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‘‘(1) IN GENERAL.—A State educational agen-
cy, local educational agency, or Indian tribe which
desires a waiver shall submit a waiver application to
the Secretary that—
‘‘(A) indicates each Federal program af-
fected and each statutory or regulatory require-
ment requested to be waived;
‘‘(B) describes the purpose and overall ex-
pected results of waiving each such require-
ment;
‘‘(C) describes, for each school year, spe-
cific, measurable, educational goals for the
State educational agency and for each local
educational agency, Indian tribe, or school that
would be affected by the waiver; and
‘‘(D) explains why the waiver will assist
the State educational agency and each affected
local educational agency, Indian tribe, or school
in reaching such goals.
‘‘(2) 
ADDITIONAL
INFORMATION.—Such
requests—
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies,
local educational agencies, Indian tribes, and
schools; and
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‘‘(B) shall be developed and submitted—
‘‘(i)(I) by local educational agencies
(on behalf of such agencies and schools) to
State educational agencies; and
‘‘(II) by State educational agencies
(on behalf of, and based upon the requests
of, local educational agencies) to the Sec-
retary; or
‘‘(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the Sec-
retary.
‘‘(3) GENERAL REQUIREMENTS.—
‘‘(A) In the case of a waiver request sub-
mitted by a State educational agency acting in
its own behalf, the State educational agency
shall—
‘‘(i) provide all interested local edu-
cational agencies in the State with notice
and a reasonable opportunity to comment
on the request;
‘‘(ii) submit the comments to the Sec-
retary; and
‘‘(iii) provide notice and information
to the public regarding the waiver request
in the manner that the applying agency
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customarily provides similar notices and
information to the public.
‘‘(B) In the case of a waiver request sub-
mitted by a local educational agency that re-
ceives funds under this Act—
‘‘(i) such request shall be reviewed by
the State educational agency and be ac-
companied by the comments, if any, of
such State educational agency; and
‘‘(ii) notice and information regarding
the waiver request shall be provided to the
public by the agency requesting the waiver
in the manner that such agency custom-
arily provides similar notices and informa-
tion to the public.
‘‘(c) RESTRICTIONS.—The Secretary shall not waive
under this section any statutory or regulatory require-
ments relating to—
‘‘(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
‘‘(2) maintenance of effort;
‘‘(3) comparability of services;
‘‘(4) use of Federal funds to supplement, not
supplant, non-Federal funds;
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‘‘(5) equitable participation of private school
students and teachers;
‘‘(6) parental participation and involvement;
‘‘(7) applicable civil rights requirements;
‘‘(8) the requirement for a charter school under
part B of title IV; or
‘‘(9) the prohibitions regarding—
‘‘(A) State aid in section 8502;
‘‘(B) use of funds for religious worship or
instruction in section 8507; and
‘‘(C) activities in section 8513.
‘‘(d) DURATION AND EXTENSION OF WAIVER.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the duration of a waiver approved by the
Secretary under this section may be for a period not
to exceed 5 years.
‘‘(2) EXTENSION.—The Secretary may extend
the period described in paragraph (1) if the Sec-
retary determines that—
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipients to carry
out the activities for which the waiver was re-
quested and the waiver has contributed to im-
proved student performance; and
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‘‘(B) such extension is in the public inter-
est.
‘‘(e) REPORTS.—
‘‘(1) LOCAL WAIVER.—A local educational agen-
cy that receives a waiver under this section shall at
the end of the second year for which a waiver is re-
ceived under this section, and each subsequent year,
submit a report to the State educational agency
that—
‘‘(A) describes the uses of such waiver by
such agency or by schools;
‘‘(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers are
requested; and
‘‘(C) evaluates the progress of such agency
and of schools in improving the quality of in-
struction or the academic performance of stu-
dents.
‘‘(2) STATE
WAIVER.—A State educational
agency that receives reports required under para-
graph (1) shall annually submit a report to the Sec-
retary that is based on such reports and contains
such information as the Secretary may require.
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‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe
that receives a waiver under this section shall annu-
ally submit a report to the Secretary that—
‘‘(A) describes the uses of such waiver by
schools operated by such tribe; and
‘‘(B) evaluates the progress of such schools
in improving the quality of instruction or the
academic performance of students.
‘‘(4) REPORT TO CONGRESS.—Beginning in fis-
cal year 2002 and each subsequent year, the Sec-
retary shall submit to the Committee on Education
and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor
and Pensions of the Senate a report—
‘‘(A) summarizing the uses of waivers by
State educational agencies, local educational
agencies, Indian tribes, and schools; and
‘‘(B) describing whether such waivers—
‘‘(i) increased the quality of instruc-
tion to students; or
‘‘(ii) improved the academic perform-
ance of students.
‘‘(f) TERMINATION
OF WAIVERS.—The Secretary
shall terminate a waiver under this section if the Secretary
determines, after notice and an opportunity for a hearing,
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that the performance of the State or other recipient af-
fected by the waiver has been inadequate to justify a con-
tinuation of the waiver or if the waiver is no longer nec-
essary to achieve its original purposes.
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be
published in the Federal Register and the Secretary shall
provide for the dissemination of such notice to State edu-
cational agencies, interested parties, including educators,
parents, students, advocacy and civil rights organizations,
and the public.
‘‘PART E—UNIFORM PROVISIONS
‘‘SEC. 8501. MAINTENANCE OF EFFORT.
