196
‘‘(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-
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
197
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
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-
198
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
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.
199
‘‘(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
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
200
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;
‘‘(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
201
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).
‘‘(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
202
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
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
203
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
‘‘(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-
204
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—
‘‘(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
205
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-
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
206
‘‘(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
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.’’.
207
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:
‘‘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.
208
‘‘(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.
‘‘(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
209
‘‘(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.
‘‘(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-
210
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-
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;
211
‘‘(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
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
212
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-
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
213
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—
‘‘(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
214
‘‘(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
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.
215
‘‘(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
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
216
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
‘‘(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
Reform Act).
‘‘(c) DIRECT AWARDS
TO SPECIALLY QUALIFIED
AGENCIES.—
217
‘‘(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
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.
218
‘‘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
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-
219
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.
‘‘(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
220
‘‘(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;
‘‘(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
221
‘‘(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
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
222
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
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
223
‘‘(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.
‘‘(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-
224
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;
‘‘(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
225
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 Reform 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.
‘‘(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;
226
‘‘(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-
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;
227
‘‘(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
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
228
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
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 $620,000,000 for fiscal year 2002, 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-
229
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
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-
230
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.
‘‘(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.
231
‘‘(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
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-
232
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.);
(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—
233
(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 2002
and’’.
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;
234
(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
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;
235
(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
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
236
‘Improving America’s Schools Act of 1994’’’ and in-
serting ‘‘the Education Reform 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-
essary for fiscal year 2002 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 Reform 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 2002, 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 2002, and’’;
237
(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 2002, 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
inserting ‘‘such sums as may be necessary for fiscal
year 2002, 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 2002, 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 2002, 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 2002, and’’;
238
(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 2002, 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
inserting ‘‘such sums as may be necessary for fiscal
year 2002, 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 2002, 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 ‘‘2002’’.
(b) CHARTER SCHOOLS AMENDMENTS.—
239
(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
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:
240
‘‘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.
‘‘(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—
241
‘‘(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:
‘‘(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.’’;
242
(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-
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).
243
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
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
244
‘‘(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.
‘‘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
245
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.
‘‘(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
246
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—
‘‘(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
247
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—
‘‘(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.
248
‘‘SEC. 4305. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this part $100,000,000 for fiscal year 2002 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
‘‘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
249
‘‘(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.
‘‘(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
250
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—
‘‘(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 2002;
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 2002 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 2002–2003 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
251
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
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,
252
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-
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-
253
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;
‘‘(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
254
‘‘(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.
‘‘(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.
255
‘‘(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
‘‘(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—
256
‘‘(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-
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—
257
‘‘(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
‘‘(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-
258
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
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 under part A of title I or
part A of title II shall provide, upon request, in an
understandable 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, informa-
tion regarding the professional qualifications of the
259
student’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
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—
260
‘‘(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
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)—
261
(A) by striking ‘‘$16,750,000 for fiscal
year 1995 and’’; and
(B) by inserting ‘‘fiscal year 2002 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 2002 and’’
after ‘‘necessary for’’;
(3) in subsection (c)—
(A) by striking ‘‘$45,000,000 for fiscal
year 1995 and’’; and
(B) by inserting ‘‘fiscal year 2002 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 2002 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 2002 and’’
after ‘‘necessary for’’;
(6) in subsection (f)—
262
(A) by striking ‘‘$2,000,000 for fiscal year
1995 and’’; and
(B) by inserting ‘‘fiscal year 2002 and’’
after ‘‘necessary for’’; and
(7) in subsection (g), by striking ‘‘1998’’ and
inserting ‘‘2002’’.
(b) REPEALS, TRANSFERS, AND REDESIGNATIONS.—
The Act (20 U.S.C. 6301 et seq.) is amended—
(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.
263
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:
‘‘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.
264
‘‘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.—
‘‘(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
265
date of enactment of the Education Reform
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-
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.
266
‘‘(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-
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 Reform Act) for the preceding fiscal
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;
267
‘‘(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-
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-
268
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
‘‘(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
269
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
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;
270
‘‘(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));
‘‘(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
271
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
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
272
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.—
‘‘(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-
273
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;
‘‘(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;
274
‘‘(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;
‘‘(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
275
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
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).
276
‘‘(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
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).
277
‘‘(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.—
‘‘(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
278
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-
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
279
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
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
280
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
‘‘(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:
281
‘‘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-
ered provision by the end of the fourth fiscal year for
which the State receives grant funds under the covered
provision, the Secretary shall reduce the total amount the
State receives under title VI by 30 percent.
‘‘(c) DURATION.—If the Secretary determines, under
subsection (a) or (b), that a State failed to meet the per-
formance objectives established under a covered provision
for a fiscal year, the Secretary shall reduce grant funds
in accordance with subsection (a) or (b) for the State for
each subsequent fiscal year until the State demonstrates
that the State met the performance objectives for the fis-
cal year preceding the demonstration.
282
‘‘(d) TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance, if sought, to a State subjected
to sanctions under subsection (a) or (b).
‘‘(e) LOCAL SANCTIONS.—
‘‘(1) IN GENERAL.—Each State receiving assist-
ance under title I, II, III, or VI shall develop a sys-
tem to hold local educational agencies accountable
for meeting—
‘‘(A) the performance objectives estab-
lished under part A of title II, part A of title
III, and title VI; and
‘‘(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—
283
‘‘(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).
‘‘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);
284
‘‘(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 Reform 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) 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
285
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.
‘‘(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—
286
‘‘(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;
‘‘(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 Reform 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
287
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-
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;
288
‘‘(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
‘‘(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.
289
‘‘(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
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
290
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;
‘‘(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;
291
‘‘(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
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
292
$150,000,000 for fiscal year 2002, 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).’’.
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
293
(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:
‘‘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
294
(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
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
295
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;
(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:
296
‘‘(C) part A of title II;
‘‘(D) part A of title III; and
‘‘(E) title IV.’’;
(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-
form 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’’;
297
(II) in subparagraph (B), by in-
serting ‘‘professional development,’’
after ‘‘curriculum development,’’; and
(ii) in paragraph (4)—
(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
298
(B) by striking subsection (b);
(8) in section 8302(a)(2) (as redesignated by
subsection (a)(9))—
(A) by striking subparagraph (C); and
(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-
form 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))—
299
(A) by striking subparagraphs (B) through
(E);
(B) by redesignating subparagraph (A) as
subparagraph (B);
(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
Reform 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 Reform 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
300
1994’’ and inserting ‘‘Education Reform
Act’’; and
(ii) in subparagraph (B), by striking
‘‘Improving America’s Schools Act’’ and
inserting ‘‘Education Reform Act’’; and
(B) in subsection (f), by striking ‘‘Improv-
ing America’s Schools Act of 1994’’ and insert-
ing ‘‘Education Reform 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 Re-
form 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
301
Advisory Council on Education Statis-
tics’’; and
(ii) in subparagraph (C)(ii), by strik-
ing ‘‘the School-to-Work Opportunities Act
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’.
302
‘‘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,
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-
303
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
support resources and services in the edu-
cational marketplace;
‘‘(4) policies at the Federal, State, and local
levels concerning technology in education must ad-
dress disparities in the availability of technology to
different groups of students, give priority to serving
students in greatest need, and recognize that edu-
cational telecommunications and technology can ad-
dress educational equalization concerns and school
restructuring needs by providing universal access to
high-quality teaching and programs, particularly in
urban and rural areas;
‘‘(5) the increasing use of new technologies and
telecommunications systems in business has in-
creased the gap between schooling and work force
preparation, and underscores the need for tech-
nology policies at the Federal, State, tribal, and
304
local levels that address preparation for school-to-
work transitions;
‘‘(6) technology can enhance the ongoing pro-
fessional development of teachers and administrators
by providing constant access to updated research in
teaching and learning by means of telecommuni-
cations, and, through exposure to technology ad-
vancements, keep teachers and administrators ex-
cited and knowledgeable about unfolding opportuni-
ties for the classroom;
‘‘(7) planned and creative uses of technology,
combined with teachers adequately trained in the
use of technology, can reshape our Nation’s tradi-
tional method of providing education and empower
teachers to create an environment in which students
are challenged through rigorous, rich classroom in-
struction provided at a pace suited to each student’s
learning style, and in which students have increased
opportunities to develop higher order thinking and
technical skills;
‘‘(8) schools need new ways of financing the ac-
quisition and maintenance of educational technology;
‘‘(9) the needs for educational technology differ
from State to State;
305
‘‘(10) technology can provide students, parents,
teachers, other education professionals, communities,
and industry with increased opportunities for part-
nerships and with increased access to information,
instruction, and educational services in schools and
other settings, including homes, libraries, preschool
and child-care facilities, adult and family education
programs, and postsecondary institutions;
‘‘(11) the Department, consistent with the over-
all national technology policy established by the
President, must assume a vital leadership and co-
ordinating role in developing the national vision and
strategy to infuse advanced technology throughout
all educational programs;
‘‘(12) Federal support can ease the burden at
the State and local levels by enabling the acquisition
of advanced technology and initiating the develop-
ment of teacher training and support as well as new
educational products;
‘‘(13) leadership at the Federal level should
consider guidelines to ensure that educational tech-
nology is accessible to all users with maximum inter-
operability nationwide;
306
‘‘(14) the rapidly changing nature of technology
requires coordination and flexibility in Federal lead-
ership; and
‘‘(15) technology has the potential to assist and
support the improvement of teaching and learning in
schools and other settings.
‘‘SEC. 10112. STATEMENT OF PURPOSE.
