1424
HR 1 EAS
a grant recipient that is a tribal governing
body fail to agree on such an evaluator,
subclause (I) shall not apply.
‘‘(III) A positive assessment by an im-
partial evaluator under this clause shall not
affect the revocation of a determination of
eligibility by the Secretary where such rev-
ocation is based on circumstances that were
within the control of the school board.
‘‘(2) NOTICE
REQUIREMENTS
FOR
REVOCA-
TION.—The Secretary may not revoke a determina-
tion that a school is eligible for assistance under this
part, or reassume control of a school that was a Bu-
reau school prior to approval of an application sub-
mitted 
under 
section 
5206(b)(1)(A), 
until 
the
Secretary—
‘‘(A) provides notice, to the tribally con-
trolled school involved and the appropriate tribal
governing body (within the meaning of section
1139 of the Education Amendments of 1978) for
the tribally controlled school, which notice
identifies—
‘‘(i) the specific deficiencies that led to
the revocation or reassumption determina-
tion; and
1425
HR 1 EAS
‘‘(ii) the specific actions that are need-
ed to remedy such deficiencies; and
‘‘(B) affords such school and governing body
an opportunity to implement the remedial ac-
tions.
‘‘(3) TECHNICAL
ASSISTANCE.—The Secretary
shall provide such technical assistance to enable the
school and governing body to carry out such remedial
actions.
‘‘(4) HEARING AND APPEAL.—In addition to no-
tice and technical assistance under this subsection, the
Secretary shall provide to the school and governing
body—
‘‘(A) at the request of the school or gov-
erning body, a hearing on the record regarding
the revocation or reassumption determination, to
be conducted under the rules and regulations de-
scribed in section 5206(f)(1)(C); and
‘‘(B) an opportunity to appeal the decision
resulting from the hearing.
‘‘(d) APPLICABILITY OF SECTION PURSUANT TO ELEC-
TION UNDER SECTION 5209(b).—With respect to a tribally
controlled school that receives assistance under this part
pursuant to an election made under section 5209(b)—
‘‘(1) subsection (b) shall apply; and
1426
HR 1 EAS
‘‘(2) the Secretary may not revoke eligibility for
assistance under this part except in conformance with
subsection (c).
‘‘SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS;
STATE PAYMENTS TO SCHOOLS.
‘‘(a) PAYMENTS.—
‘‘(1) MANNER OF PAYMENTS.—
‘‘(A) IN
GENERAL.—Except as otherwise
provided in this subsection, the Secretary shall
make payments to grant recipients under this
part in 2 payments, of which—
‘‘(i) the first payment shall be made
not later than July 1 of each year in an
amount equal to 80 percent of the amount
that the grant recipient was entitled to re-
ceive during the preceding academic year;
and
‘‘(ii) the second payment, consisting of
the remainder to which the grant recipient
was entitled for the academic year, shall be
made not later than December 1 of each
year.
‘‘(B) EXCESS
FUNDING.—In a case in
which the amount provided to a grant recipient
under subparagraph (A)(i) is in excess of the
1427
HR 1 EAS
amount that the recipient is entitled to receive
for the academic year involved, the recipient
shall return to the Secretary such excess amount
not later than 30 days after the final determina-
tion that the school was overpaid pursuant to
this section. The amount returned to the Sec-
retary under this subparagraph shall be distrib-
uted equally to all schools in the system.
‘‘(2) NEWLY FUNDED SCHOOLS.—For any school
for which no payment under this part was made from
Bureau funds in the academic year preceding the
year for which the payments are being made, full
payment of the amount computed for the school for
the first academic year of eligibility under this part
shall be made not later than December 1 of the aca-
demic year.
‘‘(3) LATE FUNDING.—With regard to funds for
grant recipients under this part that become available
for obligation on October 1 of the fiscal year for which
such funds are appropriated, the Secretary shall make
payments to the grant recipients not later than De-
cember 1 of the fiscal year.
‘‘(4) APPLICABILITY OF CERTAIN TITLE 31 PROVI-
SIONS.—The provisions of chapter 39 of title 31,
1428
HR 1 EAS
United States Code, shall apply to the payments re-
quired to be made under paragraphs (1), (2), and (3).
‘‘(5) RESTRICTIONS.—Payments made under
paragraphs (1), (2), and (3) shall be subject to any
restriction on amounts of payments under this part
that is imposed by a continuing resolution or other
Act appropriating the funds involved.
‘‘(b) INVESTMENT OF FUNDS.—
‘‘(1) TREATMENT OF INTEREST AND INVESTMENT
INCOME.—Notwithstanding any other provision of
law, any interest or investment income that accrues
on or is derived from any funds provided under this
part for a school after such funds are paid to an In-
dian tribe or tribal organization and before such
funds are expended for the purpose for which such
funds were provided under this part shall be the prop-
erty of the Indian tribe or tribal organization. The
interest or income shall not be taken into account by
any officer or employee of the Federal Government in
determining whether to provide assistance, or the
amount of assistance to be provided, under any provi-
sion of Federal law.
‘‘(2) PERMISSIBLE
INVESTMENTS.—Funds pro-
vided under this part may be invested by an Indian
tribe or tribal organization, as approved by the
1429
HR 1 EAS
grantee, before such funds are expended for the objec-
tives of this part if such funds are—
‘‘(A) invested by the Indian tribe or tribal
organization only—
‘‘(i) in obligations of the United States;
‘‘(ii) in obligations or securities that
are guaranteed or insured by the United
States; or
‘‘(iii) in mutual (or other) funds that
are registered with the Securities and Ex-
change Commission and that only invest in
obligations of the United States, or securi-
ties that are guaranteed or insured by the
United States; or
‘‘(B) deposited only into accounts that are
insured by an agency or instrumentality of the
United States, or are fully supported by collat-
eral to ensure protection of the funds, even in the
event of a bank failure.
‘‘(c) RECOVERIES.—Funds received under this part
shall not be taken into consideration by any Federal agency
for the purposes of making underrecovery and overrecovery
determinations for any other funds, from whatever source
derived.
‘‘(d) PAYMENTS BY STATES.—
1430
HR 1 EAS
‘‘(1) IN GENERAL.—With respect to a school that
receives assistance under this part, a State shall
not—
‘‘(A) take into account the amount of such
assistance in determining the amount of funds
that such school is eligible to receive under appli-
cable State law; or
‘‘(B) reduce any State payments that such
school is eligible to receive under applicable
State law because of the assistance received by
the school under this part.
‘‘(2) VIOLATIONS.—
‘‘(A) IN GENERAL.—Upon receipt of any in-
formation from any source that a State is in
violation of paragraph (1), the Secretary shall
immediately, but in no case later than 90 days
after the receipt of such information, conduct an
investigation and make a determination of
whether such violation has occurred.
‘‘(B) DETERMINATION.—If the Secretary
makes a determination under subparagraph (A)
that a State has violated paragraph (1), the Sec-
retary shall inform the Secretary of Education of
such determination and the basis for the deter-
mination. The Secretary of Education shall, in
1431
HR 1 EAS
an expedient manner, pursue penalties under
paragraph (3) with respect to the State.
‘‘(3) PENALTIES.—A State determined to have
violated paragraph (1) shall be subject to penalties
similar to the penalties described in section 8809(e)
of the Elementary and Secondary Education Act of
1965 for a violation of title VIII of such Act.
‘‘SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSIST-
ANCE ACT.
‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—
The following provisions of the Indian Self-Determination
and Education Assistance Act (and any subsequent revi-
sions thereto or renumbering thereof), shall apply to grants
provided under this part and the schools funded under such
grants:
‘‘(1) Section 5(f) (relating to single agency au-
dits).
‘‘(2) Section 6 (relating to criminal activities;
penalties).
‘‘(3) Section 7 (relating to wage and labor stand-
ards).
‘‘(4) Section 104 (relating to retention of Federal
employee coverage).
1432
HR 1 EAS
‘‘(5) Section 105(f) (relating to Federal prop-
erty).
‘‘(6) Section 105(k) (relating to access to Federal
sources of supply).
‘‘(7) Section 105(l) (relating to lease of facility
used for administration and delivery of services).
‘‘(8) Section 106(f) (relating to limitation on
remedies relating to cost disallowances).
‘‘(9) Section 106(j) (relating to use of funds for
matching or cost participation requirements).
‘‘(10) Section 106(k) (relating to allowable uses
of funds).
‘‘(11) The portions of section 108(c) that consist
of model agreements provisions 1(b)(5) (relating to
limitations of costs), 1(b)(7) (relating to records and
monitoring), 1(b)(8) (relating to property), and
1(b)(9) (relating to availability of funds).
‘‘(12) Section 109 (relating to reassumption).
‘‘(13) Section 111 (relating to sovereign immu-
nity and trusteeship rights unaffected).
‘‘(b) ELECTION FOR GRANT IN LIEU OF CONTRACT.—
‘‘(1) IN GENERAL.—A contractor that carries out
an activity to which this part applies and who has
entered into a contract under the Indian Self-Deter-
mination and Education Assistance Act that is in ef-
1433
HR 1 EAS
fect on the date of enactment of the Native American
Education Improvement Act of 2001 may, by giving
notice to the Secretary, elect to receive a grant under
this part in lieu of such contract and to have the pro-
visions of this part apply to such activity.
‘‘(2) EFFECTIVE DATE OF ELECTION.—Any elec-
tion made under paragraph (1) shall take effect on
the first day of July immediately following the date
of such election.
‘‘(3) EXCEPTION.—In any case in which the first
day of July immediately following the date of an elec-
tion under paragraph (1) is less than 60 days after
such election, such election shall not take effect until
the first day of July of year following the year in
which the election is made.
‘‘(c) NO DUPLICATION.—No funds may be provided
under any contract entered into under the Indian Self-De-
termination and Education Assistance Act to pay any ex-
penses incurred in providing any program or services if
a grant has been made under this part to pay such expenses.
‘‘(d) TRANSFERS AND CARRYOVERS.—
‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATE-
RIALS.—A tribe or tribal organization assuming the
operation of—
1434
HR 1 EAS
‘‘(A) a Bureau school with assistance under
this part shall be entitled to the transfer or use
of buildings, equipment, supplies, and materials
to the same extent as if the tribe or tribal orga-
nization were contracting under the Indian Self-
Determination and Education Assistance Act; or
‘‘(B) a contract school with assistance under
this part shall be entitled to the transfer or use
of buildings, equipment, supplies, and materials
that were used in the operation of the contract
school to the same extent as if the tribe or tribal
organization were contracting under such Act.
‘‘(2) FUNDS.—Any tribe or tribal organization
that assumes operation of a Bureau school with as-
sistance under this part and any tribe or tribal orga-
nization that elects to operate a school with assistance
under this part rather than to continue to operate the
school as a contract school shall be entitled to any
funds that would remain available from the previous
fiscal year if such school remained a Bureau school
or was operated as a contract school, respectively.
‘‘(3) FUNDING
FOR
SCHOOL
IMPROVEMENT.—
Any tribe or tribal organization that assumes oper-
ation of a Bureau school or a contract school with as-
sistance under this part shall be eligible for funding
1435
HR 1 EAS
for the improvement, alteration, replacement, and re-
pair of facilities to the same extent as a Bureau
school.
‘‘(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—
‘‘(1) IN GENERAL.—Any exception or problem
cited in an audit conducted pursuant to section
5207(b)(1)(B), any dispute regarding a grant author-
ized to be made pursuant to this part or any modi-
fication of such grant, and any dispute involving an
administrative cost grant under section 1127 of the
Education Amendments of 1978, shall be adminis-
tered under the provisions governing such exceptions,
problems, or disputes described in this paragraph in
the case of contracts under the Indian Self-Deter-
mination and Education Assistance Act.
‘‘(2) ADMINISTRATIVE APPEALS.—The Equal Ac-
cess to Justice Act (as amended) and the amendments
made by such Act, including section 504 of title 5,
and section 2412 of title 28, United States Code, shall
apply to an administrative appeal filed after Sep-
tember 8, 1988, by a grant recipient regarding a
grant provided under this part, including an admin-
istrative cost grant.
1436
HR 1 EAS
‘‘SEC. 5210. ROLE OF THE DIRECTOR.
‘‘Applications for grants under this part, and all
modifications to the applications, shall be reviewed and ap-
proved by personnel under the direction and control of the
Director of the Office of Indian Education Programs. Re-
ports required under this part shall be submitted to edu-
cation personnel under the direction and control of the Di-
rector of such Office.
‘‘SEC. 5211. REGULATIONS.
‘‘The Secretary is authorized to issue regulations relat-
ing to the discharge of duties specifically assigned to the
Secretary in this part. For all other matters relating to the
details of planning, developing, implementing, and evalu-
ating grants under this part, the Secretary shall not issue
regulations.
‘‘SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL
ENDOWMENT PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT.—Each school receiving a
grant under this part may establish, at a federally
insured financial institution, a trust fund for the
purposes of this section.
‘‘(2) DEPOSITS
AND
USE.—The school may
provide—
‘‘(A) for deposit into the trust fund, only
funds from non-Federal sources, except that the
1437
HR 1 EAS
interest on funds received from grants provided
under this part may be used for that purpose;
‘‘(B) for deposit into the trust fund, any
earnings on funds deposited in the fund; and
‘‘(C) for the sole use of the school any
noncash, in-kind contributions of real or per-
sonal property, which may at any time be used,
sold, or otherwise disposed of.
‘‘(b) INTEREST.—Interest from the fund established
under subsection (a) may periodically be withdrawn and
used, at the discretion of the school, to defray any expenses
associated with the operation of the school consistent with
the purposes of this Act.
‘‘SEC. 5213. DEFINITIONS.
‘‘In this part:
‘‘(1) BUREAU.—The term ‘Bureau’ means the
Bureau of Indian Affairs of the Department of the In-
terior.
‘‘(2) ELIGIBLE INDIAN STUDENT.—The term ‘eli-
gible Indian student’ has the meaning given such
term in section 1126(f) of the Education Amendments
of 1978.
‘‘(3) INDIAN.—The term ‘Indian’ means a mem-
ber of an Indian tribe, and includes individuals who
1438
HR 1 EAS
are eligible for membership in a tribe, and the child
or grandchild of such an individual.
‘‘(4) INDIAN
TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including an Alaska Na-
tive Village Corporation or Regional Corporation (as
defined in or established pursuant to the Alaskan Na-
tive Claims Settlement Act), which is recognized as el-
igible for the special programs and services provided
by the United States to Indians because of their sta-
tus as Indians.
‘‘(5) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ means a public board of
education or other public authority legally constituted
within a State for either administrative control or di-
rection of, or to perform a service function for, public
elementary schools or secondary schools in a city,
county, township, school district, or other political
subdivision of a State or such combination of school
districts or counties as are recognized in a State as
an administrative agency for the State’s public ele-
mentary schools or secondary schools. Such term in-
cludes any other public institution or agency having
administrative control and direction of a public ele-
mentary school or secondary school.
1439
HR 1 EAS
‘‘(6) SECRETARY.—The term ‘Secretary’ means
the Secretary of the Interior.
‘‘(7) TRIBAL GOVERNING BODY.—The term ‘trib-
al governing body’ means, with respect to any school
that receives assistance under this Act, the recognized
governing body of the Indian tribe involved.
‘‘(8) TRIBAL ORGANIZATION.—
‘‘(A) IN GENERAL.—The term ‘tribal orga-
nization’ means—
‘‘(i) the recognized governing body of
any Indian tribe; or
‘‘(ii) any legally established organiza-
tion of Indians that—
‘‘(I) is controlled, sanctioned, or
chartered by such governing body or is
democratically elected by the adult
members of the Indian community to
be served by such organization; and
‘‘(II) includes the maximum par-
ticipation of Indians in all phases of
the organization’s activities.
‘‘(B) AUTHORIZATION.—In any case in
which a grant is provided under this part to an
organization to provide services through a trib-
ally controlled school benefiting more than 1 In-
1440
HR 1 EAS
dian tribe, the approval of the governing bodies
of Indian tribes representing 80 percent of the
students attending the tribally controlled school
shall be considered a sufficient tribal authoriza-
tion for such grant.
‘‘(9) TRIBALLY CONTROLLED SCHOOL.—The term
‘tribally controlled school’ means a school that—
‘‘(A) is operated by an Indian tribe or a
tribal organization, enrolling students in kinder-
garten through grade 12, including a preschool;
‘‘(B) is not a local educational agency; and
‘‘(C) is not directly administered by the Bu-
reau of Indian Affairs.’’.
SEC. 1222. LEASE PAYMENTS BY THE OJIBWA INDIAN
SCHOOL.
(a) IN GENERAL.—Notwithstanding the Tribally Con-
trolled Schools Act of 1988 (25 U.S.C. 2501 et seq.), or the
regulations promulgated under such Act, the Ojibwa Indian
School located in Belcourt, North Dakota, may use amounts
received under such Act to enter into, and make payments
under, a lease described in subsection (b).
(b) LEASE.—A lease described in this subsection is a
lease that—
1441
HR 1 EAS
(1) is entered into by the Ojibwa Indian School
for the use of facilities owned by St. Ann’s Catholic
Church located in Belcourt, North Dakota;
(2) is entered into in the 2001–2002 school year,
or any other school year in which the Ojibwa Indian
School will use such facilities for school purposes;
(3) requires lease payments in an amount deter-
mined appropriate by an independent lease appraiser
that is selected by the parties to the lease, except that
such amount may not exceed the maximum amount
per square foot that is being paid by the Bureau of
Indian Affairs for other similarly situated Indian
schools under the Indian Self-Determination and
Education Assistance Act (Public Law 93–638); and
(4) contains a waiver of the right of St. Ann’s
Catholic Church to bring an action against the Ojib-
wa Indian School, the Turtle Mountain Band of
Chippewa, or the Federal Government for the recovery
of any amounts remaining unpaid under leases en-
tered into prior to the date of enactment of this Act.
(c) METHOD OF FUNDING.—Amounts shall be made
available by the Bureau of Indian Affairs to make lease
payments under this section in the same manner as
amounts are made available to make payments under leases
entered into by Indian schools under the Indian Self-Deter-
1442
HR 1 EAS
mination and Education Assistance Act (Public Law 93–
638).
(d) OPERATION AND MAINTENANCE FUNDING.—The
Bureau of Indian Affairs shall provide funding for the oper-
ation and maintenance of the facilities and property used
by the Ojibwa Indian School under the lease entered into
under subsection (a) so long as such facilities and property
are being used by the School for educational purposes.
