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satisfies the requirements of subsection (b) or
(c).
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
shall not apply for a fiscal year to a local edu-
cational agency that can demonstrate to the
State that all teachers under the jurisdiction of
the agency are fully qualified.
‘‘(h) VERIFICATION OF COMPLIANCE.—
‘‘(1) IN
GENERAL.—In verifying compliance
with this section, each local educational agency at a
minimum shall require that the principal of each
school operating a program under section 1114 or
1115 annually attest in writing as to whether such
school is in compliance with the requirements of this
section.
‘‘(2) AVAILABILITY OF INFORMATION.—Copies
of attestations under paragraph (1)—
‘‘(A) shall be maintained at each school op-
erating a program under section 1114 or 1115
and at the main office of the local educational
agency; and
‘‘(B) shall be available to any member of
the general public upon request.’’.
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SEC. 117. PROFESSIONAL DEVELOPMENT.
Subpart 1 of part A of title I (20 U.S.C. 6311 et
seq.) is amended by inserting after section 1119 the fol-
lowing:
‘‘SEC. 1119A. PROFESSIONAL DEVELOPMENT.
‘‘(a) PURPOSE.—The purpose of this section is to as-
sist each local educational agency receiving assistance
under this part in increasing the academic achievement
of eligible children (as defined in section 1115(b)(1)(B))
through improved teacher quality.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—
‘‘(1) REQUIRED ACTIVITIES.—Professional de-
velopment activities under this section shall—
‘‘(A) support professional development ac-
tivities that give teachers, principals, and ad-
ministrators the knowledge and skills to provide
students with the opportunity to meet chal-
lenging State or local content standards and
student performance standards;
‘‘(B) support the recruiting, hiring, and
training of fully qualified teachers, including
teachers fully qualified through State and local
alternative routes;
‘‘(C) advance teacher understanding of ef-
fective instructional strategies based on scientif-
ically-based research for improving student
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achievement, at a minimum, in reading or lan-
guage arts and mathematics;
‘‘(D) be directly related to the curriculum
and content areas in which the teacher provides
instruction;
‘‘(E) be designed to enhance the ability of
a teacher to understand and use the State’s
standards for the subject area in which the
teacher provides instruction;
‘‘(F) be tied to scientifically based research
demonstrating the effectiveness of such profes-
sional development activities or programs in in-
creasing student achievement or substantially
increasing the knowledge and teaching skills of
teachers;
‘‘(G) be of sufficient intensity and duration
(not to include 1-day or short-term workshops
and conferences) to have a positive and lasting
impact on the teacher’s performance in the
classroom, except that this paragraph shall not
apply to an activity if such activity is one com-
ponent of a long-term comprehensive profes-
sional development plan established by the
teacher and the teacher’s supervisor based upon
an assessment of their needs, their students’
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needs, and the needs of the local educational
agency;
‘‘(H) be developed with extensive participa-
tion of teachers, principals, parents, and admin-
istrators of schools to be served under this part;
‘‘(I) to the extent appropriate, provide
training for teachers in the use of technology so
that technology and its applications are effec-
tively used in the classroom to improve teaching
and learning in the curriculum and academic
content areas in which the teachers provide in-
struction;
‘‘(J) as a whole, be regularly evaluated for
their impact on increased teacher effectiveness
and improved student achievement, with the
findings of such evaluations used to improve the
quality of professional development; and
‘‘(K) include strategies for identifying and
eliminating gender and racial bias in instruc-
tional materials, methods, and practices.
‘‘(2) OPTIONAL ACTIVITIES.—Such professional
development activities may include—
‘‘(A) instruction in the use of data and as-
sessments to inform and instruct classroom
practice;
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‘‘(B) instruction in ways that teachers,
principals, pupil services personnel, and school
administrators may work more effectively with
parents;
‘‘(C) the forming of partnerships with in-
stitutions of higher education to establish
school-based teacher training programs that
provide prospective teachers and novice teachers
with an opportunity to work under the guidance
of experienced teachers and college faculty;
‘‘(D) the creation of career ladder pro-
grams for paraprofessionals (assisting teachers
under this part) to obtain the education nec-
essary for such paraprofessionals to become li-
censed and certified teachers;
‘‘(E) instruction in ways to teach special
needs children;
‘‘(F) instruction in the ways that teachers,
principals, and guidance counselors can work
with parents and students from groups, such as
females and minorities which are under rep-
resented in careers in mathematics, science, en-
gineering, and technology, to encourage and
maintain the interest of such students in these
careers;
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‘‘(G) joint professional development activi-
ties involving programs under this part, Head
Start, Even Start, or State-run preschool pro-
gram personnel;
‘‘(H) 
instruction 
in 
experiential-based
teaching methods such as service or applied
learning;
‘‘(I) mentoring programs focusing on
changing teacher behaviors and practices to
help novice teachers, including teachers who are
members of a minority group, develop and gain
confidence in their skills, to increase the likeli-
hood that they will continue in the teaching
profession, and generally to improve the quality
of their teaching; and
‘‘(J) instruction in gender-equitable meth-
ods, techniques, and practices.
‘‘(c) PROGRAM PARTICIPATION.—Each local edu-
cational agency receiving assistance under this part may
design professional development programs so that—
‘‘(1) all school staff in schools participating in
a schoolwide program under section 1114 can par-
ticipate in professional development activities; and
‘‘(2) all school staff in targeted assistance
schools may participate in professional development
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activities if such participation will result in better
addressing the needs of students served under this
part.
‘‘(d) PARENTAL PARTICIPATION.—Parents may par-
ticipate in professional development activities under this
part if the school determines that parental participation
is appropriate.
‘‘(e) CONSORTIA.—In carrying out such professional
development programs, local educational agencies may
provide services through consortia arrangements with
other local educational agencies, educational service agen-
cies or other local consortia, institutions of higher edu-
cation, or other public or private institutions or organiza-
tions.
‘‘(f) CONSOLIDATION OF FUNDS.—Funds provided
under this part that are used for professional development
purposes may be consolidated with funds provided under
title II of this Act and other sources.
‘‘(g) DEFINITION.—The term ‘fully qualified’ has the
same meaning given such term in section 1610.
‘‘(h) SPECIAL RULE.—No State educational agency
shall require a school or a local educational agency to ex-
pend a specific amount of funds for professional develop-
ment activities under this part, except that this paragraph
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shall not apply with respect to requirements under section
1116(c)(9).’’.
SEC. 118. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS.
(a) GENERAL REQUIREMENT.—Subsection (a) of sec-
tion 1120 (20 U.S.C. 6321(a)) is amended to read as fol-
lows:
‘‘(a) GENERAL REQUIREMENT.—
‘‘(1) IN
GENERAL.—To the extent consistent
with the number of eligible children identified under
section 1115(b) in a local educational agency who
are enrolled in private elementary and secondary
schools, a local educational agency shall, after timely
and meaningful consultation with appropriate pri-
vate school officials, provide such children, on an eq-
uitable basis, special educational services or other
benefits under this part (such as dual enrollment,
educational radio and television, computer equip-
ment and materials, other technology, and mobile
educational services and equipment) that address
their needs, and shall ensure that teachers and fami-
lies of these students participate, on an equitable
basis, in services and activities developed pursuant
to sections 1118 and 1119A.
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‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—
Such educational services or other benefits, including
materials and equipment, shall be secular, neutral,
and nonideological.
‘‘(3) EQUITY.—Educational services and other
benefits for such private school children shall be eq-
uitable in comparison to services and other benefits
for public school children participating under this
part, and shall be provided in a timely manner.
‘‘(4) EXPENDITURES.—Expenditures for edu-
cational services and other benefits to eligible private
school children shall be equal to the proportion of
funds allocated to participating school attendance
areas based on the number of children from low-in-
come families who attend private schools, which the
local educational agency may determine each year or
every 2 years.
‘‘(5) PROVISION OF SERVICES.—The local edu-
cational agency shall provide services under this sec-
tion directly or through contracts with public and
private agencies, organizations, and institutions.’’.
(b) CONSULTATION.—Subsection (b) of section 1120
(20 U.S.C. 6321(b)) is amended to read as follows:
‘‘(b) CONSULTATION.—
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‘‘(1) IN
GENERAL.—To ensure timely and
meaningful consultation, a local educational agency
shall consult with appropriate private school officials
during the design and development of such agency’s
programs under this part, on issues such as—
‘‘(A) how the children’s needs will be iden-
tified;
‘‘(B) what services will be offered;
‘‘(C) how, where, and by whom the services
will be provided;
‘‘(D) how the services will be assessed and
how the results of that assessment will be used
to improve those services;
‘‘(E) the size and scope of the equitable
services to be provided to the eligible private
school children, and the amount of funds gen-
erated by low-income private school children in
each participating attendance area;
‘‘(F) the method or sources of data that
are used under subsection (a)(4) and section
1113(c)(2) to determine the number of children
from low-income families in participating school
attendance areas who attend private schools;
and
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‘‘(G) how and when the agency will make
decisions about the delivery of services to such
children, including a thorough consideration
and analysis of the views of the private school
officials on the provision of contract services
through potential third party providers. If the
local educational agency disagrees with the
views of the private school officials on the provi-
sion of services, through a contract, the local
educational agency shall provide in writing to
such private school officials, an analysis of the
reasons why the local educational agency has
chosen not to use a contractor.
‘‘(2) TIMING.—Such consultation shall include
meetings of agency and private school officials and
shall occur before the local educational agency
makes any decision that affects the opportunities of
eligible private school children to participate in pro-
grams under this part. Such meetings shall continue
throughout implementation and assessment of serv-
ices provided under this section.
‘‘(3) DISCUSSION.—Such consultation shall in-
clude a discussion of service delivery mechanisms a
local educational agency can use to provide equitable
services to eligible private school children.
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‘‘(4) DOCUMENTATION.—Each local educational
agency shall provide to the State educational agency,
and maintain in its records, a written affirmation
signed by officials of each participating private
school that the consultation required by this section
has occurred.
‘‘(5) COMPLIANCE.—Private school officials
shall have the right to appeal to the State as to
whether the consultation provided for in this section
was meaningful and timely, and that due consider-
ation was given to the views of private school offi-
cials. If the private school wishes to appeal, the basis
of the claim of noncompliance with this section by
the local educational agencies shall be provided to
the State, and the local educational agency shall for-
ward the documentation provided in subsection
(b)(3) to the State.’’.
(c) STANDARDS FOR BYPASS.—Subsection (d) of sec-
tion 1120 (20 U.S.C. 6321(d)) is amended to read as fol-
lows:
‘‘(d) STANDARDS FOR A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for
the participation on an equitable basis of eligible children
enrolled in private elementary and secondary schools or
if the Secretary determines that a local educational agency
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has substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall—
‘‘(1) waive the requirements of this section for
such local educational agency;
‘‘(2) arrange for the provision of services to
such children through arrangements that shall be
subject to the requirements of this section and sec-
tions 14505 and 14506; and
‘‘(3) in making the determination, consider one
or more factors, including the quality, size, scope,
and location of the program and the opportunity of
eligible children to participate.’’.
(d) CAPITAL EXPENSES.—Effective September 30,
2002, subsection (e) of section 1120 (20 U.S.C. 6321(e))
is hereby repealed.
SEC. 119. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6323 et seq.) is
amended—
(1) in subsection (a), by striking ‘‘to the extent
feasible’’ and all that follows through the period and
inserting ‘‘with local Head Start agencies, and if
feasible, other early childhood development pro-
grams.’’;
(2) in subsection (b)—
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(A) in paragraph (3) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (4) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end, the following:
‘‘(5) linking the educational services provided in
such local educational agency with the services pro-
vided in local Head Start agencies.’’.
SEC. 120. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
Section 1121 is amended to read as follows:
‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
‘‘(a) RESERVATION OF FUNDS.—From the amount
appropriated for payments to States for any fiscal year
under section 1002(a), the Secretary shall reserve a total
of 1 percent to provide assistance to—
‘‘(1) the outlying areas in the amount deter-
mined in accordance with subsection (b); and
‘‘(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection
(d).
‘‘(b) ASSISTANCE TO OUTLYING AREAS.—
‘‘(1) FUNDS
RESERVED.—From the amount
made available for any fiscal year under subsection
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(a), the Secretary shall award grants to the outlying
areas.
‘‘(2) COMPETITIVE GRANTS.—For fiscal years
2000 and 2001, the Secretary shall carry out the
competition described in paragraph (3), except that
the amount reserved to carry out such competition
shall not exceed the amount reserved under this sec-
tion for the freely associated states for fiscal year
1999.
‘‘(3) LIMITATION FOR COMPETITIVE GRANTS.—
‘‘(A) COMPETITIVE
GRANTS.—The Sec-
retary shall use funds described in paragraph
(2) to award grants, on a competitive basis, to
the outlying areas and freely associated States
to carry out the purposes of this part.
‘‘(B) AWARD BASIS.—The Secretary shall
award grants under subparagraph (A) on a
competitive basis, pursuant to the recommenda-
tions of the Pacific Region Educational Labora-
tory in Honolulu, Hawaii.
‘‘(C) TERMINATION OF ELIGIBILITY.—Not-
withstanding any other provision of law, the
freely associated States shall not receive any
funds under this part after September 30,
2001.
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‘‘(D) ADMINISTRATIVE COSTS.—The Sec-
retary may provide not more than five percent
of the amount reserved for grants under this
paragraph to pay the administrative costs of
the Pacific Region Educational Laboratory
under subparagraph (B).
‘‘(4) SPECIAL RULE.—The provisions of Public
Law 95–134, permitting the consolidation of grants
by the outlying areas, shall not apply to funds pro-
vided to the freely associated States under this sec-
tion.
‘‘(c) DEFINITIONS.—For the purposes of subsection
(a) and (b)—
‘‘(1) the term ‘freely associated States’ means
the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau; and
‘‘(2) the term ‘outlying area’ means the United
States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands.
‘‘(d) ALLOTMENT TO THE SECRETARY OF THE INTE-
RIOR.—
‘‘(1) IN
GENERAL.—The amount allotted for
payments to the Secretary of the Interior under sub-
section (a)(2) for any fiscal year shall be, as deter-
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mined pursuant to criteria established by the Sec-
retary, the amount necessary to meet the special
educational needs of—
‘‘(A) Indian children on reservations served
by elementary and secondary schools for Indian
children operated or supported by the Depart-
ment of the Interior; and
‘‘(B) out-of-State Indian children in ele-
mentary and secondary schools in local edu-
cational agencies under special contracts with
the Department of the Interior.
‘‘(2) PAYMENTS.—From the amount allotted
for payments to the Secretary of the Interior under
subsection (a)(2), the Secretary of the Interior shall
make payments to local educational agencies, upon
such terms as the Secretary determines will best
carry out the purposes of this part, with respect to
out-of-State Indian children described in paragraph
(1). The amount of such payment may not exceed,
for each such child, the greater of—
‘‘(A) 40 percent of the average per pupil
expenditure in the State in which the agency is
located; or
‘‘(B) 48 percent of such expenditure in the
United States.’’.
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SEC. 121. AMOUNTS FOR GRANTS.
Section 1122 (20 U.S.C. 6332 et seq.) is amended
to read as follows:
‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA-
TION GRANTS, AND TARGETED GRANTS.
‘‘(a) ALLOCATION FORMULA.—Of the amount au-
thorized to be appropriated to carry out this part for each
of fiscal years 2000 through 2004 (referred to in this sub-
section as the current fiscal year)—
‘‘(1) an amount equal to the amount appro-
priated to carry out section 1124 for fiscal year
1999 plus 42.5 percent of the amount, if any, by
which the amount appropriated under section
1002(a) for the current fiscal year exceeds the
amount appropriated under such section for fiscal
year 1999 shall be allocated in accordance with sec-
tion 1124;
‘‘(2) an amount equal to the amount appro-
priated to carry out section 1124A for fiscal year
1999 plus 7.5 percent of the amount, if any, by
which the amount appropriated under section
1002(a) for the current fiscal year exceeds the
amount appropriated under such section for fiscal
year 1999 shall be allocated in accordance with sec-
tion 1124A; and
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‘‘(3) an amount equal to 50 percent of the
amount, if any, by which the amount appropriated
under section 1002(a) for the current fiscal year ex-
ceeds the amount appropriated under such section
for fiscal year 1999 shall be allocated in accordance
with section 1125.
‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP-
PROPRIATIONS.—
‘‘(1) IN GENERAL.—If the sums available under
this part for any fiscal year are insufficient to pay
the full amounts that all local educational agencies
in States are eligible to receive under sections 1124,
1124A, and 1125 for such year, the Secretary shall
ratably reduce the allocations to such local edu-
cational agencies, subject to subsections (c) and (d)
of this section.
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under sec-
tions 1124, 1124A, and 1125 for such fiscal year,
allocations that were reduced under paragraph (1)
shall be increased on the same basis as they were re-
duced.
‘‘(c) HOLD-HARMLESS AMOUNTS.—
‘‘(1) AMOUNTS FOR SECTIONS 1124 AND 1125.—
For each fiscal year, the amount made available to
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each local educational agency under each of sections
1124 and 1125 shall be—
‘‘(A) not less than 95 percent of the
amount made available in the preceding fiscal
year if the number of children counted for
grants under section 1124 is not less than 30
percent of the total number of children aged 5
to 17 years, inclusive, in the local educational
agency;
‘‘(B) not less than 90 percent of the
amount made available in the preceding fiscal
year if the percentage described in subpara-
graph (A) is between 15 percent and 30 per-
cent; and
‘‘(C) not less than 85 percent of the
amount made available in the preceding fiscal
year if the percentage described in subpara-
graph (A) is below 15 percent.