‘‘(a) IN GENERAL.—A local educational agency may
receive funds under a covered program for any fiscal year
only if the State educational agency finds that either the
combined fiscal effort per student or the aggregate ex-
penditures of such agency and the State with respect to
the provision of free public education by such agency for
the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for
the second preceding fiscal year.
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
‘‘(1) IN
GENERAL.—The State educational
agency shall reduce the amount of the allocation of
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funds under a covered program in any fiscal year in
the exact proportion to which a local educational
agency fails to meet the requirement of subsection
(a) of this section by falling below 90 percent of
both the combined fiscal effort per student and ag-
gregate expenditures (using the measure most favor-
able to such local agency).
‘‘(2) SPECIAL RULE.—No such lesser amount
shall be used for computing the effort required
under subsection (a) of this section for subsequent
years.
‘‘(c) WAIVER.—The Secretary may waive the require-
ments of this section if the Secretary determines that such
a waiver would be equitable due to—
‘‘(1) exceptional or uncontrollable circumstances
such as a natural disaster; or
‘‘(2) a precipitous decline in the financial re-
sources of the local educational agency.
‘‘SEC. 8502. PROHIBITION REGARDING STATE AID.
‘‘A State shall not take into consideration payments
under this Act (other than under title VI) in determining
the eligibility of any local educational agency in such State
for State aid, or the amount of State aid, with respect
to free public education of children.
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‘‘SEC. 8503. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘(a) PRIVATE SCHOOL PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this Act, to the extent consistent with the
number of eligible children in areas served by a
State educational agency, local educational agency,
educational service agency, consortium of such agen-
cies, or another entity receiving financial assistance
under a program specified in subsection (b), who are
enrolled in private elementary and secondary schools
in areas served by such agency, consortium or entity,
such agency, consortium or entity shall, after timely
and meaningful consultation with appropriate pri-
vate school officials, provide such children and their
teachers or other educational personnel, on an equi-
table basis, special educational services or other ben-
efits that address their needs under such program.
‘‘(2) SECULAR, NEUTRAL, AND
NONIDEOLOG-
ICAL SERVICES OR BENEFITS.—Educational services
or other benefits, including materials and equipment,
provided under this section, shall be secular, neutral,
and nonideological.
‘‘(3) SPECIAL RULE.—Educational services and
other benefits provided under this section for such
private school children, teachers, and other edu-
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cational personnel shall be equitable in comparison
to services and other benefits for public school chil-
dren, teachers, and other educational personnel par-
ticipating in such program and shall be provided in
a timely manner.
‘‘(4) EXPENDITURES.—Expenditures for edu-
cational services and other benefits provided under
this section to eligible private school children, their
teachers, and other educational personnel serving
such children shall be equal, taking into account the
number and educational needs of the children to be
served, to the expenditures for participating public
school children.
‘‘(5) PROVISION OF SERVICES.—Such agency,
consortium or entity described in subsection (a)(1)
of this section may provide such services directly or
through contracts with public and private agencies,
organizations, and institutions.
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section applies to pro-
grams under—
‘‘(A) part B, subpart 1 of title I;
‘‘(B) part C of title I;
‘‘(C) part A of title II;
‘‘(D) part A of title III;
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‘‘(E) part A of title V; and
‘‘(F) part B of title V.
‘‘(2) DEFINITION.—For the purposes of this
section, the term ‘eligible children’ means children
eligible for services under a program described in
paragraph (1).
‘‘(c) CONSULTATION.—
‘‘(1) IN
GENERAL.—To ensure timely and
meaningful consultation, a State educational agency,
local educational agency, educational service agency,
consortium of such agencies or entity shall consult
with appropriate private school officials during the
design and development of the programs under this
Act, on issues such as—
‘‘(A) how the children’s needs will be iden-
tified;
‘‘(B) what services will be offered;
‘‘(C) how, where, and by whom the services
will be provided;
‘‘(D) how the services will be assessed and
how the results of the assessment will be used
to improve such services;
‘‘(E) the size and scope of the equitable
services to be provided to the eligible private
school children, teachers, and other educational
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personnel and the amount of funds available for
such services; and
‘‘(F) how and when the agency, consor-
tium, or entity will make decisions about the
delivery of services, including a thorough con-
sideration and analysis of the views of the pri-
vate school officials on the provision of contract
services through potential third party providers.
‘‘(2) DISAGREEMENT.—If the agency, consor-
tium or entity disagrees with the views of the private
school officials on the provision of services through
a contract, the agency, consortium, or entity shall
provide in writing to such private school officials an
analysis of the reasons why the local educational
agency has chosen not to use a contractor.
‘‘(3) TIMING.—Such consultation shall occur
before the agency, consortium, or entity makes any
decision that affects the opportunities of eligible pri-
vate school children, teachers, and other educational
personnel to participate in programs under this Act,
and shall continue throughout the implementation
and assessment of activities under this section.
‘‘(4) DISCUSSION
REQUIRED.—Such consulta-
tion shall include a discussion of service delivery
mechanisms that the agency, consortium, or entity
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could use to provide equitable services to eligible pri-
vate school children, teachers, administrators, and
other staff.
‘‘(d) PUBLIC CONTROL OF FUNDS.—
‘‘(1) IN GENERAL.—The control of funds used
to provide services under this section, and title to
materials, equipment, and property purchased with
such funds, shall be in a public agency for the uses
and purposes provided in this Act, and a public
agency shall administer such funds and property.