SEC. 1223. ENROLLMENT AND GENERAL ASSISTANCE PAY-
MENTS.
Section 5404(a) of the Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Improvement
Amendments Act of 1988 (25 U.S.C. 13d–2(a)) is
amended—
(1) by striking the matter preceding paragraph
(1) and inserting the following:
‘‘(a) IN GENERAL.—The Secretary of the Interior shall
not disqualify from continued receipt of general assistance
payments from the Bureau of Indian Affairs an otherwise
eligible Indian for whom the Bureau is making or may
make general assistance payments (or exclude such an indi-
vidual from continued consideration in determining the
amount of general assistance payments for a household) be-
cause the individual is enrolled (and is making satisfactory
progress toward completion of a program or training that
1443
HR 1 EAS
can reasonably be expected to lead to gainful employment)
for 
at 
least 
half-time 
study 
or 
training
in—’’; and
(2) by striking paragraph (4), and inserting the
following:
‘‘(4) other programs or training approved by the
Secretary or by tribal education, employment or
training programs.’’.
TITLE XIII—EQUAL ACCESS TO
PUBLIC SCHOOL FACILITIES
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘‘Boy Scouts of America
Equal Access Act’’.
SEC. 1302. EQUAL ACCESS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no funds made available through the Depart-
ment of Education shall be provided to any public elemen-
tary school, public secondary school, local educational agen-
cy, or State educational agency, if the school or a school
served by the agency—
(1) has a designated open forum; and
(2) denies equal access or a fair opportunity to
meet to, or discriminates against, any group affili-
ated with the Boy Scouts of America or any other
youth group listed in title 36 of the United States
1444
HR 1 EAS
Code as a patriotic society, that wishes to conduct a
meeting within that designated open forum, on the
basis of the membership or leadership criteria of the
Boy Scouts of America or of the youth group that
prohibit the acceptance of homosexuals, or individuals
who reject the Boy Scouts’ or the youth group’s oath
of allegiance to God and country, as members or lead-
ers.
(b) TERMINATION OF ASSISTANCE AND OTHER AC-
TION.—
(1) DEPARTMENTAL ACTION.—The Secretary is
authorized and directed to effectuate subsection (a) by
issuing, and securing compliance with, rules or orders
with respect to a public school or agency that receives
funds made available through the Department of Edu-
cation and that denies equal access, or a fair oppor-
tunity to meet, or discriminates, as described in sub-
section (a).
(2) PROCEDURE.—The Secretary shall issue and
secure compliance with the rules or orders, under
paragraph (1), in a manner consistent with the pro-
cedure used by a Federal department or agency under
section 602 of the Civil Rights Act of 1964 (42 U.S.C.
2000d–1).
1445
HR 1 EAS
(3) JUDICIAL REVIEW.—Any action taken by the
Secretary under paragraph (1) shall be subject to the
judicial review described in section 603 of that Act
(42 U.S.C. 2000d–2). Any person aggrieved by the ac-
tion may obtain that judicial review in the manner,
and to the extent, provided in section 603 of that Act.
(c) DEFINITIONS AND RULE.—
(1) DEFINITIONS.—In this section:
(A) ELEMENTARY
SCHOOL; LOCAL
EDU-
CATIONAL AGENCY; SECONDARY SCHOOL; STATE
EDUCATIONAL AGENCY.—The terms ‘‘elementary
school’’, ‘‘local educational agency’’, ‘‘secondary
school’’, and ‘‘State educational agency’’ have the
meanings given the terms in section 3 of the Ele-
mentary and Secondary Education Act of 1965.
(B) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of Education, acting
through the Assistant Secretary for Civil Rights
of the Department of Education.
(C) YOUTH
GROUP.—The term ‘‘youth
group’’ means any group or organization in-
tended to serve young people under the age of 21
and which is listed in title 36 of the United
States Code as a patriotic society.
1446
HR 1 EAS
(2) RULE.—For purposes of this section, an ele-
mentary school or secondary school has a designated
open forum whenever the school involved grants an of-
fering to or opportunity for 1 or more youth or com-
munity groups to meet on school premises or in school
facilities before or after the hours during which at-
tendance at the school is compulsory.
SEC. 1303. EFFECTIVE DATE.
This title takes effect 1 day after the date of enactment
of this Act.
TITLE XIV—INDIVIDUALS WITH
DISABILITIES
SEC. 1401. DISCIPLINE.
Section 615 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1415) is amended by adding at the
end the following:
‘‘(n) UNIFORM POLICIES.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2),
and notwithstanding any other provision of this Act,
a State educational agency or local educational agen-
cy may establish and implement uniform policies re-
garding discipline and order applicable to all chil-
dren under the jurisdiction of the agency to ensure the
safety of such children and an appropriate edu-
1447
HR 1 EAS
cational atmosphere in the schools under the jurisdic-
tion of the agency.
‘‘(2) LIMITATION.—
‘‘(A) IN
GENERAL.—A child with a dis-
ability who is removed from the child’s regular
educational placement under paragraph (1) shall
receive a free appropriate public education which
may be provided in an alternative educational
setting if the behavior that led to the child’s re-
moval is a manifestation of the child’s disability,
as determined under subparagraphs (B) and (C)
of subsection (k)(4).
‘‘(B) MANIFESTATION
DETERMINATION.—
The manifestation determination shall be made
immediately, if possible, but in no case later
than 10 school days after school personnel decide
to remove the child with a disability from the
child’s regular educational placement.
‘‘(C) DETERMINATION THAT BEHAVIOR WAS
NOT MANIFESTATION OF DISABILITY.—If the re-
sult of the manifestation review is a determina-
tion that the behavior of the child with a dis-
ability was not a manifestation of the child’s
disability, appropriate school personnel may
apply to the child the same relevant disciplinary
1448
HR 1 EAS
procedures as would apply to children without a
disability.’’ .
SEC. 1402. PROCEDURAL SAFEGUARDS.
Section 615 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1415) (as amended by section 1401)
is amended by adding at the end the following:
‘‘(o) DISCIPLINE DETERMINATIONS
BY LOCAL AU-
THORITY.—
‘‘(1) INDIVIDUAL
DETERMINATIONS.—In car-
rying out any disciplinary policy described in sub-
section (n)(1), school personnel shall have discretion
to consider all germane factors in each individual
case and modify any disciplinary action on a case-
by-case basis.
‘‘(2) DEFENSE.—Nothing in subsection (n) pre-
cludes a child with a disability who is disciplined
under such subsection from asserting a defense that
the alleged act was unintentional or innocent.
‘‘(3) LIMITATION.—
‘‘(A) REVIEW
OF
MANIFESTATION
DETER-
MINATION.—If the parents or the local edu-
cational agency disagree with a manifestation
determination under subsection (n)(2), the par-
ents or the agency may request a review of that
1449
HR 1 EAS
determination through the procedures described
in subsections (f) through (i).
‘‘(B) PLACEMENT
DURING
REVIEW.—Dur-
ing the course of any review proceedings under
subparagraph (A), the child shall receive a free
appropriate public education which may be pro-
vided in an alternative educational placement.’’.
SEC. 1403. ALTERNATIVE EDUCATION FOR CHILDREN WITH
DISABILITIES.
(a) IN GENERAL.—At the written request of a parent
(as defined in section 602(19)(A) of the Individuals with
Disabilities Education Act) of a child with a disability (as
defined in section 602(3) of such Act), a local educational
agency in which the child resides, or a State educational
agency that is responsible for educating the child, may
transfer the child to any accredited school that—
(1) is specifically designed to serve children with
disabilities;
(2) is selected by the child’s parents;
(3) agrees to accept the child; and
(4) carries out a program that the local edu-
cational agency, or State educational agency, if ap-
propriate, determines will benefit the child.
(b) PAYMENT TO SCHOOL; LIMITATION ON FURTHER
RESPONSIBILITY.—
1450
HR 1 EAS
(1) IN GENERAL.—For each year for which a
child with a disability attends a school pursuant to
subsection (a), the local educational agency or State
educational agency shall pay the school, from
amounts available to the agency under part B of the
Individuals with Disabilities Education Act, an
amount equal to the per-pupil expenditure for all
children in its public elementary and secondary
schools, or, in the case of a State educational agency,
the average per-pupil expenditure for the State, as de-
fined in section 3(2) of the Elementary and Sec-
ondary Education Act of 1965.
(2) TRANSFER.—Notwithstanding any other pro-
vision of law, a local educational agency or State
educational agency that transfers a child with a dis-
ability to a school under subsection (a) shall have no
other responsibility for the education of the child
while the child attends that school.
(c) USE OF FUNDS; ADDITIONAL CHARGES TO PAR-
ENTS.—A school receiving funds under subsection (b)(1)—
(1) shall use the funds only to meet the costs of
the child’s attendance at the school; and
(2) may, notwithstanding any other provision of
law, charge the child’s parents for the costs of the
1451
HR 1 EAS
child’s attendance at the school that exceed the
amount of those funds.
TITLE XV—EQUAL ACCESS TO
PUBLIC SCHOOL FACILITIES
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Equal Access to Public
School Facilities Act’’.
SEC. 1502. EQUAL ACCESS.
No public elementary school, public secondary school,
local educational agency, or State educational agency may
deny equal access or a fair opportunity to meet after school
in a designated open forum to any youth group listed in
title 36 of the United States Code as a patriotic society,
including the Boy Scouts of America, based on that group’s
favorable or unfavorable position concerning sexual orienta-
tion.
TITLE 
XVI—EDUCATION 
PRO-
GRAMS 
OF 
NATIONAL 
SIG-
NIFICANCE
SEC. 1601. AMENDMENT TO THE ELEMENTARY AND SEC-
ONDARY EDUCATION ACT OF 1965.
The Act (20 U.S.C. 6301 et seq.) is amended by adding
at the end the following:
1452
HR 1 EAS
‘‘TITLE 
XI—EDUCATION 
PRO-
GRAMS 
OF 
NATIONAL 
SIG-
NIFICANCE
‘‘PART A—READING IS FUNDAMENTAL—
INEXPENSIVE BOOK DISTRIBUTION PROGRAM
‘‘SEC. 11101. INEXPENSIVE BOOK DISTRIBUTION PROGRAM
FOR READING MOTIVATION.
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish and implement a model partnership between a gov-
ernmental entity and a private entity, to help prepare
young children for reading and motivate older children to
read, through the distribution of inexpensive books. Local
reading motivation programs assisted under this section
shall use such assistance to provide books, training for vol-
unteers, motivational activities, and other essential literacy
resources, and shall assign the highest priority to serving
the youngest and neediest children in the United States.
‘‘(b) AUTHORIZATION.—The Secretary is authorized to
enter into a contract with Reading Is Fundamental (RIF)
(hereafter in this section referred to as ‘the contractor’) to
support and promote programs, which include the distribu-
tion of inexpensive books to young and school age children,
that motivate children to read.
‘‘(c) REQUIREMENTS OF CONTRACT.—Any contract en-
tered into under subsection (b) shall—
1453
HR 1 EAS
‘‘(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of read-
ing motivation programs that include the distribution
of books, by gift, to the extent feasible, or loan, to chil-
dren from birth through secondary school age, includ-
ing those in family literacy programs;
‘‘(2) provide that funds made available to sub-
contractors will be used only to pay the Federal share
of the cost of such programs;
‘‘(3) provide that in selecting subcontractors for
initial funding, the contractor will give priority to
programs that will serve a substantial number or per-
centage of children with special needs, such as—
‘‘(A) low-income children, particularly in
high-poverty areas;
‘‘(B) children at risk of school failure;
‘‘(C) children with disabilities;
‘‘(D) foster children;
‘‘(E) homeless children;
‘‘(F) migrant children;
‘‘(G) children without access to libraries;
1455
HR 1 EAS
‘‘(e) SPECIAL RULES
FOR CERTAIN SUBCONTRAC-
TORS.—
‘‘(1) FUNDS FROM OTHER FEDERAL SOURCES.—
Subcontractors operating programs under this section
in low-income communities with a substantial num-
ber or percentage of children with special needs, as
described in subsection (c)(3), may use funds from
other Federal sources to pay the non-Federal share of
the cost of the program, if those funds do not comprise
more than 50 percent of the non-Federal share of the
funds used for the cost of acquiring and distributing
books.
‘‘(2) WAIVER AUTHORITY.—Notwithstanding sub-
section (c), the contractor may waive, in whole or in
part, the requirement in subsection (c)(1) for a sub-
contractor, if the subcontractor demonstrates that it
would otherwise not be able to participate in the pro-
gram, and enters into an agreement with the con-
tractor with respect to the amount of the non-Federal
share to which the waiver will apply. In a case in
which such a waiver is granted, the requirement in
subsection (c)(2) shall not apply.
‘‘(f) MULTI-YEAR CONTRACTS.—The contractor may
enter into a multi-year subcontract under this section, if—
1456
HR 1 EAS
‘‘(1) the contractor believes that such subcontract
will provide the subcontractor with additional lever-
age in seeking local commitments; and
‘‘(2) the subcontract does not undermine the fi-
nances of the national program.
‘‘(g) DEFINITION OF FEDERAL SHARE.—For the pur-
pose of this section, the term ‘Federal share’ means, with
respect to the cost to a subcontractor of purchasing books
to be paid under this section, 75 percent of such costs to
the subcontractor, except that the Federal share for pro-
grams serving children of migrant or seasonal farmworkers
shall be 100 percent of such costs to the subcontractor.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $25,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 6 succeeding
fiscal years.
‘‘PART B—NATIONAL WRITING PROJECT
‘‘SEC. 11151. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the United States faces a continuing crisis
in writing in schools and in the workplace;
‘‘(2) the writing problem has been magnified by
the rapidly changing student population, the growing
number of at-risk students due to limited English
1457
HR 1 EAS
proficiency, the shortage of adequately trained teach-
ers, and the specialized knowledge required of teachers
to teach students with special needs who are now part
of mainstream classrooms;
‘‘(3) nationwide reports from universities and
colleges show that entering students are unable to
meet the demands of college level writing, almost all
2-year institutions of higher education offer remedial
writing courses, and three-quarters of public 4-year
institutions of higher education and half of all pri-
vate 4-year institutions of higher education must pro-
vide remedial courses in writing;
‘‘(4) American businesses and corporations are
concerned about the limited writing skills of both
entry-level workers and executives whose promotions
are denied due to inadequate writing abilities;
‘‘(5) writing is fundamental to learning, includ-
ing learning to read, yet writing has been neglected
historically in schools and in teacher training institu-
tions;
‘‘(6) writing is a central feature in State and
school district education standards in all disciplines;
‘‘(7) since 1973, the only national program to
address the writing problem in the Nation’s schools
has been the National Writing Project, a network of
1458
HR 1 EAS
collaborative university-school programs, the goals of
which are to improve student achievement in writing
and student learning through improving the teaching
and uses of writing at all grade levels and in all dis-
ciplines;
‘‘(8) the National Writing Project is a nationally
recognized and honored nonprofit organization that
improves the quality of teaching and teachers through
developing teacher-leaders who teach other teachers in
summer and school year programs;
‘‘(9) evaluations of the National Writing Project
document the positive impact the project has had on
improving the teaching of writing, student perform-
ance in writing, and student learning;
‘‘(10) the National Writing Project has become a
model for programs to improve teaching in such other
fields as mathematics, science, history, reading and
literature, performing arts, and foreign languages;
‘‘(11) each year, over 150,000 participants ben-
efit from National Writing Project programs in 1 of
156 United States sites located in 46 States and the
Commonwealth of Puerto Rico; and
‘‘(12) the National Writing Project is a cost-ef-
fective program and leverages over 6 dollars for every
1 Federal dollar.
1459
HR 1 EAS
‘‘(b) PURPOSE.—It is the purpose of this part—
‘‘(1) to support and promote the expansion of the
National Writing Project network of sites so that
teachers in every region of the United States will have
access to a National Writing Project program;
‘‘(2) to ensure the consistent high quality of the
sites through ongoing review, evaluation and technical
assistance;
‘‘(3) to support and promote the establishment of
programs to disseminate effective practices and re-
search findings about the teaching of writing; and
‘‘(4) to coordinate activities assisted under this
part with activities assisted under this Act.
‘‘SEC. 11152. NATIONAL WRITING PROJECT.
‘‘(a) AUTHORIZATION.—The Secretary is authorized to
award a grant to the National Writing Project, a nonprofit
educational organization that has as its primary purpose
the improvement of the quality of student writing and
learning (hereafter in this section referred to as the ‘grant-
ee’) to improve the teaching of writing and the use of writ-
ing as a part of the learning process in our Nation’s class-
rooms.
‘‘(b) REQUIREMENTS OF GRANT.—The grant shall pro-
vide that—
1460
HR 1 EAS
‘‘(1) the grantee will enter into contracts with
institutions of higher education or other nonprofit
educational providers (hereafter in this section re-
ferred to as ‘contractors’) under which the contractors
will agree to establish, operate, and provide the non-
Federal share of the cost of teacher training programs
in effective approaches and processes for the teaching
of writing;
‘‘(2) funds made available by the Secretary to
the grantee pursuant to any contract entered into
under this section will be used to pay the Federal
share of the cost of establishing and operating teacher
training programs as provided in paragraph (1); and
‘‘(3) the grantee will meet such other conditions
and standards as the Secretary determines to be nec-
essary to assure compliance with the provisions of
this section and will provide such technical assistance
as may be necessary to carry out the provisions of
this section.
‘‘(c) TEACHER TRAINING PROGRAMS.—The teacher
training programs authorized in subsection (a) shall—
‘‘(1) be conducted during the school year and
during the summer months;
‘‘(2) train teachers who teach grades kinder-
garten through college;
1461
HR 1 EAS
‘‘(3) select teachers to become members of a Na-
tional Writing Project teacher network whose mem-
bers will conduct writing workshops for other teachers
in the area served by each National Writing Project
site; and
‘‘(4) encourage teachers from all disciplines to
participate in such teacher training programs.
‘‘(d) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) or (3) and for purposes of subsection (a),
the term ‘Federal share’ means, with respect to the
costs of teacher training programs authorized in sub-
section (a), 50 percent of such costs to the contractor.
‘‘(2) WAIVER.—The Secretary may waive the
provisions of paragraph (1) on a case-by-case basis if
the National Advisory Board described in subsection
(e) determines, on the basis of financial need, that
such waiver is necessary.