‘‘(2) 
AMOUNT
FOR
SECTION
1124A.—The
amount made available to each local educational
agency under section 1124A shall be not less than
85 percent of the amount made available in the pre-
ceding fiscal year.
‘‘(3) PAYMENTS.—If sufficient funds are appro-
priated, the amounts described in paragraph (2)
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shall be paid to all local educational agencies that
received grants under section 1124A for the pre-
ceding fiscal year, regardless of whether the local
educational agency meets the minimum eligibility
criteria for that fiscal year provided in section
1124A(a)(1)(A) except that a local educational agen-
cy that does not meet such minimum eligibility cri-
teria for four consecutive years shall no longer be el-
igible to receive a hold harmless amount referred to
in paragraph (2).
‘‘(4) POPULATION DATA.—In any fiscal year for
which the Secretary calculates grants on the basis of
population data for counties, the Secretary shall
apply the hold harmless percentages in paragraphs
(1) and (2) to counties, and if the Secretary’s alloca-
tion for a county is not sufficient to meet the hold-
harmless requirements of this subsection for every
local educational agency within that county, the
State educational agency shall reallocate funds pro-
portionately from all other local educational agencies
in the State that are receiving funds in excess of the
hold harmless amounts specified in this subsection.
‘‘(d) RATABLE REDUCTIONS.—
‘‘(1) IN GENERAL.—If the sums made available
under this part for any fiscal year are insufficient to
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pay the full amounts that all States are eligible to
receive under subsection (c) for such year, the Sec-
retary shall ratably reduce such amounts for such
year.
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under sub-
section (c) for such fiscal year, amounts that were
reduced under paragraph (1) shall be increased on
the same basis as such amounts were reduced.
‘‘(e) DEFINITION.—For the purpose of this section
and sections 1124, 1124A, and 1125, the term ‘State’
means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.’’.
SEC. 122. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
Section 1124 (20 U.S.C. 6333 et seq.) is amended
to read as follows:
‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN-
CIES
AND
PUERTO
RICO.—Except as provided in
paragraph (4) and in section 1126, the grant that
a local educational agency is eligible to receive under
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this section for a fiscal year is the amount deter-
mined by multiplying—
‘‘(A) the number of children counted under
subsection (c); and
‘‘(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph
shall not be less than 32 percent or more than
48 percent, of the average per-pupil expenditure
in the United States.
‘‘(2) CALCULATION OF GRANTS.—
‘‘(A) 
ALLOCATIONS
TO
LOCAL
EDU-
CATIONAL AGENCIES.—The Secretary shall cal-
culate grants under this section on the basis of
the number of children counted under sub-
section (c) for local educational agencies, unless
the Secretary and the Secretary of Commerce
determine that some or all of those data are un-
reliable or that their use would be otherwise in-
appropriate, in which case—
‘‘(i) the two Secretaries shall publicly
disclose the reasons for their determination
in detail; and
‘‘(ii) paragraph (3) shall apply.
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‘‘(B) ALLOCATIONS TO LARGE AND SMALL
LOCAL EDUCATIONAL AGENCIES.—(i) For any
fiscal year in which this paragraph applies, the
Secretary shall calculate grants under this sec-
tion for each local educational agency.
‘‘(ii) The amount of a grant under this
section for each large local educational agency
shall be the amount determined under clause
(i).
‘‘(iii) For small local educational agencies,
the State educational agency may either—
‘‘(I) distribute grants under this sec-
tion in amounts determined by the Sec-
retary under clause (i); or
‘‘(II) use an alternative method ap-
proved by the Secretary to distribute the
portion of the State’s total grants under
this section that is based on those small
agencies.
‘‘(iv) An alternative method under clause
(iii)(II) shall be based on population data that
the State educational agency determines best
reflect the current distribution of children in
poor families among the State’s small local edu-
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cational agencies that meet the eligibility cri-
teria of subsection (b).
‘‘(v) If a small local educational agency is
dissatisfied with the determination of its grant
by the State educational agency under clause
(iii)(II), it may appeal that determination to the
Secretary, who shall respond not later than 45
days after receipt of such appeal.
‘‘(vi) As used in this subparagraph—
‘‘(I) the term ‘large local educational
agency’ means a local educational agency
serving an area with a total population of
20,000 or more; and
‘‘(II) the term ‘small local educational
agency’ means a local educational agency
serving an area with a total population of
less than 20,000.
‘‘(3) ALLOCATIONS TO COUNTIES.—
‘‘(A) CALCULATION.—For any fiscal year
to which this paragraph applies, the Secretary
shall calculate grants under this section on the
basis of the number of children counted under
section 1124(c) for counties, and State edu-
cational 
agencies 
shall 
suballocate 
county
amounts to local educational agencies, in ac-
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cordance with regulations issued by the Sec-
retary.
‘‘(B) DIRECT ALLOCATIONS.—In any State in
which a large number of local educational agencies
overlap county boundaries, or for which the State
believes it has data that would better target funds
than allocating them by county, the State edu-
cational agency may apply to the Secretary for au-
thority to make the allocations under this part for
a particular fiscal year directly to local educational
agencies without regard to counties.
‘‘(C) ASSURANCES.—If the Secretary approves
the State educational agency’s application under
subparagraph (B), the State educational agency
shall provide the Secretary an assurance that such
allocations shall be made—
‘‘(i) using precisely the same factors for
determining a grant as are used under this
part; or
‘‘(ii) using data that the State educational
agency submits to the Secretary for approval
that more accurately target poverty.
‘‘(D) APPEAL.—The State educational agency
shall provide the Secretary an assurance that it shall
establish a procedure through which a local edu-
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cational agency that is dissatisfied with its deter-
minations under subparagraph (B) may appeal di-
rectly to the Secretary for a final determination.
‘‘(4) PUERTO RICO.—
‘‘(A) IN GENERAL.—For each fiscal year,
the grant which the Commonwealth of Puerto
Rico shall be eligible to receive under this sec-
tion shall be the amount determined by multi-
plying the number of children counted under
subsection (c) for the Commonwealth of Puerto
Rico by the product of—
‘‘(i) the percentage which the average per
pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
‘‘(ii) 32 percent of the average per pupil
expenditure in the United States.
‘‘(B) MINIMUM PERCENTAGE.—The percentage
in subparagraph (A)(i) shall not be less than—
‘‘(i) for fiscal year 2000, 75.0 percent;
‘‘(ii) for fiscal year 2001, 77.5 percent;
‘‘(iii) for fiscal year 2002, 80.0 percent;
‘‘(iv) for fiscal year 2003, 82.5 percent;
and
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‘‘(v) for fiscal year 2004 and succeeding
fiscal years, 85.0 percent.
‘‘(C) LIMITATION.—If the application of sub-
paragraph (B) would result in any of the 50 States
or the District of Columbia receiving less under this
part than it received under this part for the pre-
ceding fiscal year, the percentage in subparagraph
(A) shall be the greater of the percentage in sub-
paragraph (A)(i) or the percentage used for the pre-
ceding fiscal year.
‘‘(5) DEFINITION.—For purposes of this sub-
section, the term ‘State’ does not include Guam,
American Samoa, the Virgin Islands, and the North-
ern Mariana Islands.
‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL-
IFY.—A local educational agency is eligible for a basic
grant under this section for any fiscal year only if the
number of children counted under subsection (c) for that
agency is both—
‘‘(1) 10 or more; and
‘‘(2) more than 2 percent of the total school-age
population in the agency’s jurisdiction.
‘‘(c) CHILDREN TO BE COUNTED.—
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‘‘(1) CATEGORIES OF CHILDREN.—The number
of children to be counted for purposes of this section
is the aggregate of—
‘‘(A) the number of children aged 5 to 17,
inclusive, in the school district of the local edu-
cational agency from families below the poverty
level as determined under paragraph (2);
‘‘(B) the number of children (determined
under paragraph (4) for either the preceding
year as described in that paragraph, or for the
second preceding year, as the Secretary finds
appropriate) aged 5 to 17, inclusive, in the
school district of such agency in institutions for
neglected and delinquent children (other than
such institutions operated by the United
States), but not counted pursuant to subpart 1
of part D for the purposes of a grant to a State
agency, or being supported in foster homes with
public funds; and
‘‘(C) the number of children aged 5 to 17,
inclusive, in the school district of such agency
from families above the poverty level as deter-
mined under paragraph (4).
‘‘(2) DETERMINATION
OF
NUMBER
OF
CHIL-
DREN.—For the purposes of this section, the Sec-
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retary shall determine the number of children aged
5 to 17, inclusive, from families below the poverty
level on the basis of the most recent satisfactory
data, described in paragraph (3), available from the
Department of Commerce. The District of Columbia
and the Commonwealth of Puerto Rico shall be
treated as individual local educational agencies. If a
local educational agency contains two or more coun-
ties in their entirety, then each county will be treat-
ed as if such county were a separate local edu-
cational agency for purposes of calculating grants
under this part. The total of grants for such coun-
ties shall be allocated to such a local educational
agency, which local educational agency shall dis-
tribute to schools in each county within such agency
a share of the local educational agency’s total grant
that is no less than the county’s share of the popu-
lation counts used to calculate the local educational
agency’s grant.
‘‘(3) POPULATION
UPDATES.—In fiscal year
2001 and every 2 years thereafter, the Secretary
shall use updated data on the number of children,
aged 5 to 17, inclusive, from families below the pov-
erty level for local educational agencies or counties,
published by the Department of Commerce, unless
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the Secretary and the Secretary of Commerce deter-
mine that use of the updated population data would
be inappropriate or unreliable. If the Secretary and
the Secretary of Commerce determine that some or
all of the data referred to in this paragraph are in-
appropriate or unreliable, they shall publicly disclose
their reasons. In determining the families which are
below the poverty level, the Secretary shall utilize
the criteria of poverty used by the Bureau of the
Census in compiling the most recent decennial cen-
sus, in such form as those criteria have been up-
dated by increases in the Consumer Price Index for
all urban consumers, published by the Bureau of
Labor Statistics.
‘‘(4) OTHER CHILDREN TO BE COUNTED.—For
the purposes of this section, the Secretary shall de-
termine the number of children aged 5 to 17, inclu-
sive, from families above the poverty level on the
basis of the number of such children from families
receiving an annual income, in excess of the current
criteria of poverty, from payments under a State
program funded under part A of title IV of the So-
cial Security Act; and in making such determina-
tions the Secretary shall utilize the criteria of pov-
erty used by the Bureau of the Census in compiling
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the most recent decennial census for a family of four
in such form as those criteria have been updated by
increases in the Consumer Price Index for all urban
consumers, published by the Bureau of Labor Statis-
tics. The Secretary shall determine the number of
such children and the number of children aged 5
through 17 living in institutions for neglected or de-
linquent children, or being supported in foster homes
with public funds, on the basis of the caseload data
for the month of October of the preceding fiscal year
(using, in the case of children described in the pre-
ceding sentence, the criteria of poverty and the form
of such criteria required by such sentence which
were determined for the calendar year preceding
such month of October) or, to the extent that such
data are not available to the Secretary before Janu-
ary of the calendar year in which the Secretary’s de-
termination is made, then on the basis of the most
recent reliable data available to the Secretary at the
time of such determination. The Secretary of Health
and Human Services shall collect and transmit the
information required by this subparagraph to the
Secretary not later than January 1 of each year.
For the purpose of this section, the Secretary shall
consider all children who are in correctional institu-
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tions to be living in institutions for delinquent chil-
dren.
‘‘(5) ESTIMATE.—When requested by the Sec-
retary, the Secretary of Commerce shall make a spe-
cial updated estimate of the number of children of
such ages who are from families below the poverty
level (as determined under subparagraph (A) of this
paragraph) in each school district, and the Secretary
is authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost
of making this special estimate. The Secretary of
Commerce shall give consideration to any request of
the chief executive of a State for the collection of ad-
ditional census information.
‘‘(d) STATE
MINIMUM.—Notwithstanding section
1122, the aggregate amount allotted for all local edu-
cational agencies within a State may not be less than the
lesser of—
‘‘(1) 0.25 percent of total grants under this sec-
tion; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total
amount available for such fiscal year under this
section; and
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‘‘(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national aver-
age per pupil payment made with funds avail-
able under this section for that year.’’.
SEC. 123. CONCENTRATION GRANTS.
Section 1124A (20 U.S.C. 6334 et seq.) is amended
to read as follows:
‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU-
CATIONAL AGENCIES.
‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
‘‘(1) IN
GENERAL.—(A) Except as otherwise
provided in this paragraph, each local educational
agency, in a State other than Guam, American
Samoa, the Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, which is eligible
for a grant under section 1124 for any fiscal year
is eligible for an additional grant under this section
for that fiscal year if the number of children counted
under section 1124(c) in the agency exceeds either—
‘‘(i) 6,500; or
‘‘(ii) 15 percent of the total number of
children aged 5 through 17 in the agency.
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cies under section 1124(a)(1) for the fiscal year
for which the determination is being made di-
vided by the total number of children counted
under section 1124(c) for that agency for that
fiscal year.
‘‘(3) AMOUNT.—The amount of the additional
grant for which an eligible local educational agency
or county is eligible under this section for any fiscal
year shall be an amount which bears the same ratio
to the amount available to carry out this section for
that fiscal year as the product determined under
paragraph (2) for such local educational agency for
that fiscal year bears to the sum of such products
for all local educational agencies in the United
States for that fiscal year.
‘‘(4) 
LOCAL
ALLOCATIONS.—(A) 
Grant
amounts under this section shall be determined in
accordance with section 1124(a)(2) and (3).
‘‘(B) For any fiscal year for which the Sec-
retary allocates funds under this section on the basis
of counties, a State may reserve not more than 2
percent of its allocation under this section to make
grants to local educational agencies that meet the
criteria of paragraph (1)(A)(i) or (ii) but that are in
ineligible counties that do not meet these criteria.
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‘‘(b) STATES RECEIVING MINIMUM GRANTS.—In
States that receive the minimum grant under subsection
(a)(1)(B), the State educational agency shall allocate such
funds among the local educational agencies in each State
either—
‘‘(1) in accordance with paragraphs (2) and (4)
of subsection (a); or
‘‘(2) based on their respective concentrations
and numbers of children counted under section
1124(c), except that only those local educational
agencies with concentrations or numbers of children
counted under section 1124(c) that exceed the state-
wide average percentage of such children or the
statewide average number of such children shall re-
ceive any funds on the basis of this paragraph.’’.
SEC. 124. TARGETED GRANTS.
Section 1125 (20 U.S.C 6335 et seq.) is amended to
read as follows:
‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN-
CIES.—A local educational agency in a State is eligible to
receive a targeted grant under this section for any fiscal
year if the number of children in the local educational
agency counted under subsection 1124(c), before applica-
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tion of the weighting factor described in subsection (c),
is at least 10, and if the number of children counted for
grants under section 1124 is at least 5 percent of the total
population aged 5 to 17 years, inclusive, in the local edu-
cational agency. For each fiscal year for which the Sec-
retary uses county population data to calculate grants,
funds made available as a result of applying this sub-
section shall be reallocated by the State educational agen-
cy to other eligible local educational agencies in the State
in proportion to the distribution of other funds under this
section.
‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,
THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—
‘‘(1) IN GENERAL.—The amount of the grant
that a local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be the product of—
‘‘(A) the weighted child count determined
under subsection (c); and
‘‘(B) 
the 
amount 
in 
paragraph
1124(a)(1)(B).
‘‘(2) PUERTO RICO.—For each fiscal year, the
amount of the grant for which the Commonwealth of
Puerto Rico is eligible under this section shall be
equal to the number of children counted under sub-
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section (c) for Puerto Rico, multiplied by the
amount determined in subparagraph 1124(a)(4).
‘‘(c) WEIGHTED CHILD COUNT.—
‘‘(1) WEIGHTS
FOR
ALLOCATIONS
TO
COUN-
TIES.—
‘‘(A) IN GENERAL.—For each fiscal year
for which the Secretary uses county population
data to calculate grants, the weighted child
count used to determine a county’s allocation
under this section is the larger of the two
amounts determined under clause (i) or (ii), as
follows:
‘‘(i) 
BY
PERCENTAGE
OF
CHIL-
DREN.—This amount is determined by
adding—
‘‘(I) the number of children de-
termined under section 1124(c) for
that county constituting up to 12.20
percent, inclusive, of the county’s total
population aged 5 to 17, inclusive,
multiplied by 1.0;
‘‘(II) the number of such children
constituting more than 12.20 percent,
but not more than 17.70 percent, of
such population, multiplied by 1.75;
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‘‘(III) the number of such chil-
dren constituting more than 17.70
percent, but not more than 22.80 per-
cent, of such population, multiplied by
2.5;
‘‘(IV) the number of such chil-
dren constituting more than 22.80
percent, but not more than 29.70 per-
cent, of such population, multiplied by
3.25; and
‘‘(V) the number of such children
constituting more than 29.70 percent
of such population, multiplied by 4.0.