‘‘(2) PROVISION OF SERVICES.—
‘‘(A) The provision of services under this
section shall be provided—
‘‘(i) by employees of a public agency;
or
‘‘(ii) through contract by such public
agency with an individual, association,
agency, organization, or other entity.
‘‘(B) In the provision of such services, such
employee, person, association, agency, organiza-
tion or other entity shall be independent of such
private school and of any religious organization,
and such employment or contract shall be under
the control and supervision of such public agen-
cy.
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‘‘(C) Funds used to provide services under
this section shall not be commingled with non-
Federal funds.
‘‘SEC. 8504. STANDARDS FOR BY-PASS.
‘‘If, by reason of any provision of law, a State edu-
cational agency, local educational agency, educational
service agency, consortium, or other entity of such agen-
cies, is prohibited from providing for the participation in
programs of children enrolled in, or teachers or other edu-
cational personnel from, private elementary and secondary
schools, on an equitable basis, or if the Secretary deter-
mines that such agency consortium or entity has substan-
tially failed or is unwilling to provide for such participa-
tion, as required by section 8503, the Secretary shall—
‘‘(1) waive the requirements of that section for
such agency, consortium, or entity;
‘‘(2) arrange for the provision of equitable serv-
ices to such children, teachers, or other educational
personnel through arrangements that shall be sub-
ject to the requirements of this section and of sec-
tions 8503, 8505, and 8506; and
‘‘(3) in making the determination, consider one
or more factors, including the quality, size, scope, lo-
cation of the program and the opportunity of private
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school children, teachers, and other educational per-
sonnel to participate.
‘‘SEC. 8505. COMPLAINT PROCESS FOR PARTICIPATION OF
PRIVATE SCHOOL CHILDREN.
‘‘(a) PROCEDURES
FOR COMPLAINTS.—The Sec-
retary shall develop and implement written procedures for
receiving, investigating, and resolving complaints from
parents, teachers, or other individuals and organizations
concerning violations of section 8503 by a State edu-
cational agency, local educational agency, educational
service agency, consortium of such agencies or entity.
Such individual or organization shall submit such com-
plaint to the State educational agency for a written resolu-
tion by the State educational agency within a reasonable
period of time.
‘‘(b) APPEALS TO SECRETARY.—Such resolution may
be appealed by an interested party to the Secretary not
later than 30 days after the State educational agency re-
solves the complaint or fails to resolve the complaint with-
in a reasonable period of time. Such appeal shall be ac-
companied by a copy of the State educational agency’s res-
olution, and a complete statement of the reasons sup-
porting the appeal. The Secretary shall investigate and re-
solve each such appeal not later than 120 days after re-
ceipt of the appeal.
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‘‘SEC. 8506. BY-PASS DETERMINATION PROCESS.
‘‘(a) REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) The Secretary shall not take any final
action under section 8504 until the State edu-
cational agency, local educational agency, edu-
cational service agency, consortium of such
agencies or entity affected by such action has
had an opportunity, for not less than 45 days
after receiving written notice thereof, to submit
written objections and to appear before the Sec-
retary to show cause why that action should not
be taken.
‘‘(B) Pending final resolution of any inves-
tigation or complaint that could result in a de-
termination under this section, the Secretary
may withhold from the allocation of the affected
State or local educational agency the amount
estimated by the Secretary to be necessary to
pay the cost of those services.
‘‘(2) PETITION FOR REVIEW.—
‘‘(A) If such affected agency consortium or
entity is dissatisfied with the Secretary’s final
action after a proceeding under paragraph (1),
such agency consortium or entity may, within
60 days after notice of such action, file with the
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United States court of appeals for the circuit in
which such State is located a petition for review
of that action.
‘‘(B) A copy of the petition shall be forth-
with transmitted by the clerk of the court to the
Secretary.
‘‘(C) The Secretary upon receipt of the
copy of the petition shall file in the court the
record of the proceedings on which the Sec-
retary based this action, as provided in section
2112 of title 28, United States Code.
‘‘(3) FINDINGS OF FACT.—
‘‘(A) The findings of fact by the Secretary,
if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown,
may remand the case to the Secretary to take
further evidence and the Secretary may then
make new or modified findings of fact and may
modify the Secretary’s previous action, and
shall file in the court the record of the further
proceedings.
‘‘(B) Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
‘‘(4) JURISDICTION.—
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‘‘(A) Upon the filing of such petition, the
court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in
whole or in part.
‘‘(B) The judgment of the court shall be
subject to review by the Supreme Court of the
United States upon certiorari or certification as
provided in section 1254 of title 28, United
States Code.
‘‘(b) DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines, in consultation with such agen-
cy, consortium or entity and representatives of the af-
fected private school children, teachers, or other edu-
cational personnel that there will no longer be any failure
or inability on the part of such agency or consortium to
meet the applicable requirements of section 8503 or any
other provision of this Act.
‘‘(c) PAYMENT FROM STATE
ALLOTMENT.—When
the Secretary arranges for services pursuant to this sec-
tion, the Secretary shall, after consultation with the ap-
propriate public and private school officials, pay the cost
of such services, including the administrative costs of ar-
ranging for those services, from the appropriate allocation
or allocations under this Act.