‘‘The purpose of this part is to support a comprehen-
sive system for the acquisition and use by elementary and
secondary schools in the United States of technology and
technology-enhanced curricula, instruction, and adminis-
trative support resources and services to improve the deliv-
ery of educational services. Such system shall include—
‘‘(1) national leadership with respect to the
need for, and the provision of, appropriate tech-
nology-enhanced curriculum, instruction, and admin-
istrative programs to improve learning in the United
States, and to promote equal access for all students
to educational opportunities in order to achieve the
National Education Goals by the year 2000;
‘‘(2) funding mechanisms which will support the
development, interconnection, implementation, im-
provement, and maintenance of an effective edu-
cational technology infrastructure, including activi-
ties undertaken by State and local educational agen-
307
cies to promote and provide equipment, training for
teachers and school library and media personnel,
and technical support;
‘‘(3) support for technical assistance, profes-
sional development, information and resource dis-
semination, in order to help States, local educational
agencies, teachers, school library and media per-
sonnel, and administrators successfully integrate
technology into kindergarten through 12th grade
classrooms and library media centers;
‘‘(4) support for the development of educational
and instructional programming in core subject areas,
which shall address the National Education Goals;
‘‘(5) strengthening and building upon, but not
duplicating, existing telecommunications infrastruc-
tures dedicated to educational purposes;
‘‘(6) development and evaluation of new and
emerging educational technologies, telecommuni-
cations networks, and state-of-the-art educational
technology products that promote the use of ad-
vanced technologies in the classroom and school li-
brary media center;
‘‘(7) assessment data regarding state-of-the-art
uses of technologies in United States education upon
which commercial and noncommercial telecommuni-
308
cations entities, and governments can rely for deci-
sionmaking about the need for, and provision of, ap-
propriate technologies for education in the United
States;
‘‘(8) ensuring that uses of educational tech-
nology are consistent with the overall national tech-
nology policy established by the President, and en-
suring that Federal technology-related policies and
programs will facilitate the use of technology in edu-
cation;
‘‘(9) ensuring that activities supported under
this part will form the basis for sound State and
local decisions about investing in, sustaining, and ex-
panding uses of technology in education;
‘‘(10) establishing working guidelines to ensure
maximum interoperability nationwide and ease of ac-
cess for the emerging technologies so that no school
system will be excluded from the technological revo-
lution;
‘‘(11) ensuring that, as technological advances
are made, the educational uses of these advances are
considered and their applications are developed; and
‘‘(12) encouragement of collaborative relation-
ships among the State agency for higher education,
the State library administrative agency, the State
309
telecommunications agency, and the State edu-
cational agency, in the area of technology support to
strengthen the system of education.
‘‘SEC. 10113. DEFINITIONS.
‘‘For purposes of this title—
‘‘(1) the term ‘adult education’ has the same
meaning given such term by section 203 of the
Adult Education and Family Literacy Act;
‘‘(2) the term ‘all students’ means students
from a broad range of backgrounds and cir-
cumstances, including disadvantaged students, stu-
dents with diverse racial, ethnic, and cultural back-
grounds, students with disabilities, students with
limited English proficiency, students who have
dropped out of school, and academically talented
students;
‘‘(3) the term ‘information infrastructure’
means a network of communication systems de-
signed to exchange information among all citizens
and residents of the United States;
‘‘(4) the term ‘instructional programming’
means the full range of audio and video data, text,
graphics, or additional state-of-the-art communica-
tions, including multimedia based resources distrib-
uted through interactive, command and control, or
310
passive methods for the purpose of education and
instruction;
‘‘(5) the terms ‘interoperable’ and ‘interoper-
ability’ mean the ability to exchange easily data
with, and connect to, other hardware and software
in order to provide the greatest accessibility for all
students and other users;
‘‘(6) the term ‘Office’ means the Office of Edu-
cational Technology;
‘‘(7) the term ‘public telecommunications entity’
has the same meaning given to such term by section
397(12) of the Communications Act of 1934;
‘‘(8) the term ‘regional educational laboratory’
means a regional educational laboratory supported
under section 941(h) of the Educational, Research,
Development, Dissemination, and Improvement Act
of 1994;
‘‘(9) the term ‘State educational agency’ in-
cludes the Bureau of Indian Affairs for purposes of
serving schools funded by the Bureau of Indian Af-
fairs in accordance with this part;
‘‘(10) the term ‘State library administrative
agency’ has the same meaning given to such term in
section 3 of the Library Services and Construction
Act; and
311
‘‘(11) the term ‘technology’ means state-of-the-
art technology products and services, such as closed
circuit television systems, educational television and
radio programs and services, cable television, sat-
ellite, copper and fiber optic transmission, computer
hardware and software, video and audio laser and
CD–ROM discs, and video and audio tapes.
‘‘SEC. 10114. AUTHORIZATION OF APPROPRIATIONS; FUND-
ING RULE.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) SUBPARTS 1, 2, AND 3.—There are author-
ized to be appropriated $200,000,000 for fiscal year
2002 and such sums as may be necessary for each
of the four succeeding fiscal years to carry out sub-
parts 1, 2, and 3, of which—
‘‘(A)(i) $3,000,000 shall be available to
carry out subpart 1 (National Programs for
Technology in Education) for any such year for
which the amount appropriated under this sub-
section is less than $75,000,000; and
‘‘(ii) $5,000,000 shall be available to carry
out subpart 1 for any such year for which the
amount appropriated under this subsection is
equal to or greater than $75,000,000;
312
‘‘(B) $10,000,000 shall be available to
carry out subpart 3 (Regional Technical Sup-
port and Professional Development) for each
such year; and
‘‘(C) the remainder shall be available to
carry out subpart 2 (State and Local Programs
for School Technology Resources) for each such
year.
‘‘(2) SUBPART 4.—For the purpose of carrying
out subpart 4, there are authorized to be appro-
priated $50,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the four suc-
ceeding fiscal years.
‘‘(b) FUNDING RULE.—
‘‘(1) 
APPROPRIATIONS
OF
LESS
THAN
$75,000,000.—For any fiscal year for which the
amount appropriated under subsection (a)(1) is less
than $75,000,000, from the remainder of funds
made available under subsection (a)(1)(C) the Sec-
retary shall award grants for the National Challenge
Grants in accordance with section 10136.
‘‘(2) APPROPRIATIONS EQUAL TO OR GREATER
THAN $75,000,000.—For any fiscal year for which the
amount appropriated under subsection (a)(1) is
equal to or greater than $75,000,000, from the re-
313
mainder of funds made available under subsection
(a)(1)(C) the Secretary shall award grants to State
educational agencies from allotments under section
10131, except that the Secretary may reserve, from
such remainder, such funds as the Secretary deter-
mines necessary to meet outstanding obligations for
such fiscal year to continue the National Challenge
Grants for Technology awarded under section
10136.
‘‘SEC. 10115. LIMITATION ON COSTS.
‘‘Not more than 5 percent of the funds under this
part that are made available to a recipient of funds under
this part for any fiscal year may be used by such recipient
for administrative costs or technical assistance.
‘‘Subpart 1—National Programs for Technology in
Education
‘‘SEC. 10121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.
‘‘(a) IN GENERAL.—The Secretary shall develop and
publish not later than 12 months after the date of the
enactment of the Education Reform Act, and update when
the Secretary determines appropriate, a national long-
range plan that supports the overall national technology
policy and carries out the purposes of this part.
‘‘(b) PLAN REQUIREMENTS.—The Secretary shall—
314
‘‘(1) develop the national long-range plan in
consultation with other Federal departments or
agencies, State and local education practitioners and
policymakers, experts in technology and the applica-
tions of technology to education, representatives of
distance learning consortia, representatives of tele-
communications partnerships receiving assistance
under the Star Schools Act, and providers of tech-
nology services and products;
‘‘(2) transmit such plan to the President and to
the appropriate committees of the Congress; and
‘‘(3) publish such plan in a form that is readily
accessible to the public.
‘‘(c) CONTENTS OF THE PLAN.—The national long-
range plan shall describe the Secretary’s activities to pro-
mote the purposes of this title, including—
‘‘(1) how the Secretary will encourage the effec-
tive use of technology to provide all students the op-
portunity to achieve State content standards and
State student performance standards, especially
through programs administered by the Department;
‘‘(2) joint activities in support of the overall na-
tional technology policy with other Federal depart-
ments or agencies, such as the Office of Science and
Technology Policy, the National Endowment for the
315
Humanities, the National Endowment for the Arts,
the National Institute for Literacy, the National
Aeronautics and Space Administration, the National
Science Foundation, the Bureau of Indian Affairs,
and the Departments of Commerce, Energy, Health
and Human Services, and Labor—
‘‘(A) to promote the use of technology in
education, training, and lifelong learning, in-
cluding plans for the educational uses of a na-
tional information infrastructure; and
‘‘(B) to ensure that the policies and pro-
grams of such departments or agencies facili-
tate the use of technology for educational pur-
poses, to the extent feasible;
‘‘(3) how the Secretary will work with edu-
cators, State and local educational agencies, and ap-
propriate representatives of the private sector to fa-
cilitate the effective use of technology in education;
‘‘(4) how the Secretary will promote—
‘‘(A) higher achievement of all students
through the integration of technology into the
curriculum;
‘‘(B) increased access to the benefits of
technology for teaching and learning for schools
316
with a high number or percentage of children
from low-income families;
‘‘(C) the use of technology to assist in the
implementation of State systemic reform strate-
gies;
‘‘(D) the application of technological ad-
vances to use in education;
‘‘(E) increased access to high quality adult
and family education services through the use
of technology for instruction and professional
development; and
‘‘(F) increased opportunities for the pro-
fessional development of teachers in the use of
new technologies;
‘‘(5) how the Secretary will determine, in con-
sultation with appropriate individuals, organizations,
industries, and agencies, the feasibility and desir-
ability of establishing guidelines to facilitate an easy
exchange of data and effective use of technology in
education;
‘‘(6) how the Secretary will promote the ex-
change of information among States, local edu-
cational agencies, schools, consortia, and other enti-
ties concerning the effective use of technology in
education;
317
‘‘(7) how the Secretary will utilize the outcomes
of the evaluation undertaken pursuant to section
10123 to promote the purposes of this part; and
‘‘(8) the Secretary’s long-range measurable
goals and objectives relating to the purposes of this
part.
‘‘SEC. 10122. FEDERAL LEADERSHIP.