‘‘(ii) BY
NUMBER
OF
CHILDREN.—
This amount is determined by adding—
‘‘(I) the number of children de-
termined under section 1124(c) con-
stituting up to 1,917, inclusive, of the
county’s total population aged 5 to
17, inclusive, multiplied by 1.0;
‘‘(II) the number of such children
between 1,918 and 5,938, inclusive, in
such population, multiplied by 1.5;
‘‘(III) the number of such chil-
dren between 5,939 and 20,199, inclu-
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sive, in such population, multiplied by
2.0;
‘‘(IV) the number of such chil-
dren between 20,200 and 77,999, in-
clusive, in such population, multiplied
by 2.5; and
‘‘(V) the number of such children
in excess of 77,999 in such popu-
lation, multiplied by 3.0.
‘‘(B) 
PUERTO
RICO.—Notwithstanding
subparagraph (A), the weighted child count for
Puerto Rico under this paragraph shall not be
greater than the total number of children
counted under subsection 1124(c) multiplied by
1.72.
‘‘(2) WEIGHTS
FOR
ALLOCATIONS
TO
LOCAL
EDUCATIONAL AGENCIES.—
‘‘(A) IN GENERAL.—For each fiscal year
for which the Secretary uses local educational
agency data, the weighted child count used to
determine a local educational agency’s grant
under this section is the larger of the two
amounts determined under clauses (i) and (ii),
as follows:
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‘‘(i) 
BY
PERCENTAGE
OF
CHIL-
DREN.—This amount is determined by
adding—
‘‘(I) the number of children de-
termined under section 1124(c) for
that local educational agency consti-
tuting up to 14.265 percent, inclusive,
of the agency’s total population aged
5 to 17, inclusive, multiplied by 1.0;
‘‘(II) the number of such children
constituting more than 14.265 per-
cent, but not more than 21.553 per-
cent, of such population, multiplied by
1.75;
‘‘(III) the number of such chil-
dren constituting more than 21.553
percent, but not more than 29.223
percent, of such population, multiplied
by 2.5;
‘‘(IV) the number of such chil-
dren constituting more than 29.223
percent, but not more than 36.538
percent, of such population, multiplied
by 3.25; and
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‘‘(V) the number of such children
constituting more than 36.538 percent
of such population, multiplied by 4.0.
‘‘(ii) BY
NUMBER
OF
CHILDREN.—
This amount is determined by adding—
‘‘(I) the number of children de-
termined under section 1124(c) con-
stituting up to 575, inclusive, of the
agency’s total population aged 5 to
17, inclusive, multiplied by 1.0;
‘‘(II) the number of such children
between 576 and 1,870, inclusive, in
such population, multiplied by 1.5;
‘‘(III) the number of such chil-
dren between 1,871 and 6,910, inclu-
sive, in such population, multiplied by
2.0;
‘‘(IV) the number of such chil-
dren between 6,911 and 42,000, inclu-
sive, in such population, multiplied by
2.5; and
‘‘(V) the number of such children
in excess of 42,000 in such popu-
lation, multiplied by 3.0.
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‘‘(B) 
PUERTO
RICO.—Notwithstanding
subparagraph (A), the weighted child count for
Puerto Rico under this paragraph shall not be
greater than the total number of children
counted under section 1124(c) multiplied by
1.72.
‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grants
under this section shall be calculated in accordance with
section 1124(a)(2) and (3).
‘‘(e) STATE MINIMUM.—Notwithstanding any other
provision of this section or section 1122, from the total
amount available for any fiscal year to carry out this sec-
tion, each State shall be allotted at least the lesser of—
‘‘(1) 0.25 percent of total appropriations; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total
amount available to carry out this section; and
‘‘(B) 150 percent of the national average
grant under this section per child described in
section 1124(c), without application of a
weighting factor, multiplied by the State’s total
number 
of 
children 
described 
in 
section
1124(c), without application of a weighting fac-
tor.’’.
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SEC. 125. SPECIAL ALLOCATION PROCEDURES.
Section 1126 (20 U.S.C. 6337 et seq.) is amended
to read as follows:
‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—
‘‘(1) IN
GENERAL.—If a State educational
agency determines that a local educational agency in
the State is unable or unwilling to provide for the
special educational needs of children who are living
in institutions for neglected children as described in
subparagraph (B) of section 1124(c)(1), the State
educational agency shall, if such agency assumes re-
sponsibility for the special educational needs of such
children, receive the portion of such local educational
agency’s allocation under sections 1124, 1124A, and
1125 that is attributable to such children.
‘‘(2) SPECIAL RULE.—If the State educational
agency does not assume such responsibility, any
other State or local public agency that does assume
such responsibility shall receive that portion of the
local educational agency’s allocation.
‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL
AGENCIES.—The State educational agency may allocate
the amounts of grants under sections 1124, 1124A, and
1125 among the affected local educational agencies—
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‘‘(1) if two or more local educational agencies
serve, in whole or in part, the same geographical
area;
‘‘(2) if a local educational agency provides free
public education for children who reside in the
school district of another local educational agency;
or
‘‘(3) to reflect the merger, creation, or change
of boundaries of one or more local educational agen-
cies.
‘‘(c) REALLOCATION.—If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1124, 1124A, and
1125 is more than such local agency will use, the State
educational agency shall make the excess amount available
to other local educational agencies in the State that need
additional funds in accordance with criteria established by
the State educational agency.’’.
SEC. 126. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.
Part A is amended by adding at the end the fol-
lowing:
‘‘SEC. 1128. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.
‘‘Any school that receives funds under this part shall
ensure that educational services or other benefits provided
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under this part, including materials and equipment, shall
be secular, neutral, and nonideological.’’.
PART B—EDUCATION OF MIGRATORY CHILDREN
SEC. 131. STATE ALLOCATIONS.
Section 1303 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6393) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) STATE ALLOCATIONS.—
‘‘(1) FISCAL YEAR 2000.—For fiscal year 2000,
each State (other than the Commonwealth of Puerto
Rico) is entitled to receive under this part an
amount equal to—
‘‘(A) the sum of the estimated number of
migratory children aged three through 21 who
reside in the State full time and the full-time
equivalent of the estimated number of migra-
tory children aged three through 21 who reside
in the State part time, as determined in accord-
ance with subsection (e); multiplied by
‘‘(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this paragraph shall
not be less than 32 percent, nor more than 48
percent, of the average expenditure per pupil in
the United States.
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‘‘(2) SUBSEQUENT YEARS.—
‘‘(A) BASE AMOUNT.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in subsection (b) and clause (ii), each
State is entitled to receive under this part,
for fiscal year 2001 and succeeding fiscal
years, an amount equal to—
‘‘(I) the amount that such State
received under this part for fiscal year
2000; plus
‘‘(II) the amount allocated to the
State under subparagraph (B).
‘‘(ii) NONPARTICIPATING STATES.—In
the case of a State (other than the Com-
monwealth of Puerto Rico) that did not re-
ceive any funds for fiscal year 2000 under
this part, the State shall receive, for fiscal
year 2001 and succeeding fiscal years, an
amount equal to—
‘‘(I) the amount that such State
would have received under this part
for fiscal year 2000 if its application
under section 1304 for the year had
been approved; plus
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‘‘(II) the amount allocated to the
State under subparagraph (B).
‘‘(B) 
ALLOCATION
OF
ADDITIONAL
AMOUNT.—For fiscal year 2001 and succeeding
fiscal years, the amount (if any) by which the
funds appropriated to carry out this part for
the year exceed such funds for fiscal year 2000
shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the
State receives an amount equal to—
‘‘(i) the sum of—
‘‘(I) the number of identified eli-
gible migratory children, aged 3
through 21, residing in the State dur-
ing the previous year; and
‘‘(II) the number of identified eli-
gible migratory children, aged 3
through 21, who received services
under this part in summer or interses-
sion programs provided by the State
during such year; multiplied by
‘‘(ii) 40 percent of the average per-
pupil expenditure in the State, except that
the amount determined under this clause
may not be less than 32 percent, or more
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than 48 percent, of the average expendi-
ture per-pupil in the United States.’’;
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) ALLOCATION TO PUERTO RICO.—
‘‘(1) FISCAL YEAR 2000.—For fiscal year 2000,
the grant which the Commonwealth of Puerto Rico
shall be eligible to receive under this section shall be
the amount determined by multiplying the number
of children counted under subsection (a)(1)(A) for
the Commonwealth of Puerto Rico by the product
of—
‘‘(A) the percentage which the average per
pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
‘‘(B) 32 percent of the average per pupil
expenditure in the United States.
‘‘(2) SUBSEQUENT
FISCAL
YEARS.—For each
fiscal year after fiscal year 2000, the grant which
the Commonwealth of Puerto Rico shall be eligible
to receive under this section shall be the amount de-
termined by multiplying the number of children
counted 
under 
subsection 
(a)(2)(B)(i)(I) 
and
(a)(2)(B)(i)(II) for the Commonwealth of Puerto
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Rico during the previous fiscal year, by the product
of—
‘‘(A) the percentage which the average per
pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
‘‘(B) 32 percent of the average per pupil
expenditure in the United States.
‘‘(3) MINIMUM ALLOCATION.—
‘‘(A) FISCAL YEAR 2000.—The percentage
in paragraph (1)(A) shall not be less than 75.0
percent.
‘‘(B) SUBSEQUENT
FISCAL
YEARS.—The
percentage in paragraph (2)(A) shall not be less
than—
‘‘(i) for fiscal year 2001, 77.5 percent;
‘‘(ii) for fiscal year 2002, 80.0 per-
cent;
‘‘(iii) for fiscal year 2003, 82.5 per-
cent; and
‘‘(iv) for fiscal year 2004 and suc-
ceeding fiscal years, 85.0 percent.
‘‘(4) SPECIAL
RULE.—If the application of
paragraph (3) would result in any of the 50 States
or the District of Columbia receiving less under this
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part than it recieved under this part for the pre-
ceding fiscal year, the percentage in paragraph (1)
or (2), respectively, shall be the greater of the per-
centage in paragraph (1)(A) or (2)(A) the percent-
age used for the preceding fiscal year.’’; and
(3) by striking subsections (d) and (e).
SEC. 132. STATE APPLICATIONS; SERVICES.
(a) PROGRAM INFORMATION.—Section 1304(b) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6394(b)) is amended—
(1) in paragraph (1), by striking ‘‘addressed
through’’ and all that follows through the semicolon
at the end and inserting the following:
‘‘addressed through—
‘‘(A) the full range of services that are
available for migratory children from appro-
priate local, State, and Federal educational pro-
grams;
‘‘(B) joint planning among local, State,
and Federal educational programs serving mi-
grant children, including programs under parts
A and C of title VII;
‘‘(C) the integration of services available
under this part with services provided by those
other programs; and
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‘‘(D) measurable program goals and out-
comes;’’;
(2) in paragraph (5), by striking ‘‘the require-
ments of paragraph (1); and’’ and inserting ‘‘the
numbers and needs of migratory children, the re-
quirements of subsection (d), and the availability of
funds from other Federal, State, and local pro-
grams;’’;
(3) in paragraph (6), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(7) a description of how the State will encour-
age programs and projects assisted under this part
to offer family literacy services if the program or
project serves a substantial number of migratory
children who have parents who do not have a high
school diploma or its recognized equivalent or who
have low levels of literacy.’’.
(b) ASSURANCES.—Section 1304(c) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
6394(c)) is amended—
(1) in paragraph (1), by striking ‘‘1306(b)(1);’’
and inserting ‘‘1306(a);’’;
(2) in paragraph (3)—
(A) by striking ‘‘appropriate’’;
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(B) by striking ‘‘out, to the extent fea-
sible,’’ and inserting ‘‘out’’; and
(C) by striking ‘‘1118;’’ and inserting
‘‘1118, 
unless 
extraordinary 
circumstances
make implementation consistent with such sec-
tion impractical;’’; and
(3) in paragraph (7), by striking ‘‘section
1303(e)’’ and inserting ‘‘paragraphs (1)(A) and
(2)(B)(i) of section 1303(a)’’.
SEC. 133. AUTHORIZED ACTIVITIES.
Section 1306 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6396) is amended to read
as follows:
‘‘SEC. 1306. AUTHORIZED ACTIVITIES.
‘‘(a) IN GENERAL.—
‘‘(1) FLEXIBILITY.—Each State educational
agency, through its local educational agencies, shall
have the flexibility to determine the activities to be
provided with funds made available under this part,
except that such funds shall first be used to meet
the identified needs of migratory children that result
from their migratory lifestyle, and to permit these
children to participate effectively in school.
‘‘(2) UNADDRESSED NEEDS.—Funds provided
under this part shall be used to address the needs
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of migratory children that are not addressed by serv-
ices available from other Federal or non-Federal
programs, except that migratory children who are el-
igible to receive services under part A of this title
may receive those services through funds provided
under that part, or through funds under this part
that remain after the agency addresses the needs de-
scribed in paragraph (1).
‘‘(b) CONSTRUCTION.—Nothing in this part shall be
construed to prohibit a local educational agency from serv-
ing migratory children simultaneously with students with
similar educational needs in the same educational settings,
where appropriate.
‘‘(c) SPECIAL RULE.—Notwithstanding section 1114,
a school that receives funds under this part shall continue
to address the identified needs described in subsection
(a)(1).’’.
SEC. 134. COORDINATION OF MIGRANT EDUCATION ACTIVI-
TIES.
(a) DURATION.—Section 1308(a)(2) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
6398(a)(2)) is amended by striking ‘‘subpart’’ and insert-
ing ‘‘subsection’’.
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(b) STUDENT RECORDS.—Section 1308(b) of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 6398(b)) is amended to read as follows:
‘‘(b) STUDENT RECORDS.—
‘‘(1) ASSISTANCE.—The Secretary shall assist
States in developing effective methods for the trans-
fer of student records and in determining the num-
ber of migratory children in each State. The Sec-
retary, in consultation with the States, shall deter-
mine the minimum data elements for records to be
maintained and transferred when funds under this
part are used for such purpose. The Secretary may
assist States to implement a system of electronic
records maintenance and transfer for migrant stu-
dents.
‘‘(2) NO COST FOR CERTAIN TRANSFERS.—A
State educational agency or local educational agency
receiving assistance under this part shall make stu-
dent records available to another local educational
agency that requests the records at no cost to the
requesting agency, if the request is made in order to
meet the needs of a migratory child.’’.
(c) AVAILABILITY OF FUNDS.—Section 1308(c) of
the Elementary and Secondary Education Act of 1965 (20
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U.S.C. 6398(c)) is amended by striking ‘‘$6,000,000’’ and
inserting ‘‘$10,000,000’’.
(d) INCENTIVE GRANTS.—Section 1308(d) of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 6398(d)) is amended to read as follows:
‘‘(d) INCENTIVE GRANTS.—From the amounts made
available to carry out this section for any fiscal year, the
Secretary may reserve not more than $3,000,000 to award
grants of not more than $250,000 on a competitive basis
to State educational agencies that propose a consortium
arrangement with another State or other appropriate enti-
ty that the Secretary determines, pursuant to criteria that
the Secretary shall establish, will improve the delivery of
services to migratory children whose education is inter-
rupted.’’.
PART C—NEGLECTED OR DELINQUENT YOUTH
SEC. 141. NEGLECTED OR DELINQUENT YOUTH.
The heading for part D of title I is amended to read
as follows:
‘‘PART 
D—PREVENTION 
AND 
INTERVENTION
PROGRAMS FOR NEGLECTED OR DELIN-
QUENT CHILDREN AND YOUTH’’.
SEC. 142. FINDINGS.
Section 1401(a) is amended by striking paragraphs
(6) through (9) and adding the following:
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‘‘(6) Youth returning from correctional facilities
need to be involved in programs that provide them
with high level skills and other support to help them
stay in school and complete their education.
‘‘(7) Pregnant and parenting teenagers are a
high at-risk group for dropping out of school and
should be targeted by dropout prevention pro-
grams.’’.
SEC. 143. ALLOCATION OF FUNDS.
Section 1412(b) is amended to read as follows:
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO
RICO.—
‘‘(1) IN GENERAL.—For each fiscal year, the
amount of the subgrant for which a State agency in
the Commonwealth of Puerto Rico shall be eligible
to receive under this part shall be the amount deter-
mined by multiplying the number of children count-
ed under subparagraph (a)(1)(A) for the Common-
wealth of Puerto Rico by the product of—
‘‘(A) the percentage which the average per
pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
‘‘(B) 32 percent of the average per pupil
expenditure in the United States.
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plan for meeting the educational needs of neglected
and delinquent youth, for assisting in their transi-
tion from institutions to locally operated programs,
and which is integrated with other programs under
this Act or other Acts, as appropriate, consistent
with section 14306.
‘‘(2) CONTENTS.—Each such State plan shall—
‘‘(A) describe the program goals, objec-
tives, and performance measures established by
the State that will be used to assess the effec-
tiveness of the program in improving academic
and vocational and technical skills of children in
the program;
‘‘(B) provide that, to the extent feasible,
such children will have the same opportunities
to learn as such children would have if such
children were in the schools of local educational
agencies in the State; and
‘‘(C) contain assurances that the State
educational agency will—
‘‘(i) ensure that programs assisted
under this part will be carried out in ac-
cordance with the State plan described in
this subsection;
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‘‘(ii) carry out the evaluation require-
ments of section 1416;
‘‘(iii) ensure that the State agencies
receiving subgrants under this subpart
comply with all applicable statutory and
regulatory requirements; and
‘‘(iv) provide such other information
as the Secretary may reasonably require.