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‘‘(d) PRIOR DETERMINATION.—Any by-pass deter-
mination by the Secretary under this Act as in effect on
the day preceding the date of enactment of the No Child
Left Behind Act of 2001 shall remain in effect to the ex-
tent the Secretary determines that such determination is
consistent with the purpose of this section.
‘‘SEC. 8507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS
WORSHIP OR INSTRUCTION.
‘‘Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
‘‘SEC. 8508. APPLICABILITY.
‘‘Nothing in this Act shall be construed to affect
home schools, whether or not a home school is treated as
a home school or a private school under State law (con-
sistent with section 8509), nor shall any home schooled
student be required to participate in any assessment ref-
erenced in this Act.
‘‘SEC. 8509. PRIVATE SCHOOLS.
‘‘Nothing in this Act shall be construed to affect any
private school that does not receive funds or services under
this Act nor shall any student who attends a private school
that does not receive funds or services under this Act be
required to participate in any assessment referenced in
this Act.
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‘‘SEC. 8510. PRIVACY OF ASSESSMENT RESULTS.
‘‘Any results from individual assessments referenced
in this Act which become part of the education records
of the student shall have the protections as provided in
section 444 of the General Education Provisions Act.
‘‘SEC. 
8511. 
GENERAL 
PROVISION 
REGARDING 
NON-
RECIPIENT NONPUBLIC SCHOOLS.
‘‘Nothing in this Act, or any other Act administered
by the Department, shall be construed to permit, allow,
encourage, or authorize any Federal control over any as-
pect of any private, religious, or home school, whether or
not a home school is treated as a private school or home
school under State law. This section shall not be construed
to bar private, religious, or home schools from participa-
tion in programs or services under this Act.
‘‘SEC. 8512. SCHOOL PRAYER.
‘‘As a condition for receipt of funds under this Act,
a local educational agency shall certify in writing to the
Secretary that no policy of the agency prevents or other-
wise denies participation in constitutionally protected
prayer in public schools.
‘‘SEC. 8513. GENERAL PROHIBITIONS.
‘‘(a) PROHIBITION.—None of the funds authorized
under this Act shall be used—
‘‘(1) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at
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youth that are designed to promote or encourage,
sexual activity, whether homosexual or heterosexual;
‘‘(2) to distribute or to aid in the distribution
by any organization of legally obscene materials to
minors on school grounds;
‘‘(3) to provide sex education or HIV preven-
tion education in schools unless such instruction is
age appropriate and emphasizes the health benefits
of abstinence; or
‘‘(4) to operate a program of contraceptive dis-
tribution in schools.
‘‘(b) LOCAL CONTROL.—Nothing in this section shall
be construed to—
‘‘(1) authorize an officer or employee of the
Federal Government to direct, review, or control a
State, local educational agency, or schools’ instruc-
tional content, curriculum, and related activities;
‘‘(2) limit the application of the General Edu-
cation Provisions Act (20 U.S.C.A. 1221 et seq.);
‘‘(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
‘‘(4) create any legally enforceable right.
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‘‘SEC. 8514. PROHIBITION ON FEDERAL MANDATES, DIREC-
TION, AND CONTROL.
‘‘(a) GENERAL PROHIBITION.—Officers and employ-
ees of the Federal Government are prohibited from man-
dating, directing, or controlling a State, local educational
agency, or school’s curriculum, program of instruction, or
allocation of State or local resources, or mandating a State
or any subdivision thereof to spend any funds or incur
any costs not paid for under this Act.
‘‘(b) PROHIBITION OF FEDERAL MANDATES, DIREC-
TION, OR CONTROL.—Nothing in this Act shall be con-
strued to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school’s specific instructional con-
tent or academic achievement standards and assessments,
curriculum, or program of instruction as a condition of
eligibility to receive funds under this Act.
‘‘(c) EQUALIZED SPENDING.—Nothing in this Act
shall be construed to mandate equalized spending per
pupil for a State, local educational agency, or school.
‘‘(d) BUILDING STANDARDS.—Nothing in this Act
shall be construed to mandate national school building
standards for a State, local agency, or school.
‘‘SEC. 8515. RULEMAKING.
‘‘The Secretary shall issue regulations under this Act
only to the extent that such regulations are necessary to
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ensure that there is compliance with the specific require-
ments and assurances required by this Act.
‘‘SEC. 8516. REPORT ON DEPARTMENT AUDITS.
‘‘The Secretary shall report to the Congress not later
than 180 days after the date of enactment of the No Child
Left Behind Act of 2001 regarding how the Secretary
shall ensure that audits conducted by Department employ-
ees of activities assisted under this Act comply with
changes to this Act made by the No Child Left Behind
Act of 2001, particularly with respect to permitting chil-
dren with similar educational needs to be served in the
same educational settings, where appropriate.
‘‘SEC. 8517. STUDY OF TESTING.
‘‘(a) IN GENERAL.—The Secretary shall provide for
a study of the effects of testing on students in elementary
and secondary schools. Such study may include—
‘‘(1) overall improvement or decline in what
students are learning based on independent meas-
ures;
‘‘(2) changes in course offerings, teaching prac-
tices, course content, and instructional material;
‘‘(3) changes in rates of teacher and adminis-
trator turnover;
‘‘(4) changes in dropout, grade retention and
graduation rates for students;
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‘‘(5) costs of preparing for, conducting and
grading the assessments in terms of dollars ex-
pended by the school district and time expended by
students and teachers; and
‘‘(6) such other effects as the Secretary may
deem appropriate.