‘‘(3) MAXIMUM.—The Federal share of the costs
of teacher training programs conducted pursuant to
subsection (a) may not exceed $100,000 for any one
contractor, or $200,000 for a statewide program ad-
ministered by any one contractor in at least 5 sites
throughout the State.
‘‘(e) NATIONAL ADVISORY BOARD.—
1462
HR 1 EAS
‘‘(1) ESTABLISHMENT.—The National Writing
Project shall establish and operate a National Advi-
sory Board.
‘‘(2) COMPOSITION.—The National Advisory
Board established pursuant to paragraph (1) shall
consist of—
‘‘(A) national educational leaders;
‘‘(B) leaders in the field of writing; and
‘‘(C) such other individuals as the National
Writing Project determines necessary.
‘‘(3) DUTIES.—The National Advisory Board es-
tablished pursuant to paragraph (1) shall—
‘‘(A) advise the National Writing Project on
national issues related to student writing and
the teaching of writing;
‘‘(B) review the activities and programs of
the National Writing Project; and
‘‘(C) support the continued development of
the National Writing Project.
‘‘(f) EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall conduct
an independent evaluation by grant or contract of the
teacher training programs administered pursuant to
this part. Such evaluation shall specify the amount of
funds expended by the National Writing Project and
1463
HR 1 EAS
each contractor receiving assistance under this section
for administrative costs. The results of such evalua-
tion shall be made available to the appropriate com-
mittees of Congress.
‘‘(2) FUNDING LIMITATION.—The Secretary shall
reserve not more than $150,000 from the total amount
appropriated pursuant to the authority of subsection
(h) for fiscal year 2002 and the 6 succeeding fiscal
years to conduct the evaluation described in para-
graph (1).
‘‘(g) APPLICATION REVIEW.—
‘‘(1) REVIEW
BOARD.—The National Writing
Project shall establish and operate a National Review
Board that shall consist of—
‘‘(A) leaders in the field of research in writ-
ing; and
‘‘(B) such other individuals as the National
Writing Project deems necessary.
‘‘(2) DUTIES.—The National Review Board
shall—
‘‘(A) review all applications for assistance
under this subsection; and
‘‘(B) recommend applications for assistance
under this subsection for funding by the National
Writing Project.
1464
HR 1 EAS
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for the grant to the Na-
tional Writing Project, $15,000,000 for fiscal year 2002,
and such sums as may be necessary for each of the 6 suc-
ceeding fiscal years, to carry out the provisions of this sec-
tion.
‘‘PART C—READY TO LEARN; READY TO TEACH
‘‘Subpart 1—Ready to Learn
‘‘SEC. 11201. SHORT TITLE; FINDINGS.
‘‘(a) SHORT TITLE.—This part may be cited as the
‘Ready to Learn, Ready to Teach Act of 2001’.
‘‘(b) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) In 1994, Congress and the Department col-
laborated to make a long-term, meaningful and public
investment in the principle that high quality pre-
school television programming will help children be
ready to learn by the time the children entered first
grade.
‘‘(2) The Ready to Learn Television Program
through the Public Broadcasting Service (PBS) and
local public television stations has proven to be an ex-
tremely cost-effective national response to improving
early childhood cognitive development and helping
parents, caregivers, and professional child care pro-
1465
HR 1 EAS
viders learn how to use television as a means to help
children learn and develop social skills and values.
‘‘(3) Independent research shows that parents
who participate in Ready to Learn workshops are
more selective of the programs that they choose for
their children, limit the number of hours of television
viewing of their children, and use the television pro-
grams as a catalyst for learning.
‘‘(4) The Ready to Learn (RTL) Television Pro-
gram is supporting and creating commercial-free
broadcast programs for young children that are of the
highest possible educational quality.
‘‘(5) Through the Nation’s 350 local public tele-
vision stations, these programs and other program-
ming elements reach tens of millions of children, their
parents, and caregivers without regard to their eco-
nomic circumstances, location, or access to cable. Pub-
lic television is a partner with Federal policy to make
television an instrument of preschool children’s edu-
cation and early development.
‘‘(6) The Ready to Learn Television Program
supports thousands of local workshops organized and
run by local public television stations, child care serv-
ice providers, Head Start Centers, Even Start family
literacy centers and schools. These workshops have
1466
HR 1 EAS
trained 630,587 parents and professionals who, in
turn, serve and support over 6,312,000 children across
the Nation.
‘‘(7) The Ready to Learn Television Program
has published and distributed a periodic magazine
entitled ‘PBS Families’ that contains developmentally
appropriate material to strengthen reading skills and
enhance family literacy.
‘‘(8) Ready to Learn Television stations also
have distributed millions of age-appropriate books in
their communities. Each station receives a minimum
of 300 books each month for free local distribution.
Some stations are now distributing more than 1,000
books per month. Nationwide, more than 653,494
books have been distributed in low-income and dis-
advantaged neighborhoods free of charge.
‘‘(9) Demand for Ready To Learn Television
Program outreach and training has increased from
10 Public Broadcasting Service stations to 133 sta-
tions in 5 years. This growth has put a strain on
available resources resulting in an inability to meet
the demand for the service and to reach all the chil-
dren who would benefit from the service.
‘‘(10) Federal policy played a crucial role in the
evolution of analog television by funding the tele-
1467
HR 1 EAS
vision program entitled ‘Sesame Street’ in the 1960’s.
Federal policy should continue to play an equally
crucial role for children in the digital television age.
‘‘SEC. 11202. READY TO LEARN.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to eligible entities described in section
11203(b) to develop, produce, and distribute educational
and instructional video programming for preschool and ele-
mentary school children and their parents in order to facili-
tate the achievement of the National Education Goals.
‘‘(b) AVAILABILITY.—In making such grants, the Sec-
retary shall ensure that eligible entities make programming
widely available, with support materials as appropriate, to
young children, their parents, child care workers, and Head
Start providers to increase the effective use of such program-
ming.
‘‘SEC. 11203. EDUCATIONAL PROGRAMMING.
‘‘(a) AWARDS.—The Secretary shall award grants
under section 11202 to eligible entities to—
‘‘(1) facilitate the development directly, or
through contracts with producers of children and fam-
ily educational television programming, of—
‘‘(A) educational programming for preschool
and elementary school children; and
1468
HR 1 EAS
‘‘(B) accompanying support materials and
services that promote the effective use of such
programming;
‘‘(2) facilitate the development of programming
and digital content especially designed for nationwide
distribution over public television stations’ digital
broadcasting channels and the Internet, containing
Ready to Learn-based children’s programming and
resources for parents and caregivers; and
‘‘(3) enable eligible entities to contract with enti-
ties (such as public telecommunications entities) so
that programs developed under this section are dis-
seminated and distributed—
(A) to the widest possible audience appro-
priate to be served by the programming; and
(B) by the most appropriate distribution
technologies.
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a
grant under subsection (a), an entity shall be—
‘‘(1) a public telecommunications entity that is
able to demonstrate a capacity for the development
and national distribution of educational and instruc-
tional television programming of high quality for pre-
school and elementary school children;
1469
HR 1 EAS
‘‘(2) able to demonstrate a capacity to contract
with the producers of children’s television program-
ming for the purpose of developing educational tele-
vision programming of high quality for preschool and
elementary school children; and
‘‘(3) able to demonstrate a capacity to localize
programming and materials to meet specific State
and local needs and provide educational outreach at
the local level.
‘‘(c) CULTURAL EXPERIENCES.—Programming devel-
oped under this section shall reflect the recognition of rural
and urban cultural and ethnic diversity of the Nation’s
children and the needs of both boys and girls in preparing
young children for success in school.
‘‘SEC. 11204. DUTIES OF SECRETARY.
‘‘The Secretary is authorized—
‘‘(1) to award grants to eligible entities described
in section 11203(b), local public television stations, or
such public television stations that are part of a con-
sortium with 1 or more State educational agencies,
local educational agencies, local schools, institutions
of higher education, or community-based organiza-
tions of demonstrated effectiveness, for the purpose
of—
1470
HR 1 EAS
‘‘(A) addressing the learning needs of young
children in limited English proficient house-
holds, and developing appropriate educational
and television programming to foster the school
readiness of such children;
‘‘(B) developing programming and support
materials to increase family literacy skills
among parents to assist parents in teaching their
children and utilizing educational television pro-
gramming to promote school readiness; and
‘‘(C) identifying, supporting, and enhanc-
ing the effective use and outreach of innovative
programs that promote school readiness;
‘‘(D) developing and disseminating edu-
cation and training materials, including—
‘‘(i) interactive programs and pro-
grams adaptable to distance learning tech-
nologies that are designed to enhance knowl-
edge of children’s social and cognitive skill
development and positive adult-child inter-
actions;
‘‘(ii) teacher training and professional
development to ensure qualified caregivers;
and
1471
HR 1 EAS
‘‘(iii) support materials to promote the
effective use of materials developed under
subparagraph (B) among parents, Head
Start providers, in-home and center-based
daycare providers, early childhood develop-
ment personnel, elementary school teachers,
public libraries, and after-school program
personnel caring for preschool and elemen-
tary school children; and
‘‘(E) distributing books to low-income indi-
viduals to leverage high-quality television pro-
gramming;
‘‘(2) to establish within the Department a clear-
inghouse to compile and provide information, refer-
rals, and model program materials and programming
obtained or developed under this subpart to parents,
child care providers, and other appropriate individ-
uals or entities to assist such individuals and entities
in accessing programs and projects under this sub-
part; and
‘‘(3) to coordinate activities assisted under this
subpart with the Secretary of Health and Human
Services in order to—
‘‘(A) maximize the utilization of quality
educational programming by preschool and ele-
1472
HR 1 EAS
mentary school children, and make such pro-
gramming widely available to federally funded
programs serving such populations; and
‘‘(B) provide information to recipients of
funds under Federal programs that have major
training components for early childhood develop-
ment, including programs under the Head Start
Act and Even Start, and State training activi-
ties funded under the Child Care Development
Block Grant Act of 1990, regarding the avail-
ability and utilization of materials developed
under paragraph (1)(D) to enhance parent and
child care provider skills in early childhood de-
velopment and education.
‘‘SEC. 11205. APPLICATIONS.
‘‘Each entity desiring a grant under section 11202 or
11204 shall submit an application to the Secretary at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘SEC. 11206. REPORTS AND EVALUATION.
‘‘(a) ANNUAL REPORT TO SECRETARY.—An eligible
entity receiving funds under section 11202 shall prepare
and submit to the Secretary an annual report which con-
tains such information as the Secretary may require. At
a minimum, the report shall describe the program activities
1473
HR 1 EAS
undertaken with funds received under section 11202,
including—
‘‘(1) the programming that has been developed
directly or indirectly by the eligible entity, and the
target population of the programs developed;
‘‘(2) the support materials that have been devel-
oped to accompany the programming, and the method
by which such materials are distributed to consumers
and users of the programming;
‘‘(3) the means by which programming developed
under this section has been distributed, including the
distance learning technologies that have been utilized
to make programming available and the geographic
distribution achieved through such technologies; and
‘‘(4) the initiatives undertaken by the eligible en-
tity to develop public-private partnerships to secure
non-Federal support for the development, distribution,
and broadcast of educational and instructional pro-
gramming.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall pre-
pare and submit to the relevant committees of Congress a
biannual report which includes—
‘‘(1) a summary of activities assisted under sec-
tion 11203(a); and
1474
HR 1 EAS
‘‘(2) a description of the training materials
made available under section 11204(1)(D), the man-
ner in which outreach has been conducted to inform
parents and child care providers of the availability of
such materials, and the manner in which such mate-
rials have been distributed in accordance with such
section.
‘‘SEC. 11207. ADMINISTRATIVE COSTS.
‘‘With respect to the implementation of section 11203,
eligible entities receiving a grant from the Secretary may
use not more than 5 percent of the amounts received under
such section for the normal and customary expenses of ad-
ministering the grant.
‘‘SEC. 11208. DEFINITION.
‘‘For the purposes of this subpart, the term ‘distance
learning’ means the transmission of educational or instruc-
tional programming to geographically dispersed individ-
uals and groups via telecommunications.
‘‘SEC. 11209. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this subpart, $50,000,000 for fiscal
year 2002, and such sums as may be necessary for each
of the 6 succeeding fiscal years.
1475
HR 1 EAS
‘‘(b) FUNDING RULE.—Not less than 60 percent of the
amounts appropriated under subsection (a) for each fiscal
year shall be used to carry out section 11203.
‘‘Subpart 2—Ready to Teach
‘‘SEC. 11251. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) Since 1995, the Telecommunications Dem-
onstration Project for Mathematics (as established
under this part pursuant to the Improving America’s
Schools Act of 1994) has allowed the Public Broad-
casting Service to pioneer and refine a new model of
teacher professional development for kindergarten
through grade 12 teachers. Video modeling of stand-
ards-based lessons, combined with professionally fa-
cilitated online learning communities of teachers has
been proven to help mathematics teachers adopt and
implement standards-based practices. This integrated,
self-paced approach breaks down the isolation of class-
room teaching while making standards-based best
practices available to all participants.
‘‘(2) More than 5,800 teachers have participated
over the last 3 years in the demonstration. These
teachers have taught more than 1,500,000 students cu-
mulatively.
1476
HR 1 EAS
‘‘(3) Independent evaluations indicate that
teaching improves and students benefit as a result of
the program.
‘‘(4) The demonstration program should be ex-
panded to reach more teachers in more subject areas
under the title of Teacherline. The Teacherline Pro-
gram will link the digitized public broadcasting in-
frastructure with education networks by working with
the program’s digital membership, and Federal and
State agencies, to expand and build upon the success-
ful model and take advantage of greatly expanded ac-
cess to the Internet and technology in schools, includ-
ing digital television. The Teacherline Program will
leverage the Public Broadcasting Service’s historic re-
lationships 
with 
higher 
education 
to 
improve
preservice teacher training.
‘‘(5) Over the past several years tremendous
progress has been made in wiring classrooms, equip-
ping the classrooms with multimedia computers, and
connecting the classrooms to the Internet.
‘‘(6) There is a great need for high quality, cur-
riculum-based digital content for teachers and stu-
dents to easily access and use in order to meet State
and local standards for student performance.
1477
HR 1 EAS
‘‘(7) The congressionally appointed Web-based
Education Commission called for the development of
high quality public-private online educational content
that meets the highest standards of educational excel-
lence.
‘‘(8) Most local public television stations and
State networks provide high-quality video programs,
and teacher professional development, as a part of
their mission to serve local schools. Programs distrib-
uted by public broadcast stations are used by more
classroom teachers than any other because of their
high quality and relevance to the curriculum.
‘‘(9) Digital broadcasting can dramatically in-
crease and improve the types of services public broad-
casting stations can offer kindergarten through grade
12 schools.
‘‘SEC. 11252. PROJECT AUTHORIZED.
‘‘(a) GRANTS AUTHORIZED.—The Secretary is author-
ized to make grants to a nonprofit telecommunications enti-
ty, or partnership of such entities, for the purpose of car-
rying out a national telecommunications-based program to
improve teaching in core curriculum areas. The program
shall be designed to assist elementary school and secondary
school teachers in preparing all students for achieving State
and local content standards in core curriculum areas.
1478
HR 1 EAS
‘‘(b) PROGRAMMING.—The Secretary is also authorized
to award grants to eligible entities described in section
11254(b) to develop, produce, and distribute innovative edu-
cational and instructional video programming that is de-
signed for use by kindergarten through grade 12 schools and
based on State and local standards. In making the grants,
the Secretary shall ensure that eligible entities enter into
multiyear content development collaborative arrangements
with State educational agencies, local educational agencies,
institutions of higher education, businesses, or other agen-
cies and organizations.
‘‘SEC. 11253. APPLICATION REQUIRED.
‘‘(a) IN GENERAL.—Each nonprofit telecommuni-
cations entity, or partnership of such entities, desiring a
grant under section 11252(a) shall submit an application
to the Secretary. Each such application shall—
‘‘(1) demonstrate that the applicant will use the
public broadcasting infrastructure and school digital
networks, where available, to deliver video and data
in an integrated service to train teachers in the use
of standards-based curricula materials and learning
technologies;
‘‘(2) ensure that the project for which assistance
is sought will be conducted in cooperation with ap-
propriate State educational agencies, local edu-
1479
HR 1 EAS
cational agencies, national, State or local nonprofit
public telecommunications entities, and national edu-
cation professional associations that have developed
content standards in the subject areas;
‘‘(3) ensure that a significant portion of the ben-
efits available for elementary schools and secondary
schools from the project for which assistance is sought
will be available to schools of local educational agen-
cies which have a high percentage of children counted
for the purpose of part A of title I; and
‘‘(4) contain such additional assurances as the
Secretary may reasonably require.
‘‘(b) SITES.—In approving applications under section
11252(a), the Secretary shall ensure that the program au-
thorized by section 11252(a) is conducted at elementary
school and secondary school sites across the Nation.
‘‘(c) APPLICATION.—Each eligible entity desiring a
grant under section 11252(b) shall submit an application
to the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may reason-
ably require.
‘‘SEC. 11254. REPORTS AND EVALUATION.
‘‘An eligible entity receiving funds under section
11252(a) shall prepare and submit to the Secretary an an-
nual report which contains such information as the Sec-
1480
HR 1 EAS
retary may require. At a minimum, the report shall de-
scribed the program activities undertaken with funds re-
ceived under section 11252(a), including—
‘‘(1) the core curriculum areas for which pro-
gram activities have been undertaken and the number
of teachers using the program in each core curriculum
area; and
‘‘(2) the States in which teachers using the pro-
gram are located.
‘‘SEC. 11255. EDUCATIONAL PROGRAMMING.
‘‘(a) AWARDS.—The Secretary shall award grants
under section 11252(b) to eligible entities to facilitate the
development of educational programming that shall—
‘‘(1) include student assessment tools to give feed-
back on student performance;
‘‘(2) include built-in teacher utilization and sup-
port components to ensure that teachers understand
and can easily use the content of the programming
with group instruction or for individual student use;
‘‘(3) be created for, or adaptable to, State and
local content standards; and
‘‘(4) be capable of distribution through digital
broadcasting and school digital networks.
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a
grant under section 11252(b), an entity shall be a local pub-
1481
HR 1 EAS
lic telecommunications entity as defined by section 397(12)
of the Communications Act of 1934 that is able to dem-
onstrate a capacity for the development and distribution
of educational and instructional television programming of
high quality.