‘‘(3) DURATION
OF
THE
PLAN.—Each such
State plan shall—
‘‘(A) remain in effect for the duration of
the State’s participation under this part; and
‘‘(B) be periodically reviewed and revised
by the State, as necessary, to reflect changes in
the State’s strategies and programs under this
part.
‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove each State plan that meets the requirements
of this part.
‘‘(2) PEER REVIEW.—The Secretary may review
any State plan with the assistance and advice of in-
dividuals with relevant expertise.
‘‘(c) STATE AGENCY APPLICATIONS.—Any State
agency that desires to receive funds to carry out a pro-
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gram under this part shall submit an application to the
State educational agency that—
‘‘(1) describes the procedures to be used, con-
sistent with the State plan under section 1111, to
assess the educational needs of the children to be
served;
‘‘(2) provides assurances that in making serv-
ices available to youth in adult correctional facilities,
priority will be given to such youth who are likely to
complete incarceration within a 2-year period;
‘‘(3) describes the program, including a budget
for the first year of the program, with annual up-
dates to be provided to the State educational agency;
‘‘(4) describes how the program will meet the
goals and objectives of the State plan under this
subpart;
‘‘(5) describes how the State agency will consult
with experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1416 are of high quality;
‘‘(6) describes how the agency will carry out the
evaluation requirements of section 14701 and how
the results of the most recent evaluation are used to
plan and improve the program;
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‘‘(7) includes data showing that the agency has
maintained fiscal effort required of a local edu-
cational agency, in accordance with section 14501 of
this title;
‘‘(8) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, such as programs under the Job Training
Partnership Act or title I of the Workforce Invest-
ment Act of 1998, vocational and technical edu-
cation programs, State and local dropout prevention
programs, and special education programs;
‘‘(9) describes how States will encourage correc-
tional facilities receiving funds under this subpart to
coordinate with local educational agencies or alter-
native education programs attended by incarcerated
youth prior to their incarceration to ensure that stu-
dent assessments and appropriate academic records
are shared jointly between the correctional facility
and the local educational agency or alternative edu-
cation program;
‘‘(10) describes how appropriate professional
development will be provided to teachers and other
staff;
‘‘(11) designates an individual in each affected
institution to be responsible for issues relating to the
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transition of children and youth from the institution
to locally operated programs;
‘‘(12) describes how the agency will, endeavor
to coordinate with businesses for training and men-
toring for participating youth;
‘‘(13) provides assurances that the agency will
assist in locating alternative programs through
which students can continue their education if stu-
dents are not returning to school after leaving the
correctional facility;
‘‘(14) provides assurances that the agency will
work with parents to secure parents’ assistance in
improving the educational achievement of their chil-
dren and preventing their children’s further involve-
ment in delinquent activities;
‘‘(15) provides assurances that the agency
works with special education youth in order to meet
an existing individualized education program and an
assurance that the agency will notify the youth’s
local school if such youth—
‘‘(A) is identified as in need of special edu-
cation services while the youth is in the facility;
and
‘‘(B) intends to return to the local school;
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‘‘(16) provides assurances that the agency will
work with youth who dropped out of school before
entering the facility to encourage the youth to reen-
ter school once the term of the youth has been com-
pleted or provide the youth with the skills necessary
to gain employment, continue the education of the
youth, or achieve a secondary school diploma or the
recognized equivalent if the youth does not intend to
return to school;
‘‘(17) provides assurances that teachers and
other qualified staff are also trained to work with
children with disabilities and other students with
special needs taking into consideration the unique
needs of such students;
‘‘(18) describes any additional services provided
to youth, such as career counseling, distance learn-
ing, and assistance in securing student loans and
grants; and
‘‘(19) provides assurances that the program
under this subpart will be coordinated with any pro-
grams operated under the Juvenile Justice and De-
linquency Prevention Act of 1974 or other com-
parable programs, if applicable.’’.
SEC. 145. USE OF FUNDS.
Section 1415(a) is amended—
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(1) in paragraph (1)(B), by inserting ‘‘and vo-
cational and technical training’’ after ‘‘secondary
school completion’’; and
(2) in paragraph (2)(B)—
(A) in clause (i), by inserting ‘‘and’’ after
the semicolon;
(B) in clause (ii), by striking ‘‘; and’’ and
inserting a period; and
(C) by striking clause (iii).
SEC. 146. PURPOSE.
Section 1421 is amended by striking paragraph (3)
and inserting the following:
‘‘(3) operate programs for youth returning from
correctional facilities in local schools which may also
serve youth at risk of dropping out of school.’’.
SEC. 147. TRANSITION SERVICES.
Section 1418(a) is amended by striking ‘‘10 percent’’
and inserting ‘‘15 percent’’.
SEC. 148. PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES.
Section 1422 is amended—
(1) in subsection (a), by striking ‘‘retained’’;
(2) by amending subsection (b) to read as fol-
lows:
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‘‘(b) SPECIAL RULE.—A local educational agency
which includes a correctional facility that operates a school
is not required to operate a program of support for chil-
dren returning from such school to a school not operated
by a correctional agency but served by such local edu-
cational agency if more than 30 percent of the youth at-
tending the school operated by the correctional facility will
reside outside the boundaries of the local educational
agency after leaving such facility.’’; and
(3) by adding at the end of section 1422 the
following:
‘‘(d) TRANSITIONAL
AND ACADEMIC SERVICES.—
Transitional and supportive programs operated in local
educational agencies under this subpart shall be designed
primarily to meet the transitional and academic needs of
students returning to local educational agencies or alter-
native education programs from correctional facilities.
Services to students at risk of dropping out of school shall
not have a negative impact on meeting the transitional and
academic needs of the students returning from correc-
tional facilities.’’.
SEC. 149. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Section 1423 is amended by striking paragraphs (4)
through (9) and inserting the following:
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‘‘(4) a description of the program operated by
participating schools for children returning from cor-
rectional facilities and the types of services that such
schools will provide such youth and other at-risk
youth;
‘‘(5) a description of the youth returning from
correctional facilities and, as appropriate, other at-
risk youth expected to be served by the program and
how the school will coordinate existing educational
programs to meet the unique educational needs of
such youth;
‘‘(6) as appropriate, a description of how
schools will coordinate with existing social, health
and other services to meet the needs of students re-
turning from correctional facilities, students at risk
of dropping out of school, and other participating
students, including prenatal health care and nutri-
tion services related to the health of the parent and
child, parenting and child development classes, child
care, targeted re-entry and outreach programs, re-
ferrals to community resources, and scheduling flexi-
bility;
‘‘(7) as appropriate, a description of any part-
nerships with local businesses to develop training,
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curriculum-based youth entrepreneurship education
and mentoring services for participating students;
‘‘(8) as appropriate, a description of how pro-
grams will involve parents in efforts to improve the
educational achievement of their children, prevent
the involvement of their children in delinquent activi-
ties, and encourage their children to remain in
school and complete their education;
‘‘(9) a description of how the program under
this subpart will be coordinated with other Federal,
State, and local programs, such as programs under
the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998 and vocational
and technical education programs serving this at-
risk population of youth.’’.
SEC. 150. USES OF FUNDS.
Section 1424 is amended by striking paragraphs (1)
through (3) and inserting the following:
‘‘(1) programs that serve youth returning from
correctional facilities to local schools to assist in the
transition of such youth to the school environment
and help them remain in school in order to complete
their education;
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‘‘(2) providing assistance to other youth at risk
of dropping out of school, including pregnant and
parenting teenagers;
‘‘(3) the coordination of social, health, and
other services, including day care, for participating
youth if the provision of such services will improve
the likelihood that such youth will complete their
education;
‘‘(4) special programs to meet the unique aca-
demic needs of participating youth, including voca-
tional and technical education, special education, ca-
reer counseling, curriculum-based youth entrepre-
neurship education, and assistance in securing stu-
dent loans or grants for postsecondary education;
and
‘‘(5) programs providing mentoring and peer
mediation.’’.
SEC. 151. PROGRAM REQUIREMENTS.
Section 1425 is amended—
(1) in paragraph (1), by striking ‘‘where fea-
sible, ensure educational programs’’ and inserting
the following: ‘‘to the extent practicable, ensure that
educational programs’’;
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(2) in paragraph (3), by striking ‘‘where fea-
sible,’’ and inserting the following: ‘‘to the extent
practicable,’’;
(3) in paragraph (8), by striking ‘‘where fea-
sible,’’ and inserting the following: ‘‘to the extent
practicable,’’;
(4) in paragraph (9), by inserting ‘‘and tech-
nical’’ after ‘‘vocational’’; and
(5) by amending paragraph (11) to read as fol-
lows:
‘‘(11) if appropriate, work with local businesses
to develop training, curriculum-based youth entre-
preneurship education, and mentoring programs for
youth.’’.
SEC. 152. PROGRAM EVALUATIONS.
Section 1431(a) is amended by striking ‘‘sex, and if
feasible,’’ and inserting ‘‘gender,’’.
PART D—GENERAL PROVISIONS
SEC. 161. GENERAL PROVISIONS.
Part F of title I is amended to read as follows:
‘‘PART F—GENERAL PROVISIONS
‘‘SEC. 1601. FEDERAL REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
issue such regulations as are necessary to reasonably en-
sure that there is compliance with this title.
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‘‘(b) NEGOTIATED RULEMAKING PROCESS.—
‘‘(1) IN GENERAL.—Prior to publishing in the
Federal Register proposed regulations to carry out
this title, the Secretary shall obtain the advice and
recommendations of representatives of Federal,
State, and local administrators, parents, teachers,
paraprofessionals, and members of local boards of
education involved with the implementation and op-
eration of programs under this title.
‘‘(2) 
MEETINGS
AND
ELECTRONIC
EX-
CHANGE.—Such advice and recommendation may be
obtained through such mechanisms as regional meet-
ings and electronic exchanges of information.
‘‘(3) PROPOSED REGULATIONS.—After obtain-
ing such advice and recommendations, and prior to
publishing proposed regulations, the Secretary
shall—
‘‘(A) establish a negotiated rulemaking
process on a minimum of three key issues,
including—
‘‘(i) accountability;
‘‘(ii) implementation of assessments;
and
‘‘(iii) use of paraprofessionals;
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‘‘(B) select individuals to participate in
such process from among individuals or groups
which provided advice and recommendations, in-
cluding representation from all geographic re-
gions of the United States; and
‘‘(C) prepare a draft of proposed regula-
tions that shall be provided to the individuals
selected by the Secretary under subparagraph
(B) not less than 15 days prior to the first
meeting under such process.
‘‘(4) PROCESS.—Such process—
‘‘(A) shall be conducted in a timely manner
to ensure that final regulations are issued by
the Secretary not later than 1 year after the
date of the enactment of the Student Results
Act of 1999; and
‘‘(B) shall not be subject to the Federal
Advisory Committee Act but shall otherwise fol-
low the provisions of the Negotiated Rule-
making Act of 1990 (5 U.S.C. 561 et seq.).
‘‘(5) EMERGENCY
SITUATION.—In an emer-
gency situation in which regulations to carry out this
title must be issued within a very limited time to as-
sist State and local educational agencies with the op-
eration of a program under this title, the Secretary
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may issue proposed regulations without following
such process but shall, immediately thereafter and
prior to issuing final regulations, conduct regional
meetings to review such proposed regulations.
‘‘(c) LIMITATION.—Regulations to carry out this part
may not require local programs to follow a particular in-
structional model, such as the provision of services outside
the regular classroom or school program.
‘‘SEC. 1602. AGREEMENTS AND RECORDS.
‘‘(a) AGREEMENTS.—All published proposed regula-
tions shall conform to agreements that result from nego-
tiated rulemaking described in section 1601 unless the
Secretary reopens the negotiated rulemaking process or
provides a written explanation to the participants involved
in the process explaining why the Secretary decided to de-
part from and not adhere to such agreements.
‘‘(b) RECORDS.—The Secretary shall ensure that an
accurate and reliable record of agreements reached during
the negotiations process is maintained.
‘‘SEC. 1603. STATE ADMINISTRATION.
‘‘(a) RULEMAKING.—
‘‘(1) IN GENERAL.—Each State that receives
funds under this title shall—
‘‘(A) ensure that any State rules, regula-
tions, and policies relating to this title conform
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to the purposes of this title and provide any
such proposed rules, regulations, and policies to
the committee of practitioners under subsection
(b) for their review and comment;
‘‘(B) minimize such rules, regulations, and
policies to which their local educational agencies
and schools are subject;
‘‘(C) eliminate or modify State and local
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds
under schoolwide programs; and
(D) identify any such rule, regulation, or
policy as a State-imposed requirement.
‘‘(2) 
SUPPORT
AND
FACILITATION.—State
rules, regulations, and policies under this title shall
support and facilitate local educational agency and
school-level systemic reform designed to enable all
children to meet the challenging State student per-
formance standards.
‘‘(b) COMMITTEE OF PRACTITIONERS.—
‘‘(1) IN
GENERAL.—Each State educational
agency shall create a State committee of practi-
tioners to advise the State in carrying out its re-
sponsibilities under this title.
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‘‘(2) 
MEMBERSHIP.—Each 
such 
committee
shall include—
‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies;
‘‘(B) administrators, including the admin-
istrators of programs described in other parts
of this title;
‘‘(C) teachers, including vocational edu-
cators;
‘‘(D) parents;
‘‘(E) members of local boards of education;
‘‘(F) representatives of private school chil-
dren; and
‘‘(G) pupil services personnel.
‘‘(3) DUTIES.—The duties of such committee
shall include a review, prior to publication, of any
proposed or final State rule or regulation pursuant
to this title. In an emergency situation where such
rule or regulation must be issued within a very lim-
ited time to assist local educational agencies with
the operation of the program under this title, the
State educational agency may issue a regulation
without prior consultation, but shall immediately
thereafter convene the State committee of practi-
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tioners to review the emergency regulation prior to
issuance in final form.
‘‘SEC. 1604. CONSTRUCTION.
‘‘(a) PROHIBITION OF FEDERAL MANDATES, DIREC-
TION, OR CONTROL.—Nothing in this title shall be con-
strued to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school’s specific instructional con-
tent or pupil performance standards and assessments, cur-
riculum, or program of instruction as a condition of eligi-
bility to receive funds under this title.
‘‘(b) EQUALIZED SPENDING.—Nothing in this title
shall be construed to mandate equalized spending per
pupil for a State, local educational agency, or school.
‘‘(c) BUILDING STANDARDS.—Nothing in this title
shall be construed to mandate national school building
standards for a State, local educational agency, or school.
‘‘SEC. 1605. APPLICABILITY TO HOME SCHOOLS.
‘‘Nothing in this Act shall be construed to affect
home schools.
‘‘SEC. 
1606. 
GENERAL 
PROVISION 
REGARDING 
NON-
RECIPIENT NONPUBLIC SCHOOLS.
‘‘Nothing in this Act shall be construed to permit,
allow, encourage, or authorize any Federal control over
any aspect of any private, religious, or home school,
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whether or not a home school is treated as a private school
or home school under State law. This section shall not be
construed to bar private, religious, or home schools from
participation in programs or services under this Act.
‘‘SEC. 1607. LOCAL ADMINISTRATIVE COST LIMITATION.
‘‘(a) LOCAL ADMINISTRATIVE COST LIMITATION.—
Each local educational agency may use not more than 4
percent of funds received under part A for administrative
expenses.
‘‘(b) REGULATIONS.—The Secretary, after consulting
with State and local officials and other experts in school
finance, shall develop and issue regulations that define the
term administrative cost for purposes of this title. Such
definition shall be consistent with generally accepted ac-
counting principles. The Secretary shall publish final regu-
lations on this section not later than 1 year after the date
of the enactment of the Student Results Act of 1999.
‘‘SEC. 1608. PROHIBITION ON MANDATORY NATIONAL CER-
TIFICATION 
OF 
TEACHERS 
AND 
PARA-
PROFESSIONALS.
‘‘(a) PROHIBITION
ON MANDATORY TESTING
OR
CERTIFICATION.—Notwithstanding any other provision of
law, the Secretary is prohibited from using Federal funds
to plan, develop, implement, or administer any mandatory
national teacher or paraprofessional test or certification.
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‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The
Secretary is prohibited from withholding funds from any
State or local educational agency if such State or local
educational agency fails to adopt a specific method of
teacher or paraprofessional certification.
‘‘SEC. 1609. GAO STUDIES.
‘‘(a) STUDY ON PARAPROFESSIONALS.—The General
Accounting Office shall conduct a study of paraprofes-
sionals under part A of title I.
‘‘(b) STUDY
ON PORTABILITY.—The General Ac-
counting Office shall conduct a study regarding how funds
made available under this title could follow a child from
school to school.
‘‘(c) STUDY
ON ELECTRONIC TRANSFER
OF MI-
GRANT STUDENT RECORDS.—The General Accounting
Office shall conduct a study on the feasibility of electroni-
cally transferring and maintaining migrant student
records.