‘‘(b) REPORT.—Not later than 2 years after the date
of enactment of the No Child Left Behind Act of 2001,
the Secretary shall transmit to the Committee on Edu-
cation and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pen-
sions of the Senate a report on the study conducted under
subsection (a).
‘‘(c) 
SUBSEQUENT
CONGRESSIONAL
CONSIDER-
ATION.—After receipt of the report described in subsection
(b), Congress may consider whether it is appropriate to
enact legislation to mitigate any negative effects on stu-
dents in elementary or secondary schools caused by test-
ing.
‘‘SEC. 8518. REQUIRED APPROVAL OR CERTIFICATION PRO-
HIBITED.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of Federal law, no State shall be required to have
academic content standards or student academic achieve-
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ment standards approved or certified by the Federal Gov-
ernment, in order to receive assistance under this Act.
‘‘(b) CONSTRUCTION.—Nothing in this section shall
be construed to affect requirements under title I of this
Act.
‘‘SEC. 8519. PROHIBITION ON ENDORSEMENT OF CUR-
RICULUM.
‘‘Notwithstanding any other prohibition of Federal
law, no funds provided to the Department of Education
or to any applicable program may be used by the Depart-
ment to endorse, approve, or sanction any curriculum de-
signed to be used in an elementary or secondary school.
‘‘SEC. 8520. RULE OF CONSTRUCTION ON PERSONALLY
IDENTIFIABLE INFORMATION.
‘‘Nothing in this Act shall be construed to permit the
development of a national database of personally identifi-
able information on individuals involved in studies or in
data collection efforts under this Act.
‘‘SEC. 8521. ARMED SERVICES RECRUITING.
‘‘Any secondary school that receives Federal funds
under this Act shall permit regular United States Armed
Services recruitment activities on school grounds, in a
manner reasonably accessible to all students of such
school.
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‘‘SEC. 8522. SEVERABILITY.
‘‘If any provision of this Act is held invalid, the re-
mainder of this Act shall be unaffected thereby.
‘‘SEC. 8523. ENCOURAGE EDUCATION SAVINGS.
‘‘To the extent practicable, the Secretary shall pro-
mote education savings accounts in States that have quali-
fied State tuition programs (as defined in section 529 of
the Internal Revenue Code of 1986).
‘‘SEC. 8524. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE; USE OF AMERICAN-MADE STEEL.
‘‘(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In
providing financial assistance under this Act, the head of
each Federal agency shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
‘‘(c) USE
OF AMERICAN-MADE STEEL.—A school
system receiving financial assistance under this Act for
construction shall use American-made steel for such con-
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struction and shall comply with the requirements of the
Buy American Act.
‘‘PART F—SENSE OF CONGRESS
‘‘SEC. 8601. PAPERWORK REDUCTION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) instruction and other classroom activities
provide the greatest opportunity for students, espe-
cially at-risk and disadvantaged students, to attain
high standards and achieve academic success;
‘‘(2) one of the greatest obstacles to estab-
lishing an effective, classroom-centered education
system is the cost of paperwork compliance;
‘‘(3) paperwork places a burden on teachers
and administrators who must complete Federal and
State forms to apply for Federal funds and absorbs
time and money which otherwise would be spent on
students;
‘‘(4) the Education at a Crossroads Report re-
leased in 1998 by the Education Subcommittee on
Oversight and Investigations states that require-
ments by the Department of Education result in
more than 48,600,000 hours of paperwork per year;
and
‘‘(5) paperwork distracts from the mission of
schools, encumbers teachers, and administrators
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with nonacademic responsibilities, and competes with
teaching and classroom activities which promote
learning and achievement.
‘‘(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Federal and State educational agencies should
reduce the paperwork requirements placed on schools,
teachers, principles, and other administrators.
‘‘SEC. 8602. PROHIBITION ON MANDATORY NATIONAL CER-
TIFICATION 
OF 
TEACHERS 
AND 
PARA-
PROFESSIONALS.
‘‘(a) PROHIBITION
ON MANDATORY TESTING
OR
CERTIFICATION.—Notwithstanding any other provision of
law, the Secretary is prohibited from using Federal funds
to plan, develop, implement, or administer any mandatory
national teacher or paraprofessional test or certification.
‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The
Secretary is prohibited from withholding funds from any
State or local educational agency if such State or local
educational agency fails to adopt a specific method of
teacher or paraprofessional certification.
‘‘SEC. 8603. PROHIBITION ON FEDERALLY SPONSORED
TESTING.
‘‘Notwithstanding any other provision of Federal law,
no funds provided under this Act to the Secretary or to
the recipient of any award may be used to develop, pilot
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test, field test, implement, administer, or distribute any
federally sponsored national test in reading, mathematics,
or any other subject, unless specifically and explicitly au-
thorized by law.
‘‘SEC. 8604. SENSE OF CONGRESS REGARDING MEMORIALS.
‘‘It is the sense of Congress that—
‘‘(1) the saying of a prayer, the reading of a
scripture, or the performance of religious music, as
part of a memorial service that is held on the cam-
pus of a public elementary or secondary school in
order to honor the memory of any person slain on
that campus is not objectionable under this Act; and
‘‘(2) the design and construction of any memo-
rial which includes religious symbols, motifs, or
sayings that is placed on the campus of a public ele-
mentary or secondary school in order to honor the
memory of any person slain on that campus is not
objectionable under this Act.