‘‘(a) PROGRAM AUTHORIZED.—In order to provide
Federal leadership in promoting the use of technology in
education, the Secretary, in consultation with the National
Science Foundation, the Department of Commerce, the
United States National Commission on Libraries and In-
formation Sciences, and other appropriate Federal agen-
cies, may carry out activities designed to achieve the pur-
poses of this part directly or by awarding grants or con-
tracts competitively and pursuant to a peer review process
to, or entering into contracts with, State educational agen-
cies, local educational agencies, institutions of higher edu-
cation, or other public and private nonprofit or for-profit
agencies and organizations.
‘‘(b) ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall provide
assistance to the States to enable such States to
plan effectively for the use of technology in all
schools throughout the State in accordance with the
318
purpose and requirements of section 317 of the
Goals 2000: Educate America Act.
‘‘(2) OTHER
FEDERAL
AGENCIES.—For the
purpose of carrying out coordinated or joint activi-
ties consistent with the purposes of this part, the
Secretary may accept funds from, and transfer
funds to, other Federal agencies.
‘‘(c) USES
OF FUNDS.—The Secretary shall use
funds made available to carry out this section for activities
designed to carry out the purpose of this part, such as—
‘‘(1) providing assistance to technical assistance
providers to enable such providers to improve sub-
stantially the services such providers offer to edu-
cators regarding the uses of technology for edu-
cation, including professional development;
‘‘(2) providing development grants to technical
assistance providers, to enable such providers to im-
prove substantially the services such providers offer
to educators on the educational uses of technology,
including professional development;
‘‘(3) consulting with representatives of industry,
elementary and secondary education, higher edu-
cation, adult and family education, and appropriate
experts in technology and educational applications of
319
technology in carrying out activities under this sub-
part;
‘‘(4) research on, and the development of,
guidelines to facilitate maximum interoperability, ef-
ficiency and easy exchange of data for effective use
of technology in education;
‘‘(5) research on, and the development of, appli-
cations for education of the most advanced and
newly emerging technologies which research shall be
coordinated, when appropriate, with the Office of
Educational Research and Improvement, and other
Federal agencies;
‘‘(6) the development, demonstration, and eval-
uation of the educational aspects of high perform-
ance computing and communications technologies
and of the national information infrastructure, in
providing professional development for teachers,
school librarians, and other educators; enriching aca-
demic curricula for elementary and secondary
schools; facilitating communications among schools,
local educational agencies, libraries, parents, and
local communities and in other such areas as the
Secretary deems appropriate;
‘‘(7) the development, demonstration, and eval-
uation of applications of existing technology in pre-
320
school education, elementary and secondary edu-
cation, training and lifelong learning, and profes-
sional development of educational personnel;
‘‘(8) the development and evaluation of software
and other products, including multimedia television
programming, that incorporate advances in tech-
nology and help achieve the National Education
Goals, State content standards and State student
performance standards;
‘‘(9) the development, demonstration, and eval-
uation of model strategies for preparing teachers
and other personnel to use technology effectively to
improve teaching and learning;
‘‘(10) the development of model programs that
demonstrate the educational effectiveness of tech-
nology in urban and rural areas and economically
distressed communities;
‘‘(11) research on, and the evaluation of, the ef-
fectiveness and benefits of technology in education;
‘‘(12) a biennial assessment of, and report to
the public regarding, the uses of technology in ele-
mentary and secondary education throughout the
United States upon which private businesses and
Federal, State, tribal, and local governments may
rely for decisionmaking about the need for, and pro-
321
vision of, appropriate technologies in schools, which
assessment and report shall use, to the extent pos-
sible, existing information and resources;
‘‘(13) conferences on, and dissemination of in-
formation regarding, the uses of technology in edu-
cation;
‘‘(14) the development of model strategies to
promote gender equity concerning access to, and the
use of, technology in the classroom;
‘‘(15) encouraging collaboration between the
Department and other Federal agencies in the devel-
opment, implementation, evaluation and funding of
applications of technology for education, as appro-
priate; and
‘‘(16) such other activities as the Secretary de-
termines will meet the purposes of this subpart.
‘‘(d) NON-FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), the Secretary may require any recipient of
a grant or contract under this section to share in the
cost of the activities assisted under such grant or
contract, which non-Federal share shall be an-
nounced through a notice in the Federal Register
and may be in the form of cash or in-kind contribu-
tions, fairly valued.
322
‘‘(2) INCREASE.—The Secretary may increase
the non-Federal share that is required of a recipient
of a grant or contract under this section after the
first year such recipient receives funds under such
grant or contract.
‘‘(3) MAXIMUM.—The non-Federal share re-
quired under this section shall not exceed 50 percent
of the cost of the activities assisted pursuant to a
grant or contract under this section.
‘‘SEC. 10123. STUDY, EVALUATION AND REPORT OF FUND-
ING ALTERNATIVES.
‘‘The Secretary, through the Office of Educational
Technology, shall conduct a study to evaluate, and report
to the Congress on, the feasibility of several alternative
models for providing sustained and adequate funding for
schools throughout the United States so that such schools
are able to acquire and maintain technology-enhanced cur-
riculum, instruction, and administrative support resources
and services. Such report shall be submitted to the Con-
gress not later than one year after the date of enactment
of the Education Reform Act.
‘‘Subpart 2—State and Local Programs for School
Technology Resources
‘‘SEC. 10131. ALLOTMENT AND REALLOTMENT.
‘‘(a) ALLOTMENT.—
323
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State educational agency shall be el-
igible to receive a grant under this subpart for a fis-
cal year in an amount which bears the same rela-
tionship to the amount made available under section
10114(a)(1)(C) for such year as the amount such
State received under part A of title I for such year
bears to the amount received for such year under
such part by all States.
‘‘(2) MINIMUM.—No State educational agency
shall be eligible to receive a grant under paragraph
(1) in any fiscal year in an amount which is less
than one-half of one percent of the amount made
available under section 10115(a)(1)(C) for such
year.
‘‘(b) REALLOTMENT OF UNUSED FUNDS.—
‘‘(1) IN GENERAL.—The amount of any State
educational agency’s allotment under subsection (a)
for any fiscal year which the Secretary determines
will not be required for such fiscal year to carry out
this subpart shall be available for reallotment from
time to time, on such dates during such year as the
Secretary may determine, to other State educational
agencies in proportion to the original allotments to
such State educational agencies under subsection (a)
324
for such year, but with such proportionate amount
for any of such other State educational agencies
being reduced to the extent such amount exceeds the
sum the Secretary estimates such State needs and
will be able to use for such year.
‘‘(2) OTHER REALLOTMENTS.—The total of re-
ductions under paragraph (1) shall be similarly real-
lotted among the State educational agencies whose
proportionate amounts were not so reduced. Any
amounts reallotted to a State educational agency
under this subsection during a year shall be deemed
a subpart of such agencies allotment under sub-
section (a) for such year.
‘‘SEC. 10132. SCHOOL TECHNOLOGY RESOURCE GRANTS.
‘‘(a) GRANTS TO STATES.—
‘‘(1) IN GENERAL.—From amounts made avail-
able under section 10131, the Secretary, through the
Office of Educational Technology, shall award
grants to State educational agencies having applica-
tions approved under section 10133.
‘‘(2) USE OF GRANTS.—(A) Each State edu-
cational agency receiving a grant under paragraph
(1) shall use such grant funds to award grants, on
a competitive basis, to local educational agencies to
325
enable such local educational agencies to carry out
the activities described in section 10134.
‘‘(B) In awarding grants under subparagraph
(A), each State educational agency shall ensure that
each such grant is of sufficient duration, and of suf-
ficient size, scope, and quality, to carry out the pur-
poses of this part effectively.
‘‘(b) TECHNICAL ASSISTANCE.—Each State edu-
cational agency receiving a grant under paragraph (1)
shall—
‘‘(1) identify the local educational agencies
served by the State educational agency that—
‘‘(A) have the highest number or percent-
age of children in poverty; and
‘‘(B) demonstrate to such State edu-
cational agency the greatest need for technical
assistance in developing the application under
section 10133; and
‘‘(2) offer such technical assistance to such
local educational agencies.
‘‘SEC. 10133. STATE APPLICATION.
‘‘To receive funds under this subpart, each State edu-
cational agency shall submit a statewide educational tech-
nology plan which may include plans submitted under the
Goals 2000: Educate America Act or other statewide tech-
326
nology plans which meet the requirements of this section.
Such application shall be submitted to the Secretary at
such time, in such manner, and accompanied by such in-
formation as the Secretary may reasonably require. Each
such application shall contain a systemic statewide plan
that—
‘‘(1) outlines long-term strategies for financing
technology education in the State and describes how
business, industry, and other public and private
agencies, including libraries, library literacy pro-
grams, and institutions of higher education, can par-
ticipate in the implementation, ongoing planning,
and support of the plan; and
‘‘(2) meets such other criteria as the Secretary
may establish in order to enable such agency to pro-
vide assistance to local educational agencies that
have the highest numbers or percentages of children
in poverty and demonstrate the greatest need for
technology, in order to enable such local educational
agencies, for the benefit of school sites served by
such local educational agencies, to carry out activi-
ties such as—
‘‘(A) purchasing quality technology re-
sources;
327
‘‘(B) installing various linkages necessary
to acquire connectivity;
‘‘(C) integrating technology into the cur-
riculum in order to improve student learning
and achievement;
‘‘(D) providing teachers and library media
personnel with training or access to training;
‘‘(E) providing administrative and tech-
nical support and services that improve student
learning through enriched technology-enhanced
resources, including library media resources;
‘‘(F) promoting in individual schools the
sharing, distribution, and application of edu-
cational technologies with demonstrated effec-
tiveness;
‘‘(G) assisting schools in promoting parent
involvement;
‘‘(H) assisting the community in providing
literacy-related services;
‘‘(I) establishing partnerships with private
or public educational providers or other entities
to serve the needs of children in poverty; and
‘‘(J) providing assurances that financial
assistance provided under this part shall supple-
ment, not supplant, State and local funds.
328
‘‘SEC. 10134. LOCAL USES OF FUNDS.