‘‘(d) EVALUATION BY GENERAL ACCOUNTING OF-
FICE.—Not later than October 1, 2001, the Comptroller
General shall conduct a comprehensive analysis and eval-
uation regarding the impact on this title of individual
waivers for schools, local educational agency waivers, and
statewide waivers granted pursuant to the Education
Flexibility Partnership Act of 1999 (20 U.S.C. 589a et
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seq.). The Comptroller General shall submit a report to
the Committee on Education and the Workforce of the
House of Representatives. In conducting such analysis and
evaluation, the Comptroller General shall consider the fol-
lowing factors:
‘‘(1) CONSISTENCY.—The extent to which the
State’s educational flexibility plan is consistent with
ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children served under this title to
reach such standards.
‘‘(2) STATE WAIVERS.—Evaluate the effect that
waivers of State law have on addressing the needs
and the performance of students in schools subject
to this title.
‘‘(3) ALLOCATION OF FUNDS.—The extent to
which waivers have affected the allocation of funds
to schools, including schools with the highest con-
centrations of poverty, and schools with the highest
educational needs, that are eligible to receive funds
under this title.
‘‘SEC. 1610. DEFINITIONS.
‘‘For purposes of this title—
‘‘(1) The term ‘Secretary’ means the Secretary
of Education.
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‘‘(2) FULLY
QUALIFIED.—The term ‘fully
qualified’—
‘‘(A) when used with respect to a public el-
ementary or secondary school teacher (other
than a teacher teaching in a public charter
school), means that the teacher has obtained
State certification as a teacher (including cer-
tification obtained through alternative routes to
certification) or passed the State teacher licens-
ing exam and holds a license to teach in such
State; and
‘‘(B) when used with respect to —
‘‘(i) an elementary school teacher,
means that the teacher holds a bachelor’s
degree and demonstrates knowledge and
teaching skills in reading, writing, mathe-
matics, science, and other areas of the ele-
mentary school curriculum; or
‘‘(ii) a middle or secondary school
teacher, means that the teacher holds a
bachelor’s degree and demonstrates a high
level of competency in all subject areas in
which he or she teaches through—
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‘‘(I) a high level of performance
on a rigorous State or local academic
subject areas test; or
‘‘(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
‘‘(3) The term ‘scientifically-based research’—
‘‘(A) means the application of rigorous,
systematic, and objective procedures; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or ex-
periment;
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
and
‘‘(iv) has been accepted by a peer-re-
viewed journal or approved by a panel of
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independent experts through a comparably
rigorous, objective, and scientific review.
‘‘SEC. 1611. PAPERWORK REDUCTION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) instruction and other classroom activities
provide the greatest opportunity for students, espe-
cially at-risk and disadvantaged students, to attain
high standards and achieve academic success;
‘‘(2) one of the greatest obstacles to estab-
lishing an effective, classroom-centered education
system is the cost of paperwork compliance;
‘‘(3) paperwork places a burden on teachers
and administrators who must complete Federal and
State forms to apply for Federal funds and absorbs
time and money which otherwise would be spent on
students;
‘‘(4) the Education at a Crossroads Report re-
leased in 1998 by the Education Subcommittee on
Oversight and Investigations states that require-
ments by the Department of Education result in
more than 48.6 million hours of paperwork per year;
and
‘‘(5) paperwork distracts from the mission of
schools, encumbers teachers and administrators with
nonacademic responsibilities, and competes with
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teaching and classroom activities which promote
learning and achievement.
‘‘(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that Federal and State educational agencies
should reduce the paperwork requirements placed on
schools, teachers, principals, and other administrators.’’.
PART E—COMPREHENSIVE SCHOOL REFORM
SEC. 171. COMPREHENSIVE SCHOOL REFORM.
Title I is amended by adding at the end the following:
‘‘PART G—COMPREHENSIVE SCHOOL REFORM
‘‘SEC. 1701. COMPREHENSIVE SCHOOL REFORM.
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—Congress finds the following:
‘‘(A) A number of schools across the coun-
try have shown impressive gains in student per-
formance through the use of comprehensive
models for schoolwide change that incorporate
virtually all aspects of school operations.
‘‘(B) No single comprehensive school re-
form model may be suitable for every school,
however, schools should be encouraged to exam-
ine successful, externally developed comprehen-
sive school reform approaches as they under-
take comprehensive school reform.
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‘‘(C) Comprehensive school reform is an
important means by which children are assisted
in meeting challenging State student perform-
ance standards.
‘‘(2) PURPOSE.—The purpose of this section is
to provide financial incentives for schools to develop
comprehensive school reforms, based upon scientif-
ically-based research and effective practices that in-
clude an emphasis on basic academics and parental
involvement so that all children can meet challenging
State content and performance standards.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to provide grants to State educational agencies to
provide subgrants to local educational agencies to
carry out the purpose described in subsection (a)(2).
‘‘(2) ALLOCATION.—
‘‘(A) RESERVATION.—Of the amount ap-
propriated under this section, the Secretary
may reserve—
‘‘(i) not more than 1 percent for
schools supported by the Bureau of Indian
Affairs and in the United States Virgin Is-
lands, Guam, American Samoa, and the
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Commonwealth of the Northern Mariana
Islands; and
‘‘(ii) not more than 1 percent to con-
duct national evaluation activities de-
scribed under subsection (e).
‘‘(B) IN
GENERAL.—Of the amount of
funds remaining after the reservation under
subparagraph (A), the Secretary shall allocate
to each State for a fiscal year, an amount that
bears the same ratio to the amount appro-
priated for that fiscal year as the amount made
available under section 1124 to the State for
the preceding fiscal year bears to the total
amount allocated under section 1124 to all
States for that year.
‘‘(C) REALLOCATION.—If a State does not
apply for funds under this section, the Sec-
retary shall reallocate such funds to other
States that do apply in proportion to the
amount allocated to such States under subpara-
graph (B).
‘‘(c) STATE AWARDS.—
‘‘(1) STATE APPLICATION.—
‘‘(A) IN
GENERAL.—Each State edu-
cational agency that desires to receive a grant
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under this section shall submit an application to
the Secretary at such time, in such manner and
containing such other information as the Sec-
retary may reasonably require.
‘‘(B) CONTENTS.—Each State application
shall also describe—
‘‘(i) the process and selection criteria
by which the State educational agency,
using expert review, will select local edu-
cational agencies to receive subgrants
under this section;
‘‘(ii) how the agency will ensure that
only comprehensive school reforms that are
based on scientifically-based research re-
ceive funds under this section;
‘‘(iii) how the agency will disseminate
materials regarding information on com-
prehensive school reforms that are based
on scientifically-based research;
‘‘(iv) how the agency will evaluate the
implementation of such reforms and meas-
ure the extent to which the reforms re-
sulted in increased student academic per-
formance; and
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‘‘(v) how the agency will provide, upon
request, technical assistance to the local
educational agency in evaluating, devel-
oping, and implementing comprehensive
school reform.
‘‘(2) USES OF FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (E), a State educational agency
that receives an award under this section shall
use such funds to provide competitive grants to
local educational agencies receiving funds under
part A.
‘‘(B) GRANT REQUIREMENTS.—A grant to
a local educational agency shall be—
‘‘(i) of sufficient size and scope to
support the initial costs for the particular
comprehensive school reform plan selected
or designed by each school identified in the
application of the local educational agency;
‘‘(ii) in an amount not less than
$50,000 to each participating school; and
‘‘(iii) renewable for two additional 1-
year periods after the initial 1-year grant
is made if schools are making substantial
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progress in the implementation of their re-
forms.
‘‘(C) PRIORITY.—The State, in awarding
grants under this paragraph, shall give priority
to local educational agencies that—
‘‘(i) plan to use the funds in schools
identified as being in need of improvement
or corrective action under section 1116(c);
and
‘‘(ii) demonstrate a commitment to
assist schools with budget allocation, pro-
fessional development, and other strategies
necessary to ensure the comprehensive
school reforms are properly implemented
and are sustained in the future.
‘‘(D) GRANT CONSIDERATION.—In making
subgrant awards under this part, the State edu-
cational agency shall take into account the equi-
table distribution of awards to different geo-
graphic regions within the State, including
urban and rural areas, and to schools serving
elementary and secondary students.
‘‘(E) ADMINISTRATIVE COSTS.—A State
educational agency that receives a grant award
under this section may reserve not more than 5
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percent of such award for administrative, eval-
uation, and technical assistance expenses.
‘‘(F) SUPPLEMENT.—Funds made avail-
able under this section shall be used to supple-
ment, not supplant, any other Federal, State,
or local funds that would otherwise be available
to carry out this section.
‘‘(3) 
REPORTING.—Each 
State 
educational
agency that receives an award under this section
shall provide to the Secretary such information as
the Secretary may require, including the names of
local educational agencies and schools selected to re-
ceive subgrant awards under this section, the
amount of such award, and a description of the com-
prehensive school reform model selected and in use.
‘‘(d) LOCAL AWARDS.—
‘‘(1) IN
GENERAL.—Each local educational
agency that applies for a subgrant under this section
shall—
‘‘(A) identify which schools eligible for
funds under part A plan to implement a com-
prehensive school reform program, including the
projected costs of such a program;
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‘‘(B) describe the scientifically-based com-
prehensive school reforms that such schools will
implement;
‘‘(C) describe how the agency will provide
technical assistance and support for the effec-
tive implementation of the scientifically-based
school reforms selected by such schools; and
‘‘(D) describe how the agency will evaluate
the implementation of such reforms and meas-
ure the results achieved in improving student
academic performance.
‘‘(2) COMPONENTS OF THE PROGRAM.—A local
educational agency that receives a subgrant award
under this section shall provide such funds to
schools that implement a comprehensive school re-
form program that—
‘‘(A) employs innovative strategies and
proven methods for student learning, teaching,
and school management that are based on sci-
entifically-based research and effective practices
and have been replicated successfully in schools
with diverse characteristics;
‘‘(B) integrates a comprehensive design for
effective school functioning, including instruc-
tion, assessment, classroom management, pro-
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fessional development, parental involvement,
and school management, that aligns the school’s
curriculum, technology, professional develop-
ment into a comprehensive reform plan for
schoolwide change designed to enable all stu-
dents to meet challenging State content and
challenging student performance standards and
addresses needs identified through a school
needs assessment;
‘‘(C) provides high-quality and continuous
teacher and staff professional development;
‘‘(D) includes measurable goals for student
performance and benchmarks for meeting such
goals;
‘‘(E) is supported by teachers, principals,
administrators, and other professional staff;
‘‘(F) provides for the meaningful involve-
ment of parents and the local community in
planning and implementing school improvement
activities;
‘‘(G) uses high quality external technical
support and assistance from an entity, which
may be an institution of higher education, with
experience and expertise in schoolwide reform
and improvement;
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‘‘(H) includes a plan for the evaluation of
the implementation of school reforms and the
student results achieved; and
‘‘(I) identifies how other resources, includ-
ing Federal, State, local, and private resources,
available to the school will be used to coordinate
services to support and sustain the school re-
form effort.
‘‘(3) SPECIAL
RULE.—A school that receives
funds to develop a comprehensive school reform pro-
gram shall not be limited to using the approaches
identified or developed by the Department of Edu-
cation, but may develop its own comprehensive
school reform programs for schoolwide change that
comply with paragraph (2).
‘‘(e) EVALUATION AND REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall develop
a plan for a national evaluation of the programs de-
veloped pursuant to this section.
‘‘(2) EVALUATION.—This national evaluation
shall evaluate the implementation and results
achieved by schools after 3 years of implementing
comprehensive school reforms, and assess the effec-
tiveness of comprehensive school reforms in schools
with diverse characteristics.
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‘‘(3) REPORTS.—Prior to the completion of a
national evaluation, the Secretary shall submit an
interim report outlining first year implementation
activities to the Committees on Education and the
Workforce and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of
the Senate.
‘‘(f) DEFINITION.—The term ‘scientifically-based
research’—
‘‘(1) means the application of rigorous, system-
atic, and objective procedures in the development of
comprehensive school reform models; and
‘‘(2) shall include research that—
‘‘(A) employs systematic, empirical meth-
ods that draw on observation or experiment;
‘‘(B) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
‘‘(C) relies on measurements or observa-
tional methods that provide valid data across
evaluators and observers and across multiple
measurements and observations; and
‘‘(D) has been accepted by a peer-reviewed
journal or approved by a panel of independent
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experts through a comparably rigorous, objec-
tive, and scientific review.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to carry out this section $175,000,000 for
fiscal year 2000 and such sums as may be necessary for
each of the four succeeding fiscal years.’’.
TITLE II—MAGNET SCHOOLS AS-
SISTANCE 
AND 
PUBLIC
SCHOOL CHOICE
SEC. 201. MAGNET SCHOOLS ASSISTANCE.
Title V of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7201 et seq.) is amended to read
a follows:
‘‘TITLE V—MAGNET SCHOOLS AS-
SISTANCE 
AND 
PUBLIC
SCHOOL CHOICE
‘‘PART A—MAGNET SCHOOL ASSISTANCE
‘‘SEC. 5101. FINDINGS.
‘‘The Congress finds that—
‘‘(1) magnet schools are a significant part of
our Nation’s effort to achieve voluntary desegrega-
tion in our Nation’s schools;
‘‘(2) the use of magnet schools has increased
dramatically since the date of the enactment of the
Magnet Schools Assistance program, with approxi-
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mately 2,000,000 students nationwide now attending
such schools, of which more than 65 percent of the
students are nonwhite;
‘‘(3) magnet schools offer a wide range of dis-
tinctive programs that have served as models for
school improvement efforts;
‘‘(4) in administering the Magnet Schools As-
sistance program, the Federal Government has
learned that—
‘‘(A) where magnet programs are imple-
mented for only a portion of a school’s student
body, special efforts must be made to discour-
age the isolation of—
‘‘(i) magnet school students from
other students in the school; and
‘‘(ii) students by racial characteristics;
‘‘(B) local educational agencies can maxi-
mize their effectiveness in achieving the pur-
poses of the Magnet Schools Assistance pro-
gram if such agencies have more flexibility in
the administration of such program in order to
serve students attending a school who are not
enrolled in the magnet school program;
‘‘(C) local educational agencies must be
creative in designing magnet schools for stu-
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dents at all academic levels, so that school dis-
tricts do not select only the highest achieving
students to attend the magnet schools;
‘‘(D) consistent with desegregation guide-
lines, local educational agencies must seek to
enable participation in magnet school programs
by students who reside in the neighborhoods
where the programs operate; and
‘‘(E) in order to ensure that magnet
schools are sustained after Federal funding
ends, the Federal Government must assist
school districts to improve their capacity to con-
tinue to operate magnet schools at a high level
of performance; and
‘‘(5) it is in the best interest of the Federal
Government to—
‘‘(A) continue the Federal Government’s
support of school districts implementing court-
ordered desegregation plans and school districts
voluntarily seeking to foster meaningful inter-
action among students of different racial and
ethnic backgrounds, beginning at the earliest
stage of such students’ education;
‘‘(B) ensure that all students have equi-
table access to quality education that will pre-
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pare such students to function well in a techno-
logically oriented society and a highly competi-
tive economy;
‘‘(C) maximize the ability of local edu-
cational agencies to plan, develop, implement
and continue effective and innovative magnet
schools that contribute to State and local sys-
temic reform; and
‘‘(D) ensure that grant recipients provide
adequate data which demonstrates an ability to
improve student achievement.
‘‘SEC. 5102. STATEMENT OF PURPOSE.
‘‘The purpose of this part is to assist in the desegre-
gation of schools served by local educational agencies by
providing financial assistance to eligible local educational
agencies for—
‘‘(1) the elimination, reduction, or prevention of
minority group isolation in elementary and sec-
ondary schools with substantial proportions of mi-
nority students;
‘‘(2) the development and implementation of
magnet school projects that will assist local edu-
cational agencies in achieving systemic reforms and
providing all students the opportunity to meet chal-
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lenging State content standards and challenging
State student performance standards;
‘‘(3) the development and design of innovative
educational methods and practices that promote di-
versity and increase choices in public elementary and
secondary schools and educational programs; and
‘‘(4) courses of instruction within magnet
schools that will substantially strengthen the knowl-
edge of academic subjects and the grasp of tangible
and marketable vocational and technical skills of
students attending such schools.
‘‘SEC. 5103. PROGRAM AUTHORIZED.
‘‘The Secretary, in accordance with this part, is au-
thorized to make grants to eligible local educational agen-
cies, and consortia of such agencies where appropriate, to
carry out the purpose of this part for magnet schools that
are—
‘‘(1) part of an approved desegregation plan;
and
‘‘(2) designed to bring students from different
social, economic, ethnic, and racial backgrounds to-
gether.
‘‘SEC. 5104. DEFINITION.
‘‘For the purpose of this part, the term ‘magnet
school’ means a public elementary or secondary school or
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public elementary or secondary education center that of-
fers a special curriculum capable of attracting substantial
numbers of students of different racial backgrounds.
‘‘SEC. 5105. ELIGIBILITY.
‘‘A local educational agency, or consortium of such
agencies where appropriate, is eligible to receive assistance
under this part to carry out the purposes of this part if
such agency or consortium—
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United
States, or a court of any State, or any other State
agency or official of competent jurisdiction, that re-
quires the desegregation of minority-group-seg-
regated children or faculty in the elementary and
secondary schools of such agency; or
‘‘(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies under this part, adopt
and implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minor-
ity-group-segregated children or faculty in such
schools.
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‘‘SEC. 5106. APPLICATIONS AND REQUIREMENTS.
‘‘(a) APPLICATIONS.—An eligible local educational
agency or consortium of such agencies desiring to receive
assistance under this part shall submit an application to
the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary
may reasonably require.