‘‘SEC. 8605. EFFECTIVE USE OF FEDERAL ELEMENTARY
AND SECONDARY EDUCATION FUNDS.
‘‘It is the sense of the Congress that the Secretary,
State educational agencies, and local educational agencies
should work together to ensure that not less than 95 per-
cent of all funds appropriated to carry out elementary and
secondary education programs under this Act is spent di-
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rectly to improve the academic achievement of the Na-
tion’s children in their classrooms.
‘‘PART G—EVALUATIONS
‘‘SEC. 8651. EVALUATIONS.
‘‘(a) RESERVATION OF FUNDS.—Except as provided
in subsections (b) and (c), the Secretary may reserve not
more than 0.5 percent of the amount appropriated to
carry out each categorical program and demonstration
project authorized under this Act—
‘‘(1) to conduct—
‘‘(A) comprehensive evaluations of the pro-
gram or project; and
‘‘(B) studies of the effectiveness of the pro-
grams or project and its administrative impact
on schools and local educational agencies;
‘‘(2) to evaluate the aggregate short- and long-
term effects and cost efficiencies across Federal pro-
grams assisted or authorized under this Act and re-
lated Federal preschool, elementary and secondary
programs under any other Federal law; and
‘‘(3) to increase the usefulness of evaluations of
grant recipients in order to ensure the continuous
progress of the program or project by improving the
quality, timeliness, efficiency, and utilization of in-
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formation relating to performance under the pro-
gram or project.
‘‘(b) TITLE I EXCLUDED.—The Secretary may not
reserve under subsection (a) funds appropriated to carry
out any program authorized under title I.
‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSE-
WHERE.—If, under any other provision of this Act (other
than title I), funds are authorized to be reserved or used
for evaluation activities with respect to a program or
project, the Secretary may not reserve additional funds
under this section for the evaluation of such program or
project.’’.
SEC. 802. COMPREHENSIVE REGIONAL ASSISTANCE CEN-
TERS.
(a) IN GENERAL.—Part A of title XIII (20 U.S.C.
8621 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 801; and
(2) is redesignated as part H.
(b) REDESIGNATION OF SECTIONS.—Sections 13101
through 13105 are redesignated as sections 8701 through
8705, respectively.
(c) CONFORMING AMENDMENTS.—
(1) REQUIREMENTS.—Section 8702(a) (as re-
designated by subsection (b)) is amended—
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(A) by striking ‘‘section 13101(a)’’ and in-
serting ‘‘section 8701(a)’’; and
(B) in paragraph (7), by striking ‘‘section
13201’’ and inserting ‘‘section 8751’’.
(2) 
MAINTENANCE
OF
SERVICE.—Section
8703(b) (as redesignated by subsection (b)) is
amended—
(A) in paragraph (1), by striking ‘‘section
13102’’ and inserting ‘‘section 8702’’; and
(B) in paragraph (2)—
(i) by striking ‘‘section 13201’’ and
inserting ‘‘section 8751’’; and
(ii) by striking ‘‘section 13401’’ and
inserting ‘‘section 8851’’.
(3) TRANSITION.—Section 8704(b)(1) (as re-
designated by subsection (b)) is amended by striking
‘‘section 13105’’ and inserting ‘‘section 8705’’.
SEC. 803. NATIONAL DIFFUSION NETWORK.
(a) IN GENERAL.—Part B of title XIII (20 U.S.C.
8651 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 802; and
(2) is redesignated as part I.
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(b) REDESIGNATION OF SECTIONS.—Sections 13201
and 13202 are redesignated as sections 8751 and 8752,
respectively.
(c) CONFORMING AMENDMENT.—Section 8751 (as
redesignated by subsection (b)) is amended—
(1) in subsection (e)(3), by striking ‘‘under part
C’’ through the end thereof and inserting ‘‘under
part F; and’’; and
(2) in subsection (f)(4), by striking ‘‘section
13401’’ and inserting ‘‘section 8851’’.
SEC. 804. EISENHOWER REGIONAL MATHEMATICS AND
SCIENCE EDUCATION CONSORTIA.
(a) IN GENERAL.—Part C of title XIII (20 U.S.C.
8671 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 803; and
(2) is redesignated as part J.
(b) REDESIGNATION OF SECTIONS.—Sections 13301
through 13308 are redesignated as sections 8801 through
8808, respectively.
(c) CONFORMING AMENDMENTS.—
(1) 
GRANT
AUTHORIZATION.—Section
8801(a)(3) (as redesignated by subsection (b)) is
amended by striking ‘‘section 13308’’ and inserting
‘‘section 8808’’.
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(2) USE OF FUNDS.—Section 8802 (as redesig-
nated by subsection (b)) is amended—
(A) by striking ‘‘section 13304’’ and in-
serting ‘‘section 8804’’;
(B) 
in 
paragraph 
(2), 
by 
striking
‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’; and
(C) 
in 
paragraph 
(3), 
by 
striking
‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’.
(3) PAYMENTS.—Section 8805 (as redesignated
by subsection (b)) is amended in each of subsections
(a) and (c) by striking ‘‘section 13303’’ and insert-
ing ‘‘section 8803’’.
(4) EVALUATION.—Section 8806(a) (as redesig-
nated by subsection (b)) is amended by striking
‘‘section 14701’’ and inserting ‘‘section 8651’’.
(5) DEFINITIONS.—Section 8807(4) (as redes-
ignated by subsection (b)) is amended by striking
‘‘section 13301’’ and inserting ‘‘section 8801’’.