‘‘Each local educational agency, to the extent pos-
sible, shall use the funds made available under section
10132(a)(2) for—
‘‘(1) developing, adapting, or expanding existing
and new applications of technology to support the
school reform effort;
‘‘(2) funding projects of sufficient size and
scope to improve student learning and, as appro-
priate, support professional development, and pro-
vide administrative support;
‘‘(3) acquiring connectivity linkages, resources,
and services, including the acquisition of hardware
and software, for use by teachers, students and
school library media personnel in the classroom or in
school library media centers, in order to improve
student learning by supporting the instructional pro-
gram offered by such agency to ensure that students
in schools will have meaningful access on a regular
basis to such linkages, resources and services;
‘‘(4) providing ongoing professional develop-
ment in the integration of quality educational tech-
nologies into school curriculum and long-term plan-
ning for implementing educational technologies;
‘‘(5) acquiring connectivity with wide area net-
works for purposes of accessing information and
329
educational programming sources, particularly with
institutions of higher education and public libraries;
and
‘‘(6) providing educational services for adults
and families.
‘‘SEC. 10135. LOCAL APPLICATIONS.
‘‘Each local educational agency desiring assistance
from 
a 
State 
educational 
agency 
under 
section
10132(a)(2) shall submit an application, consistent with
the objectives of the systemic statewide plan, to the State
educational agency at such time, in such manner and ac-
companied by such information as the State educational
agency may reasonably require. Such application, at a
minimum, shall—
‘‘(1) include a strategic, long-range (three- to
five-year), plan that includes—
‘‘(A) a description of the type of tech-
nologies to be acquired, including specific provi-
sions for interoperability among components of
such technologies and, to the extent practicable,
with existing technologies;
‘‘(B) an explanation of how the acquired
technologies will be integrated into the cur-
riculum to help the local educational agency en-
330
hance teaching, training, and student achieve-
ment;
‘‘(C) an explanation of how programs will
be developed in collaboration with existing adult
literacy services providers to maximize the use
of such technologies;
‘‘(D)(i) a description of how the local edu-
cational agency will ensure ongoing, sustained
professional development for teachers, adminis-
trators, and school library media personnel
served by the local educational agency to fur-
ther the use of technology in the classroom or
library media center; and
‘‘(ii) a list of the source or sources of ongo-
ing training and technical assistance available
to schools, teachers and administrators served
by the local educational agency, such as State
technology offices, intermediate educational
support units, regional educational laboratories
or institutions of higher education;
‘‘(E) a description of the supporting re-
sources, such as services, software and print re-
sources, which will be acquired to ensure suc-
cessful and effective use of technologies ac-
quired under this section;
331
‘‘(F) the projected timetable for imple-
menting such plan in schools;
‘‘(G) the projected cost of technologies to
be acquired and related expenses needed to im-
plement such plan; and
‘‘(H) a description of how the local edu-
cational agency will coordinate the technology
provided pursuant to this subpart with other
grant funds available for technology from State
and local sources;
‘‘(2) describe how the local educational agency
will involve parents, public libraries, business leaders
and community leaders in the development of such
plan;
‘‘(3) describe how the acquired instructionally
based technologies will help the local educational
agency—
‘‘(A) promote equity in education in order
to support State content standards and State
student performance standards that may be de-
veloped; and
‘‘(B) provide access for teachers, parents
and students to the best teaching practices and
curriculum resources through technology; and
332
‘‘(4) describe a process for the ongoing evalua-
tion of how technologies acquired under this
section—
‘‘(A) will be integrated into the school cur-
riculum; and
‘‘(B) will affect student achievement and
progress toward meeting the National Edu-
cation Goals and any challenging State content
standards and State student performance
standards that may be developed.
‘‘(d) FORMATION
OF CONSORTIA.—A local edu-
cational agency for any fiscal year may apply for financial
assistance as part of a consortium with other local edu-
cational agencies, institutions of higher education, inter-
mediate educational units, libraries, or other educational
entities appropriate to provide local programs. The State
educational agency may assist in the formation of con-
sortia among local educational agencies, providers of edu-
cational services for adults and families, institutions of
higher education, intermediate educational units, libraries,
or other appropriate educational entities to provide serv-
ices for the teachers and students in a local educational
agency at the request of such local educational agency.
‘‘(e) COORDINATION
OF
APPLICATION
REQUIRE-
MENTS.—If a local educational agency submitting an ap-
333
plication for assistance under this section has developed
a comprehensive education improvement plan, in conjunc-
tion with requirements under this Act or the Goals 2000:
Educate America Act, the State educational agency may
approve such plan, or a component of such plan, notwith-
standing the requirements of subsection (e) if the State
educational agency determines that such approval would
further the purposes of this subpart.
‘‘SEC. 10136. NATIONAL CHALLENGE GRANTS FOR TECH-
NOLOGY IN EDUCATION.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—From amounts made avail-
able under section 10115(b)(1) for any fiscal year
the Secretary is authorized to award grants, on a
competitive basis, to consortia having applications
approved under subsection (d), which consortia shall
include at least one local educational agency with a
high percentage or number of children living below
the poverty line and may include other local edu-
cational agencies, State educational agencies, institu-
tions of higher education, businesses, academic con-
tent experts, software designers, museums, libraries,
or other appropriate entities.
‘‘(2) DURATION.—Grants under this section
shall be awarded for a period of 5 years.
334
‘‘(b) USE OF GRANTS.—Grants awarded under sub-
section (a) shall be used for activities similar to the activi-
ties described in section 10134.
‘‘(c) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to consortia which
demonstrate in the application submitted under subsection
(d) that—
‘‘(1) the project for which assistance is sought
is designed to serve areas with a high number or
percentage of disadvantaged students or the greatest
need for educational technology;
‘‘(2) the project will directly benefit students
by, for example, integrating the acquired tech-
nologies into curriculum to help the local educational
agency enhance teaching, training, and student
achievement;
‘‘(3) the project will ensure ongoing, sustained
professional development for teachers, administra-
tors, and school library media personnel served by
the local educational agency to further the use of
technology in the classroom or library media center;
‘‘(4) the project will ensure successful, effective,
and sustainable use of technologies acquired under
this subsection; and
335
‘‘(5) members of the consortia or other appro-
priate entities will contribute substantial financial
and other resources to achieve the goals of the
project.
‘‘(d) APPLICATION.—Each local educational agency
desiring a grant under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
‘‘SEC. 10137. FEDERAL ADMINISTRATION.
‘‘(a) EVALUATION
PROCEDURES.—The Secretary
shall develop procedures for State and local evaluations
of the programs under this subpart.
‘‘(b) EVALUATION SUMMARY.—The Secretary shall
submit to the Congress four years after the enactment of
the Education Reform Act a summary of the State evalua-
tions of programs under this subpart in accordance with
the provisions of section 14701.
‘‘Subpart 3—Regional Technical Support and
Professional Development
‘‘SEC. 10141. REGIONAL TECHNICAL SUPPORT AND PROFES-
SIONAL DEVELOPMENT.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) AUTHORITY.—The Secretary, through the
Office of Educational Technology, shall make grants
336
in accordance with the provisions of this section, to
regional entities such as the Eisenhower Mathe-
matics and Science Regional Consortia under part C
of title XIII, the regional education laboratories, the
comprehensive regional assistance centers, or such
other regional entities as may be designated or es-
tablished by the Secretary. In awarding grants
under this section, the Secretary shall give priority
to such consortia and shall ensure that each geo-
graphic region of the United States shall be served
by such a consortium.
‘‘(2) REQUIREMENTS.—Each consortium receiv-
ing a grant under this section shall—
‘‘(A) be composed of State educational
agencies, institutions of higher education, non-
profit organizations, or a combination thereof;
‘‘(B) in cooperation with State and local
educational agencies, develop a regional pro-
gram that addresses professional development,
technical assistance, and information resource
dissemination, with special emphasis on meeting
the documented needs of educators and learners
in the region; and
‘‘(C) foster regional cooperation and re-
source and coursework sharing.
337
‘‘(b) FUNCTIONS.—
‘‘(1) TECHNICAL
ASSISTANCE.—Each consor-
tium receiving a grant under this section shall, to
the extent practicable—
‘‘(A) collaborate with State educational
agencies and local educational agencies request-
ing collaboration, particularly in the develop-
ment of strategies for assisting those schools
with the highest numbers or percentages of dis-
advantaged students with little or no access to
technology in the classroom;
‘‘(B) provide information, in coordination
with information available from the Secretary,
to State educational agencies, local educational
agencies, schools and adult education programs,
on the types and features of various educational
technology equipment and software available,
evaluate and make recommendations on equip-
ment and software that support the National
Education Goals and are suited for a school’s
particular needs, and compile and share infor-
mation regarding creative and effective applica-
tions of technology in the classroom and school
library media centers in order to support the
purposes of this part;
338
‘‘(C) collaborate with such State edu-
cational agencies, local educational agencies, or
schools requesting to participate in the tailoring
of software programs and other supporting ma-
terials to meet challenging State content stand-
ards or challenging State student performance
standards that may be developed; and
‘‘(D) provide technical assistance to facili-
tate use of the electronic dissemination net-
works by State and local educational agencies
and schools throughout the region.