‘‘(b) INFORMATION AND ASSURANCES.—Each such
application shall include—
‘‘(1) a description of—
‘‘(A) how assistance made available under
this part will be used to promote desegregation,
including how the proposed magnet school
project will increase interaction among students
of different social, economic, ethnic, and racial
backgrounds;
‘‘(B) the manner and extent to which the
magnet school project will increase student
achievement in the instructional area or areas
offered by the school;
‘‘(C) how an applicant will continue the
magnet school project after assistance under
this part is no longer available, including, if ap-
plicable, an explanation of why magnet schools
established or supported by the applicant with
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funds under this part cannot be continued with-
out the use of funds under this part;
‘‘(D) how funds under this part will be
used to improve student academic performance
for all students attending the magnet schools;
and
‘‘(E) the criteria to be used in selecting
students to attend the proposed magnet school
projects; and
‘‘(2) assurances that the applicant will—
‘‘(A) use funds under this part for the pur-
poses specified in section 5102;
‘‘(B) employ fully qualified teachers (as de-
fined in section 1119) in the courses of instruc-
tion assisted under this part;
‘‘(C) not engage in discrimination based on
race, religion, color, national origin, sex, or dis-
ability in—
‘‘(i) the hiring, promotion, or assign-
ment of employees of the agency or other
personnel for whom the agency has any ad-
ministrative responsibility;
‘‘(ii) the assignment of students to
schools, or to courses of instruction within
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the school, of such agency, except to carry
out the approved plan; and
‘‘(iii) designing or operating extra-
curricular activities for students;
‘‘(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school
projects equitable consideration for placement
in those projects.
‘‘SEC. 5107. PRIORITY.
‘‘In approving applications under this part, the Sec-
retary shall give priority to applicants that—
‘‘(1) demonstrate the greatest need for assist-
ance, based on the expense or difficulty of effectively
carrying out an approved desegregation plan and the
projects for which assistance is sought;
‘‘(2) propose to carry out new magnet school
projects, or significantly revise existing magnet
school projects; and
‘‘(3) propose to select students to attend mag-
net school projects by methods such as lottery, rath-
er than through academic examination.
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‘‘SEC. 5108. USE OF FUNDS.
‘‘(a) IN GENERAL.—Grant funds made available
under this part may be used by an eligible local edu-
cational agency or consortium of such agencies—
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, con-
tinuation, or enhancement of academic programs
and services offered at magnet schools;
‘‘(2) for the acquisition of books, materials, and
equipment, including computers and the mainte-
nance and operation thereof, necessary for the con-
duct of programs in magnet schools;
‘‘(3) for the payment, or subsidization of the
compensation, of elementary and secondary school
teachers who are fully qualified (as defined in sec-
tion 1119), and instructional staff where applicable,
who are necessary for the conduct of programs in
magnet schools;
‘‘(4) with respect to a magnet school program
offered to less than the entire student population of
a school, for instructional activities that—
‘‘(A) are designed to make available the
special curriculum that is offered by the magnet
school project to students who are enrolled in
the school but who are not enrolled in the mag-
net school program; and
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‘‘(B) further the purposes of this part; and
‘‘(5) for activities, which may include profes-
sional development, that will build the recipient’s ca-
pacity to operate magnet school programs once the
grant period has ended.
‘‘(b) SPECIAL RULE.—Grant funds under this part
may be used in accordance with paragraphs (2) and (3)
of subsection (a) only if the activities described in such
paragraphs are directly related to improving the students’
academic performance based on the State’s challenging
content standards and challenging student performance
standards or directly related to improving the students’
reading skills or knowledge of mathematics, science, his-
tory, geography, English, foreign languages, art, or music,
or to improving vocational and technical skills.
‘‘SEC. 5109. PROHIBITIONS.
‘‘(a) TRANSPORTATION.—Grants under this part may
not be used for transportation or any activity that does
not augment academic improvement.
‘‘(b) PLANNING.—A local educational agency shall
not expend funds under this part after the third year that
such agency receives funds under this part for such
project.
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‘‘SEC. 5110. LIMITATIONS.
‘‘(a) DURATION OF AWARDS.—A grant under this
part shall be awarded for a period that shall not exceed
three fiscal years.
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local
educational agency may expend for planning not more
than 50 percent of the funds received under this part for
the first year of the project, 15 percent of such funds for
the second such year, and 10 percent of such funds for
the third such year.
‘‘(c) AMOUNT.—No local educational agency or con-
sortium awarded a grant under this part shall receive
more than $4,000,000 under this part in any one fiscal
year.
‘‘(d) TIMING.—To the extent practicable, the Sec-
retary shall award grants for any fiscal year under this
part not later than July 1 of the applicable fiscal year.
‘‘SEC. 5111. EVALUATIONS.
‘‘(a) RESERVATION.—The Secretary may reserve not
more than 2 percent of the funds appropriated under sec-
tion 5112(a) for any fiscal year to carry out evaluations,
technical assistance, and dissemination projects with re-
spect to magnet school projects and programs assisted
under this part.
‘‘(b) CONTENTS.—Each evaluation described in sub-
section (a), at a minimum, shall address—
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‘‘(1) how and the extent to which magnet school
programs lead to educational quality and improve-
ment;
‘‘(2) the extent to which magnet school pro-
grams enhance student access to quality education;
‘‘(3) the extent to which magnet school pro-
grams lead to the elimination, reduction, or preven-
tion of minority group isolation in elementary and
secondary schools with substantial proportions of mi-
nority students; and
‘‘(4) the extent to which magnet school pro-
grams differ from other school programs in terms of
the organizational characteristics and resource allo-
cations of such magnet school programs.
‘‘SEC. 5112. AUTHORIZATION OF APPROPRIATIONS; RES-
ERVATION.
‘‘(a) AUTHORIZATION.—For the purpose of carrying
out this part, there are authorized to be appropriated
$120,000,000 for fiscal year 2000 and such sums as may
be necessary for each of fiscal years 2001 through 2004.
‘‘(b) AVAILABILITY
OF FUNDS
FOR GRANTS
TO
AGENCIES NOT PREVIOUSLY ASSISTED.—In any fiscal
year for which the amount appropriated pursuant to sub-
section (a) exceeds $75,000,000, the Secretary shall give
priority to using such amounts in excess of $75,000,000
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to award grants to local educational agencies or consortia
of such agencies that did not receive a grant under this
part in the preceding fiscal year.
‘‘PART B—PUBLIC SCHOOL CHOICE
‘‘SEC. 5201. SHORT TITLE.
‘‘This part may be cited as the ‘Public School Choice
Act of 1999’.
‘‘SEC. 5202. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) a wide variety of educational opportunities,
options, and choices in the public school system is
needed to help all children achieve to high stand-
ards;
‘‘(2) high-quality public school choice programs
that are genuinely open and accessible to all stu-
dents (including poor, minority, limited English pro-
ficient, and disabled students) broaden educational
opportunities and promote excellence in education;
‘‘(3) current research shows that—
‘‘(A) students learn in different ways, ben-
efiting from different teaching methods and in-
structional settings; and
‘‘(B) family involvement in a child’s edu-
cation is a key factor supporting student
achievement;
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‘‘(4) public school systems have begun to de-
velop a variety of innovative programs that offer ex-
panded choices to parents and students; and
‘‘(5) the Federal Government should support
and expand efforts to give students and parents the
high-quality public school choices they seek, to help
eliminate barriers to effective public school choice,
and to disseminate the lessons learned from high-
quality choice programs so that all public schools
can benefit from these efforts.
‘‘(b) PURPOSE.—It is the purpose of this part to
identify and support innovative approaches to high-quality
public school choice by providing financial assistance for
the demonstration, development, implementation, and
evaluation of, and dissemination of information about,
public school choice projects that stimulate educational in-
novation for all public schools and contribute to standards-
based school reform efforts.
‘‘SEC. 5203. GRANTS.
‘‘(a) IN GENERAL.—From funds appropriated under
section 5206(a) and not reserved under section 5206(b),
the Secretary is authorized to make grants to State and
local educational agencies to support programs that pro-
mote innovative approaches to high-quality public school
choice.
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‘‘(b) DURATION.—Grants under this part shall not
exceed 3 years.
‘‘SEC. 5204. USES OF FUNDS.
‘‘(a) IN GENERAL—
‘‘(1) PUBLIC
SCHOOL
CHOICE.—Funds under
this part may be used to demonstrate, develop, im-
plement, evaluate, and disseminate information on
innovative approaches to promote public school
choice, including the design and development of new
public school choice options, the development of new
strategies for overcoming barriers to effective public
school choice, the design and development of new
strategies for overcoming transportation barriers,
and the design and development of public school
choice systems that promote high standards for all
students and the continuous improvement of all pub-
lic schools.
‘‘(2) 
INNOVATIVE
APPROACHES.—Such 
ap-
proaches at the school, local educational agency, and
State levels may include—
‘‘(A) inter-district or intra-district ap-
proaches to public school choice, including ap-
proaches that increase equal access to high-
quality educational programs and diversity in
schools;
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‘‘(B) public elementary and secondary pro-
grams that involve partnerships with institu-
tions of higher education and that are located
on the campuses of those institutions;
‘‘(C) programs that allow students in pub-
lic secondary schools to enroll in postsecondary
courses and to receive both secondary and post-
secondary academic credit;
‘‘(D) worksite satellite schools, in which
State or local educational agencies form part-
nerships with public or private employers, to
create public schools at parents’ places of em-
ployment; and
‘‘(E) public school choice programs that
augment the existing transportation services
necessary to meet the needs of children partici-
pating in such programs.
‘‘(b) LIMITATIONS.—Funds under this part—
‘‘(1) shall supplement, and not supplant, non-
Federal funds expended for existing programs; and
‘‘(2) may not be used to fund projects that are
specifically authorized under part A of title V, or
part C of title X.
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‘‘SEC. 5205. GRANT APPLICATION; PRIORITIES.
‘‘(a) APPLICATION REQUIRED.—A State or local edu-
cational agency desiring to receive a grant under this part
shall submit an application to the Secretary.
‘‘(b) APPLICATION
CONTENTS.—Each application
shall include—
‘‘(1) a description of the program for which
funds are sought and the goals for such program;
‘‘(2) a description of how the program funded
under this part will be coordinated with, and will
complement and enhance, programs under other re-
lated Federal and non-Federal projects;
‘‘(3) if the program includes partners, the name
of each partner and a description of the partner’s
responsibilities;
‘‘(4) a description of the policies and procedures
the applicant will use to ensure—
‘‘(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.—
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‘‘(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 its project in partnership with
one or more public and private agencies, organiza-
tions, and institutions, including institutions of high-
er education and public and private employers.
‘‘SEC. 5206. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—For the purpose of carrying out
this part, there are authorized to be appropriated
$20,000,000 for fiscal year 2000 and such sums as may
be necessary for each of the four succeeding fiscal years.
‘‘(b) RESERVATION FOR EVALUATION, TECHNICAL
ASSISTANCE, AND DISSEMINATION.—From the amount
appropriated under subsection (a) 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 one or more
evaluations of programs assisted under this part, which
shall, at a minimum, address—
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‘‘(1) how, and the extent to which, the pro-
grams supported with funds under this part promote
educational equity and excellence; and
‘‘(2) the extent to which public schools of choice
supported with funds under this part are—
‘‘(A) held accountable to the public;
‘‘(B) effective in improving public edu-
cation; and
‘‘(C) open and accessible to all students.
‘‘SEC. 5207. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) 
HIGH-POVERTY
LOCAL
EDUCATIONAL
AGENCY.—The term ‘high-poverty local educational
agency’ means a local educational agency in which—
‘‘(A) the percentage of children, ages 5 to
17, from families with incomes below the pov-
erty line (as defined by the Office of Manage-
ment and Budget and revised annually in ac-
cordance 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 satisfac-
tory data are available is 20 percent or greater;
or
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‘‘(B) the number of such children exceeds
10,000.
‘‘(2) OTHER TERMS.—Other terms used in this
part shall have the meaning given such terms in sec-
tion 14101 (20 U.S.C. 8801).
‘‘PART C—WOMEN’S EDUCATIONAL EQUITY
‘‘SEC. 5301. SHORT TITLE; FINDINGS.
‘‘(a) SHORT TITLE.—This part may be cited as the
‘Women’s Educational Equity Act of 1994’.
‘‘(b) FINDINGS.—The Congress finds that—
‘‘(1) since the enactment of title IX of the Edu-
cation Amendments of 1972, women and girls have
made strides in educational achievement and in their
ability to avail themselves of educational opportuni-
ties;
‘‘(2) because of funding provided under the
Women’s Educational Equity Act, more curricula,
training, and other educational materials concerning
educational equity for women and girls are available
for national dissemination;
‘‘(3) teaching and learning practices in the
United States are frequently inequitable as such
practices relate to women and girls, for example—
‘‘(A) sexual harassment, particularly that
experienced by girls, undermines the ability of
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schools to provide a safe and equitable learning
or workplace environment;
‘‘(B) classroom textbooks and other edu-
cational materials do not sufficiently reflect the
experiences, 
achievements, 
or 
concerns 
of
women and, in most cases, are not written by
women or persons of color;
‘‘(C) girls do not take as many mathe-
matics and science courses as boys, girls lose
confidence in their mathematics and science
ability as girls move through adolescence, and
there are few women role models in the
sciences;
‘‘(D) the low number of girls taking higher
level computer science courses leading to tech-
nical careers, and the low degree of participa-
tion of women in the development of education
technology, will perpetuate a cycle of disadvan-
tage for girls in elementary schools and sec-
ondary schools as technology is increasingly in-
tegrated into the classroom; and
‘‘(E) pregnant and parenting teenagers are
at high risk for dropping out of school and ex-
isting dropout prevention programs do not ade-
quately address the needs of such teenagers;
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‘‘(4) efforts to improve the quality of public
education also must include efforts to ensure equal
access to quality education programs for all women
and girls;
‘‘(5) Federal support should address not only
research and development of innovative model cur-
ricula and teaching and learning strategies to pro-
mote gender equity, but should also assist schools
and local communities implement gender equitable
practices;
‘‘(6) Federal assistance for gender equity must
be tied to systemic reform, involve collaborative ef-
forts to implement effective gender practices at the
local level, and encourage parental participation; and
‘‘(7) excellence in education, high educational
achievements and standards, and the full participa-
tion of women and girls in American society, cannot
be achieved without educational equity for women
and girls.
‘‘SEC. 5302. STATEMENT OF PURPOSES.
‘‘It is the purpose of this part—
‘‘(1) to promote gender equity in education in
the United States;
‘‘(2) to provide financial assistance to enable
educational agencies and institutions to meet the re-
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quirements of title IX of the Educational Amend-
ments of 1972; and
‘‘(3) to promote equity in education for women
and girls who suffer from multiple forms of discrimi-
nation based on sex, race, ethnic origin, limited-
English proficiency, disability, or age.
‘‘SEC. 5303. PROGRAMS AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized—
‘‘(1) to promote, coordinate, and evaluate gen-
der equity policies, programs, activities and initia-
tives in all Federal education programs and offices;
‘‘(2) to develop, maintain, and disseminate ma-
terials, resources, analyses, and research relating to
education equity for women and girls;
‘‘(3) to provide information and technical as-
sistance to assure the effective implementation of
gender equity programs;
‘‘(4) to coordinate gender equity programs and
activities with other Federal agencies with jurisdic-
tion over education and related programs;
‘‘(5) to assist the Assistant Secretary of the Of-
fice of Educational Research and Improvement in
identifying research priorities related to education
equity for women and girls; and
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‘‘(6) to perform any other activities consistent
with achieving the purposes of this part.
‘‘(b) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to make grants to, and enter into contracts and co-
operative agreements with, public agencies, private
nonprofit agencies, organizations, institutions, stu-
dent groups, community groups, and individuals, for
a period not to exceed four years, to—
‘‘(A) provide grants to develop model eq-
uity programs;
‘‘(B) provide funds for the implementation
of equity programs in schools throughout the
Nation; and
‘‘(C) provide grants to local educational
agencies in communities with an historic tie to
a major leader in the women’s sufferage move-
ment to educate its students about the signifi-
cance of the community’s significant former
resident.