‘‘(c) COMPETITIVE
BASIS.—Grants under section
11252(b) shall be awarded on a competitive basis as deter-
mined by the Secretary.
‘‘(d) DURATION.—Each grant under section 11252(b)
shall be awarded for a period of 3 years in order to allow
time for the creation of a substantial body of significant
content.
‘‘SEC. 11256. MATCHING REQUIREMENT.
‘‘Each eligible entity desiring a grant under section
11252(b) shall contribute to the activities assisted under sec-
tion 11252(b) non-Federal matching funds equal to not less
than 100 percent of the amount of the grant. Matching
funds may include funds provided for the transition to dig-
ital broadcasting, as well as in-kind contributions.
‘‘SEC. 11257. ADMINISTRATIVE COSTS.
‘‘With respect to the implementation of section
11252(b), entities receiving a grant from the Secretary may
use not more than 5 percent of the amounts received under
the grant for the normal and customary expenses of admin-
istering the grant.
1482
HR 1 EAS
‘‘SEC. 11258. AUTHORIZATION OF APPROPRIATIONS; FUND-
ING RULES.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this subpart, $45,000,000 for the fiscal
year 2002, and such sums as may be necessary for each
of the 6 succeeding fiscal years.
‘‘(b) FUNDING RULE.—For any fiscal year in which
appropriations for section 11252 exceed the amount appro-
priated for such section for the preceding fiscal year, the
Secretary shall only award the amount of such excess minus
at least $500,000 to applicants under section 11252(b).
‘‘PART D—EDUCATION FOR DEMOCRACY
‘‘SEC. 11301. SHORT TITLE.
‘‘This part may be cited as the ‘Education for Democ-
racy Act’.
‘‘SEC. 11302. FINDINGS.
‘‘Congress finds that—
‘‘(1) college freshmen surveyed in 1999 by the
Higher Education Research Institute at the Univer-
sity of California at Los Angeles demonstrated higher
levels of disengagement, both academically and politi-
cally, than any previous entering class of students;
‘‘(2) college freshmen in 1999 demonstrated the
lowest levels of political interest in the 20-year history
of surveys conducted by the Higher Education Re-
1483
HR 1 EAS
search Institute at the University of California at Los
Angeles;
‘‘(3) United States secondary school students ex-
pressed relatively low levels of interest in politics and
economics in a 1999 Harris survey;
‘‘(4) the 32d Annual Phi Delta Kappa/Gallup
Poll of 2000 indicated that preparing students to be-
come responsible citizens was the most important pur-
pose of public schools;
‘‘(5) Americans surveyed by the Organization of
Economic Cooperation and Development indicated
that only 59 percent had confidence that schools have
a major effect on the development of good citizenship;
‘‘(6) teachers too often do not have sufficient ex-
pertise in the subjects that they teach, and half of all
secondary school history students in America are
being taught by teachers with neither a major nor a
minor in history;
‘‘(7) secondary school students correctly answered
less than half of the questions on a national test of
economic knowledge in a 1999 Harris survey;
‘‘(8) the 1998 National Assessment of Edu-
cational Progress indicated that students have only
superficial knowledge of, and lacked a depth of under-
standing regarding, civics;
1484
HR 1 EAS
‘‘(9) civic and economic education are important
not only to developing citizenship competencies in the
United States but also are critical to supporting po-
litical stability and economic health in other democ-
racies, particularly emerging democratic market
economies;
‘‘(10) more than three quarters of Americans
surveyed by the National Constitution Center in 1997
admitted that they knew only some or very little
about the Constitution of the United States; and
‘‘(11) the Constitution of the United States is too
often viewed within the context of history and not as
a living document that shapes current events.
‘‘SEC. 11303. PURPOSE.
‘‘It is the purpose of this part—
‘‘(1) to improve the quality of civics and govern-
ment education by educating students about the his-
tory and principles of the Constitution of the United
States, including the Bill of Rights;
‘‘(2) to foster civic competence and responsi-
bility; and
‘‘(3) to improve the quality of civic education
and economic education through cooperative civic
education and economic education exchange programs
with emerging democracies.
1485
HR 1 EAS
‘‘SEC. 11304. GENERAL AUTHORITY.
‘‘(a) GRANTS AND CONTRACTS.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to award grants to or enter into contracts with—
‘‘(A) the Center for Civic Education to
carry out civic education activities under sec-
tions 11305 and 11306; and
‘‘(B) the National Council on Economic
Education to carry out economic education ac-
tivities under section 11306.
‘‘(2) 
CONSULTATION.—The 
Secretary 
shall
award the grants and contracts under this part in
consultation with the Secretary of State.
‘‘(b) DISTRIBUTION.—The Secretary shall use not more
than 50 percent of the amount appropriated under section
11307(b) for each fiscal year to carry out economic edu-
cation activities under section 11306.
‘‘SEC. 11305. WE THE PEOPLE PROGRAM.
‘‘(a) THE CITIZEN AND THE CONSTITUTION.—
‘‘(1) IN GENERAL.—The Center for Civic Edu-
cation shall use funds awarded under section
11304(a)(1)(A) to carry out The Citizen and the Con-
stitution program in accordance with this subsection.
‘‘(2) EDUCATIONAL
ACTIVITIES.—The Citizen
and the Constitution program—
1486
HR 1 EAS
‘‘(A) shall continue and expand the edu-
cational 
activities 
of 
the 
‘We 
the
People . . . The Citizen and the Constitution’
program administered by the Center for Civic
Education;
‘‘(B) shall enhance student attainment of
challenging content standards in civics and gov-
ernment;
‘‘(C) shall provide a course of instruction on
the basic principles of our Nation’s constitu-
tional democracy and the history of the Constitu-
tion of the United States and the Bill of Rights;
‘‘(D) shall provide, at the request of a par-
ticipating school, school and community simu-
lated congressional hearings following the course
of study;
‘‘(E) shall provide an annual national com-
petition of simulated congressional hearings for
secondary school students who wish to partici-
pate in such a program; and
‘‘(F) shall provide—
‘‘(i) advanced sustained and ongoing
training of teachers about the Constitution
of the United States and the political sys-
tem the United States created;
1487
HR 1 EAS
‘‘(ii) materials and methods of instruc-
tion, including teacher training, that utilize
the latest advancements in educational tech-
nology; and
‘‘(iii) civic education materials and
services to address specific problems such as
the prevention of school violence and the
abuse of drugs and alcohol.
‘‘(3) AVAILABILITY OF PROGRAM.—The education
program authorized under this subsection shall be
made available to public and private elementary
schools and secondary schools, including Bureau
funded schools, in the 435 congressional districts, and
in the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
‘‘(b) PROJECT CITIZEN.—
‘‘(1) IN GENERAL.—The Center for Civic Edu-
cation shall use funds awarded under section
11304(a)(1)(A) to carry out The Project Citizen pro-
gram in accordance with this subsection.
‘‘(2) EDUCATIONAL
ACTIVITIES.—The Project
Citizen program—
1488
HR 1 EAS
‘‘(A) shall continue and expand the edu-
cational 
activities 
of 
the 
‘We 
the
People . . . Project Citizen’ program adminis-
tered by the Center for Civic Education;
‘‘(B) shall enhance student attainment of
challenging content standards in civics and gov-
ernment;
‘‘(C) shall provide a course of instruction at
the middle school level on the roles of State and
local governments in the Federal system estab-
lished by the Constitution of the United States;
‘‘(D) shall provide an annual national
showcase or competition; and
‘‘(E) shall provide—
‘‘(i) optional school and community
simulated State legislative hearings;
‘‘(ii) advanced sustained and ongoing
training of teachers on the roles of State
and local governments in the Federal system
established by the Constitution of the United
States;
‘‘(iii) materials and methods of in-
struction, including teacher training, that
utilize the latest advancements in edu-
cational technology; and
1489
HR 1 EAS
‘‘(iv) civic education materials and
services to address specific problems such as
the prevention of school violence and the
abuse of drugs and alcohol.
‘‘(3) AVAILABILITY OF PROGRAM.—The education
program authorized under this subsection shall be
made available to public and private middle schools,
including Bureau funded schools, in the 50 States of
the United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands.
‘‘(c) DEFINITION OF BUREAU FUNDED SCHOOL.—In
this section, the term ‘Bureau funded school’ has the mean-
ing given the term in section 1146 of the Education Amend-
ments of 1978.
‘‘SEC. 11306. COOPERATIVE CIVIC EDUCATION AND ECO-
NOMIC EDUCATION EXCHANGE PROGRAMS.
‘‘(a) COOPERATIVE
EDUCATION
EXCHANGE
PRO-
GRAMS.—The Center for Civic Education and the National
Council on Economic Education shall use funds awarded
under section 11304(a)(1) to carry out Cooperative Edu-
cation Exchange programs in accordance with this section.
1490
HR 1 EAS
‘‘(b) PURPOSE.—The purpose of the Cooperative Edu-
cation Exchange programs provided under this section shall
be to—
‘‘(1) make available to educators from eligible
countries exemplary curriculum and teacher training
programs in civics and government education, and ec-
onomics education, developed in the United States;
‘‘(2) assist eligible countries in the adaptation,
implementation, and institutionalization of such pro-
grams;
‘‘(3) create and implement civics and govern-
ment education, and economic education, programs
for students that draw upon the experiences of the
participating eligible countries;
‘‘(4) provide a means for the exchange of ideas
and experiences in civics and government education,
and economic education, among political, edu-
cational, governmental, and private sector leaders of
participating eligible countries; and
‘‘(5) provide support for—
‘‘(A) independent research and evaluation
to determine the effects of educational programs
on students’ development of the knowledge, skills,
and traits of character essential for the preserva-
1491
HR 1 EAS
tion and improvement of constitutional democ-
racy; and
‘‘(B) effective participation in and the pres-
ervation and improvement of an efficient market
economy.
‘‘(c) AVOIDANCE
OF DUPLICATION.—The Secretary
shall consult with the Secretary of State to ensure that—
‘‘(1) activities under this section are not duplica-
tive of other efforts in the eligible countries; and
‘‘(2) partner institutions in the eligible countries
are creditable.
‘‘(d) ACTIVITIES.—The Cooperative Education Ex-
change programs shall—
‘‘(1) provide eligible countries with—
‘‘(A) seminars on the basic principles of
United States constitutional democracy and eco-
nomics, including seminars on the major govern-
mental and economic institutions and systems in
the United States, and visits to such institutions;
‘‘(B) visits to school systems, institutions of
higher education, and nonprofit organizations
conducting exemplary programs in civics and
government education, and economic education,
in the United States;
1492
HR 1 EAS
‘‘(C) translations and adaptations regard-
ing United States civic and government edu-
cation, and economic education, curricular pro-
grams for students and teachers, and in the case
of training programs for teachers translations
and adaptations into forms useful in schools in
eligible countries, and joint research projects in
such areas; and
‘‘(D) independent research and evaluation
assistance to determine—
‘‘(i) the effects of the Cooperative Edu-
cation Exchange programs on students’ de-
velopment of the knowledge, skills, and
traits of character essential for the preserva-
tion and improvement of constitutional de-
mocracy; and
‘‘(ii) effective participation in and the
preservation and improvement of an effi-
cient market economy;
‘‘(2) provide United States participants with—
‘‘(A) seminars on the histories, economies,
and systems of government of eligible countries;
‘‘(B) visits to school systems, institutions of
higher education, and organizations conducting
exemplary programs in civics and government
1494
HR 1 EAS
cation, for educational leaders, teacher trainers, schol-
ars in related disciplines, and educational policy-
makers.
‘‘(e) PARTICIPANTS.—The primary participants in the
Cooperative Education Exchange programs assisted under
this section shall be educational leaders in the areas of
civics and government education, and economic education,
including teachers, curriculum and teacher training spe-
cialists, scholars in relevant disciplines, and educational
policymakers, and government and private sector leaders
from the United States and eligible countries.
‘‘(f) DEFINITION
OF ELIGIBLE COUNTRY.—For the
purpose of this section, the term ‘eligible country’ means
a Central European country, an Eastern European coun-
try, Lithuania, Latvia, Estonia, the independent states of
the former Soviet Union as defined in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801), and may in-
clude the Republic of Ireland, the province of Northern Ire-
land in the United Kingdom, and any developing country,
as defined in section 209(d) of the Education for the Deaf
Act, that has a democratic form of government as deter-
mined by the Secretary in consultation with the Secretary
of State.
1495
HR 1 EAS
‘‘SEC. 11307. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SECTION 11304.—There are authorized to be ap-
propriated to carry out section 11304, $15,000,000 for fiscal
year 2002 and such sums as may be necessary for each of
the fiscal years 2003 through 2008.
‘‘(b) SECTION 11305.—There are authorized to be ap-
propriated to carry out section 11305, $12,000,000 for fiscal
year 2002, and such sums as may be necessary for each
of the fiscal years 2003 through 2008.
‘‘PART E—GIFTED AND TALENTED CHILDREN
‘‘SEC. 11401. SHORT TITLE.
‘‘This part may be cited as the ‘Jacob K. Javits Gifted
and Talented Students Education Act of 2001’.
‘‘SEC. 11402. FINDINGS.
‘‘Congress finds the following:
‘‘(1) While the families or communities of some
gifted students can provide private programs with ap-
propriately trained staff to supplement public edu-
cational offerings, most high-ability students, espe-
cially those from inner cities, rural communities, or
low-income families, must rely on the services and
personnel provided by public schools. Therefore, gifted
education programs, provided by qualified profes-
sionals in the public schools, are needed to provide
equal educational opportunities.
1496
HR 1 EAS
‘‘(2) Due to the wide dispersal of students who
are gifted and talented and the national interest in
a well-educated populace, the Federal Government can
most effectively and appropriately conduct research
and development to provide an infrastructure for, and
to ensure that there is, a national capacity to educate
students who are gifted and talented to meet the needs
of the 21st century.
‘‘(3) State and local educational agencies often
lack the specialized resources and trained personnel to
consistently plan and implement effective programs
for the identification of gifted and talented students
and for the provision of educational services and pro-
grams appropriate for their needs.
‘‘(4) Because gifted and talented students gen-
erally are more advanced academically, are able to
learn more quickly, and study in more depth and
complexity than others their age, their educational
needs require opportunities and experiences that are
different from those generally available in regular
education programs.
‘‘(5) Typical elementary school students who are
academically gifted and talented already have mas-
tered 35 to 50 percent of the school year’s content in
several subject areas before the year begins. Without
1497
HR 1 EAS
an advanced and challenging curriculum, they often
lose their motivation and develop poor study habits
that are difficult to break.
‘‘(6) Elementary school and secondary school
teachers have students in their classrooms with a wide
variety of traits, characteristics, and needs. Most
teachers receive some training to meet the needs of
these students, such as students with limited English
proficiency, students with disabilities, and students
from diverse cultural and racial backgrounds. How-
ever, most teachers do not receive training on meeting
the needs of students who are gifted and talented.
‘‘SEC. 11403. CONDITIONS ON EFFECTIVENESS OF SUBPART
2.
‘‘(a) IN GENERAL.—Subpart 2 shall be in effect only
for—
‘‘(1) the first fiscal year for which the amount
appropriated to carry out this part equals or exceeds
$50,000,000; and
‘‘(2) all succeeding fiscal years.
‘‘Subpart 1—National Research Program
‘‘SEC. 11411. PURPOSE.
‘‘The purpose of this subpart is to initiate a coordi-
nated program of research, demonstration projects, innova-
tive strategies, and similar activities designed to build a
1498
HR 1 EAS
nationwide capability in elementary schools and secondary
schools to meet the special educational needs of gifted and
talented students.
‘‘SEC. 11412. GRANTS TO MEET EDUCATIONAL NEEDS OF
GIFTED AND TALENTED STUDENTS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN
GENERAL.—Subject to section 11403,
from the sums available to carry out this subpart in
any fiscal year, the Secretary shall make grants to,
or enter into contracts with, State educational agen-
cies, local educational agencies, institutions of higher
education, other public agencies, and other private
agencies and organizations (including Indian tribes
and Indian organizations (as such terms are defined
in section 4 of the Indian Self-Determination and
Education Assistance Act) and Native Hawaiian or-
ganizations) to assist such agencies, institutions, and
organizations in carrying out programs or projects
authorized by this subpart that are designed to meet
the educational needs of gifted and talented students,
including the training of personnel in the education
of gifted and talented students and in the use, where
appropriate, of gifted and talented services, materials,
and methods for all students.
1499
HR 1 EAS
‘‘(2) APPLICATION.—Each entity desiring assist-
ance under this subpart shall submit an application
to the Secretary at such time, in such manner, and
containing such information as the Secretary may
reasonably require. Each such application shall de-
scribe how—
‘‘(A) the proposed gifted and talented serv-
ices, materials, and methods can be adapted, if
appropriate, for use by all students; and
‘‘(B) the proposed programs can be evalu-
ated.
‘‘(b) USES OF FUNDS.—Programs and projects as-
sisted under this subpart may include the following:
‘‘(1) Carrying out—
‘‘(A) research on methods and techniques for
identifying and teaching gifted and talented stu-
dents, and for using gifted and talented pro-
grams and methods to serve all students; and
‘‘(B) program evaluations, surveys, and the
collection, analysis, and development of informa-
tion needed to accomplish the purpose of this
subpart.
‘‘(2) Professional development (including fellow-
ships) for personnel (including leadership personnel)
1500
HR 1 EAS
involved in the education of gifted and talented stu-
dents.
‘‘(3) Establishment and operation of model
projects and exemplary programs for serving gifted
and talented students, including innovative methods
for identifying and educating students who may not
be served by traditional gifted and talented programs,
including summer programs, mentoring programs,
service learning programs, and cooperative programs
involving business, industry, and education.
‘‘(4) Implementing innovative strategies, such as
cooperative learning, peer tutoring, and service learn-
ing.
‘‘(5) Programs of technical assistance and infor-
mation dissemination, including assistance and infor-
mation with respect to how gifted and talented pro-
grams and methods, where appropriate, may be
adapted for use by all students.
‘‘SEC. 11413. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In the administration of
this subpart, the Secretary shall give highest priority to
programs and projects designed to develop new information
that—
1501
HR 1 EAS
‘‘(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
‘‘(2) assists schools in the identification of, and
provision of services to, gifted and talented students
who may not be identified and served through tradi-
tional assessment methods (including economically
disadvantaged individuals, individuals of limited
English proficiency, and individuals with disabil-
ities).