‘‘(2) 
PROFESSIONAL
DEVELOPMENT.—Each
consortium receiving a grant under this section
shall, to the extent practicable—
‘‘(A) develop and implement, in collabora-
tion with State educational agencies and insti-
tutions of higher education, technology-specific,
ongoing professional development, such as—
‘‘(i) intensive school year and summer
workshops that use teachers, school librar-
ians, and school library personnel to train
other teachers, school librarians, and other
school library media personnel; and
‘‘(ii) distance professional develop-
ment, including—
339
‘‘(I) interactive training tele-
courses using researchers, educators,
and 
telecommunications 
personnel
who have experience in developing,
implementing, 
or 
operating 
edu-
cational and instructional technology
as a learning tool;
‘‘(II) onsite courses teaching
teachers to use educational and in-
structional technology and to develop
their own instructional materials for
effectively incorporating technology
and programming in their own class-
rooms;
‘‘(III) methods for successful in-
tegration of instructional technology
into the curriculum in order to im-
prove student learning and achieve-
ment;
‘‘(IV) video conferences and sem-
inars which offer professional develop-
ment through peer interaction with
experts as well as other teachers using
technologies in their classrooms; and
340
‘‘(V) mobile education technology
and training resources;
‘‘(B) develop training resources that—
‘‘(i) are relevant to the needs of the
region and schools within the region;
‘‘(ii) are relevant to the needs of adult
literacy staff and volunteers, including on-
site courses on how to—
‘‘(I) use instructional technology;
and
‘‘(II) develop instructional mate-
rials for adult learning; and
‘‘(iii) are aligned with the needs of
teachers and administrators in the region;
‘‘(C) establish a repository of professional
development and technical assistance resources;
‘‘(D) identify and link technical assistance
providers to State and local educational agen-
cies, as needed;
‘‘(E) ensure that training, professional de-
velopment, and technical assistance meet the
needs of educators, parents, and students
served by the region;
‘‘(F) assist colleges and universities within
the region to develop and implement preservice
341
training programs for students enrolled in
teacher education programs; and
‘‘(G) assist local educational agencies and
schools in working with community members
and parents to develop support from commu-
nities and parents for educational technology
programs and projects.
‘‘(3) INFORMATION AND RESOURCE DISSEMINA-
TION.—Each consortium receiving a grant under
this section shall, to the extent practicable—
‘‘(A) assist State and local educational
agencies in the identification and procurement
of financial, technological and human resources
needed to implement technology plans;
‘‘(B) provide outreach and, at the request
of a State or local educational agency, work
with such agency to assist in the development
and validation of instructionally based tech-
nology education resources; and
‘‘(C) coordinate activities and establish
partnerships with organizations and institutions
of higher education that represent the interests
of the region as such interests pertain to the
application of technology in teaching, learning,
instructional management, dissemination, col-
342
lection and distribution of educational statistics,
and the transfer of student information.
‘‘(4) COORDINATION.—Each consortium receiv-
ing a grant under this section shall work collabo-
ratively, and coordinate the services the consortium
provides, with appropriate regional and other enti-
ties assisted in whole or in part by the Department.
‘‘Subpart 4—Product Development
‘‘SEC. 10151. EDUCATIONAL TECHNOLOGY PRODUCT DE-
VELOPMENT.
‘‘(a) PURPOSE.—It is the purpose of this subpart
to—
‘‘(1) support development of curriculum-based
learning resources using state-of-the-art technologies
and techniques designed to improve student learn-
ing; and
‘‘(2) support development of long-term com-
prehensive instructional programming and associated
support resources that ensure maximum access by
all educational institutions.
‘‘(b) FEDERAL ASSISTANCE AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall provide
assistance, on a competitive basis, to eligible con-
sortia to enable such entities to develop, produce,
and distribute state-of-the-art technology-enhanced
343
instructional resources and programming for use in
the classroom or to support professional development
for teachers.
‘‘(2) GRANTS
AND
LOANS
AUTHORIZED.—In
carrying out the purposes of this section, the Sec-
retary is authorized to pay the Federal share of the
cost of the development, production, and distribution
of state-of-the-art technology enhanced instructional
resources and programming—
‘‘(A) by awarding grants to, or entering
into contracts or cooperative agreements with,
eligible consortia; or
‘‘(B) by awarding loans to eligible con-
sortia which—
‘‘(i) shall be secured in such manner
and be repaid within such period, not ex-
ceeding 20 years, as may be determined by
the Secretary;
‘‘(ii) shall bear interest at a rate de-
termined by the Secretary which shall be
not more than the total of one-quarter of
1 percent per annum added to the rate of
interest paid by the Secretary on funds ob-
tained from the Secretary of the Treasury;
and
344
‘‘(iii) may be forgiven by the Sec-
retary, in an amount not to exceed 25 per-
cent of the total loan, under such terms
and conditions as the Secretary may con-
sider appropriate.
‘‘(3) MATCHING
REQUIREMENT.—The Sec-
retary may require any recipient of a grant or con-
tract under this subpart to share in the cost of the
activities assisted under such grant or contract,
which non-Federal share shall be announced through
a notice in the Federal Register and may be in the
form of cash or in-kind contributions, fairly valued.
‘‘(4) ELIGIBLE CONSORTIUM.—For the purpose
of this subsection, the term ‘eligible consortium’
means a consortium—
‘‘(A) that shall include—
‘‘(i) a State or local educational agen-
cy; and
‘‘(ii) a business, industry, or tele-
communications entity; and
‘‘(B) that may include—
‘‘(i) a public or private nonprofit orga-
nization; or
‘‘(ii) a postsecondary institution.
345
‘‘(5) 
PRIORITIES.—In 
awarding 
assistance
under this section, the Secretary shall give priority
to applications describing programs or systems
that—
‘‘(A) promote the acquisition of higher-
order thinking skills and promise to raise the
achievement levels of all students, particularly
disadvantaged students who are not realizing
their potential;
‘‘(B) are aligned with challenging State
content standards and State and local cur-
riculum frameworks;
‘‘(C) may be adapted and applied nation-
ally at a reasonable cost over a broad tech-
nology platform;
‘‘(D) convert technology resources devel-
oped with support from the Department of De-
fense and other Federal agencies for effective
use in the classroom;
‘‘(E) show promise of reducing the costs of
providing high-quality instruction;
‘‘(F) show promise of expanding access to
high-quality instruction in content areas which
would otherwise not be available to students in
rural and urban communities or who are served
346
by other educational agencies with limited fi-
nancial resources;
‘‘(G) are developed in consultation with
classroom teachers;
‘‘(H) are developed through consultation
and collaboration with appropriate education
entities in designing the product to ensure rel-
evance to the voluntary national content stand-
ards, the voluntary national student perform-
ance standards and State curriculum frame-
works; and
‘‘(I) are developed so that the product can
be adapted for use by adults in need of literacy
services, including English as a second language
and preparation for a secondary school diploma
or its recognized equivalent.
‘‘(6) REQUIREMENTS
FOR
FEDERAL
ASSIST-
ANCE.—Each eligible consortium desiring Federal
assistance under this section shall submit an appli-
cation to the Secretary at such time and in such
manner as the Secretary may prescribe. Each appli-
cation shall include—
‘‘(A) a description of how the product will
improve the achievement levels of students;
347
‘‘(B) a description of how the activities as-
sisted under this section will promote profes-
sional development of teachers and administra-
tors in the uses and applications of the product,
including the development of training materials;
‘‘(C) a description of design, development,
field testing, evaluation, and distribution of
products, where appropriate;
‘‘(D) an assurance that the product shall
effectively serve a significant number or per-
centage of economically disadvantaged students;
‘‘(E) plans for dissemination of products to
a wide audience of learners;
‘‘(F) a description of how the product can
be adapted for use by students with disabilities
including provisions for closed captioning or de-
scriptive video, where appropriate;
‘‘(G) a description of how ownership and
rights to the use and marketing of any product
developed by the consortium, including intellec-
tual property rights, will be allocated among
consortium participants; and
‘‘(H) a description of the contributions, in-
cluding services and funds, to be made by each
member of the consortium, and how any reve-
348
nues derived from the sale of any product devel-
oped by the consortium shall be distributed.
‘‘(c) CONSUMER REPORT.—The Secretary shall pro-
vide for the independent evaluation of products developed
under this section and shall disseminate information about
products developed pursuant to provisions of this section
to State and local educational agencies, and other organi-
zations or individuals that the Secretary determines to be
appropriate, through print and electronic media that are
accessible to the education community at large.
‘‘(d) PROCEEDS.—The Secretary shall not prohibit
an eligible consortium or any of the members of such con-
sortium from receiving financial benefits from the dis-
tribution of any products resulting from the assistance re-
ceived under this section. Notwithstanding any other pro-
vision of law, any profits or royalties received by a State
educational agency, local educational agency, or other non-
profit member of an eligible consortium receiving assist-
ance under this section shall be used to support further
development of curriculum-based learning resources, serv-
ices, and programming or to provide access to such prod-
ucts for a wider audience.
‘‘PART B—STAR SCHOOLS PROGRAM
‘‘SEC. 10201. SHORT TITLE.
‘‘This part may be cited as the ‘Star Schools Act’.
349
‘‘SEC. 10202. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the Star Schools program has helped to
encourage the use of distance learning strategies to
serve multi-State regions primarily by means of sat-
ellite and broadcast television;
‘‘(2) in general, distance learning programs
have been used effectively to provide students in
small, rural, and isolated schools with courses and
instruction, such as science and foreign language in-
struction, that the local educational agency is not
otherwise able to provide; and
‘‘(3) distance learning programs may also be
used to—
‘‘(A) provide students of all ages in all
types of schools and educational settings with
greater access to high-quality instruction in the
full range of core academic subjects that will
enable such students to meet challenging, inter-
nationally competitive, educational standards;
‘‘(B) expand professional development op-
portunities for teachers;
‘‘(C) contribute to achievement of the Na-
tional Education Goals; and
‘‘(D) expand learning opportunities for ev-
eryone.
350
‘‘SEC. 10203. PURPOSE.
‘‘It is the purpose of this part to encourage improved
instruction in mathematics, science, and foreign languages
as well as other subjects, such as literacy skills and voca-
tional education, and to serve underserved populations, in-
cluding the disadvantaged, illiterate, limited-English pro-
ficient, and individuals with disabilities, through a star
schools program under which grants are made to eligible
telecommunication partnerships to enable such partner-
ships to—
‘‘(1) develop, construct, acquire, maintain and
operate telecommunications audio and visual facili-
ties and equipment;
‘‘(2) develop and acquire educational and in-
structional programming; and
‘‘(3) obtain technical assistance for the use of
such facilities and instructional programming.
‘‘SEC. 10204. GRANTS AUTHORIZED.