‘‘(2) SUPPORT AND TECHNICAL ASSISTANCE.—
To achieve the purposes of this part, the Secretary
is authorized to provide support and technical
assistance—
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‘‘(A) to implement effective gender-equity
policies and programs at all educational levels,
including—
‘‘(i) assisting educational agencies and
institutions to implement policies and prac-
tices to comply with title IX of the Edu-
cation Amendments of 1972;
‘‘(ii) training for teachers, counselors,
administrators, and other school personnel,
especially preschool and elementary school
personnel, in gender equitable teaching and
learning practices;
‘‘(iii) leadership training for women
and girls to develop professional and mar-
ketable skills to compete in the global mar-
ketplace, improve self-esteem, and benefit
from exposure to positive role models;
‘‘(iv) school-to-work transition pro-
grams, guidance and counseling activities,
and other programs to increase opportuni-
ties for women and girls to enter a techno-
logically demanding workplace and, in par-
ticular, to enter highly skilled, high paying
careers in which women and girls have
been underrepresented;
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‘‘(v) enhancing educational and career
opportunities for those women and girls
who suffer multiple forms of discrimina-
tion, based on sex and on race, ethnic ori-
gin, limited-English proficiency, disability,
socioeconomic status, or age;
‘‘(vi) assisting pregnant students and
students rearing children to remain in or
to return to secondary school, graduate,
and prepare their preschool children to
start school;
‘‘(vii) evaluating exemplary model pro-
grams to assess the ability of such pro-
grams to advance educational equity for
women and girls;
‘‘(viii) introduction into the classroom
of textbooks, curricula, and other materials
designed to achieve equity for women and
girls;
‘‘(ix) programs and policies to address
sexual harassment and violence against
women and girls and to ensure that edu-
cational institutions are free from threats
to the safety of students and personnel;
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‘‘(x) nondiscriminatory tests of apti-
tude and achievement and of alternative
assessments that eliminate biased assess-
ment instruments from use;
‘‘(xi) programs to increase educational
opportunities, including higher education,
vocational training, and other educational
programs for low-income women, including
underemployed and unemployed women,
and women receiving assistance under a
State program funded under part A of title
IV of the Social Security Act;
‘‘(xii) programs to improve represen-
tation of women in educational administra-
tion at all levels; and
‘‘(xiii) planning, development and ini-
tial implementation of—
‘‘(I) comprehensive institution- or
districtwide evaluation to assess the
presence or absence of gender equity
in educational settings;
‘‘(II) comprehensive plans for im-
plementation of equity programs in
State and local educational agencies
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and institutions of higher education;
including community colleges; and
‘‘(III) innovative approaches to
school-community 
partnerships 
for
educational equity;
‘‘(B) for research and development, which
shall be coordinated with each of the research
institutes of the Office of Educational Research
and Improvement to avoid duplication of re-
search efforts, designed to advance gender eq-
uity nationwide and to help make policies and
practices in educational agencies and institu-
tions, and local communities, gender equitable,
including—
‘‘(i) research and development of inno-
vative strategies and model training pro-
grams for teachers and other education
personnel;
‘‘(ii) the development of high quality
and challenging assessment instruments
that are nondiscriminatory;
‘‘(iii) the development and evaluation
of model curricula, textbooks, software,
and other educational materials to ensure
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the absence of gender stereotyping and
bias;
‘‘(iv) the development of instruments
and procedures that employ new and inno-
vative strategies to assess whether diverse
educational settings are gender equitable;
‘‘(v) the development of instruments
and strategies for evaluation, dissemina-
tion, and replication of promising or exem-
plary programs designed to assist local
educational agencies in integrating gender
equity in their educational policies and
practices;
‘‘(vi) updating high quality edu-
cational materials previously developed
through awards made under this part;
‘‘(vii) the development of policies and
programs to address and prevent sexual
harassment and violence to ensure that
educational institutions are free from
threats to safety of students and per-
sonnel;
‘‘(viii) the development and improve-
ment of programs and activities to increase
opportunity for women, including con-
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tinuing educational activities, vocational
education, and programs for low-income
women, including underemployed and un-
employed women, and women receiving as-
sistance under the State program funded
under part A of title IV of the Social Secu-
rity Act; and
‘‘(ix) the development of guidance and
counseling activities, including career edu-
cation programs, designed to ensure gen-
der equity.
‘‘SEC. 5304. APPLICATIONS.
‘‘An application under this part shall—
‘‘(1) set forth policies and procedures that will
ensure a comprehensive evaluation of the activities
assisted under this part, including an evaluation of
the practices, policies, and materials used by the ap-
plicant and an evaluation or estimate of the contin-
ued significance of the work of the project following
completion of the award period;
‘‘(2) where appropriate, demonstrate how funds
received under this part will be used to promote the
attainment of one or more of the National Edu-
cation Goals;
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‘‘(3) demonstrate how the applicant will address
perceptions of gender roles based on cultural dif-
ferences or stereotypes;
‘‘(4) where appropriate, describe how funds
under this part will be used in a manner that is con-
sistent with programs under the School-to-Work Op-
portunities Act of 1994;
‘‘(5) for applications for assistance under sec-
tion 5303(b)(1), demonstrate how the applicant will
foster partnerships and, where applicable, share re-
sources with State educational agencies, local edu-
cational agencies, institutions of higher education,
community-based organizations (including organiza-
tions serving women), parent, teacher, and student
groups, businesses or other recipients of Federal
educational funding which may include State literacy
resource centers;
‘‘(6) for applications for assistance under sec-
tion 5303(b)(1), demonstrate how parental involve-
ment in the project will be encouraged; and
‘‘(7) for applications for assistance under sec-
tion 5303(b)(1), describe plans for continuation of
the activities assisted under this part with local sup-
port following completion of the grant period and
termination of Federal support under this part.
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‘‘SEC. 5305. CRITERIA AND PRIORITIES.
‘‘(a) CRITERIA AND PRIORITIES.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish separate criteria and priorities for awards under
paragraphs (1) and (2) of section 5303(b) to ensure
that funds under this part are used for programs
that most effectively will achieve the purposes of this
part.
‘‘(2) CRITERIA.—The criteria described in sub-
section (a) may include the extent to which the ac-
tivities assisted under this part—
‘‘(A) address the needs of women and girls
of color and women and girls with disabilities;
‘‘(B) meet locally defined and documented
educational equity needs and priorities, includ-
ing compliance with title IX of the Education
Amendments of 1972;
‘‘(C) are a significant component of a com-
prehensive plan for educational equity and com-
pliance with title IX of the Education Amend-
ments of 1972 in the particular school district,
institution of higher education, vocational-tech-
nical institution, or other educational agency or
institution; and
‘‘(D) implement an institutional change
strategy with long-term impact that will con-
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tinue as a central activity of the applicant after
the grant under this part has terminated.
‘‘(b) PRIORITIES.—In approving applications under
this part, the Secretary may give special consideration to
applications—
‘‘(1) submitted by applicants that have not re-
ceived assistance under this part or under part C of
title IX of this Act (as such part was in effect on
October 1, 1988);
‘‘(2) for projects that will contribute signifi-
cantly to directly improving teaching and learning
practices in the local community; and
‘‘(3) for projects that will—
‘‘(A) provide for a comprehensive approach
to enhancing gender equity in educational insti-
tutions and agencies;
‘‘(B) draw on a variety of resources, in-
cluding the resources of local educational agen-
cies, community-based organizations, institu-
tions of higher education, and private organiza-
tions;
‘‘(C) implement a strategy with long-term
impact that will continue as a central activity of
the applicant after the grant under this part
has terminated;
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‘‘(D) address issues of national signifi-
cance that can be duplicated; and
‘‘(E) address the educational needs of
women and girls who suffer multiple or com-
pound discrimination based on sex and on race,
ethnic origin, disability, or age.
‘‘(c) SPECIAL RULE.—To the extent feasible, the Sec-
retary shall ensure that grants awarded under this part
for each fiscal year address—
‘‘(1) all levels of education, including preschool,
elementary and secondary education, higher edu-
cation, vocational education, and adult education;
‘‘(2) all regions of the United States; and
‘‘(3) urban, rural, and suburban educational in-
stitutions.
‘‘(d) COORDINATION.—Research activities supported
under this part—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to ensure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by the Office; and
‘‘(2) may include collaborative research activi-
ties which are jointly funded and carried out with
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the Office of Educational Research and Improve-
ment.
‘‘(e) LIMITATION.—Nothing in this part shall be con-
strued as prohibiting men and boys from participating in
any programs or activities assisted with funds under this
part.
‘‘SEC. 5306. REPORT.
‘‘The Secretary, not later than January 1, 2004, shall
submit to the President and Congress a report on the sta-
tus of educational equity for girls and women in the Na-
tion.
‘‘SEC. 5307. ADMINISTRATION.
‘‘(a) EVALUATION; DISSEMINATION; REPORT.—The
Secretary—
‘‘(1) shall evaluate, in accordance with section
14701, materials and programs developed under this
part;
‘‘(2) shall disseminate materials and programs
developed under this part; and
‘‘(3) shall report to Congress regarding such
evaluation, materials, and programs not later than
January 1, 2003.
‘‘(b) PROGRAM OPERATIONS.—The Secretary shall
ensure that the activities assisted under this part are ad-
ministered within the Department by a person who has
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recognized professional qualifications and experience in
the field of gender equity education.
‘‘SEC. 5308. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $5,000,000 for fiscal year
2000 and such sums as may be necessary for each of the
four succeeding fiscal years, of which not less than two-
thirds of the amount appropriated under this section for
each fiscal year shall be available to carry out the activities
described in section 5303(b)(1).’’.
SEC. 202. CONTINUATION OF AWARDS.
Notwithstanding the amendment made by section
201, any local educational agency or consortium of such
agencies that was awarded a grant under section 5111 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7211) prior to the date of the enactment of this
Act shall continue to receive funds in accordance with the
terms of such award until the date on which the award
period terminates under such terms.
TITLE III—TEACHER LIABILITY
PROTECTION
SEC. 301. TEACHER LIABILITY PROTECTION.
The Elementary and Secondary Education Act of
1965 (20 U.S.C 6301 et seq.) is amended by adding at
the end the following:
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‘‘TITLE XV—TEACHER LIABILITY
PROTECTION
‘‘SEC. 15001. SHORT TITLE.
‘‘This title may be cited as the ‘Teacher Liability Pro-
tection Act of 1999’.
‘‘SEC. 15002. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) The ability of teachers, principals and
other school professionals to teach, inspire and
shape the intellect of our Nation’s elementary and
secondary school students is deterred and hindered
by frivolous lawsuits and litigation.
‘‘(2) Each year more and more teachers, prin-
cipals and other school professionals face lawsuits
for actions undertaken as part of their duties to pro-
vide millions of school children quality educational
opportunities.
‘‘(3) Too many teachers, principals and other
school professionals face increasingly severe and ran-
dom acts of violence in the classroom and in schools.
‘‘(4) Providing teachers, principals and other
school professionals a safe and secure environment is
an important part of the effort to improve and ex-
pand educational opportunities.
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‘‘(5) Clarifying and limiting the liability of
teachers, principals and other school professionals
who undertake reasonable actions to maintain order,
discipline and an appropriate educational environ-
ment is an appropriate subject of Federal legislation
because—
‘‘(A) the scope of the problems created by
the legitimate fears of teachers, principals and
other school professionals about frivolous, arbi-
trary or capricious lawsuits against teachers is
of national importance; and
‘‘(B) millions of children and their families
across the Nation depend on teachers, prin-
cipals and other school professionals for the in-
tellectual development of children.
‘‘(b) PURPOSE.—The purpose of this title is to pro-
vide teachers, principals and other school professionals the
tools they need to undertake reasonable actions to main-
tain order, discipline and an appropriate educational envi-
ronment.
‘‘SEC. 15003. PREEMPTION AND ELECTION OF STATE NON-
APPLICABILITY.
‘‘(a) PREEMPTION.—This title preempts the laws of
any State to the extent that such laws are inconsistent
with this title, except that this title shall not preempt any
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State law that provides additional protection from liability
relating to teachers.
‘‘(b) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—This title shall not apply to any civil action in
a State court against a teacher in which all parties are
citizens of the State if such State enacts a statute in ac-
cordance 
with 
State 
requirements 
for 
enacting
legislation—
‘‘(1) citing the authority of this subsection;
‘‘(2) declaring the election of such State that
this title shall not apply, as of a date certain, to
such civil action in the State; and
‘‘(3) containing no other provisions.
‘‘SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.
‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Ex-
cept as provided in subsections (b) and (c), no teacher in
a school shall be liable for harm caused by an act or omis-
sion of the teacher on behalf of the school if—
‘‘(1) the teacher was acting within the scope of
the teacher’s employment or responsibilities related
to providing educational services;
‘‘(2) the actions of the teacher were carried out
in conformity with local, State, and Federal laws,
rules and regulations in furtherance of efforts to
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control, discipline, expel, or suspend a student or
maintain order or control in the classroom or school;
‘‘(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the ap-
propriate authorities for the activities or practice in
the State in which the harm occurred, where the ac-
tivities were or practice was undertaken within the
scope of the teacher’s responsibilities;
‘‘(4) the harm was not caused by willful or
criminal misconduct, gross negligence, reckless mis-
conduct, or a conscious, flagrant indifference to the
rights or safety of the individual harmed by the
teacher; and
‘‘(5) the harm was not caused by the teacher
operating a motor vehicle, vessel, aircraft, or other
vehicle for which the State requires the operator or
the owner of the vehicle, craft, or vessel to—
‘‘(A) possess an operator’s license; or
‘‘(B) maintain insurance.
‘‘(b) CONCERNING RESPONSIBILITY OF TEACHERS
TO SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing
in this section shall be construed to affect any civil action
brought by any school or any governmental entity against
any teacher of such school.
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‘‘(c) EXCEPTIONS TO TEACHER LIABILITY PROTEC-
TION.—If the laws of a State limit teacher liability subject
to one or more of the following conditions, such conditions
shall not be construed as inconsistent with this section:
‘‘(1) A State law that requires a school or gov-
ernmental entity to adhere to risk management pro-
cedures, including mandatory training of teachers.
‘‘(2) A State law that makes the school or gov-
ernmental entity liable for the acts or omissions of
its teachers to the same extent as an employer is lia-
ble for the acts or omissions of its employees.
‘‘(3) A State law that makes a limitation of li-
ability inapplicable if the civil action was brought by
an officer of a State or local government pursuant
to State or local law.
‘‘(d) LIMITATION ON PUNITIVE DAMAGES BASED ON
THE ACTIONS OF TEACHERS.—
‘‘(1) GENERAL RULE.—Punitive damages may
not be awarded against a teacher in an action
brought for harm based on the action of a teacher
acting within the scope of the teacher’s responsibil-
ities to a school or governmental entity unless the
claimant establishes by clear and convincing evidence
that the harm was proximately caused by an action
of such teacher which constitutes willful or criminal
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misconduct, or a conscious, flagrant indifference to
the rights or safety of the individual harmed.
‘‘(2) CONSTRUCTION.—Paragraph (1) does not
create a cause of action for punitive damages and
does not preempt or supersede any Federal or State
law to the extent that such law would further limit
the award of punitive damages.
‘‘(e) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
‘‘(1) IN GENERAL.—The limitations on the li-
ability of a teacher under this title shall not apply
to any misconduct that—
‘‘(A) constitutes a crime of violence (as
that term is defined in section 16 of title 18,
United States Code) or act of international ter-
rorism (as that term is defined in section 2331
of title 18, United States Code) for which the
defendant has been convicted in any court;
‘‘(B) involves a sexual offense, as defined
by applicable State law, for which the defendant
has been convicted in any court;
‘‘(C) involves misconduct for which the de-
fendant has been found to have violated a Fed-
eral or State civil rights law; or
‘‘(D) where the defendant was under the
influence (as determined pursuant to applicable
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State law) of intoxicating alcohol or any drug at
the time of the misconduct.
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in
this subsection shall be construed to effect sub-
section (a)(3) or (d).
‘‘SEC. 15005. LIABILITY FOR NONECONOMIC LOSS.
‘‘(a) GENERAL RULE.—In any civil action against a
teacher, based on an action of a teacher acting within the
scope of the teacher’s responsibilities to a school or gov-
ernmental entity, the liability of the teacher for non-
economic loss shall be determined in accordance with sub-
section (b).
‘‘(b) AMOUNT OF LIABILITY.—
‘‘(1) IN GENERAL.—Each defendant who is a
teacher, shall be liable only for the amount of non-
economic loss allocated to that defendant in direct
proportion to the percentage of responsibility of that
defendant (determined in accordance with paragraph
(2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall
render a separate judgment against each defendant
in an amount determined pursuant to the preceding
sentence.
‘‘(2) PERCENTAGE
OF
RESPONSIBILITY.—For
purposes of determining the amount of noneconomic
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loss allocated to a defendant who is a teacher under
this section, the trier of fact shall determine the per-
centage of responsibility of that defendant for the
claimant’s harm.
‘‘SEC. 15006. DEFINITIONS.
For purposes of this title:
‘‘(1) ECONOMIC
LOSS.—The term ‘economic
loss’ means any pecuniary loss resulting from harm
(including the loss of earnings or other benefits re-
lated to employment, medical expense loss, replace-
ment services loss, loss due to death, burial costs,
and loss of business or employment opportunities) to
the extent recovery for such loss is allowed under ap-
plicable State law.
‘‘(2) HARM.—The term ‘harm’ includes phys-
ical, nonphysical, economic, and noneconomic losses.
‘‘(3) NONECONOMIC LOSSES.—The term ‘non-
economic losses’ means losses for physical and emo-
tional pain, suffering, inconvenience, physical im-
pairment, mental anguish, disfigurement, loss of en-
joyment of life, loss of society and companionship,
loss of consortium (other than loss of domestic serv-
ice), hedonic damages, injury to reputation and all
other nonpecuniary losses of any kind or nature.
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‘‘(4) SCHOOL.—The term ‘school’ means a pub-
lic or private kindergarten, a public or private ele-
mentary school or secondary school (as defined in
section 14101, or a home school.
‘‘(5) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the
United States, or any political subdivision of any
such State, territory, or possession.
‘‘(6) TEACHER.—The term ‘teacher’ means a
teacher, instructor, principal, administrator, or other
educational professional that works in a school, a
local school board and any member of such board,
and a local educational agency and any employee of
such agency.