‘‘(b) SERVICE PRIORITY.—In approving applications
for assistance under section 11412(a)(2), the Secretary shall
ensure that in each fiscal year at least 1⁄2 of the applications
approved under such section address the priority described
in subsection (a)(2).
‘‘SEC. 11414. CENTER FOR RESEARCH AND DEVELOPMENT.
‘‘(a) IN GENERAL.—The Secretary (after consultation
with experts in the field of the education of gifted and tal-
ented students) shall establish a National Research Center
in the Education of Gifted and Talented Children and
Youth through grants to or contracts with 1 or more institu-
tions of higher education or State educational agencies, or
a combination or consortium of such institutions and agen-
cies and other public or private agencies and organizations,
1502
HR 1 EAS
for the purpose of carrying out activities described in sec-
tion 11412.
‘‘(b) DIRECTOR.—Such National Center shall have a
Director. The Secretary may authorize the Director to carry
out such functions of the National Center as may be agreed
upon through arrangements with institutions of higher edu-
cation, State or local educational agencies, or other public
or private agencies and organizations.
‘‘(c) FUNDING.—The Secretary may use not more than
30 percent of the funds made available under this subpart
for any fiscal year to carry out this section.
‘‘SEC. 11415. GENERAL PROVISIONS FOR SUBPART.
‘‘(a) REVIEW, DISSEMINATION, AND EVALUATION.—
The Secretary—
‘‘(1) shall use a peer review process in reviewing
applications under sections 11415(d) and 11412;
‘‘(2) shall ensure that information on the activi-
ties and results of programs and projects funded
under this subpart is disseminated to appropriate
State and local educational agencies and other appro-
priate organizations, including nonprofit private or-
ganizations; and
‘‘(3) shall evaluate the effectiveness of programs
under this subpart, both in terms of the impact on
students traditionally served in separate gifted and
1503
HR 1 EAS
talented programs and on other students, and submit
the results of such evaluation to Congress not later
than 2 years after the date of enactment of the Better
Education for Students and Teachers Act.
‘‘(b) PROGRAM OPERATIONS.—The Secretary shall en-
sure that the programs under this subpart are administered
within the Department by a person who has recognized pro-
fessional qualifications and experience in the field of the
education of gifted and talented students and who—
‘‘(1) shall serve as a focal point of national lead-
ership and information on the educational needs of
gifted and talented students and the availability of
educational services and programs designed to meet
such needs;
‘‘(2) shall assist the Assistant Secretary of the
Office of Educational Research and Improvement in
identifying research priorities which reflect the needs
of gifted and talented students; and
‘‘(3) shall disseminate and consult on the infor-
mation developed under this subpart with other offices
within the Department.
‘‘(c) COORDINATION.—Research activities supported
under this subpart—
‘‘(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
1504
HR 1 EAS
ensure that such activities are coordinated with and
enhance the research and development activities sup-
ported by such Office; and
‘‘(2) may include collaborative research activities
which are jointly funded and carried out with such
Office.
‘‘(d) GRANTS TO STATE EDUCATIONAL AGENCIES FOR
AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—For fiscal year 2002 and
succeeding fiscal years, the Secretary shall use the ex-
cess amount of funds under subpart 1 to award
grants, on a competitive basis, to State educational
agencies to begin implementing activities described in
section 11422(b).
‘‘(2) EXCESS AMOUNT.—For purposes of para-
graph (1), the excess amount described in this sub-
section is the amount (if any) by which the funds ap-
propriated to carry out this subpart for the fiscal
year exceed such funds appropriated for fiscal year
2001.
‘‘(3) APPLICATION.—Each State educational
agency desiring a grant under this section shall sub-
mit an application to the Secretary that contains the
assurances described in section 11424(b), with respect
to the implementing activities.
1505
HR 1 EAS
‘‘Subpart 2—Formula Grant Program
‘‘SEC. 11421. PURPOSE.
‘‘The purpose of this subpart is to provide grants to
States to support programs, teacher preparation, and other
services designed to meet the needs of the Nation’s gifted
and talented students in elementary schools and secondary
schools.
‘‘SEC. 11422. ESTABLISHMENT OF PROGRAM; USE OF FUNDS.
‘‘(a) IN GENERAL.—In the case of each State that in
accordance with section 11424 submits to the Secretary an
application for a fiscal year, subject to section 11403, the
Secretary shall make a grant for the fiscal year to the State
for the uses specified in subsection (b). The grant shall con-
sist of the allotment determined for the State under section
11423.
‘‘(b) AUTHORIZED ACTIVITIES.—Each State receiving
a grant under this subpart shall use the funds provided
under the grant to assist local educational agencies in the
State to develop or expand gifted and talented education
programs through 1 or more of the following activities:
‘‘(1) Development and implementation of pro-
grams to address State and local needs for in-service
training programs for general educators, specialists
in gifted and talented education, administrators, or
other personnel at the elementary school and sec-
ondary school levels.
1506
HR 1 EAS
‘‘(2) Making materials and services available
through State regional educational service centers, in-
stitutions of higher education, or other entities.
‘‘(3) Supporting innovative approaches and cur-
ricula used by local educational agencies (or consortia
of such agencies) or schools (or consortia of schools).
‘‘(4) Providing funds for challenging, high-level
course work, disseminated through new and emerging
technologies (including distance learning), for indi-
vidual students or groups of students in schools and
local educational agencies that do not have the re-
sources otherwise to provide such course work.
‘‘(c) COMPETITIVE PROCESS.—Funds provided under
this subpart shall be distributed to local educational agen-
cies through a competitive process that results in an equi-
table distribution by geographic area within the State.
‘‘(d) LIMITATIONS ON USE OF FUNDS.—
‘‘(1) 
COURSE
WORK
PROVIDED
THROUGH
EMERGING
TECHNOLOGIES.—Activities under sub-
section (b)(4) may include development of curriculum
packages, compensation of distance-learning edu-
cators, or other relevant activities, but funds provided
under this subpart may not be used for the purchase
or upgrading of technological hardware.
‘‘(2) STATE USE OF FUNDS.—
1507
HR 1 EAS
‘‘(A) IN
GENERAL.—A State educational
agency receiving a grant under this subpart may
not use more than 10 percent of the grant funds
for—
‘‘(i) dissemination of general program
information;
‘‘(ii) providing technical assistance
under this subpart;
‘‘(iii) monitoring and evaluation of
programs and activities assisted under this
subpart;
‘‘(iv) providing support for parental
education; and
‘‘(v) creating a State gifted education
advisory board.
‘‘(B) ADMINISTRATIVE
COSTS.—A State
educational agency may use not more than 50
percent of the funds made available to the State
educational agency under subparagraph (A) for
administrative costs.
‘‘(C) EDUCATION, INFORMATION, AND SUP-
PORT.—A State educational agency receiving a
grant under this subpart may use not more than
2 percent of the grant funds to provide informa-
tion, education, and support to parents and
1508
HR 1 EAS
caregivers of gifted and talented children to en-
hance their ability to participate in decisions re-
garding their children’s educational programs.
Such education, information, and support shall
be developed and carried out by parents and
caregivers or by parents and caregivers in part-
nership with the State.
‘‘SEC. 11423. ALLOTMENTS TO STATES.
‘‘(a) RESERVATION
OF FUNDS.—From the amount
made available to carry out this subpart for any fiscal year,
the Secretary shall reserve 1⁄2 of 1 percent for the Secretary
of the Interior for programs under this subpart for teachers,
other staff, and administrators in schools operated or fund-
ed by the Bureau of Indian Affairs.
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall allot the total amount
made available to carry out this subpart for any fis-
cal year and not reserved under subsection (a) to the
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico on the basis of their relative
populations of individuals aged 5 through 17, as de-
termined by the Secretary on the basis of the most re-
cent satisfactory data.
1509
HR 1 EAS
‘‘(2) MINIMUM
GRANT
AMOUNT.—No State re-
ceiving an allotment under paragraph (1) may re-
ceive less than 1⁄2 of 1 percent of the total amount al-
lotted under such paragraph.
‘‘(c) REALLOTMENT.—If any State does not apply for
an allotment under this section for any fiscal year, the Sec-
retary shall reallot such amount to the remaining States
in accordance with this section.
‘‘SEC. 11424. STATE APPLICATION.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State educational agency shall submit
an application to the Secretary at such time, in such man-
ner, and containing such information as the Secretary may
reasonably require.
‘‘(b) CONTENTS.—Each application under this section
shall include assurances that—
‘‘(1) funds received under this subpart will be
used to support gifted and talented students in public
schools and public charter schools, including students
from all economic, ethnic, and racial backgrounds,
students of limited English proficiency, students with
disabilities, and highly gifted students;
‘‘(2) the funds not retained by the State edu-
cational agency shall be used for the purpose of mak-
1510
HR 1 EAS
ing, in accordance with this subpart and on a com-
petitive basis, grants to local educational agencies;
‘‘(3) funds received under this subpart shall be
used only to supplement, but not supplant, the
amount of State and local funds expended for special-
ized education and related services provided for the
education of gifted and talented students;
‘‘(4) the State educational agency will provide
matching funds for the activities to be assisted under
this subpart in an amount equal to not less than 20
percent of the grant funds to be received; and
‘‘(5) the State educational agency shall develop
and implement program assessment models to ensure
program accountability and to evaluate educational
effectiveness.
‘‘(c) APPROVAL.—To the extent funds are made avail-
able for this subpart, the Secretary shall approve an appli-
cation of a State if such application meets the requirements
of this section.
‘‘SEC. 11425. DISTRIBUTION TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) GRANT
COMPETITION.—A State educational
agency shall use not less than 88 percent of the funds made
available to the State educational agency under this subpart
to award grants, on a competitive basis, to local educational
1511
HR 1 EAS
agencies (including consortia of local educational agencies)
to support programs, classes, and other services designed to
meet the needs of gifted and talented students.
‘‘(b) SIZE OF GRANT.—A State educational agency
shall award a grant under subsection (a) for any fiscal year
in an amount sufficient to meet the needs of the students
to be served under the grant.
‘‘SEC. 11426. LOCAL APPLICATIONS.
‘‘(a) APPLICATION.—To be eligible to receive a grant
under this subpart, a local educational agency (including
a consortium of local educational agencies) shall submit an
application to the State educational agency.
‘‘(b) 
CONTENTS.—Each 
such 
application 
shall
include—
‘‘(1) an assurance that the funds received under
this subpart will be used to identify and support gift-
ed and talented students, including gifted and tal-
ented students from all economic, ethnic, and racial
backgrounds, such students of limited English pro-
ficiency, and such students with disabilities;
‘‘(2) a description of how the local educational
agency will meet the educational needs of gifted and
talented students, including the training of personnel
in the education of gifted and talented students; and
1512
HR 1 EAS
‘‘(3) an assurance that funds received under this
subpart will be used to supplement, not supplant, the
amount of funds the local educational agency expends
for the education of, and related services for, gifted
and talented students.
‘‘SEC. 11427. ANNUAL REPORTING.
‘‘Beginning 1 year after the date of enactment of the
Better Education for Students and Teachers Act and for
each subsequent year thereafter, the State educational agen-
cy shall submit an annual report to the Secretary that de-
scribes the number of students served and the activities sup-
ported with funds provided under this subpart. The report
shall include a description of the measures taken to comply
with paragraphs (1) and (4) of section 11424(b).
‘‘Subpart 3—General Provisions
‘‘SEC. 11431. CONSTRUCTION.
‘‘Nothing in this subpart shall be construed to prohibit
a recipient of funds under this subpart from serving gifted
and talented students simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
‘‘SEC. 11432. PARTICIPATION OF PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘In making grants and entering into contracts under
this subpart, the Secretary shall ensure, where appropriate,
1513
HR 1 EAS
that provision is made for the equitable participation of
students and teachers in private nonprofit elementary
schools and secondary schools, including the participation
of teachers and other personnel in professional development
programs serving such children.
‘‘SEC. 11433. DEFINITIONS.
‘‘For purposes of this subpart:
‘‘(1) GIFTED AND TALENTED.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘gifted and talented’
when used with respect to a person or
program—
‘‘(i) has the meaning given the term
under applicable State law; or
‘‘(ii) in the case of a State that does
not have a State law defining the term, has
the meaning given such term by definition
of the State educational agency or local edu-
cational agency involved.
‘‘(B) SPECIAL RULE.—In the case of a State
that does not have a State law that defines the
term, and the State educational agency or local
educational agency has not defined the term, the
term has the meaning given the term in section
3.
1514
HR 1 EAS
‘‘(2) STATE.—The term ‘State’ means each of the
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘SEC. 11434. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart $170,000,000 for each of fiscal years 2002
through 2008.
‘‘PART F—LOCAL INNOVATIONS FOR EDUCATION
(LIFE) FUND
‘‘Subpart 1—Fund for the Improvement of Education
‘‘SEC. 11501. FUND FOR THE IMPROVEMENT OF EDUCATION.
‘‘(a) FUNDS AUTHORIZED.—From funds appropriated
under subpart 9, the Secretary is authorized to support na-
tionally significant programs and projects to improve the
quality of education, assist all students to meet challenging
State content standards and challenging State student per-
formance standards, and carry out activities to raise stand-
ards and expectations for academic achievement among all
students, especially disadvantaged students traditionally
underserved in schools. The Secretary is authorized to carry
out such programs and projects directly or through grants
to, or contracts with, State and local educational agencies,
institutions of higher education, and other public and pri-
vate agencies, organizations, and institutions.
1515
HR 1 EAS
‘‘(b) USES OF FUNDS.—Funds under this section may
be used for—
‘‘(1) joint efforts with other agencies and commu-
nity organizations, including activities related to im-
proving the transition from preschool to school and
from school to work, as well as activities related to the
integration of educational, recreational, cultural,
health and social services programs within a local
community;
‘‘(2) activities to promote and evaluate coun-
seling 
and 
mentoring 
for 
students, 
including
intergenerational mentoring;
‘‘(3) activities to promote and evaluate coordi-
nated student support services;
‘‘(4) activities to promote comprehensive health
education;
‘‘(5) activities to promote environmental edu-
cation;
‘‘(6) activities to promote consumer, economic,
and personal finance education, such as saving, in-
vesting, and entrepreneurial education;
‘‘(7) studies and evaluation of various education
reform strategies and innovations being pursued by
the Federal Government, States, and local educational
agencies;
1516
HR 1 EAS
‘‘(8) the identification and recognition of exem-
plary schools and programs, such as Blue Ribbon
Schools;
‘‘(9) programs designed to promote gender equity
in education by evaluating and eliminating gender
bias in instruction and educational materials, identi-
fying, and analyzing gender inequities in educational
practices, and implementing and evaluating edu-
cational policies and practices designed to achieve
gender equity;
‘‘(10) programs designed to encourage parents to
participate in school activities;
‘‘(11) experiential-based learning, such as serv-
ice-learning;
‘‘(12) developing, adapting, or expanding exist-
ing and new applications of technology to support the
school reform effort;
‘‘(13) acquiring connectivity linkages, resources,
and services, including the acquisition of hardware
and software, for use by teachers, students and school
library media personnel in the classroom or in school
library media centers, in order to improve student
learning to ensure that students in schools will have
meaningful access on a regular basis to such linkages,
resources and services;
1517
HR 1 EAS
‘‘(14) providing ongoing professional develop-
ment in the integration of quality educational tech-
nologies into school curriculum and long-term plan-
ning for implementing educational technologies;
‘‘(15) acquiring connectivity with wide area net-
works for purposes of accessing information and edu-
cational programming sources, particularly with in-
stitutions of higher education and public libraries;
‘‘(16) providing educational services for adults
and families;
‘‘(17) demonstrations relating to the planning
and evaluations of the effectiveness of projects under
which local educational agencies or schools contract
with private management organizations to reform a
school or schools; and
‘‘(18) other programs and projects that meet the
purposes of this section.
‘‘(c) AWARDS.—
‘‘(1) IN GENERAL.—The Secretary may—
‘‘(A) make awards under this section on the
basis of competitions announced by the Sec-
retary; and
‘‘(B) support meritorious unsolicited pro-
posals.
1518
HR 1 EAS
‘‘(2) SPECIAL RULE.—The Secretary shall ensure
that programs, projects, and activities supported
under this section are designed so that the effective-
ness of such programs, projects, and activities is read-
ily ascertainable.
‘‘(3) PEER REVIEW.—The Secretary shall use a
peer review process in reviewing applications for as-
sistance under this section and may use funds appro-
priated under section 11801 for the cost of such peer
review.
‘‘SEC. 11502. PROMOTING SCHOLAR-ATHLETE COMPETI-
TIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award a grant to a nonprofit organization to reimburse
such organization for the costs of conducting scholar-athlete
games.
‘‘(b) PRIORITY.—In awarding the grant under sub-
section (a), the Secretary shall give priority to a nonprofit
organization that—
‘‘(1) is described in section 501(c)(3) of, and ex-
empt from taxation under section 501(a) of, the Inter-
nal Revenue Code of 1986, and is affiliated with a
university capable of hosting a large educational, cul-
tural, and athletic event that will serve as a national
model;
1519
HR 1 EAS
‘‘(2) has the capability and experience in admin-
istering federally funded scholar-athlete games;
‘‘(3) has the ability to provide matching funds,
on a dollar-for-dollar basis, from foundations and the
private sector for the purpose of conducting a scholar-
athlete program;
‘‘(4) has the organizational structure and capa-
bility to administer a model scholar-athlete program;
and
‘‘(5) has the organizational structure and exper-
tise to replicate the scholar-athlete program in var-
ious venues throughout the United States internation-
ally.
‘‘Subpart 2—Star Schools Program
‘‘SEC. 11551. SHORT TITLE.
‘‘This subpart may be cited as the ‘Star Schools Act’.
‘‘SEC. 11552. FINDINGS.
‘‘Congress finds that—
‘‘(1) the Star Schools program has helped to en-
courage the use of distance learning strategies to serve
multistate regions primarily by means of satellite and
broadcast television;
‘‘(2) in general, distance learning programs have
been used effectively to provide students in small,
rural, and isolated schools with courses and instruc-
1520
HR 1 EAS
tion, such as science and foreign language instruction,
that the local educational agency is not otherwise able
to provide; and
‘‘(3) distance learning programs may also be
used to—
‘‘(A) provide students of all ages in all
types of schools and educational settings with
greater access to high-quality instruction in the
full range of core academic subjects that will en-
able such students to meet challenging, inter-
nationally competitive, educational standards;
‘‘(B) expand professional development op-
portunities for teachers;
‘‘(C) contribute to achievement of the Na-
tional Education Goals; and
‘‘(D) expand learning opportunities for ev-
eryone.