‘‘(a) AUTHORITY.—The Secretary, through the Office
of Educational Technology, is authorized to make grants,
in accordance with the provisions of this part, to eligible
entities to pay the Federal share of the cost of—
‘‘(1) the development, construction, acquisition,
maintenance and operation of telecommunications
facilities and equipment;
351
‘‘(2) the development and acquisition of live,
interactive instructional programming;
‘‘(3) the development and acquisition of
preservice and inservice teacher training programs
based on established research regarding teacher-to-
teacher mentoring, effective skill transfer, and ongo-
ing, in-class instruction;
‘‘(4) the establishment of teleconferencing facili-
ties and resources for making interactive training
available to teachers;
‘‘(5) obtaining technical assistance; and
‘‘(6) the coordination of the design and
connectivity of telecommunications networks to
reach the greatest number of schools.
‘‘(b) DURATION.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants pursuant to subsection (a) for a period of 5
years.
‘‘(2) RENEWAL.—Grants awarded pursuant to
subsection (a) may be renewed for one additional
three-year period.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated $60,000,000 for fiscal year 2002, and
352
such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this part.
‘‘(2) AVAILABILITY.—Funds appropriated pur-
suant to the authority of subsection (a) shall remain
available until expended.
‘‘(d) LIMITATIONS.—
‘‘(1) IN GENERAL.—A grant under this section
shall not exceed—
‘‘(A) five years in duration; and
‘‘(B) $10,000,000 in any one fiscal year.
‘‘(2) INSTRUCTIONAL PROGRAMMING.—Not less
than 25 percent of the funds available to the Sec-
retary in any fiscal year under this part shall be
used for the cost of instructional programming.
‘‘(3) SPECIAL RULE.—Not less than 50 percent
of the funds available in any fiscal year under this
part shall be used for the cost of facilities, equip-
ment, teacher training or retraining, technical assist-
ance, or programming, for local educational agencies
which are eligible to receive asssistance under part
A of title I.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the
cost of projects funded under this section shall not
exceed—
353
‘‘(A) 75 percent for the first and second
years for which an eligible telecommunications
partnership receives a grant under this part;
‘‘(B) 60 percent for the third and fourth
such years; and
‘‘(C) 50 percent for the fifth such year.
‘‘(2) REDUCTION OR WAIVER.—The Secretary
may reduce or waive the requirement of the non-
Federal share under paragraph (1) upon a showing
of financial hardship.
‘‘(f) AUTHORITY TO ACCEPT FUNDS FROM OTHER
AGENCIES.—The Secretary is authorized to accept funds
from other Federal departments or agencies to carry out
the purposes of this section, including funds for the pur-
chase of equipment.
‘‘(g) COORDINATION.—The Department, the Na-
tional Science Foundation, the Department of Agriculture,
the Department of Commerce, and any other Federal de-
partment or agency operating a telecommunications net-
work for educational purposes, shall coordinate the activi-
ties assisted under this part with the activities of such de-
partment or agency relating to a telecommunications net-
work for educational purposes.
354
‘‘(h) 
CLOSED
CAPTIONING
AND
DESCRIPTIVE
VIDEO.—Each entity receiving funds under this part is
encouraged to provide—
‘‘(1) closed captioning of the verbal content of
such program, where appropriate, to be broadcast by
way of line 21 of the vertical blanking interval, or
by way of comparable successor technologies; and
‘‘(2) descriptive video of the visual content of
such program, as appropriate.
‘‘SEC. 10205. ELIGIBLE ENTITIES.
‘‘(a) ELIGIBLE ENTITIES.—
‘‘(1) REQUIRED
PARTICIPATION.—The Sec-
retary may make a grant under section 10204 to
any eligible entity, if at least one local educational
agency is participating in the proposed project.
‘‘(2) ELIGIBLE
ENTITY.—For the purpose of
this part, the term ‘eligible entity’ may include—
‘‘(A) a public agency or corporation estab-
lished for the purpose of developing and oper-
ating telecommunications networks to enhance
educational opportunities provided by edu-
cational institutions, teacher training centers,
and other entities, except that any such agency
or corporation shall represent the interests of
elementary and secondary schools that are eligi-
355
ble to participate in the program under part A
of title I; or
‘‘(B) a partnership that will provide tele-
communications services and which includes 3
or more of the following entities, at least 1 of
which shall be an agency described in clause (i)
or (ii):
‘‘(i) a local educational agency that
serves a significant number of elementary
and secondary schools that are eligible for
assistance under part A of title I, or ele-
mentary and secondary schools operated or
funded for Indian children by the Depart-
ment of the Interior eligible under section
1121(b)(2);
‘‘(ii) a State educational agency;
‘‘(iii) adult and family education pro-
grams;
‘‘(iv) an institution of higher edu-
cation or a State higher education agency;
‘‘(v) a teacher training center or acad-
emy that—
‘‘(I) provides teacher pre-service
and in-service training; and
356
‘‘(II) receives Federal financial
assistance or has been approved by a
State agency;
‘‘(vi) (I) a public or private entity
with experience and expertise in the plan-
ning and operation of a telecommuni-
cations network, including entities involved
in telecommunications through satellite,
cable, telephone, or computer; or
‘‘(II) a public broadcasting entity with
such experience; or
‘‘(vii) a public or private elementary
or secondary school.
‘‘(b) SPECIAL RULE.—An eligible entity receiving as-
sistance under this part shall be organized on a statewide
or multistate basis.
‘‘SEC. 10206. APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—Each eligible entity
which desires to receive a grant under section 10204 shall
submit an application to the Secretary, at such time, in
such manner, and containing or accompanied by such in-
formation as the Secretary may reasonably require.
‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each
application submitted pursuant to subsection (a) shall—
357
‘‘(1) describe how the proposed project will as-
sist in achieving the National Education Goals, how
such project will assist all students to have an op-
portunity to learn to challenging State standards,
how such project will assist State and local edu-
cational reform efforts, and how such project will
contribute to creating a high quality system of life-
long learning;
‘‘(2) describe the telecommunications facilities
and equipment and technical assistance for which
assistance is sought, which may include—
‘‘(A) the design, development, construction,
acquisition, maintenance and operation of State
or multistate educational telecommunications
networks and technology resource centers;
‘‘(B) microwave, fiber optics, cable, and
satellite transmission equipment or any com-
bination thereof;
‘‘(C) reception facilities;
‘‘(D) satellite time;
‘‘(E) production facilities;
‘‘(F) other telecommunications equipment
capable of serving a wide geographic area;
‘‘(G) the provision of training services to
instructors who will be using the facilities and
358
equipment for which assistance is sought, in-
cluding training in using such facilities and
equipment and training in integrating programs
into the classroom curriculum; and
‘‘(H) the development of educational and
related programming for use on a telecommuni-
cations network;
‘‘(3) in the case of an application for assistance
for instructional programming, describe the types of
programming which will be developed to enhance in-
struction and training and provide assurances that
such programming will be designed in consultation
with professionals (including classroom teachers)
who are experts in the applicable subject matter and
grade level;
‘‘(4) describe how the eligible entity has en-
gaged in sufficient survey and analysis of the area
to be served to ensure that the services offered by
the eligible entity will increase the availability of
courses of instruction in English, mathematics,
science, foreign languages, arts, history, geography,
or other disciplines;
‘‘(5) describe the professional development poli-
cies for teachers and other school personnel to be
implemented to ensure the effective use of the tele-
359
communications facilities and equipment for which
assistance is sought;
‘‘(6) describe the manner in which historically
underserved students (such as students from low-in-
come families, limited English proficient students,
students with disabilities, or students who have low
literacy skills) and their families, will participate in
the benefits of the telecommunications facilities,
equipment, technical assistance, and programming
assisted under this part;
‘‘(7) describe how existing telecommunications
equipment, facilities, and services, where available,
will be used;
‘‘(8) provide assurances that the financial inter-
est of the United States in the telecommunications
facilities and equipment will be protected for the
useful life of such facilities and equipment;
‘‘(9) provide assurances that a significant por-
tion of any facilities and equipment, technical assist-
ance, and programming for which assistance is
sought for elementary and secondary schools will be
made available to schools or local educational agen-
cies that have a high number or percentage of chil-
dren eligible to be counted under part A of title I;
360
‘‘(10) provide assurances that the applicant will
use the funds provided under this part to supple-
ment and not supplant funds otherwise available for
the purposes of this part;
‘‘(11) if any member of the consortia receives
assistance under subpart 3 of part A, describe how
funds received under this part will be coordinated
with funds received for educational technology in the
classroom under such section;
‘‘(12) describe the activities or services for
which assistance is sought, such as—
‘‘(A) providing facilities, equipment, train-
ing services, and technical assistance;
‘‘(B) making programs accessible to stu-
dents with disabilities through mechanisms such
as closed captioning and descriptive video serv-
ices;
‘‘(C) linking networks around issues of na-
tional importance (such as elections) or to pro-
vide information about employment opportuni-
ties, job training, or student and other social
service programs;
‘‘(D) sharing curriculum resources between
networks and development of program guides
which demonstrate cooperative, cross-network
361
listing of programs for specific curriculum
areas;
‘‘(E) providing teacher and student sup-
port services including classroom and training
support materials which permit student and
teacher involvement in the live interactive dis-
tance learning telecasts;
‘‘(F) incorporating community resources
such as libraries and museums into instruc-
tional programs;
‘‘(G) providing professional development
for teachers, including, as appropriate, training
to early childhood development and Head Start
teachers and staff and vocational education
teachers and staff, and adult and family edu-
cators;
‘‘(H) providing programs for adults to
maximize the use of telecommunications facili-
ties and equipment;
‘‘(I) providing teacher training on proposed
or established voluntary national content stand-
ards in mathematics and science and other dis-
ciplines as such standards are developed; and
‘‘(J) providing parent education programs
during and after the regular school day which
362
reinforce a student’s course of study and ac-
tively involve parents in the learning process;
‘‘(13) describe how the proposed project as a
whole will be financed and how arrangements for fu-
ture financing will be developed before the project
expires;
‘‘(14) provide an assurance that a significant
portion of any facilities, equipment, technical assist-
ance, and programming for which assistance is
sought for elementary and secondary schools will be
made available to schools in local educational agen-
cies that have a high percentage of children counted
for the purpose of part A of title I;
‘‘(15) provide an assurance that the applicant
will provide such information and cooperate in any
evaluation that the Secretary may conduct under
this part; and
‘‘(16) include such additional assurances as the
Secretary may reasonably require.
