‘‘(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph
shall not be less that 37 percent, and not more
that 48 percent, of the average per-pupil ex-
penditure in the United States.’’; and
(2) by amending paragraph (3) to read as
follows—
‘‘(3) PUERTO RICO.—The grant that the Com-
monwealth of Puerto Rico is eligible to receive under
this section for a fiscal year is the amount deter-
mined for Puerto Rico under paragraph (1), multi-
plied by the following:
‘‘(A) for fiscal year 2001, 77.6 percent;
‘‘(B) for fiscal year 2002, 83.2 percent;
‘‘(C) for fiscal year 2003, 88.8 percent;
‘‘(D) for fiscal year 2004, 94.4 percent;
‘‘(E) for fiscal years starting with fiscal
year 2005, 100 percent.’’.
SEC. 119. PROGRAM INDICATORS.
Part A of title I is further amended by adding at the
end the following:
‘‘Subpart 3—Program Indicators
‘‘SEC. 1131. PROGRAM INDICATORS.
‘‘Each State receiving assistance under this part shall
report to the Secretary each year with respect to its
progress in meeting the following performance indicators
for participating schools and local educational agencies,
and shall use those indicators to improve its program per-
formance:
‘‘(1) Increasing percentages of students in
schools with at least 50 percent poverty will meet
proficient and advanced performance levels on State
assessments in reading and mathematics.
‘‘(2) The average scores representing the per-
formance of the lowest achieving students on State
assessments will increase annually in both reading
and mathematics.
‘‘(3) Increasing percentages of schools identified
as in need of improvement under this part will show
academic progress after 2 years.
‘‘(4) The percentage of teachers in programs
under this part who are certified in the field in
which they teach will increase annually.
‘‘(5) Increasing percentages of school principals
will report that curricula and instructional materials
in use in their school are aligned with challenging
State content standards.
‘‘(6) Increasing percentages of schools will oper-
ate before- and after-school, summer, and other pro-
grams designed to extend and reinforce student
learning.
‘‘(7) Increasing percentages of parents will re-
port that their schools engage them in supporting
their children’s learning.’’.
Subtitle B—Education of Migratory
Children
SEC. 131. FINDINGS.
Section 1301 is amended by—
(1) inserting a new paragraph (2) to read as
follows—
‘‘(2) ensure that migratory children who move
among the States are not penalized in any manner
by disparities among the States in curriculum, grad-
uation requirements, and content and performance
standards;’’;
(2) redesignating paragraph (2) as paragraph
(3);
(3) adding at the end new paragraphs (5) and
(6) to read as follows:
‘‘(5) coordinate programs and services for mi-
gratory children who attend school in 2 or more of
the States; and
‘‘(6) ensure that migratory children receive full
and appropriate opportunities to meet the same
challenging State content and performance stand-
ards that all children are expected to meet.’’.
SEC. 132. CONSORTIUM GRANTS.
(a) REPEAL OF GRANTS.—Subsection 1303(d) is re-
pealed.
(b) SHARED STUDENT INCENTIVE GRANTS.—Section
1308 (a) is amended to read as follows—
‘‘(a) SHARED STUDENT INCENTIVE GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may make
grants to or enter into contracts with State edu-
cational agencies or consortia of State educational
agencies to improve interstate coordination among
such agencies’ educational programs, including the
establishment or improvement of programs for credit
accrual and exchange, and the development of reci-
procity across States with respect to curriculum,
standards, and graduation requirements for migra-
tory children that attend school in more than 1
State.
‘‘(2) DURATION.—Grants under this subpart
may be awarded for not more than 5 years.’’.
SEC. 133. PARENTAL INVOLVEMENT.