‘‘SEC. 15007. EFFECTIVE DATE.
‘‘(a) IN GENERAL.—This title shall take effect 90
days after the date of the enactment of the Student Re-
sults Act of 1999.
‘‘(b) APPLICATION.—This title applies to any claim
for harm caused by an act or omission of a teacher if that
claim is filed on or after the effective date of the Student
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Results Act of 1999, without regard to whether the harm
that is the subject of the claim or the conduct that caused
the harm occurred before such effective date.’’.
TITLE IV—INDIAN, NATIVE HA-
WAIIAN, AND ALASKA NATIVE
EDUCATION
Subtitle A—Elementary and
Secondary Education Act of 1965
SEC. 401. AMENDMENTS.
Part A of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801 et seq.) is amend-
ed to read as follows:
‘‘PART A—INDIAN EDUCATION
‘‘SEC. 9101. FINDINGS.
‘‘Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults—
‘‘(A) are based on high-quality, inter-
nationally competitive content standards and
student performance standards and build on In-
dian culture and the Indian community;
‘‘(B) assist local educational agencies, In-
dian tribes, and other entities and individuals in
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providing Indian students the opportunity to
achieve such standards; and
‘‘(C) meet the unique educational and cul-
turally related academic needs of American In-
dian and Alaska Native students;
‘‘(2) since the date of the enactment of the ini-
tial Indian Education Act in 1972, the level of in-
volvement of Indian parents in the planning, devel-
opment, and implementation of educational pro-
grams that affect such parents and their children
has increased significantly, and schools should con-
tinue to foster such involvement;
‘‘(3) although the number of Indian teachers,
administrators, and university professors has in-
creased since 1972, teacher training programs are
not recruiting, training, or retraining a sufficient
number of Indian individuals as educators to meet
the needs of a growing Indian student population in
elementary, secondary, vocational, adult, and higher
education;
‘‘(4) the dropout rate for Indian students is un-
acceptably high; 9 percent of Indian students who
were eighth graders in 1988 had dropped out of
school by 1990;
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‘‘(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below
the poverty level increased from 24 percent to 31
percent, and the readiness of Indian children to
learn is hampered by the high incidence of poverty,
unemployment, and health problems among Indian
children and their families; and
‘‘(6) research related specifically to the edu-
cation of Indian children and adults is very limited,
and much of the research is of poor quality or is fo-
cused on limited local or regional issues.
‘‘SEC. 9102. PURPOSE.
‘‘(a) PURPOSE.—It is the purpose of this part to sup-
port the efforts of local educational agencies, Indian tribes
and organizations, postsecondary institutions, and other
entities to meet the unique educational and culturally re-
lated academic needs of American Indians and Alaska Na-
tives, so that such students can achieve to the same chal-
lenging State performance standards expected of all other
students.
‘‘(b) PROGRAMS.—This part carries out the purpose
described in subsection (a) by authorizing programs of di-
rect assistance for—
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‘‘(1) meeting the unique educational and cul-
turally related academic needs of American Indians
and Alaska Natives;
‘‘(2) the education of Indian children and
adults;
‘‘(3) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
‘‘(4) research, evaluation, data collection, and
technical assistance.
‘‘Subpart 1—Formula Grants to Local Educational
Agencies
‘‘SEC. 9111. PURPOSE.
‘‘It is the purpose of this subpart to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students
in order to ensure that such programs—
‘‘(1) are based on challenging State content
standards and State student performance standards
that are used for all students; and
‘‘(2) are designed to assist Indian students in
meeting those standards and assist the Nation in
reaching the National Education Goals.
‘‘SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) IN GENERAL.—
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‘‘(1) ENROLLMENT
REQUIREMENTS.—A local
educational agency shall be eligible for a grant under
this subpart for any fiscal year if the number of In-
dian children eligible under section 9117 and who
were enrolled in the schools of the agency, and to
whom the agency provided free public education,
during the preceding fiscal year—
‘‘(A) was at least 10; or
‘‘(B) constituted not less than 25 percent
of the total number of individuals enrolled in
the schools of such agency.
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or
Oklahoma, or with respect to any local educational
agency located on, or in proximity to, a reservation.
‘‘(b) INDIAN TRIBES.—
‘‘(1) IN GENERAL.—If a local educational agen-
cy that is eligible for a grant under this subpart
does not establish a parent committee under section
9114(c)(4) for such grant, an Indian tribe that rep-
resents not less than one-half of the eligible Indian
children who are served by such local educational
agency may apply for such grant.
‘‘(2) SPECIAL RULE.—The Secretary shall treat
each Indian tribe applying for a grant pursuant to
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paragraph (1) as if such Indian tribe were a local
educational agency for purposes of this subpart, ex-
cept that any such tribe is not subject to section
9114(c)(4), section 9118(c), or section 9119.
‘‘SEC. 9113. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANT AWARDS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall
allocate to each local educational agency which has
an approved application under this subpart an
amount equal to the product of—
‘‘(A) the number of Indian children who
are eligible under section 9117 and served by
such agency; and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure
of the State in which such agency is lo-
cated; or
‘‘(ii) 80 percent of the average per-
pupil expenditure in the United States.
‘‘(2) REDUCTION.—The Secretary shall reduce
the amount of each allocation determined under
paragraph (1) in accordance with subsection (e).
‘‘(b) MINIMUM GRANT.—
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‘‘(1) IN GENERAL.—Notwithstanding subsection
(e), a local educational agency or an Indian tribe (as
authorized under section 9112(b)) that is eligible for
a grant under section 9112, and a school that is op-
erated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (d), that
submits an application that is approved by the Sec-
retary, shall, subject to appropriations, receive a
grant under this subpart in an amount that is not
less than $3,000.
‘‘(2) CONSORTIA.—Local educational agencies
may form a consortium for the purpose of obtaining
grants under this subpart.
‘‘(3) INCREASE.—The Secretary may increase
the minimum grant under paragraph (1) to not
more than $4,000 for all grantees if the Secretary
determines such increase is necessary to ensure the
quality of the programs provided.
‘‘(c) DEFINITION.—For the purpose of this section,
the term ‘average per-pupil expenditure of a State’ means
an amount equal to—
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the
State, plus any direct current expenditures by the
State for the operation of such agencies, without re-
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gard to the sources of funds from which such local
or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the
computation is made; divided by
‘‘(2) the aggregate number of children who
were included in average daily attendance for whom
such agencies provided free public education during
such preceding fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE
BUREAU OF INDIAN AFFAIRS.—(1) Subject to subsection
(e), in addition to the grants awarded under subsection
(a), the Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of—
‘‘(A) the total number of Indian children en-
rolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe under
a contract with, or grant from, the Department
of the Interior under the Indian Self-Deter-
mination Act or the Tribally Controlled Schools
Act of 1988; and
‘‘(B) the greater of—
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‘‘(i) the average per-pupil expenditure of
the State in which the school is located; or
‘‘(ii) 80 percent of the average per-pupil
expenditure in the United States.
‘‘(2) Any school described in paragraph (1)(A) that
wishes to receive an allocation under this subpart shall
submit an application in accordance with section 9114,
and shall otherwise be treated as a local educational agen-
cy for the purpose of this subpart, except that such school
shall not be subject to section 9114(c)(4), section 9118(c),
or section 9119.
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 9162(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a)(1) and for the Sec-
retary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
‘‘SEC. 9114. APPLICATIONS.
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this
subpart shall submit an application to the Secretary at
such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each
application submitted under subsection (a) shall include
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a comprehensive program for meeting the needs of Indian
children served by the local educational agency, including
the language and cultural needs of the children, that—
‘‘(1) provides programs and activities to meet
the culturally related academic needs of American
Indian and Alaska Native students;
‘‘(2)(A) is consistent with State and local plans
under other provisions of this Act; and
‘‘(B) includes academic content and student
performance goals for such children, and bench-
marks for attaining such goals, that are based on
the challenging State standards under title I;
‘‘(3) explains how Federal, State, and local pro-
grams, especially under title I, will meet the needs
of such students;
‘‘(4) demonstrates how funds made available
under this subpart will be used for activities de-
scribed in section 9115;
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure that—
‘‘(A) teachers and other school profes-
sionals who are new to the Indian community
are prepared to work with Indian children; and
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‘‘(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
‘‘(6) describes how the local educational
agency—
‘‘(A) will periodically assess the progress of
all Indian children enrolled in the schools of the
local educational agency, including Indian chil-
dren who do not participate in programs as-
sisted under this subpart, in meeting the goals
described in paragraph (2);
‘‘(B) will provide the results of each as-
sessment referred to in subparagraph (A) to—
‘‘(i) the committee of parents de-
scribed in subsection (c)(4); and
‘‘(ii) the community served by the
local educational agency; and
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the as-
sessments described in subparagraph (A).
‘‘(c) ASSURANCES.—Each application submitted
under subsection (a) shall include assurances that—
‘‘(1) the local educational agency will use funds
received under this subpart only to supplement the
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level of funds that, in the absence of the Federal
funds made available under this subpart, such agen-
cy would make available for the education of Indian
children, and not to supplant such funds;
‘‘(2) the local educational agency will submit
such reports to the Secretary, in such form and con-
taining such information, as the Secretary may re-
quire to—
‘‘(A) carry out the functions of the Sec-
retary under this subpart; and
‘‘(B) determine the extent to which funds
provided to the local educational agency under
this subpart are effective in improving the edu-
cational achievement of Indian students served
by such agency;
‘‘(3) the program for which assistance is
sought—
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs
of the American Indian and Alaska Native stu-
dents to whom the local educational agency is
providing an education;
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‘‘(B) will use the best available talents and
resources, including individuals from the Indian
community; and
‘‘(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian stu-
dents from secondary schools, including public
hearings held by such agency to provide the in-
dividuals described in this subparagraph a full
opportunity to understand the program and to
offer recommendations regarding the program;
and
‘‘(4) the local educational agency developed the
program with the participation and written approval
of a committee—
‘‘(A) that is composed of, and selected
by—
‘‘(i) parents of Indian children in the
local educational agency’s schools and
teachers; and
‘‘(ii) if appropriate, Indian students
attending secondary schools;
‘‘(B) a majority of whose members are
parents of Indian children;
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‘‘(C) that sets forth such policies and pro-
cedures, including policies and procedures relat-
ing to the hiring of personnel, as will ensure
that the program for which assistance is sought
will be operated and evaluated in consultation
with, and with the involvement of, parents of
the children, and representatives of the area, to
be served;
‘‘(D) with respect to an application de-
scribing a schoolwide program in accordance
with section 9115(c), has—
‘‘(i) reviewed in a timely fashion the
program; and
‘‘(ii) determined that the program will
not diminish the availability of culturally
related activities for American Indian and
Alaskan Native students; and
‘‘(E) has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws.
‘‘SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this subpart
shall use the grant funds, in a manner consistent with the
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purpose specified in section 9111, for services and activi-
ties that—
‘‘(1) are designed to carry out the comprehen-
sive program of the local educational agency for In-
dian students, and described in the application of
the local educational agency submitted to the Sec-
retary under section 9114(b);
‘‘(2) are designed with special regard for the
language and cultural needs of the Indian students;
and
‘‘(3) supplement and enrich the regular school
program of such agency.
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include—
‘‘(1) culturally related activities that support
the program described in the application submitted
by the local educational agency;
‘‘(2) early childhood and family programs that
emphasize school readiness;
‘‘(3) enrichment programs that focus on prob-
lem solving and cognitive skills development and di-
rectly support the attainment of challenging State
content standards and State student performance
standards;
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‘‘(4) integrated educational services in combina-
tion with other programs that meet the needs of In-
dian children and their families;
‘‘(5) career preparation activities to enable In-
dian students to participate in programs such as the
programs supported by the Carl D. Perkins Voca-
tional and Technical Education Act of 1998, includ-
ing programs for tech-prep, mentoring, and appren-
ticeship;
‘‘(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
‘‘(7) the acquisition of equipment, but only if
the acquisition of the equipment is essential to meet
the purposes described in section 9111; and
‘‘(8) family literacy services.
‘‘(c) 
SCHOOLWIDE
PROGRAMS.—Notwithstanding
any other provision of law, a local educational agency may
use funds made available to such agency under this sub-
part to support a schoolwide program under section 1114
if—
‘‘(1) the committee composed of parents estab-
lished pursuant to section 9114(c)(4) approves the
use of the funds for the schoolwide program; and
‘‘(2) the schoolwide program is consistent with
the purposes described in section 9111.
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‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of the funds provided to a grantee
under this subpart for any fiscal year may be used for
administrative purposes.
‘‘SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.
‘‘(a) PLAN.—An entity receiving funds under this
subpart may submit a plan to the Secretary for the inte-
gration of education and related services provided to In-
dian students.
‘‘(b) COORDINATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan, the Secretary, in cooperation
with each Federal agency providing grants for the provi-
sion of education and related services to the applicant,
shall authorize the applicant to coordinate, in accordance
with such plan, its federally funded education and related
services programs, or portions thereof, serving Indian stu-
dents in a manner that integrates the program services
involved into a single, coordinated, comprehensive pro-
gram and reduces administrative costs by consolidating
administrative functions.
‘‘(c) PROGRAMS AFFECTED.—The funds that may be
consolidated in a demonstration project under any such
plan referred to in subsection (b) shall include funds for
any Federal program exclusively serving Indian children
or the funds reserved under any program to exclusively
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serve Indian children under which the applicant is eligible
for receipt of funds under a statutory or administrative
formula for the purposes of providing education and re-
lated services which would be used to serve Indian stu-
dents.
‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac-
ceptable pursuant to subsection (b), it shall—
‘‘(1) identify the programs or funding sources
to be consolidated;
‘‘(2) be consistent with the purposes of this sec-
tion authorizing the services to be integrated in a
demonstration project;
‘‘(3) describe a comprehensive strategy which
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian students to achieve the goals set forth in
this subpart;
‘‘(4) describe the way in which services are to
be integrated and delivered and the results expected
from the plan;
‘‘(5) identify the projected expenditures under
the plan in a single budget;
‘‘(6) identify the local, State, or tribal agency
or agencies to be involved in the delivery of the serv-
ices integrated under the plan;
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‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the applicant be-
lieves need to be waived in order to implement its
plan;
‘‘(8) set forth measures of student achievement
and performance goals designed to be met within a
specified period of time; and
‘‘(9) be approved by a parent committee formed
in accordance with section 9114(c)(4), if such a
committee exists.
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be
used to implement the plan, and with the entity submit-
ting the plan. The parties so consulting shall identify any
waivers of statutory requirements or of Federal depart-
mental regulations, policies, or procedures necessary to en-
able the applicant to implement its plan. Notwithstanding
any other provision of law, the Secretary of the affected
department or departments shall have the authority to
waive any regulation, policy, or procedure promulgated by
that department that has been so identified by the appli-
cant or department, unless the Secretary of the affected
department determines that such a waiver is inconsistent
with the intent of this subpart or those provisions of the
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statute from which the program involved derives its au-
thority which are specifically applicable to Indian stu-
dents.
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an applicant’s plan by the Secretary, the Secretary
shall inform the applicant, in writing, of the Secretary’s
approval or disapproval of the plan. If the plan is dis-
approved, the applicant shall be informed, in writing, of
the reasons for the disapproval and shall be given an op-
portunity to amend its plan or to petition the Secretary
to reconsider such disapproval.
‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU-
CATION.—Not later than 180 days after the date of the
enactment of the Student Results Act of 1999, the Sec-
retary of Education, the Secretary of the Interior, and the
head of any other Federal department or agency identified
by the Secretary of Education, shall enter into an inter-
departmental memorandum of agreement providing for
the implementation of the demonstration projects author-
ized under this section. The lead agency head for a dem-
onstration program under this section shall be—
‘‘(1) the Secretary of the Interior, in the case
of applicant meeting the definition of contract or
grant school under title XI of the Education Amend-
ments of 1978; or
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‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include—
‘‘(1) the use of a single report format related
to the plan for the individual project which shall be
used by an eligible entity to report on the activities
undertaken under the project;
‘‘(2) the use of a single report format related
to the projected expenditures for the individual
project which shall be used by an eligible entity to
report on all project expenditures;
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and
‘‘(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical assist-
ance and the technical assistance provider.
‘‘(i) REPORT REQUIREMENTS.—A single report for-
mat shall be developed by the Secretary, consistent with
the requirements of this section. Such report format, to-
gether with records maintained on the consolidated pro-
gram at the local level, shall contain such information as
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will allow a determination that the eligible entity has com-
plied with the requirements incorporated in its approved
plan, including the demonstration of student achievement,
and will provide assurances to each Secretary that the eli-
gible entity has complied with all directly applicable statu-
tory requirements and with those directly applicable regu-
latory requirements which have not been waived.
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall
the amount of Federal funds available to an eligible entity
involved in any demonstration project be reduced as a re-
sult of the enactment of this section.
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR-
IZED.—The Secretary is authorized to take such action
as may be necessary to provide for an interagency transfer
of funds otherwise available to an eligible entity in order
to further the purposes of this section.
‘‘(l) ADMINISTRATION OF FUNDS.—
‘‘(1) IN GENERAL.—Program funds shall be ad-
ministered in such a manner as to allow for a deter-
mination that funds from specific a program or pro-
grams are spent on allowable activities authorized
under such program, except that the eligible entity
shall determine the proportion of the funds granted
which shall be allocated to such program.