‘‘SEC. 11553. PURPOSE.
‘‘It is the purpose of this subpart to encourage im-
proved instruction in mathematics, science, and foreign
languages as well as other subjects, such as literacy skills
and vocational education, and to serve underserved popu-
lations, including the disadvantaged, illiterate, limited
English proficient, and individuals with disabilities,
through a Star Schools program under which grants are
1521
HR 1 EAS
made to eligible telecommunication partnerships to enable
such partnerships to—
‘‘(1) develop, construct, acquire, maintain, and
operate telecommunications audio and visual facili-
ties and equipment;
‘‘(2) develop and acquire educational and in-
structional programming; and
‘‘(3) obtain technical assistance for the use of
such facilities and instructional programming.
‘‘SEC. 11554. GRANTS AUTHORIZED.
‘‘(a) AUTHORITY.—The Secretary, through the Office
of Educational Technology, is authorized to make grants,
in accordance with the provisions of this subpart, to eligible
entities to pay the Federal share of the cost of—
‘‘(1) the development, construction, acquisition,
maintenance, and operation of telecommunications
facilities and equipment;
‘‘(2) the development and acquisition of live,
interactive instructional programming;
‘‘(3) 
the 
development 
and 
acquisition 
of
preservice and inservice teacher training programs
based on established research regarding teacher-to-
teacher mentoring, effective skill transfer, and ongo-
ing, in-class instruction;
1522
HR 1 EAS
‘‘(4) the establishment of teleconferencing facili-
ties and resources for making interactive training
available to teachers;
‘‘(5) obtaining technical assistance; and
‘‘(6) the coordination of the design and
connectivity of telecommunications networks to reach
the greatest number of schools.
‘‘(b) DURATION.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants pursuant to subsection (a) for a period of 5
years.
‘‘(2) RENEWAL.—Grants awarded pursuant to
subsection (a) may be renewed for 1 additional 3-year
period.
‘‘(c) AVAILABILITY OF FUNDS.—Funds made available
to carry out this subpart shall remain available until ex-
pended.
‘‘(d) LIMITATIONS.—
‘‘(1) IN GENERAL.—A grant under this section
shall not exceed—
(A) 5 years in duration; or
(B) $10,000,000 in any 1 fiscal year.
‘‘(2) INSTRUCTIONAL
PROGRAMMING.—Not less
than 25 percent of the funds available to the Sec-
1523
HR 1 EAS
retary in any fiscal year under this subpart shall be
used for the cost of instructional programming.
‘‘(3) SPECIAL RULE.—Not less than 50 percent of
the funds available in any fiscal year under this sub-
part shall be used for the cost of facilities, equipment,
teacher training or retraining, technical assistance, or
programming, for local educational agencies which
are eligible to receive assistance under part A of title
I.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the cost
of projects funded under this section shall not
exceed—
‘‘(A) 75 percent for the first and second
years for which an eligible telecommunications
partnership receives a grant under this subpart;
‘‘(B) 60 percent for the third and fourth
such years; and
‘‘(C) 50 percent for the fifth such year.
‘‘(2) REDUCTION
OR
WAIVER.—The Secretary
may reduce or waive the requirement of the non-Fed-
eral share under paragraph (1) upon a showing of fi-
nancial hardship.
‘‘(f) AUTHORITY TO ACCEPT FUNDS FROM OTHER
AGENCIES.—The Secretary is authorized to accept funds
1524
HR 1 EAS
from other Federal departments or agencies to carry out
the purposes of this section, including funds for the pur-
chase of equipment.
‘‘(g) COORDINATION.—The Department, the National
Science Foundation, the Department of Agriculture, the De-
partment of Commerce, and any other Federal department
or agency operating a telecommunications network for edu-
cational purposes, shall coordinate the activities assisted
under this subpart with the activities of such department
or agency relating to a telecommunications network for edu-
cational purposes.
‘‘(h) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—
Each entity receiving funds under this subpart is encour-
aged to provide—
‘‘(1) closed captioning of the verbal content of
such program, where appropriate, to be broadcast by
way of line 21 of the vertical blanking interval, or by
way of comparable successor technologies; and
‘‘(2) descriptive video of the visual content of
such program, as appropriate.
‘‘SEC. 11555. ELIGIBLE ENTITIES.
‘‘(a) ELIGIBLE ENTITIES.—
‘‘(1) REQUIRED PARTICIPATION.—The Secretary
may make a grant under section 11554 to any eligible
1525
HR 1 EAS
entity, if at least 1 local educational agency is par-
ticipating in the proposed project.
‘‘(2) ELIGIBLE ENTITY.—For the purpose of this
subpart, the term ‘eligible entity’ may include—
‘‘(A) a public agency or corporation estab-
lished for the purpose of developing and oper-
ating telecommunications networks to enhance
educational opportunities provided by edu-
cational institutions, teacher training centers,
and other entities, except that any such agency
or corporation shall represent the interests of ele-
mentary schools and secondary schools that are
eligible to participate in the program under part
A of title I; or
‘‘(B) a partnership that will provide tele-
communications services and which includes 3 or
more of the following entities, at least 1 of which
shall be an agency described in clause (i) or (ii):
‘‘(i) a local educational agency that
serves a significant number of elementary
schools and secondary schools that are eligi-
ble for assistance under part A of title I, or
elementary schools and secondary schools
operated or funded for Indian children by
1526
HR 1 EAS
the Department of the Interior eligible
under section 1121(c)(1)(A);
‘‘(ii) a State educational agency;
‘‘(iii) adult and family education pro-
grams;
‘‘(iv) an institution of higher education
or a State higher education agency;
‘‘(v) a teacher training center or acad-
emy that—
‘‘(I) provides teacher preservice
and inservice training; and
‘‘(II) receives Federal financial
assistance or has been approved by a
State agency;
‘‘(vi)(I) a public or private entity with
experience and expertise in the planning
and operation of a telecommunications net-
work, including entities involved in tele-
communications through satellite, cable,
telephone, or computer; or
‘‘(II) a public broadcasting entity with
such experience; or
‘‘(vii) a public or private elementary
school or secondary school.
1527
HR 1 EAS
‘‘(b) SPECIAL RULE.—An eligible entity receiving as-
sistance under this subpart shall be organized on a state-
wide or multistate basis.
‘‘SEC. 11556. APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—Each eligible entity
which desires to receive a grant under section 11554 shall
submit an application to the Secretary, at such time, in
such manner, and containing or accompanied by such in-
formation as the Secretary may reasonably require.
‘‘(b) STAR SCHOOL AWARD APPLICATION.—Each ap-
plication submitted pursuant to subsection (a) shall—
‘‘(1) describe how the proposed project will assist
in achieving the National Education Goals, how such
project will assist all students to have an opportunity
to learn to challenging State standards, how such
project will assist State and local educational reform
efforts, and how such project will contribute to cre-
ating a high-quality system of lifelong learning;
‘‘(2) describe the telecommunications facilities
and equipment and technical assistance for which as-
sistance is sought, which may include—
‘‘(A) the design, development, construction,
acquisition, maintenance, and operation of State
or multistate educational telecommunications
networks and technology resource centers;
1528
HR 1 EAS
‘‘(B) microwave, fiber optics, cable, and sat-
ellite transmission equipment or any combina-
tion thereof;
‘‘(C) reception facilities;
‘‘(D) satellite time;
‘‘(E) production facilities;
‘‘(F) other telecommunications equipment
capable of serving a wide geographic area;
‘‘(G) the provision of training services to
instructors who will be using the facilities and
equipment for which assistance is sought, includ-
ing training in using such facilities and equip-
ment and training in integrating programs into
the classroom curriculum; and
‘‘(H) the development of educational and re-
lated programming for use on a telecommuni-
cations network;
‘‘(3) in the case of an application for assistance
for instructional programming, describe the types of
programming which will be developed to enhance in-
struction and training and provide assurances that
such programming will be designed in consultation
with professionals (including classroom teachers) who
are experts in the applicable subject matter and grade
level;
1529
HR 1 EAS
‘‘(4) describe how the eligible entity has engaged
in sufficient survey and analysis of the area to be
served to ensure that the services offered by the eligible
entity will increase the availability of courses of in-
struction in English, mathematics, science, foreign
languages, arts, history, geography, or other dis-
ciplines;
‘‘(5) describe the professional development poli-
cies for teachers and other school personnel to be im-
plemented to ensure the effective use of the tele-
communications facilities and equipment for which
assistance is sought;
‘‘(6) describe the manner in which historically
underserved students (such as students from low-in-
come families, limited English proficient students,
students with disabilities, or students who have low
literacy skills) and their families, will participate in
the benefits of the telecommunications facilities,
equipment, technical assistance, and programming
assisted under this subpart;
‘‘(7) describe how existing telecommunications
equipment, facilities, and services, where available,
will be used;
‘‘(8) provide assurances that the financial inter-
est of the United States in the telecommunications fa-
1530
HR 1 EAS
cilities and equipment will be protected for the useful
life of such facilities and equipment;
‘‘(9) provide assurances that a significant por-
tion of any facilities and equipment, technical assist-
ance, and programming for which assistance is sought
for elementary schools and secondary schools will be
made available to schools or local educational agen-
cies that have a high number or percentage of chil-
dren eligible to be counted under part A of title I;
‘‘(10) provide assurances that the applicant will
use the funds provided under this subpart to supple-
ment and not supplant funds otherwise available for
the purposes of this subpart;
‘‘(11) describe how funds received under this sub-
part will be coordinated with funds received for edu-
cational technology in the classroom;
‘‘(12) describe the activities or services for which
assistance is sought, such as—
‘‘(A) providing facilities, equipment, train-
ing services, and technical assistance;
‘‘(B) making programs accessible to stu-
dents with disabilities through mechanisms such
as closed captioning and descriptive video serv-
ices;
1531
HR 1 EAS
‘‘(C) linking networks around issues of na-
tional importance (such as elections) or to pro-
vide information about employment opportuni-
ties, job training, or student and other social
service programs;
‘‘(D) sharing curriculum resources between
networks and development of program guides
which demonstrate cooperative, cross-network
listing of programs for specific curriculum areas;
‘‘(E) providing teacher and student support
services including classroom and training sup-
port materials which permit student and teacher
involvement in the live interactive distance
learning telecasts;
‘‘(F) incorporating community resources
such as libraries and museums into instructional
programs;
‘‘(G) providing professional development for
teachers, including, as appropriate, training to
early childhood development and Head Start
teachers and staff and vocational education
teachers and staff, and adult and family edu-
cators;
1532
HR 1 EAS
‘‘(H) providing programs for adults to
maximize the use of telecommunications facilities
and equipment;
‘‘(I) providing teacher training on proposed
or established voluntary national content stand-
ards in mathematics and science and other dis-
ciplines as such standards are developed; and
‘‘(J) providing parent education programs
during and after the regular school day which
reinforce a student’s course of study and actively
involve parents in the learning process;
‘‘(13) describe how the proposed project as a
whole will be financed and how arrangements for fu-
ture financing will be developed before the project ex-
pires;
‘‘(14) provide an assurance that a significant
portion of any facilities, equipment, technical assist-
ance, and programming for which assistance is sought
for elementary schools and secondary schools will be
made available to schools in local educational agen-
cies that have a high percentage of children counted
for the purpose of part A of title I;
‘‘(15) provide an assurance that the applicant
will provide such information and cooperate in any
1533
HR 1 EAS
evaluation that the Secretary may conduct under this
subpart; and
‘‘(16) include such additional assurances as the
Secretary may reasonably require.
‘‘(c) PRIORITIES.—The Secretary, in approving appli-
cations for grants authorized under section 11554, shall give
priority to applications describing projects that—
‘‘(1) propose high-quality plans to assist in
achieving 1 or more of the National Education Goals,
will provide instruction consistent with State content
standards, or will otherwise provide significant and
specific assistance to States and local educational
agencies undertaking systemic education reform;
‘‘(2) will provide services to programs serving
adults, especially parents, with low levels of literacy;
‘‘(3) will serve schools with significant numbers
of children counted for the purposes of part A of title
I;
‘‘(4) ensure that the eligible entity will—
‘‘(A) serve the broadest range of institutions,
programs providing instruction outside of the
school setting, programs serving adults, espe-
cially parents, with low levels of literacy, insti-
tutions of higher education, teacher training cen-
ters, research institutes, and private industry;
1534
HR 1 EAS
‘‘(B) have substantial academic and teach-
ing capabilities, including the capability of
training, retraining, and inservice upgrading of
teaching skills and the capability to provide pro-
fessional development;
‘‘(C) provide a comprehensive range of
courses for educators to teach instructional strat-
egies for students with different skill levels;
‘‘(D) provide training to participating edu-
cators in ways to integrate telecommunications
courses into existing school curriculum;
‘‘(E) provide instruction for students, teach-
ers, and parents;
‘‘(F) serve a multistate area; and
‘‘(G) give priority to the provision of equip-
ment and linkages to isolated areas; and
‘‘(5) involve a telecommunications entity (such
as a satellite, cable, telephone, computer, or public or
private television stations) participating in the eligi-
ble entity and donating equipment or in-kind services
for telecommunications linkages.
‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap-
plications for grants authorized under section 11554, the
Secretary shall, to the extent feasible, ensure an equitable
1535
HR 1 EAS
geographic distribution of services provided under this sub-
part.
‘‘SEC. 11557. LEADERSHIP AND EVALUATION.
‘‘(a) RESERVATION.—From the amount made avail-
able to carry out this subpart in each fiscal year, the Sec-
retary may reserve not more than 5 percent of such amount
for national leadership, evaluation, and peer review activi-
ties.
‘‘(b) METHOD OF FUNDING.—The Secretary may fund
the activities described in subsection (a) directly or through
grants, contracts, and cooperative agreements.
‘‘(c) USES OF FUNDS.—
‘‘(1) LEADERSHIP.—Funds reserved for leader-
ship activities under subsection (a) may be used for—
‘‘(A) disseminating information, including
lists and descriptions of services available from
grant recipients under this subpart; and
‘‘(B) other activities designed to enhance the
quality of distance learning activities nation-
wide.
‘‘(2) EVALUATION.—Funds reserved for evalua-
tion activities under subsection (a) may be used to
conduct independent evaluations of the activities as-
sisted under this subpart and of distance learning in
general, including—
1536
HR 1 EAS
‘‘(A) analyses of distance learning efforts,
including such efforts that are assisted under
this subpart and such efforts that are not as-
sisted under this subpart; and
‘‘(B) comparisons of the effects, including
student outcomes, of different technologies in dis-
tance learning efforts.
‘‘(3) PEER REVIEW.—Funds reserved for peer re-
view activities under subsection (a) may be used for
peer review of—
‘‘(A) applications for grants under this sub-
part; and
‘‘(B) activities assisted under this subpart.
‘‘SEC. 11558. DEFINITIONS.
‘‘In this subpart:
‘‘(1) EDUCATIONAL
INSTITUTION.—The term
‘educational institution’ means an institution of high-
er education, a local educational agency, or a State
educational agency.
‘‘(2) INSTRUCTIONAL PROGRAMMING.—The term
‘instructional programming’ means courses of in-
struction and training courses for elementary and
secondary students, teachers, and others, and mate-
rials for use in such instruction and training that
have been prepared in audio and visual form on tape,
1537
HR 1 EAS
disc, film, or live, and presented by means of tele-
communications devices.
‘‘(3) PUBLIC BROADCASTING ENTITY.—The term
‘public broadcasting entity’ has the same meaning
given such term in section 397 of the Communica-
tions Act of 1934.
‘‘SEC. 11559. ADMINISTRATIVE PROVISIONS.
‘‘(a) CONTINUING ELIGIBILITY.—
‘‘(1) IN GENERAL.—In order to be eligible to re-
ceive a grant under section 11554 for a second 3-year
grant period an eligible entity shall demonstrate in
the application submitted pursuant to section 11556
that such partnership shall—
‘‘(A) continue to provide services in the sub-
ject areas and geographic areas assisted with
funds received under this subpart for the pre-
vious 5-year grant period; and
‘‘(B) use all grant funds received under this
subpart for the second 3-year grant period to
provide expanded services by—
‘‘(i) increasing the number of students,
schools, or school districts served by the
courses of instruction assisted under this
part in the previous fiscal year;
1538
HR 1 EAS
‘‘(ii) providing new courses of instruc-
tion; and
‘‘(iii) serving new populations of un-
derserved individuals, such as children or
adults who are disadvantaged, have limited
English proficiency, are individuals with
disabilities, are illiterate, or lack secondary
school diplomas or their recognized equiva-
lent.
‘‘(2) SPECIAL RULE.—Grant funds received pur-
suant to paragraph (1) shall be used to supplement
and not supplant services provided by the grant re-
cipient under this subpart in the previous fiscal year.
‘‘(b) FEDERAL ACTIVITIES.—The Secretary may assist
grant recipients under section 11554 in acquiring satellite
time, where appropriate, as economically as possible.
‘‘SEC. 11560. OTHER ASSISTANCE.
‘‘(a) SPECIAL STATEWIDE NETWORK.—
‘‘(1) IN GENERAL.—The Secretary, through the
Office of Educational Technology, may provide assist-
ance to a statewide telecommunications network
under this subsection if such network—
‘‘(A) provides 2-way full motion interactive
video and audio communications;
1539
HR 1 EAS
‘‘(B) links together public colleges and uni-
versities and secondary schools throughout the
State; and
‘‘(C) meets any other requirements deter-
mined appropriate by the Secretary.
‘‘(2) STATE
CONTRIBUTION.—A statewide tele-
communications network assisted under paragraph
(1) shall contribute, either directly or through private
contributions, non-Federal funds equal to not less
than 50 percent of the cost of such network.
‘‘(b) SPECIAL LOCAL NETWORK.—
‘‘(1) IN GENERAL.—The Secretary may provide
assistance, on a competitive basis, to a local edu-
cational agency or consortium thereof to enable such
agency or consortium to establish a high technology
demonstration program.