SEC. 805. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
(a) IN GENERAL.—Part D of title XIII (20 U.S.C.
8701)—
(1) is transferred to the end of title VIII, as
amended by section 804; and
(2) is redesignated as part K.
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(b) REDESIGNATION OF SECTION.—Section 13401 is
redesignated as section 8851.
SEC. 806. REGIONAL TECHNICAL SUPPORT AND PROFES-
SIONAL DEVELOPMENT.
(a) IN GENERAL.—Subpart 3 of part A of title III
(20 U.S.C. 6861 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 805; and
(2) is redesignated as part L.
(b) REDESIGNATION OF SECTION.—Section 3141 is
redesignated as section 8901.
(c) CONFORMING AMENDMENT.—Section 8901 (as
redesignated by subsection (b)) is amended by striking
‘‘part C of title XIII’’ and inserting ‘‘part J’’.
TITLE IX—MISCELLANEOUS
PROVISIONS
PART A—AMENDMENTS TO OTHER ACTS
Subpart 1—National Education Statistics Act
SEC. 901. AMENDMENT TO NESA.
Section 411 of the National Education Statistics Act
of 1994 (20 U.S.C. 9010) is amended—
(1) by amending subsection (b)(2) to read as
follows:
‘‘(2) STATE ASSESSMENTS.—(A) The Commis-
sioner, in carrying out the National Assessment—
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‘‘(i) may conduct State assessments of stu-
dent achievement in grades 4, 8, and 12; and
‘‘(ii) shall conduct annual State assess-
ments of student achievement in reading and
mathematics in grades 4 and 8 in order for
States to carry out section 1111(c)(2) of the
Elementary and Secondary Education Act of
1965.
‘‘(B)(i) Except as provided in clause (ii), a par-
ticipating State shall review and give permission for
the release of results from any test of its students
administered as a part of a State assessment prior
to the release of the data. Refusal by a State to re-
lease its data shall not restrict the release of data
from other States that have approved the release of
that data.
‘‘(ii) A State participating in the annual State
assessments of its students in reading and mathe-
matics in grades 4 and 8 shall be deemed to have
given its permission to release its data if it has an
approved plan under section 1111 of the Elementary
and Secondary Education Act of 1965.’’; and
(2) by amending subsection (d) to read as fol-
lows:
‘‘(d) PARTICIPATION.—
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‘‘(1) NATIONAL
AND
REGIONAL
PARTICIPA-
TION.—Participation in the national and regional as-
sessments by State and local educational agencies
shall be voluntary.
‘‘(2) STATE PARTICIPATION.—Participation in
assessments made on a State basis shall be vol-
untary.’’.
Subpart 2—Homeless Education
SEC. 911. SHORT TITLE.
This subpart may be cited as the ‘‘McKinney-Vento
Homeless Education Assistance Improvements Act of
2001’’.
SEC. 912. FINDINGS.
Congress makes the following findings:
(1) An estimated 1,000,000 children in the
United States will experience homelessness in 2001.
(2) Homelessness has a devastating impact on
the educational opportunities of children and youth.
Homeless children go hungry at more than twice the
rate of other children, have four times the rate of
delayed development, and are twice as likely to re-
peat a grade.
(3) Despite steady progress in school enroll-
ment and attendance resulting from the passage in
1987 of the Stewart B. McKinney Homeless Assist-
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ance Act (42 U.S.C. 11301 et seq.), homeless stu-
dents still face numerous barriers to education, in-
cluding residency, guardianship and registration re-
quirements, delays in the transfer of school records,
and inadequate transportation service.
(4) School is one of the few secure factors in
the lives of homeless children and youth, providing
stability, structure, and accomplishment during a
time of great upheaval.
(5) Homeless children and youth require edu-
cational stability and the opportunity to maintain
regular and consistent attendance in school, so that
they acquire the skills necessary to escape poverty
and lead productive, healthy lives as adults.
(6) In the 14 years since the passage of the
Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11301 et seq.), educators and service pro-
viders have learned much about policies and prac-
tices which help remove the barriers described.
SEC. 913. PURPOSE.
The purpose of this subpart is to strengthen subtitle
B of title VII of Public Law 100–77 (42 U.S.C. 11431
et seq.) by amending it—
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(1) to include innovative practices, proven to be
effective in helping homeless children and youth en-
roll, attend, and succeed in school; and
(2) to help ensure that all children and youth
impacted by the loss of fixed, regular, and adequate
housing receive a quality education and secure their
chance for a brighter future.
SEC. 914. EDUCATION FOR HOMELESS CHILDREN AND
YOUTH.
Subtitle B of title VII of Public Law 100–77 (42
U.S.C. 11431 et seq.) is amended to read as follows:
‘‘Subtitle B—Education for
Homeless Children and Youth
‘‘SEC. 721. STATEMENT OF POLICY.
‘‘It is the policy of the Congress that—
‘‘(1) each State educational agency ensure that
each child of a homeless individual and each home-
less youth has equal access to the same free, public
education, including a public preschool education, as
provided to other children and youth;
‘‘(2) in any State that has a compulsory resi-
dency requirement as a component of the State’s
compulsory school attendance laws or other laws,
regulations, practices, or policies that may act as a
barrier to the enrollment, attendance, or success in
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school of homeless children and youth, the State re-
view and undertake steps to revise such laws, regula-
tions, practices, or policies to ensure that homeless
children and youth are afforded the same free, pub-
lic education as provided to other children and
youth;
‘‘(3) homelessness alone is not sufficient reason
to separate students from the mainstream school en-
vironment; and
‘‘(4) homeless children and youth must have ac-
cess to the education and other services that such
children and youth need to ensure that such children
and youth have an opportunity to meet the same
challenging State student academic achievement
standards to which all students are held.
‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR
THE EDUCATION OF HOMELESS CHILDREN
AND YOUTH.
‘‘(a) GENERAL AUTHORITY.—The Secretary is au-
thorized to make grants to States in accordance with the
provisions of this section to enable such States to carry
out the activities described in subsections (d), (e), (f), and
(g).
‘‘(b) APPLICATION.—No State may receive a grant
under this section unless the State educational agency
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submits 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.
‘‘(c) ALLOCATION AND RESERVATIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2)
and section 724(d), from the amounts appropriated
for each fiscal year under section 726, the Secretary
is authorized to allot to each State an amount that
bears the same ratio to the amount appropriated for
such year under section 726 as the amount allocated
under section 1122 of the Elementary and Sec-
ondary Education Act of 1965 to the State for that
year bears to the total amount allocated under sec-
tion 1122 of such Act to all States for that year, ex-
cept that no State shall receive less than $125,000
or 1⁄2 of 1 percent of the amount appropriated under
section 726, whichever is greater.
‘‘(2) RESERVATION.—(A) The Secretary is au-
thorized to reserve 0.1 percent of the amount appro-
priated for each fiscal year under section 726 to be
allocated by the Secretary among the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, ac-
cording to their respective need for assistance under
this subtitle, as determined by the Secretary.
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‘‘(B)(i) The Secretary shall transfer 1 percent
of the amount appropriated for each fiscal year
under section 726 to the Department of the Interior
for programs for Indian students served by schools
funded by the Secretary of the Interior, as deter-
mined under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.),
that are consistent with the purposes of this Act.
‘‘(ii) The Secretary and the Secretary of the In-
terior shall enter into an agreement, consistent with
the requirements of this part, for the distribution
and use of the funds described in clause (i) under
terms that the Secretary determines best meet the
purposes of the programs described in such clause.
Such agreement shall set forth the plans of the Sec-
retary of the Interior for the use of the amounts
transferred, including appropriate goals, objectives,
and milestones.
‘‘(3) STATE DEFINED.—As used in this sub-
section, the term ‘State’ shall not include the United
States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands.
‘‘(d) ACTIVITIES.—Grants under this section shall be
used—
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‘‘(1) to carry out the policies set forth in sec-
tion 721 in the State;
‘‘(2) to provide activities for, and services to,
homeless children, including preschool-aged homeless
children, and youth that enable such children and
youth to enroll in, attend, and succeed in school, or,
if appropriate, in preschool programs;
‘‘(3) to establish or designate an Office of Coor-
dinator of Education of Homeless Children and
Youth in the State educational agency in accordance
with subsection (f);
‘‘(4) to prepare and carry out the State plan
described in subsection (g); and
‘‘(5) to develop and implement professional de-
velopment programs for school personnel to heighten
their awareness of, and capacity to respond to, spe-
cific problems in the education of homeless children
and youth.
‘‘(e) STATE AND LOCAL GRANTS.—
‘‘(1) MINIMUM DISBURSEMENTS BY STATES.—
From the sums made available each year to carry
out this subtitle, the State educational agency shall
distribute not less than 75 percent in grants to local
educational agencies for the purposes of carrying out
section 723, except that States funded at the min-
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‘‘(C) the involvement of parents or guard-
ians;
‘‘(D) the extent to which homeless children
and youth will be integrated within the regular
education program;
‘‘(E) the quality of the applicant’s evalua-
tion plan for the program;
‘‘(F) the extent to which services provided
under this subtitle will be coordinated with
other available services; and
‘‘(G) such other measures as the State
educational agency considers indicative of a
high-quality program.
‘‘(4) DURATION OF GRANTS.—Grants awarded
under this section shall be for terms not to exceed
3 years.
‘‘(d) AUTHORIZED ACTIVITIES.—A local educational
agency may use funds awarded under this section for ac-
tivities to carry out the purpose of this subtitle,
including—
‘‘(1) the provision of tutoring, supplemental in-
struction, and enriched educational services that are
linked to the achievement of the same challenging
State academic content standards and challenging
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State student academic achievement standards the
State establishes for other children and youth;
‘‘(2) the provision of expedited evaluations of
the strengths and needs of homeless children and
youth, including needs and eligibility for programs
and services (such as educational programs for gift-
ed and talented students, children with disabilities,
and students with limited-English proficiency, serv-
ices provided under title I of the Elementary and
Secondary Education Act of 1965 or similar State
or local programs, programs in vocational and tech-
nical education, and school nutrition programs);
‘‘(3) professional development and other activi-
ties for educators and pupil services personnel that
are designed to heighten the understanding and sen-
sitivity of such personnel to the needs of homeless
children and youth, the rights of such children and
youth under this Act, and the specific educational
needs of runaway and homeless youth;
‘‘(4) the provision of referral services to home-
less children and youth for medical, dental, mental,
and other health services;
‘‘(5) the provision of assistance to defray the
excess cost of transportation for students pursuant
to section 722(g)(4)(A), not otherwise provided