‘‘(c) PRIORITIES.—The Secretary, in approving appli-
cations for grants authorized under section 10204, shall
give priority to applications describing projects that—
‘‘(1) propose high-quality plans to assist in
achieving one or more of the National Education
Goals, will provide instruction consistent with State
363
content standards, or will otherwise provide signifi-
cant and specific assistance to States and local edu-
cational agencies undertaking systemic education re-
form;
‘‘(2) will provide services to programs serving
adults, especially parents, with low levels of literacy;
‘‘(3) will serve schools with significant numbers
of children counted for the purposes of part A of
title I;
‘‘(4) ensure that the eligible entity will—
‘‘(A) serve the broadest range of institu-
tions, programs providing instruction outside of
the school setting, programs serving adults, es-
pecially parents, with low levels of literacy, in-
stitutions of higher education, teacher training
centers, research institutes, and private indus-
try;
‘‘(B) have substantial academic and teach-
ing capabilities, including the capability of
training, retraining, and inservice upgrading of
teaching skills and the capability to provide pro-
fessional development;
‘‘(C) provide a comprehensive range of
courses for educators to teach instructional
strategies for students with different skill levels;
364
‘‘(D) provide training to participating edu-
cators in ways to integrate telecommunications
courses into existing school curriculum;
‘‘(E) provide instruction for students,
teachers, and parents;
‘‘(F) serve a multistate area; and
‘‘(G) give priority to the provision of equip-
ment and linkages to isolated areas; and
‘‘(5) involve a telecommunications entity (such
as a satellite, cable, telephone, computer, or public
or private television stations) participating in the eli-
gible entity and donating equipment or in-kind serv-
ices for telecommunications linkages.
‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap-
plications for grants authorized under section 10204, the
Secretary shall, to the extent feasible, ensure an equitable
geographic distribution of services provided under this
part.
‘‘SEC. 10207. LEADERSHIP AND EVALUATION ACTIVITIES.
‘‘(a) RESERVATION.—From the amount appropriated
pursuant to the authority of section 10204(c)(1) in each
fiscal year, the Secretary may reserve not more than 5
percent of such amount for national leadership, evalua-
tion, and peer review activities.
365
‘‘(b) METHOD OF FUNDING.—The Secretary may
fund the activities described in subsection (a) directly or
through grants, contracts, and cooperative agreements.
‘‘(c) USES OF FUNDS.—
‘‘(1) LEADERSHIP.—Funds reserved for leader-
ship activities under subsection (a) may be used
for—
‘‘(A) disseminating information, including
lists and descriptions of services available from
grant recipients under this part; and
‘‘(B) other activities designed to enhance
the quality of distance learning activities na-
tionwide.
‘‘(2) EVALUATION.—Funds reserved for evalua-
tion activities under subsection (a) may be used to
conduct independent evaluations of the activities as-
sisted under this part and of distance learning in
general, including—
‘‘(A) analyses of distance learning efforts,
including such efforts that are assisted under
this part and such efforts that are not assisted
under this part; and
‘‘(B) comparisons of the effects, including
student outcomes, of different technologies in
distance learning efforts.
366
‘‘(3) PEER REVIEW.—Funds reserved for peer
review activities under subsection (a) may be used
for peer review of—
‘‘(A) applications for grants under this
part; and
‘‘(B) activities assisted under this part.
‘‘SEC. 10208. DEFINITIONS.
‘‘As used in this part—
‘‘(1) the term ‘educational institution’ means an
institution of higher education, a local educational
agency, or a State educational agency;
‘‘(2) the term ‘instructional programming’
means courses of instruction and training courses
for elementary and secondary students, teachers,
and others, and materials for use in such instruction
and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented
by means of telecommunications devices; and
‘‘(3) the term ‘public broadcasting entity’ has
the same meaning given such term in section 397 of
the Communications Act of 1934.
‘‘SEC. 10209. ADMINISTRATIVE PROVISIONS.
‘‘(a) CONTINUING ELIGIBILITY.—
‘‘(1) IN GENERAL.—In order to be eligible to
receive a grant under section 10204 for a second 3-
367
year grant period an eligible entity shall demonstrate
in the application submitted pursuant to section
10206 that such partnership shall—
‘‘(A) continue to provide services in the
subject areas and geographic areas assisted
with funds received under this part for the pre-
vious 5-year grant period; and
‘‘(B) use all grant funds received under
this part for the second 3-year grant period to
provide expanded services by—
‘‘(i) increasing the number of stu-
dents, schools or school districts served by
the courses of instruction assisted under
this part in the previous fiscal year;
‘‘(ii) providing new courses of instruc-
tion; and
‘‘(iii) serving new populations of un-
derserved individuals, such as children or
adults who are disadvantaged, have lim-
ited-English proficiency, are individuals
with disabilities, are illiterate, or lack sec-
ondary school diplomas or their recognized
equivalent.
‘‘(2) SPECIAL
RULE.—Grant funds received
pursuant to paragraph (1) shall be used to supple-
368
ment and not supplant services provided by the
grant recipient under this part in the previous fiscal
year.
‘‘(b) FEDERAL ACTIVITIES.—The Secretary may as-
sist grant recipients under section 10204 in acquiring sat-
ellite time, where appropriate, as economically as possible.
‘‘SEC. 10210. OTHER ASSISTANCE.
‘‘(a) SPECIAL STATEWIDE NETWORK.—
‘‘(1) IN GENERAL.—The Secretary, through the
Office of Educational Technology, may provide as-
sistance to a statewide telecommunications network
under this subsection if such network—
‘‘(A) provides 2-way full motion interactive
video and audio communications;
‘‘(B) links together public colleges and uni-
versities and secondary schools throughout the
State; and
‘‘(C) meets any other requirements deter-
mined appropriate by the Secretary.
‘‘(2) STATE CONTRIBUTION.—A statewide tele-
communications network assisted under paragraph
(1) shall contribute, either directly or through pri-
vate contributions, non-Federal funds equal to not
less than 50 percent of the cost of such network.
‘‘(b) SPECIAL LOCAL NETWORK.—
369
‘‘(1) IN GENERAL.—The Secretary may provide
assistance, on a competitive basis, to a local edu-
cational agency or consortium thereof to enable such
agency or consortium to establish a high technology
demonstration program.
‘‘(2) PROGRAM REQUIREMENTS.—A high tech-
nology demonstration program assisted under para-
graph (1) shall—
‘‘(A) include 2-way full motion interactive
video, audio and text communications;
‘‘(B) link together elementary and sec-
ondary schools, colleges, and universities;
‘‘(C) provide parent participation and fam-
ily programs;
‘‘(D) include a staff development program;
and
‘‘(E) have a significant contribution and
participation from business and industry.
‘‘(3) SPECIAL
RULE.—Each high technology
demonstration program assisted under paragraph
(1) shall be of sufficient size and scope to have an
effect on meeting the National Education Goals.
‘‘(4) MATCHING REQUIREMENT.—A local edu-
cational agency or consortium receiving a grant
under paragraph (1) shall provide, either directly or
370
through private contributions, non-Federal matching
funds equal to not less than 50 percent of the
amount of the grant.
‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR CON-
TINUING EDUCATION.—
‘‘(1) AUTHORITY.—The Secretary is authorized
to award grants, on a competitive basis, to eligible
entities to enable such partnerships to develop and
operate one or more programs which provide on-line
access to educational resources in support of con-
tinuing education and curriculum requirements rel-
evant to achieving a secondary school diploma or its
recognized equivalent. The program authorized by
this section shall be designed to advance adult lit-
eracy, secondary school completion and the acquisi-
tion of specified competency by the end of the 12th
grade, as envisioned by the Goals 2000: Educate
America Act.
‘‘(2) APPLICATION.—Each eligible entity desir-
ing a grant under this section shall submit an appli-
cation to the Secretary. Each such application
shall—
‘‘(A) demonstrate that the applicant will
use publicly funded or free public telecommuni-
cations infrastructure to deliver video, voice and
371
data in an integrated service to support and as-
sist in the acquisition of a secondary school di-
ploma or its recognized equivalent;
‘‘(B) assure that the content of the mate-
rials to be delivered is consistent with the ac-
creditation requirements of the State for which
such materials are used;
‘‘(C) incorporate, to the extent feasible,
materials developed in the Federal departments
and agencies and under appropriate federally
funded projects and programs;
‘‘(D) assure that the applicant has the
technological and substantive experience to
carry out the program; and
‘‘(E) contain such additional assurances as
the Secretary may reasonably require.
‘‘PART C—READY-TO-LEARN TELEVISION
‘‘SEC. 10301. READY-TO-LEARN.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to or enter into contracts or cooperative
agreements with eligible entities described in section
10302(b) to develop, produce, and distribute educational
and instructional video programming for preschool and el-
ementary school children and their parents in order to fa-
cilitate the achievement of the National Education Goals.
372
‘‘(b) AVAILABILITY.—In making such grants, con-
tracts, or cooperative agreements, the Secretary shall en-
sure that recipients make programming widely available
with support materials as appropriate to young children,
their parents, child care workers, and Head Start pro-
viders to increase the effective use of such programming.
‘‘SEC. 10302. EDUCATIONAL PROGRAMMING.
‘‘(a) AWARDS.—The Secretary shall award grants,
contracts, or cooperative agreements to eligible entities
to—
‘‘(1) facilitate the development directly or
through contracts with producers of children and
family educational television programming, edu-
cational programming for preschool and elementary
school children, and accompanying support materials
and services that promote the effective use of such
programming; and
‘‘(2) enable such entities to contract with enti-
ties (such as public telecommunications entities and
those funded under the Star Schools Act) so that
programs developed under this section are dissemi-
nated and distributed to the widest possible audience
appropriate to be served by the programming by the
most appropriate distribution technologies.