‘‘(2) PROGRAM
REQUIREMENTS.—A high tech-
nology demonstration program assisted under para-
graph (1) shall—
‘‘(A) include 2-way full motion interactive
video, audio, and text communications;
‘‘(B) link together elementary schools and
secondary schools, colleges, and universities;
‘‘(C) provide parent participation and fam-
ily programs;
1540
HR 1 EAS
‘‘(D) include a staff development program;
and
‘‘(E) have a significant contribution and
participation from business and industry.
‘‘(3) MATCHING
REQUIREMENT.—A local edu-
cational agency or consortium receiving a grant
under paragraph (1) shall provide, either directly or
through private contributions, non-Federal matching
funds equal to not less than 50 percent of the amount
of the grant.
‘‘(c) TELECOMMUNICATIONS
PROGRAMS
FOR
CON-
TINUING EDUCATION.—
‘‘(1) AUTHORITY.—The Secretary is authorized
to award grants, on a competitive basis, to eligible
entities to develop and operate 1 or more programs
which provide online access to educational resources
in support of continuing education and curriculum
requirements relevant to achieving a secondary school
diploma or its recognized equivalent. The program
authorized by this section shall be designed to advance
adult literacy, secondary school completion, and the
acquisition of specified competency by the end of the
12th grade.
1541
HR 1 EAS
‘‘(2) APPLICATION.—Each eligible entity desiring
a grant under this section shall submit an applica-
tion to the Secretary. Each such application shall—
‘‘(A) demonstrate that the applicant will
use publicly funded or free public telecommuni-
cations infrastructure to deliver video, voice, and
data in an integrated service to support and as-
sist in the acquisition of a secondary school di-
ploma or its recognized equivalent;
‘‘(B) assure that the content of the materials
to be delivered is consistent with the accredita-
tion requirements of the State for which such
materials are used;
‘‘(C) incorporate, to the extent feasible, ma-
terials developed in the Federal departments and
agencies and under appropriate federally funded
projects and programs;
‘‘(D) assure that the applicant has the tech-
nological and substantive experience to carry out
the program; and
‘‘(E) contain such additional assurances as
the Secretary may reasonably require.
‘‘Subpart 3—Arts in Education
‘‘SEC. 11571. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress finds that—
1542
HR 1 EAS
‘‘(1) the arts are forms of understanding and
ways of knowing that are fundamentally important to
education;
‘‘(2) the arts are important to excellent edu-
cation and to effective school reform;
‘‘(3) the most significant contribution of the arts
to education reform is the transformation of teaching
and learning;
‘‘(4) such transformation is best realized in the
context of comprehensive, systemic education reform;
‘‘(5) a growing body of research indicates that
arts education provides significant cognitive benefits
and can bolster academic achievement for all stu-
dents;
‘‘(6) participation in performing arts activities
has proven to be an effective strategy for promoting
the inclusion of persons with disabilities in main-
stream settings;
‘‘(7) opportunities in the arts have enabled per-
sons of all ages with disabilities to participate more
fully in school and community activities;
‘‘(8) the arts can motivate at-risk students to
stay in school and become active participants in the
educational process; and
1543
HR 1 EAS
‘‘(9) arts education should be an integral part of
the elementary school and secondary school cur-
riculum.
‘‘(b) PURPOSES.—The purposes of this section are to—
‘‘(1) support systemic education reform by
strengthening arts education as an integral part of
the elementary school and secondary school cur-
riculum;
‘‘(2) help ensure that all students have the oppor-
tunity to learn to challenging State content standards
and challenging State student performance standards
in the arts; and
‘‘(3) support the national effort to enable all stu-
dents to demonstrate competence in the arts.
‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out the
purposes of this section, the Secretary is authorized to
award grants to, or enter into contracts or cooperative
agreements with—
‘‘(1) State educational agencies;
‘‘(2) local educational agencies;
‘‘(3) institutions of higher education;
‘‘(4) museums and other cultural institutions;
and
‘‘(5) other public and private agencies, institu-
tions, and organizations.
1544
HR 1 EAS
‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this sec-
tion may be used for—
‘‘(1) research on arts education;
‘‘(2) the development of, and dissemination of in-
formation about, model arts education programs;
‘‘(3) the development of model arts education as-
sessments based on high standards;
‘‘(4) the development and implementation of cur-
riculum frameworks for arts education;
‘‘(5) the development of model preservice and in-
service professional development programs for arts
educators and other instructional staff;
‘‘(6) supporting collaborative activities with
other Federal agencies or institutions involved in arts
education, such as the National Endowment for the
Arts, the Institute of Museum and Library Services,
the John F. Kennedy Center for the Performing Arts,
VSA Arts, and the National Gallery of Art;
‘‘(7) supporting model projects and programs in
the performing arts for children and youth through
arrangements made with the John F. Kennedy Center
for the Performing Arts;
‘‘(8) supporting model projects and programs by
VSA Arts which assure the participation in main-
1545
HR 1 EAS
stream settings in arts and education programs of in-
dividuals with disabilities;
‘‘(9) supporting model projects and programs to
integrate arts education into the regular elementary
school and secondary school curriculum; and
‘‘(10) other activities that further the purposes of
this section.
‘‘(e) COORDINATION.—
‘‘(1) IN GENERAL.—A recipient of funds under
this section shall, to the extent possible, coordinate
projects assisted under this section with appropriate
activities of public and private cultural agencies, in-
stitutions, and organizations, including museums,
arts education associations, libraries, and theaters.
‘‘(2) SPECIAL RULE.—In carrying out this sec-
tion, the Secretary shall coordinate with the National
Endowment for the Arts, the Institute of Museum and
Library Services, the John F. Kennedy Center for the
Performing Arts, VSA Arts, and the National Gallery
of Art.
‘‘(f) SPECIAL RULE.—If the amount made available
to the Secretary to carry out this subpart for any fiscal
year is $15,000,000 or less, then such amount shall only
be available to carry out the activities described in para-
graphs (7) and (8) of subsection (d).
1546
HR 1 EAS
‘‘Subpart 4—School Counseling
‘‘SEC. 
11601. 
ELEMENTARY 
SCHOOL 
AND 
SECONDARY
SCHOOL COUNSELING DEMONSTRATION.
‘‘(a) COUNSELING DEMONSTRATION.—
‘‘(1) IN GENERAL.—The Secretary may award
grants under this section to local educational agencies
to enable the local educational agencies to establish or
expand elementary school and secondary school coun-
seling programs.
‘‘(2) PRIORITY.—In awarding grants under this
section, the Secretary shall give special consideration
to applications describing programs that—
‘‘(A) demonstrate the greatest need for new
or additional counseling services among the chil-
dren in the schools served by the applicant;
‘‘(B) propose the most promising and inno-
vative approaches for initiating or expanding
school counseling; and
‘‘(C) show the greatest potential for replica-
tion and dissemination.
‘‘(3) EQUITABLE
DISTRIBUTION.—In awarding
grants under this section, the Secretary shall ensure
an equitable geographic distribution among the re-
gions of the United States and among urban, subur-
ban, and rural areas.
1547
HR 1 EAS
‘‘(4) DURATION.—A grant under this section
shall be awarded for a period not to exceed three
years.
‘‘(5) MAXIMUM GRANT.—A grant under this sec-
tion shall not exceed $400,000 for any fiscal year.
‘‘(b) APPLICATIONS.—
‘‘(1) IN GENERAL.—Each local educational agen-
cy desiring a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may reasonably require.
‘‘(2) CONTENTS.—Each application for a grant
under this section shall—
‘‘(A) describe the school population to be
targeted by the program, the particular personal,
social, emotional, educational, and career devel-
opment needs of such population, and the cur-
rent school counseling resources available for
meeting such needs;
‘‘(B) describe the activities, services, and
training to be provided by the program and the
specific approaches to be used to meet the needs
described in subparagraph (A);
1548
HR 1 EAS
‘‘(C) describe the methods to be used to
evaluate the outcomes and effectiveness of the
program;
‘‘(D) describe the collaborative efforts to be
undertaken with institutions of higher education,
businesses, 
labor 
organizations, 
community
groups, social service agencies, and other public
or private entities to enhance the program and
promote school-linked services integration;
‘‘(E) describe collaborative efforts with in-
stitutions of higher education which specifically
seek to enhance or improve graduate programs
specializing in the preparation of school coun-
selors, school psychologists, and school social
workers;
‘‘(F) document that the applicant has the
personnel qualified to develop, implement, and
administer the program;
‘‘(G) describe how any diverse cultural pop-
ulations, if applicable, would be served through
the program;
‘‘(H) assure that the funds made available
under this subpart for any fiscal year will be
used to supplement and, to the extent prac-
ticable, increase the level of funds that would oth-
1549
HR 1 EAS
erwise be available from non-Federal sources for
the program described in the application, and in
no case supplant such funds from non-Federal
sources; and
‘‘(I) assure that the applicant will appoint
an advisory board composed of parents, school
counselors, school psychologists, school social
workers, other pupil services personnel, teachers,
school administrators, and community leaders to
advise the local educational agency on the design
and implementation of the program.
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—From amounts made avail-
able to carry out this section, the Secretary shall
award grants to local education agencies to be used
to initiate or expand elementary or secondary school
counseling programs that comply with the require-
ments of paragraph (2).
‘‘(2) PROGRAM REQUIREMENTS.—Each program
assisted under this section shall—
‘‘(A) be comprehensive in addressing the
personal, social, emotional, and educational
needs of all students;
‘‘(B) use a developmental, preventive ap-
proach to counseling;
1550
HR 1 EAS
‘‘(C) increase the range, availability, quan-
tity, and quality of counseling services in the
schools of the local educational agency;
‘‘(D) 
expand 
counseling 
services 
only
through qualified school counselors, school psy-
chologists, and school social workers;
‘‘(E) use innovative approaches to increase
children’s understanding of peer and family re-
lationships, work and self, decisionmaking, or
academic and career planning, or to improve so-
cial functioning;
‘‘(F) provide counseling services that are
well-balanced among classroom group and small
group counseling, individual counseling, and
consultation with parents, teachers, administra-
tors, and other pupil services personnel;
‘‘(G) include inservice training for school
counselors, school social workers, school psycholo-
gists, other pupil services personnel, teachers,
and instructional staff;
‘‘(H) involve parents of participating stu-
dents in the design, implementation, and evalua-
tion of a counseling program;
‘‘(I) involve collaborative efforts with insti-
tutions of higher education, businesses, labor or-
1551
HR 1 EAS
ganizations, community groups, social service
agencies, or other public or private entities to en-
hance the program and promote school-linked
services integration; and
‘‘(J) evaluate annually the effectiveness and
outcomes of the counseling services and activities
assisted under this section.
‘‘(3) REPORT.—The Secretary shall issue a re-
port evaluating the programs assisted pursuant to
each grant under this subpart at the end of each
grant period.
‘‘(4) DISSEMINATION.—The Secretary shall make
the programs assisted under this section available for
dissemination, either through the National Diffusion
Network or other appropriate means.
‘‘(5) LIMIT ON ADMINISTRATION.—Not more than
5 percent of the amounts made available under this
section in any fiscal year shall be used for adminis-
trative costs to carry out this section.
‘‘(d) DEFINITIONS.—For purposes of this section:
‘‘(1) SCHOOL
COUNSELOR.—The term ‘school
counselor’ means an individual who has documented
competence in counseling children and adolescents in
a school setting and who—
1552
HR 1 EAS
‘‘(A) possesses State licensure or certifi-
cation granted by an independent professional
regulatory authority;
‘‘(B) in the absence of such State licensure
or certification, possesses national certification
in school counseling or a specialty of counseling
granted by an independent professional organi-
zation; or
‘‘(C) holds a minimum of a master’s degree
in school counseling from a program accredited
by the Council for Accreditation of Counseling
and Related Educational Programs or the equiv-
alent.
‘‘(2) SCHOOL PSYCHOLOGIST.—The term ‘school
psychologist’ means an individual who—
‘‘(A) possesses a minimum of 60 graduate
semester hours in school psychology from an in-
stitution of higher education and has completed
1,200 clock hours in a supervised school psy-
chology internship, of which 600 hours shall be
in the school setting;
‘‘(B) possesses State licensure or certifi-
cation in the State in which the individual
works; or
1553
HR 1 EAS
‘‘(C) in the absence of such State licensure
or certification, possesses national certification
by the National School Psychology Certification
Board.
‘‘(3) SCHOOL SOCIAL WORKER.—The term ‘school
social worker’ means an individual who—
‘‘(A)(i) holds a master’s degree in social
work from a program accredited by the Council
on Social Work Education; and
‘‘(ii) is licensed or certified by the State in
which services are provided; or
‘‘(B) in the absence of such licensure or cer-
tification, possesses a national certification or
credential as a school social work specialist that
has been awarded by an independent profes-
sional organization.
‘‘(4) SUPERVISOR.—The term ‘supervisor’ means
an individual who has the equivalent number of years
of professional experience in such individual’s respec-
tive discipline as is required of teaching experience
for the supervisor or administrative credential in the
State of such individual.
‘‘SEC. 11602. SPECIAL RULE.
‘‘For any fiscal year in which the amount made avail-
able to carry out this subpart is at least $60,000,000, then
1554
HR 1 EAS
at least $60,000,000 shall be made available in such fiscal
year to establish or expand elementary school counseling
programs.
‘‘Subpart 5—Partnerships in Character Education
‘‘SEC. 11651. SHORT TITLE.
‘‘This subpart may be cited as the ‘Strong Character
for Strong Schools Act’.
‘‘SEC. 11652. PARTNERSHIPS IN CHARACTER EDUCATION
PROGRAM.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to award grants to eligible entities for the design and
implementation of character education programs that
may incorporate the elements of character described
in subsection (d).
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means—
‘‘(A) a State educational agency in partner-
ship with 1 or more local educational agencies;
‘‘(B) a State educational agency in partner-
ship with—
‘‘(i) one or more local educational
agencies; and
1555
HR 1 EAS
‘‘(ii) one or more nonprofit organiza-
tions or entities, including institutions of
higher education;
‘‘(C) a local educational agency or consor-
tium of local educational agencies; or
‘‘(D) a local educational agency in partner-
ship with another nonprofit organization or en-
tity, including institutions of higher education.
‘‘(3) DURATION.—Each grant under this section
shall be awarded for a period not to exceed 3 years,
of which the eligible entity shall not use more than 1
year for planning and program design.
‘‘(4) AMOUNT
OF
GRANTS
FOR
STATE
EDU-
CATIONAL AGENCIES.—Subject to the availability of
appropriations, the amount of grant made by the Sec-
retary to a State educational agency in a partnership
described in subparagraph (A) or (B) of paragraph
(2), that submits an application under subsection (b)
and that meets such requirements as the Secretary
may establish under this section, shall not be less than
$500,000.
‘‘(b) APPLICATIONS.—
‘‘(1) REQUIREMENT.—Each eligible entity desir-
ing a grant under this section shall submit an appli-
1556
HR 1 EAS
cation to the Secretary at such time and in such
manner as the Secretary may require.
‘‘(2) CONTENTS OF APPLICATION.—Each appli-
cation submitted under this section shall include—
‘‘(A) a description of any partnerships or
collaborative efforts among the organizations and
entities of the eligible entity;
‘‘(B) a description of the goals and objec-
tives of the program proposed by the eligible en-
tity;
‘‘(C) a description of activities that will be
pursued and how those activities will contribute
to meeting the goals and objectives described in
subparagraph (B), including—
‘‘(i) how parents, students (including
students with physical and mental disabil-
ities), and other members of the community,
including members of private and nonprofit
organizations, will be involved in the design
and implementation of the program and
how the eligible entity will work with the
larger community to increase the reach and
promise of the program;
‘‘(ii) curriculum and instructional
practices that will be used or developed;
1557
HR 1 EAS
‘‘(iii) methods of teacher training and
parent education that will be used or devel-
oped; and
‘‘(iv) how the program will be linked to
other efforts in the schools to improve stu-
dent performance;
‘‘(D) in the case of an eligible entity that is
a State educational agency—
‘‘(i) a description of how the State edu-
cational agency will provide technical and
professional assistance to its local edu-
cational agency partners in the development
and implementation of character education
programs; and
‘‘(ii) a description of how the State
educational agency will assist other inter-
ested local educational agencies that are not
members of the original partnership in de-
signing and establishing character edu-
cation programs;
‘‘(E) a description of how the eligible entity
will evaluate the success of its program—
‘‘(i) based on the goals and objectives
described in subparagraph (B); and
1558
HR 1 EAS
‘‘(ii) in cooperation with the national
evaluation conducted pursuant to subsection
(c)(2)(B)(iii);
‘‘(F) an assurance that the eligible entity
annually will provide to the Secretary such in-
formation as may be required to determine the
effectiveness of the program; and
‘‘(G) any other information that the Sec-
retary may require.
‘‘(c) EVALUATION AND PROGRAM DEVELOPMENT.—
‘‘(1) EVALUATION AND REPORTING.—
‘‘(A) STATE
AND
LOCAL
REPORTING
AND
EVALUATION.—Each eligible entity receiving a
grant under this section shall submit to the Sec-
retary a comprehensive evaluation of the pro-
gram assisted under this section, including the
impact on students (including students with
physical and mental disabilities), teachers, ad-
ministrators, parents, and others—
‘‘(i) by the second year of the program;
and
‘‘(ii) not later than 1 year after com-
pletion of the grant period.
‘‘(B) CONTRACTS FOR EVALUATION.—Each
eligible entity receiving a grant under this sec-
1559
HR 1 EAS
tion may contract with outside sources, includ-
ing institutions of higher education, and private
and nonprofit organizations, for purposes of
evaluating its program and measuring the suc-
cess of the program toward fostering character in
students.
‘‘(2) NATIONAL RESEARCH, DISSEMINATION, AND
EVALUATION.—
‘‘(A) IN GENERAL.—The Secretary is au-
thorized to make grants to, or enter into con-
tracts or cooperative agreements with, State or
local educational agencies, institutions of higher
education, tribal organizations, or other public
or private agencies or organizations to carry out
research, development, dissemination, technical
assistance, and evaluation activities that support
or inform State and local character education
programs. The Secretary shall reserve not more
than 5 percent of the funds made available under
this section to carry out this paragraph.