(a) PARENT INVOLVEMENT.—Paragraph 1304(c)(3)
is amended to read as follows—
‘‘(3) in the planning and operation of programs
and projects at both the State and local operating
agency level—
‘‘(A) there is appropriate consultation with
parent advisory councils for programs of 1
school year in duration;
‘‘(B) all such programs and projects are
carried out, to the extent feasible, in a manner
consistent with section 1118; and
‘‘(C) migratory parents are provided infor-
mation, in a form and language understandable
to them, about the key elements in the agree-
ment between the State educational agency and
the local operating agency.’’.
(b) OUTREACH ACTIVITIES.—Section 1304(c)(6) is
amended by inserting after ‘‘including’’ the following—
‘‘(A) providing leadership development and
informational activities for migratory parents
about the programs funded under this part,
and’’.
SEC. 134. CONSOLIDATED PLAN.
Section 1306 is amended by, in subparagraph
(a)(1)(B), inserting after ‘‘section 14302’’ the following:
‘‘provided that—
‘‘(i) the special needs of migratory
children are specifically addressed in such
plan;
‘‘(ii) the consolidated plan is devel-
oped in collaboration with migrant parent
advisory councils and appropriate migrant
program personnel; and
‘‘(iii) consolidated planning shall not
be used to supplant State effort or admin-
istrative funding for this part.’’.
SEC. 135. SCHOOLWIDE PROGRAMS.
Section 1306 is amended by—
(1) amending subsection (b)(3) to read as fol-
lows:
‘‘(3)(A) USE OF FUNDS IN SCHOOLWIDE PRO-
GRAMS.—
‘‘(i) Notwithstanding section 1114, a
school that receives funds under this part shall
continue to address the needs described in para-
graph (1)(A) before funds under this part may
be expended in school-wide programs;
‘‘(ii) the State educational agency must
provide prior approval to schools to use funds
under this part for schoolwide programs;
‘‘(iii) the needs of preschool and out-of-
school migratory children, including students
who have never attended school and those who
have dropped out, must be addressed before
funds under this part may be expended in
schoolwide programs; and
‘‘(iv) the State educational agency shall
monitor schoolwide programs receiving funds
under this part and shall take corrective action
when the special needs of migratory children
are not being addressed in such programs.
‘‘(B) FLEXIBILITY.—States requesting waivers
of statutory or regulatory requirements under this
part consistent with section 14401 shall provide in-
formation and seek public comments from the mi-
grant community.’’ and
(2) in section 14302(b)(1), strike ‘‘representa-
tives of.’’
SEC. 136. DATA COLLECTION.
Section 1308(d) is amended to read as follows—
‘‘(d) DATA COLLECTION.—The Secretary shall direct
the National Center for Education Statistics to collect
data on migratory children, including preschool children,
children who have never attended school, and children who
have dropped out of school, and their families, as part of
the core data elements.’’.
SEC. 137. PARENT ADVISORY COMMITTEE.
Part C is amended by adding at the end the following:
‘‘SEC. 1310. NATIONAL PARENT ADVISORY COUNCIL.
‘‘(a) IN GENERAL.—A National Parent Advisory
Council (hereafter in this section referred to as the ‘‘Advi-
sory Council’’) shall be established to advise the Secretary
on the implementation of programs under this part and
coordination with other programs serving migratory chil-
dren and families.
‘‘(b) MEMBERSHIP.—The Advisory Council shall in-
clude a minimum of 10 geographically representative par-
ent members and 5 others members appointed by the Sec-
retary, in consultation with State education agencies,
State and local parent advisory councils, local operating
agencies, the National Association for Migrant Education,
the National Association for State Directors of Migrant
Education, and other interested parties.
‘‘(c) COMPENSATION AND EXPENSES.—
‘‘(1) Members of the Advisory Council who are
officers or full time employees of the United States
shall serve without compensation in addition to that
received for their services as officers or employees of
the United States; but they may be allowed travel
expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5, United
States Code, for persons in the Government service
employed intermittently.
‘‘(2) Members of the Advisory Council who are
not officers or full-time employees of the United
States may each receive reimbursement for travel ex-
penses incident to attending Advisory Council meet-
ings, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States
Code, for persons in the Government service em-
ployed intermittently.’’.