373
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive
a grant, contract, or cooperative agreement under sub-
section (a), an entity shall be—
‘‘(1) a nonprofit entity (including a public tele-
communications entity) able to demonstrate a capac-
ity for the development and distribution of edu-
cational and instructional television programming of
high quality for preschool and elementary school
children; and
‘‘(2) able to demonstrate a capacity to contract
with the producers of children’s television program-
ming for the purpose of developing educational tele-
vision programming of high quality for preschool
and elementary school children.
‘‘(c) CULTURAL EXPERIENCES.—Programming de-
veloped under this section shall reflect the recognition of
diverse cultural experiences and the needs and experiences
of both boys and girls in engaging and preparing young
children for schooling.
‘‘SEC. 10303. DUTIES OF SECRETARY.
‘‘The Secretary is authorized—
‘‘(1) to establish and administer a Special
Projects of National Significance program to award
grants, contracts, or cooperative agreements to pub-
lic and nonprofit private entities, or local public tele-
374
vision stations or such public television stations that
are part of a consortium with one or more State
educational agencies, local educational agencies, local
schools, institutions of higher education, or commu-
nity-based organizations of demonstrated effective-
ness, for the purpose of—
‘‘(A) addressing the learning needs of
young children in limited English proficient
households, and developing appropriate edu-
cational and instructional television program-
ming to foster the school readiness of such chil-
dren;
‘‘(B) developing programming and support
materials to increase family literacy skills
among parents to assist parents in teaching
their children and utilizing educational tele-
vision programming to promote school readi-
ness; and
‘‘(C) identifying, supporting, and enhanc-
ing the effective use and outreach of innovative
programs that promote school readiness;
‘‘(2) to establish within the Department a clear-
inghouse to compile and provide information, refer-
rals and model program materials and programming
obtained or developed under this part to parents,
375
child care providers, and other appropriate individ-
uals or entities to assist such individuals and entities
in accessing programs and projects under this part;
and
‘‘(3) to develop and disseminate training mate-
rials, including—
‘‘(A) interactive programs and programs
adaptable to distance learning technologies that
are designed to enhance knowledge of children’s
social and cognitive skill development and posi-
tive adult-child interactions; and
‘‘(B) support materials to promote the ef-
fective use of materials developed under para-
graph (2);
among parents, Head Start providers, in-home and
center based day care providers, early childhood de-
velopment personnel, and elementary school teach-
ers, public libraries, and after school program per-
sonnel caring for preschool and elementary school
children;
‘‘(4) coordinate activities with the Secretary of
Health and Human Services in order to—
‘‘(A) maximize the utilization of quality
educational programming by preschool and ele-
mentary school children, and make such pro-
376
gramming widely available to federally funded
programs serving such populations; and
‘‘(B) provide information to recipients of
funds under Federal programs that have major
training components for early childhood devel-
opment, including Head Start, Even Start, and
State training activities funded under the Child
Care Development Block Grant Act of 1990 re-
garding the availability and utilization of mate-
rials developed under paragraph (3) to enhance
parent and child care provider skills in early
childhood development and education.
‘‘SEC. 10304. APPLICATIONS.
‘‘Each eligible entity desiring a grant, contract, or co-
operative agreement under section 10301 or 10303 shall
submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require.
‘‘SEC. 10305. REPORTS AND EVALUATION.
‘‘(a) ANNUAL REPORT TO SECRETARY.—An entity
receiving funds under section 10301 shall prepare and
submit to the Secretary an annual report which contains
such information as the Secretary may require. At a min-
imum, the report shall describe the program activities un-
377
dertaken with funds received under this section,
including—
‘‘(1) the programming that has been developed
directly or indirectly by the entity, and the target
population of the programs developed;
‘‘(2) the support materials that have been de-
veloped to accompany the programming, and the
method by which such materials are distributed to
consumers and users of the programming;
‘‘(3) the means by which programming devel-
oped under this section has been distributed, includ-
ing the distance learning technologies that have been
utilized to make programming available and the geo-
graphic distribution achieved through such tech-
nologies; and
‘‘(4) the initiatives undertaken by the entity to
develop public-private partnerships to secure non-
Federal support for the development and distribu-
tion and broadcast of educational and instructional
programming.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall
prepare and submit to the relevant committees of Con-
gress a biannual report which includes—
‘‘(1) a summary of the information made avail-
able under section 10302(a); and
378
‘‘(2) a description of the training materials
made available under section 10303(3), the manner
in which outreach has been conducted to inform par-
ents and child care providers of the availability of
such materials, and the manner in which such mate-
rials have been distributed in accordance with such
section.
‘‘SEC. 10306. ADMINISTRATIVE COSTS.
‘‘With respect to the implementation of section
10302, entities receiving a grant, contract, or cooperative
agreement from the Secretary may use not more than 5
percent of the amounts received under such section for
the normal and customary expenses of administering the
grant, contract, or cooperative agreement.
‘‘SEC. 10307. DEFINITION.
‘‘For the purposes of this part, the term ‘distance
learning’ means the transmission of educational or in-
structional programming to geographically dispersed indi-
viduals and groups via telecommunications.
‘‘SEC. 10308. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this part, $16,000,000 for fiscal
year 2002, and such sums as may be necessary for each
of the four succeeding fiscal years. Not less than 60 per-
cent of the amounts appropriated under this subsection
379
for each fiscal year shall be used to carry out section
10302.
‘‘(b) SPECIAL PROJECTS.—Of the amount appro-
priated under subsection (b) for each fiscal year, at least
10 percent of such amount shall be used for each such
fiscal year for activities under section 10303(1)(C).
‘‘PART D—TELECOMMUNICATIONS
DEMONSTRATION PROJECT FOR MATHEMATICS
‘‘SEC. 10401. PROJECT AUTHORIZED.
‘‘The Secretary is authorized to make grants to a
nonprofit telecommunications entity, or partnership of
such entities, for the purpose of carrying out a national
telecommunications-based demonstration project to im-
prove the teaching of mathematics. The demonstration
project authorized by this part shall be designed to assist
elementary and secondary school teachers in preparing all
students for achieving State content standards.
‘‘SEC. 10402. APPLICATION REQUIRED.
‘‘(a) IN GENERAL.—Each nonprofit telecommuni-
cations entity, or partnership of such entities, desiring a
grant under this part shall submit an application to the
Secretary. Each such application shall—
‘‘(1) demonstrate that the applicant will use the
existing publicly funded telecommunications infra-
structure to deliver video, voice and data in an inte-
380
grated service to train teachers in the use of new
standards-based curricula materials and learning
technologies;
‘‘(2) assure that the project for which assist-
ance is sought will be conducted in cooperation with
appropriate State educational agencies, local edu-
cational agencies, State or local nonprofit public
telecommunications entities, and a national mathe-
matics education professional association that has
developed content standards;
‘‘(3) assure that a significant portion of the
benefits available for elementary and secondary
schools from the project for which assistance is
sought will be available to schools of local edu-
cational agencies which have a high percentage of
children counted for the purpose of part A of title
I; and
‘‘(4) contain such additional assurances as the
Secretary may reasonably require.
‘‘(b) APPROVAL
OF APPLICATIONS; NUMBER
OF
DEMONSTRATION
SITES.—In 
approving 
applications
under this section, the Secretary shall assure that the
demonstration project authorized by this part is conducted
at elementary and secondary school sites in at least 15
States.
381
‘‘SEC. 10403. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part, $5,000,000 for the fiscal year 2002, and such
sums as may be necessary for each of the four succeeding
fiscal years.
‘‘PART E—ELEMENTARY MATHEMATICS AND
SCIENCE EQUIPMENT PROGRAM
‘‘SEC. 10501. SHORT TITLE.
‘‘This part may be cited as the ‘Elementary Mathe-
matics and Science Equipment Act’.
‘‘SEC. 10502. STATEMENT OF PURPOSE.
‘‘It is the purpose of this part to raise the quality
of instruction in mathematics and science in the Nation’s
elementary schools by providing equipment and materials
necessary for hands-on instruction through assistance to
State and local educational agencies.
‘‘SEC. 10503. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized to make allotments to
State educational agencies under section 10504 to enable
such agencies to award grants to local educational agen-
cies for the purpose of providing equipment and materials
to elementary schools to improve mathematics and science
education in such schools.
382
‘‘SEC. 10504. ALLOTMENTS OF FUNDS.
‘‘(a) IN GENERAL.—From the amount appropriated
under section 10509 for any fiscal year, the Secretary
shall reserve—
‘‘(1) not more than one-half of 1 percent for al-
lotment among Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands accord-
ing to their respective needs for assistance under
this part; and
‘‘(2) one-half of 1 percent for programs for In-
dian students served by schools funded by the Sec-
retary of the Interior which are consistent with the
purposes of this part.
‘‘(b) ALLOTMENT.—
‘‘(1) IN
GENERAL.—The remainder of the
amount so appropriated (after meeting requirements
in subsection (a)) shall be allotted among State edu-
cational agencies so that—
‘‘(A) one-half of such remainder shall be
distributed by allotting to each State edu-
cational agency an amount which bears the
same ratio to such one-half of such remainder
as the number of children aged 5 to 17, inclu-
sive, in the State bears to the number of such
children in all States; and
383
‘‘(B) one-half of such remainder shall be
distributed according to each State’s share of
allocations under part A of title I.
‘‘(2) MINIMUM.—Except as provided in para-
graph (3), no State educational agency shall receive
an allotment under this subsection for any fiscal
year in an amount that is—
‘‘(A) less than one-half of 1 percent of the
amount made available under this subsection
for such fiscal year; or
‘‘(B) less than the amount allotted to such
State for fiscal year 1988 under title II of the
Education for Economic Security Act.
‘‘(3) RATABLE REDUCTIONS.—(A) If the sums
made available under this part for any fiscal year
are insufficient to pay the full amounts that all
State educational agencies are eligible to receive
under paragraph (2)(B) for such year, the Secretary
shall ratably reduce the allotment to such agencies
for such year.
‘‘(B) If additional funds become available for
making payments under paragraph (2)(B) for such
fiscal year, allotments that were reduced under sub-
paragraph (A) shall be increased on the same basis
as such allotments were reduced.