‘‘(B) USES.—Funds made available under
subparagraph (A) may be used—
‘‘(i) to conduct research and develop-
ment activities that focus on matters such
as—
1560
HR 1 EAS
‘‘(I) the effectiveness of instruc-
tional models for all students, includ-
ing students with physical and mental
disabilities;
‘‘(II) materials and curricula that
can be used by programs in character
education;
‘‘(III) models of professional de-
velopment in character education; and
‘‘(IV) the development of measures
of effectiveness for character education
programs which may include the fac-
tors described in paragraph (3);
‘‘(ii) to provide technical assistance to
State and local programs, particularly on
matters of program evaluation;
‘‘(iii) to conduct a national evaluation
of State and local programs receiving fund-
ing under this section; and
‘‘(iv) to compile and disseminate,
through various approaches (such as a na-
tional clearinghouse)—
‘‘(I) information on model char-
acter education programs;
1561
HR 1 EAS
‘‘(II) character education mate-
rials and curricula;
‘‘(III) research findings in the
area of character education and char-
acter development; and
‘‘(IV) any other information that
will be useful to character education
program participants, educators, par-
ents, administrators, and others na-
tionwide.
‘‘(C) PRIORITY.—In carrying out national
activities under this paragraph related to devel-
opment, dissemination, and technical assistance,
the Secretary shall seek to enter into partner-
ships with national, nonprofit character edu-
cation organizations with expertise and success-
ful experience in implementing local character
education programs that have had an effective
impact on schools, students (including students
with disabilities), and teachers.
‘‘(3) FACTORS.—Factors which may be consid-
ered in evaluating the success of programs funded
under this section may include—
‘‘(A) discipline issues;
‘‘(B) student performance;
1562
HR 1 EAS
‘‘(C) participation in extracurricular ac-
tivities;
‘‘(D) parental and community involvement;
‘‘(E) faculty and administration involve-
ment;
‘‘(F) student and staff morale; and
‘‘(G) overall improvements in school climate
for all students, including students with physical
and mental disabilities.
‘‘(d) ELEMENTS OF CHARACTER.—Each eligible entity
desiring funding under this section shall develop character
education programs that may incorporate elements of char-
acter such as—
‘‘(1) caring;
‘‘(2) civic virtue and citizenship;
‘‘(3) justice and fairness;
‘‘(4) respect;
‘‘(5) responsibility;
‘‘(6) trustworthiness; and
‘‘(7) any other elements deemed appropriate by
the members of the eligible entity.
‘‘(e) USE OF FUNDS BY STATE EDUCATIONAL AGENCY
RECIPIENTS.—Of the total funds received in any fiscal year
under this section by an eligible entity that is a State edu-
cational agency—
1563
HR 1 EAS
‘‘(1) not more than 10 percent of such funds may
be used for administrative purposes; and
‘‘(2) the remainder of such funds may be used
for—
‘‘(A) collaborative initiatives with and be-
tween local educational agencies and schools;
‘‘(B) the preparation or purchase of mate-
rials, and teacher training;
‘‘(C) grants to local educational agencies,
schools, or institutions of higher education; and
‘‘(D) technical assistance and evaluation.
‘‘(f) SELECTION OF GRANTEES.—
‘‘(1) CRITERIA.—The Secretary shall select,
through peer review, eligible entities to receive grants
under this section on the basis of the quality of the
applications submitted under subsection (b), taking
into consideration such factors as—
‘‘(A) the quality of the activities proposed to
be conducted;
‘‘(B) the extent to which the program fosters
character in students and the potential for im-
proved student performance;
‘‘(C) the extent and ongoing nature of pa-
rental, student, and community involvement;
1564
HR 1 EAS
‘‘(D) the quality of the plan for measuring
and assessing success; and
‘‘(E) the likelihood that the goals of the pro-
gram will be realistically achieved.
‘‘(2) DIVERSITY OF PROJECTS.—The Secretary
shall approve applications under this section in a
manner that ensures, to the extent practicable, that
programs assisted under this section—
‘‘(A) serve different areas of the Nation, in-
cluding urban, suburban, and rural areas; and
‘‘(B) serve schools that serve minorities, Na-
tive Americans, students of limited-English pro-
ficiency, disadvantaged students, and students
with disabilities.
‘‘(g) PARTICIPATION BY PRIVATE SCHOOL CHILDREN
AND TEACHERS.—Grantees under this section shall provide,
to the extent feasible and appropriate, for the participation
of students and teachers in private elementary and sec-
ondary schools in programs and activities under this sec-
tion.
‘‘Subpart 6—Women’s Educational Equity Act
‘‘SEC. 11701. SHORT TITLE; FINDINGS.
‘‘(a) SHORT TITLE.—This subpart may be cited as the
‘Women’s Educational Equity Act of 2001’.
‘‘(b) FINDINGS.—Congress finds that—
1565
HR 1 EAS
‘‘(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 prac-
tices relate to women and girls, for example—
‘‘(A) sexual harassment, particularly that
experienced by girls, undermines the ability of
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 mathematics
and science courses as boys, girls lose confidence
in their mathematics and science ability as girls
1566
HR 1 EAS
move through adolescence, and there are few
women role models in the sciences; and
‘‘(D) pregnant and parenting teenagers are
at high risk for dropping out of school and exist-
ing dropout prevention programs do not ade-
quately address the needs of such teenagers;
‘‘(4) efforts to improve the quality of public edu-
cation also must include efforts to ensure equal access
to quality education programs for all women and
girls;
‘‘(5) Federal support should address not only re-
search and development of innovative model curricula
and teaching and learning strategies to promote gen-
der 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 efforts 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.
1567
HR 1 EAS
‘‘SEC. 11702. STATEMENT OF PURPOSES.
‘‘It is the purpose of this subpart—
‘‘(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-
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. 11703. PROGRAMS AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized—
‘‘(1) to promote, coordinate, and evaluate gender
equity policies, programs, activities, and initiatives
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 assist-
ance 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;
1568
HR 1 EAS
‘‘(5) to assist the Assistant Secretary of the Of-
fice of Educational Research and Improvement in
identifying research priorities related to education eq-
uity for women and girls; and
‘‘(6) to perform any other activities consistent
with achieving the purposes of this subpart.
‘‘(b) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to make grants to, and enter into contracts and coop-
erative agreements with, public agencies, private non-
profit agencies, organizations, institutions, student
groups, community groups, and individuals, for a pe-
riod not to exceed 4 years, to—
‘‘(A) provide grants to develop model equity
programs; and
‘‘(B) provide funds for the implementation
of equity programs in schools throughout the Na-
tion.
‘‘(2) SUPPORT AND TECHNICAL ASSISTANCE.—To
achieve the purposes of this subpart, the Secretary is
authorized 
to 
provide 
support 
and 
technical
assistance—
‘‘(A) to implement effective gender-equity
policies and programs at all educational levels,
including—
1569
HR 1 EAS
‘‘(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;
‘‘(v) enhancing educational and career
opportunities for those women and girls
who suffer multiple forms of discrimination,
1570
HR 1 EAS
based on sex, and on race, ethnic origin,
limited English proficiency, disability, so-
cioeconomic 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 programs
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;
‘‘(x) nondiscriminatory tests of apti-
tude and achievement and of alternative as-
sessments that eliminate biased assessment
instruments from use;
1571
HR 1 EAS
‘‘(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 representa-
tion of women in educational administra-
tion at all levels; and
‘‘(xiii) planning, development, and ini-
tial implementation of—
‘‘(I) 
comprehensive 
institution-
wide or districtwide evaluation to as-
sess 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
and institutions of higher education,
including community colleges; and
‘‘(III) innovative approaches to
school-community 
partnerships 
for
educational equity;
1572
HR 1 EAS
‘‘(B) for research and development, which
shall be coordinated with each of the research in-
stitutes of the Office of Educational Research
and Improvement to avoid duplication of re-
search efforts, designed to advance gender equity
nationwide and to help make policies and prac-
tices in educational agencies and institutions,
and 
local 
communities, 
gender 
equitable,
including—
‘‘(i) research and development of inno-
vative strategies and model training pro-
grams for teachers and other education per-
sonnel;
‘‘(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 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;
1573
HR 1 EAS
‘‘(v) the development of instruments
and strategies for evaluation, dissemination,
and replication of promising or exemplary
programs designed to assist local edu-
cational agencies in integrating gender eq-
uity in their educational policies and prac-
tices;
‘‘(vi) 
updating 
high-quality 
edu-
cational materials previously developed
through awards made under this subpart;
‘‘(vii) the development of policies and
programs to address and prevent sexual
harassment and violence to ensure that edu-
cational institutions are free from threats to
safety of students and personnel;
‘‘(viii) the development and improve-
ment of programs and activities to increase
opportunity for women, including con-
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
1574
HR 1 EAS
‘‘(ix) the development of guidance and
counseling activities, including career edu-
cation programs, designed to ensure gender
equity.
‘‘SEC. 11704. APPLICATIONS.
‘‘An application under this subpart shall—
‘‘(1) set forth policies and procedures that will
ensure a comprehensive evaluation of the activities as-
sisted under this subpart, 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) demonstrate how the applicant will address
perceptions of gender roles based on cultural dif-
ferences or stereotypes;
‘‘(3) for applications for assistance under section
11703(b)(1), demonstrate how the applicant will fos-
ter 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 edu-
1575
HR 1 EAS
cational funding which may include State literacy re-
source centers;
‘‘(4) for applications for assistance under section
11703(b)(1), demonstrate how parental involvement
in the project will be encouraged; and
‘‘(5) for applications for assistance under section
11703(b)(1), describe plans for continuation of the ac-
tivities assisted under this subpart with local support
following completion of the grant period and termi-
nation of Federal support under this subpart.
‘‘SEC. 11705. CRITERIA AND PRIORITIES.
‘‘(a) CRITERIA AND PRIORITIES.—
‘‘(1) IN GENERAL.—The Secretary shall establish
separate criteria and priorities for awards under
paragraphs (1) and (2) of section 11703(b) to ensure
that funds under this subpart 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 activi-
ties 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-
1576
HR 1 EAS
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-
tinue as a central activity of the applicant after
the grant under this subpart has terminated.
‘‘(b) PRIORITIES.—In approving applications under
this subpart, the Secretary may give special consideration
to applications—
‘‘(1) submitted by applicants that have not re-
ceived assistance under this subpart or this subpart’s
predecessor authorities;
‘‘(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—
1577
HR 1 EAS
‘‘(A) provide for a comprehensive approach
to enhancing gender equity in educational insti-
tutions and agencies;
‘‘(B) draw on a variety of resources, includ-
ing the resources of local educational agencies,
community-based organizations, institutions of
higher education, and private organizations;
‘‘(C) implement a strategy with long-term
impact that will continue as a central activity
of the applicant after the grant under this sub-
part has terminated;
‘‘(D) address issues of national significance
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 subpart
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
1578
HR 1 EAS
‘‘(3) urban, rural, and suburban educational in-
stitutions.
‘‘(d) COORDINATION.—Research activities supported
under this subpart—
‘‘(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
enhance the research and development activities sup-
ported by the Office; and
‘‘(2) may include collaborative research activities
which are jointly funded and carried out with the Of-
fice of Educational Research and Improvement.
‘‘(e) LIMITATION.—Nothing in this subpart shall be
construed as prohibiting men and boys from participating
in any programs or activities assisted with funds under this
subpart.
‘‘SEC. 11706. REPORT.
‘‘The Secretary, not later than January 1, 2007, shall
submit to the President and Congress a report on the status
of educational equity for girls and women in the Nation.
‘‘SEC. 11707. ADMINISTRATION.
‘‘(a) EVALUATION
AND DISSEMINATION.—The Sec-
retary shall evaluate and disseminate materials and pro-
grams developed under this subpart and shall report to Con-
1579
HR 1 EAS
gress regarding such evaluation materials and programs
not later than January 1, 2006.
‘‘(b) PROGRAM OPERATIONS.—The Secretary shall en-
sure that the activities assisted under this subpart are ad-
ministered within the Department by a person who has rec-
ognized professional qualifications and experience in the
field of gender equity education.
‘‘SEC. 11708. AMOUNT.
‘‘From amounts made available to carry out this sub-
part for a fiscal year, not less than 2⁄3 of such amount shall
be used to carry out the activities described in section
11703(b)(1).
‘‘Subpart 7—Physical Education for Progress
‘‘SEC. 11751. SHORT TITLE.
‘‘This subpart may be cited as the ‘Physical Education
for Progress Act’.
‘‘SEC. 11752. PURPOSE.
‘‘The purpose of this subpart is to award grants and
contracts to initiate, expand and improve physical edu-
cation programs for all kindergarten through 12th grade
students.
‘‘SEC. 11753. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) Physical education is essential to the devel-
opment of growing children.
1580
HR 1 EAS
‘‘(2) Physical education helps improve the over-
all health of children by improving their cardio-
vascular endurance, muscular strength and power,
and flexibility, and by enhancing weight regulation,
bone development, posture, skillful moving, active life-
style habits, and constructive use of leisure time.
‘‘(3) Physical education helps improve the self es-
teem, interpersonal relationships, responsible behav-
ior, and independence of children.
‘‘(4) Children who participate in high quality
daily physical education programs tend to be more
healthy and physically fit.
‘‘(5) The percentage of young people who are
overweight has more than doubled in the 30 years
preceding 1999.
‘‘(6) Low levels of activity contribute to the high
prevalence of obesity among children in the United
States.
‘‘(7) Obesity related diseases cost the United
States economy more than $100,000,000,000 every
year.
‘‘(8) Inactivity and poor diet cause at least
300,000 deaths a year in the United States.
‘‘(9) Physically fit adults have significantly re-
duced risk factors for heart attacks and stroke.
1581
HR 1 EAS
‘‘(10) Children are not as active as they should
be and fewer than one in four children get 20 minutes
of vigorous activity every day of the week.
‘‘(11) The Surgeon General’s 1996 Report on
Physical Activity and Health, and the Centers for
Disease Control and Prevention, recommend daily
physical education for all students in kindergarten
through grade 12.
‘‘(12) Twelve years after Congress passed House
Concurrent Resolution 97, 100th Congress, agreed to
December 11, 1987, encouraging State and local gov-
ernments and local educational agencies to provide
high quality daily physical education programs for
all children in kindergarten through grade 12, little
progress has been made.
‘‘(13) Every student in our Nation’s schools,
from kindergarten through grade 12, should have the
opportunity to participate in quality physical edu-
cation. It is the unique role of quality physical edu-
cation programs to develop the health-related fitness,
physical competence, and cognitive understanding
about physical activity for all students so that the
students can adopt healthy and physically active life-
styles.
1582
HR 1 EAS
‘‘SEC. 11754. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized to award grants to, and
enter into contracts with, local educational agencies and
community based organizations such as Boys and Girls
Clubs, Boy Scouts and Girl Scouts, and YMCA and YWCA,
to pay the Federal share of the costs of initiating, expand-
ing, and improving physical education programs, including
after school programs for kindergarten through grade 12
students by—
‘‘(1) providing equipment and support to enable
students to actively participate in physical education
activities; and
‘‘(2) providing funds for staff and teacher train-
ing and education.
‘‘SEC. 11755. APPLICATIONS; PROGRAM ELEMENTS.
‘‘(a) APPLICATIONS.—Each local educational agency
and community based organization desiring a grant or con-
tract under this subpart shall submit to the Secretary an
application that contains a plan to initiate, expand, or im-
prove physical education programs in order to make
progress toward meeting State standards for physical edu-
cation.
‘‘(b) PROGRAM ELEMENTS.—A physical education
program described in any application submitted under sub-
section (a) may provide—
1583
HR 1 EAS
‘‘(1) fitness education and assessment to help
children understand, improve, or maintain their
physical well-being;
‘‘(2) instruction in a variety of motor skills and
physical activities designed to enhance the physical,
mental, and social or emotional development of every
child;
‘‘(3) development of cognitive concepts about
motor skill and physical fitness that support a life-
long healthy lifestyle;
‘‘(4) opportunities to develop positive social and
cooperative skills through physical activity participa-
tion;
‘‘(5) instruction in healthy eating habits and
good nutrition; and
‘‘(6) teachers of physical education the oppor-
tunity for professional development to stay abreast of
the latest research, issues, and trends in the field of
physical education.
‘‘(c) SPECIAL RULE.—For the purpose of this subpart,
extracurricular activities such as team sports and Reserve
Officers’ Training Corps (ROTC) program activities shall
not be considered as part of the curriculum of a physical
education program assisted under this subpart.
1584
HR 1 EAS
‘‘SEC. 11756. PROPORTIONALITY.
‘‘The Secretary shall ensure that grants awarded and
contracts entered into under this subpart shall be equitably
distributed between local educational agencies and commu-
nity based organizations serving urban and rural areas,
and between local educational agencies and community
based organizations serving large and small numbers of stu-
dents.
‘‘SEC. 11757. PRIVATE SCHOOL STUDENTS AND HOME-
SCHOOLED STUDENTS.
‘‘An application for funds under this subpart may
provide for the participation, in the activities funded under
this subpart, of—
‘‘(1) home-schooled children, and their parents
and teachers; or
‘‘(2) children enrolled in private nonprofit ele-
mentary schools or secondary schools, and their par-
ents and teachers.
‘‘SEC. 11758. REPORT REQUIRED FOR CONTINUED FUNDING.
‘‘As a condition to continue to receive grant or con-
tract funding after the first year of a multiyear grant or
contract under this subpart, the administrator of the grant
or contract for the local educational agency or community
based organization shall submit to the Secretary an annual
report that describes the activities conducted during the pre-
1603
HR 1 EAS
‘‘(1) IN GENERAL.—There is established a grant
program to be known as the ‘Theodore Roosevelt En-
vironmental Stewardship Grant Program’ (referred to
in this section as the ‘Program’) for the award and
administration of grants to consortia of institutions
of higher education to pay the Federal share of the
cost of carrying out collaborative student, campus,
and community-based environmental stewardship ac-
tivities.
‘‘(2) FEDERAL SHARE.—The Federal share shall
be 75 percent.
‘‘(b) PURPOSE.—The purpose of the Program is to
build awareness of, encourage commitment to, and promote
participation in environmental stewardship—
‘‘(1) among students at institutions of higher
education; and
‘‘(2) in the relationship between—
‘‘(A) such students and campuses; and
‘‘(B) the communities in which the students
and campuses are located.
‘‘(c) AWARD.—Grants under the Program shall be
made available to consortia of institutions of higher edu-
cation in accordance with an annual competitive selection
process established under subsection (d)(2)(A).
‘‘(d) ADMINISTRATION.—