SEC. 138. REGULATIONS.
Part C is amended by adding at the end the following:
‘‘SEC. 1311. REGULATIONS AND NEGOTIATED RULEMAKING.
‘‘(a) PUBLICATION
OF REGULATIONS.—The Sec-
retary shall, within 1 year of the enactment of the Access
to Excellence in Education for the 21st Century Act, pub-
lish in the Federal Register final regulations to implement
the provisions of this part.
‘‘(b) NEGOTIATED RULEMAKING.—
‘‘(1) MEETINGS.—In order to carry out his re-
sponsibility under subsection (a) the Secretary shall
convene meetings to obtain public involvement in the
development of proposed regulations for this part.
Such meetings shall include individuals and rep-
resentatives of the groups involved in migrant edu-
cation
‘‘(2) ISSUES.—During such meetings, the Sec-
retary shall provide for a comprehensive discussion
and exchange of information concerning the imple-
mentation of this part. The Secretary shall take into
account the information received at such meetings in
the development of proposed regulations and shall
publish a summary of such information in the Fed-
eral Register together with such proposed regula-
tions.
‘‘(c) DRAFT REGULATIONS.—After holding meetings
and before publishing proposed regulations in the Federal
Register, the Secretary shall prepare draft regulations im-
plementing this part and shall submit such regulations to
a negotiated rulemaking process. The Secretary shall fol-
low the guidance provided in sections 305.82–4 and
305.85–5 of chapter 1, Code of Federal Regulations, and
any successor recommendation, regulation, or law. Partici-
pants in the negotiations process shall be chosen by the
Secretary from individuals nominated by groups partici-
pating in the meetings described in subsection (b)(1) of
this section, and shall include representatives of such
groups from Washington, D.C., providers in the program,
and parents of migrant children. The negotiation process
shall be conducted in a timely manner in order that the
final regulations may be issued by the Secretary within
the 1-year period described in subsection (a).
‘‘(d) FUTURE NEGOTIATED RULEMAKING.—All regu-
lations pertaining to this part that are promulgated after
the date of the enactment of this part shall be subject to
a negotiated rulemaking (including the selection of the
issues to be negotiated), unless the Secretary determines
that applying such a requirement with respect to given
regulations is impracticable, unnecessary, or contrary to
the public interest (within the meaning of section
553(b)(3)(B) of title 5, United States Code), and pub-
lishes the basis for such determination in the Federal Reg-
ister at the same time as the proposed regulations in ques-
tion are first published. All published proposed regulations
shall conform to agreements resulting from such nego-
tiated rulemaking unless the Secretary reopens the nego-
tiated rulemaking process or provides a written expla-
nation to the participants in that process why the Sec-
retary has decided to depart from such agreements. Such
negotiated rulemaking shall be conducted in accordance
with the provisions of this section, and the Secretary shall
ensure that a clear and reliable record of agreements
reached during the negotiations process is maintained.
‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act shall
not apply to activities carried out under this section.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated in any fiscal year or
made available from funds appropriated to carry out this
part in any fiscal year such sums as may be necessary
to carry out the provisions of this section, except that if
no funds are appropriated pursuant to this subsection, the
Secretary shall make funds available to carry out this sec-
tion from amounts appropriated for the operations and ex-
penses of the Department of Education.’’.
SEC. 139. TECHNICAL ASSISTANCE.
Part C is amended by adding at the end the following:
‘‘SEC. 1312. EVALUATIONS.
‘‘The Secretary shall from funds appropriated for this
title spend not less than $1,000,000 annually to establish
and maintain a technical assistance center to provide as-
sistance to programs under this part and under section
418A of the Higher Education Act of 1965.’’.
Subtitle C—Federal Evaluations
SEC. 141. EVALUATIONS.
Section 1501 is amended to read as follows: