300
•HR 1 RH1&2
‘‘(ii) has been found to have strong evidence
that such model will significantly improve the
performance of participating children.
‘‘(3) SPECIAL
RULE.—A school that receives
funds to develop a comprehensive school reform pro-
gram shall not be limited to using nationally avail-
able approaches, but may develop its own comprehen-
sive school reform program for schoolwide change that
complies with paragraph (2).
‘‘(e) EVALUATION AND REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall develop
a plan for a national evaluation of the programs de-
veloped pursuant to this section.
‘‘(2) EVALUATION.—This national evaluation
shall 
evaluate 
the 
implementation 
and 
results
achieved by schools after 3 years of implementing
comprehensive school reforms, and assess the effective-
ness of comprehensive school reforms in schools with
diverse characteristics.
‘‘(3) REPORTS.—Prior to the completion of a na-
tional evaluation, the Secretary shall submit an in-
terim report outlining first year implementation ac-
tivities to the Committees on Education and the
Workforce and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
301
•HR 1 RH1&2
cation, Labor, and Pensions and Appropriations of
the Senate.
‘‘(f) QUALITY INITIATIVES.—The Secretary, through
grants or contracts, shall provide funds for the following
activities:
‘‘(1) TECHNICAL
ASSISTANCE.—A joint public
and private partnership that receives matching funds
from private organizations, in order to assist States,
local educational agencies, and schools in making in-
formed decisions when approving or selecting pro-
viders of comprehensive school reform, consistent with
the requirements described in subsection (d)(3).
‘‘(2) 
OTHER
ACTIVITIES.—Other 
activities
that—
‘‘(A) encourage the development of com-
prehensive reform models;
‘‘(B) build the capacity of comprehensive
school reform providers to increase the number of
schools the providers can serve; and
‘‘(C) ensure that schools served receive high
quality services that meet the needs of their
teachers and students.’’.
302
•HR 1 RH1&2
PART G—RURAL EDUCATION FLEXIBILITY AND
ASSISTANCE
SEC. 171. RURAL EDUCATION.
Title I is amended by adding at the end the following
new part:
‘‘PART G—RURAL EDUCATION FLEXIBILITY AND
ASSISTANCE
‘‘SEC. 1701. SHORT TITLE.
‘‘This part may be cited as the ‘Rural Education Ini-
tiative Act’.
‘‘SEC. 1702. FINDINGS.
‘‘Congress finds the following:
‘‘(1) While there are rural education initiatives
identified at the State and local level, no Federal edu-
cation policy focuses on the specific and unique needs
of rural school districts and schools.
‘‘(2) Small school districts often cannot use Fed-
eral grant funds distributed by formula because the
formula allocation does not provide enough revenue to
carry out the program the grant is intended to fund.
‘‘(3) Rural schools often cannot compete for Fed-
eral funding distributed by competitive grants because
the schools lack the personnel needed to prepare grant
applications and the resources to hire specialists in
the writing of Federal grant proposals.
303
•HR 1 RH1&2
‘‘(4) A critical problem for rural school districts
involves the hiring and retention of qualified admin-
istrators and certified teachers (especially in reading,
science, and mathematics). As a result, teachers in
rural schools are almost twice as likely to provide in-
struction in three or more subject areas than teachers
in urban schools. Rural schools also face other tough
challenges, such as shrinking local tax bases, high
transportation costs, aging buildings, limited course
offerings, and limited resources.
‘‘Subpart 1—Rural Education Flexibility
‘‘SEC. 1711. FORMULA GRANT PROGRAM AUTHORIZED.
‘‘(a) ALTERNATIVE USES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, an eligible local educational agency
may use the applicable funding, that the agency is el-
igible to receive from the State educational agency for
a fiscal year, to carry out local activities authorized
in part A of title I, part A of title II, part A of title
III, part A of title IV, or part A or B of title V.
‘‘(2) NOTIFICATION.—An eligible local edu-
cational agency shall notify the State educational
agency of the local educational agency’s intention to
use the applicable funding in accordance with para-
304
•HR 1 RH1&2
graph (1) not later than a date that is established by
the State educational agency for the notification.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A local educational agency
shall be eligible to use the applicable funding in ac-
cordance with subsection (a) if—
‘‘(A)(i) the total number of students in aver-
age daily attendance at all of the schools served
by the local educational agency is less than 600;
and
‘‘(ii) all of the schools served by the local
educational agency are designated with a school
locale code of 7 or 8 as determined by the Sec-
retary of Education; or
‘‘(B) the agency meets the criteria estab-
lished in subparagraph (A)(i) and the Secretary,
in accordance with paragraph (2), grants the
local educational agency’s request to waive the
criteria described in subparagraph (A)(ii).
‘‘(2) CERTIFICATION.—The Secretary shall deter-
mine whether or not to waive the criteria described in
paragraph (1)(A)(ii) based on a demonstration by a
local educational agency and concurrence by the State
educational agency that the local educational agency
305
•HR 1 RH1&2
is located in an area defined as rural by a govern-
mental agency of the State.
‘‘(c) APPLICABLE FUNDING.—In this section, the term
‘applicable funding’ means funds provided under part A
of title II, section 3106, part A of title IV, part A of title
V, and section 5212(2)(A).
‘‘(d) DISBURSEMENT.—Each State educational agency
that receives applicable funding for a fiscal year shall dis-
burse the applicable funding to local educational agencies
for alternative uses under this section for the fiscal year
at the same time that the State educational agency dis-
burses the applicable funding to local educational agencies
that do not intend to use the applicable funding for such
alternative uses for the fiscal year.
‘‘(e) SUPPLEMENT
NOT
SUPPLANT.—Funds used
under this section shall be used to supplement and not sup-
plant any other Federal, State, or local education funds
that would otherwise be available for the purpose of this
subpart.
‘‘(f) APPLICABLE RULE.—Except as otherwise pro-
vided in this subpart, funds transferred under this subpart
are subject to each of the rules and requirements applicable
to the funds allocated by the Secretary under the provision
to which the transferred funds are transferred.
306
•HR 1 RH1&2
‘‘SEC. 1712. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to eligible local educational agencies under
section 1711(b) to enable the local educational agencies to
support local or statewide education reform efforts intended
to improve the academic achievement of elementary school
and secondary school students and the quality of instruction
provided for the students.
‘‘(b) ALLOCATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall award a grant to an
eligible local educational agency under section
1711(b) for a fiscal year in an amount equal to the
initial amount determined under paragraph (2) for
the fiscal year minus the total amount received under
the provisions of law described under section 1711(c)
for the preceding fiscal year.
‘‘(2) 
DETERMINATION
OF
THE
INITIAL
AMOUNT.—The initial amount referred to in para-
graph (1) is equal to $100 multiplied by the total
number of students, over 50 students, in average daily
attendance in such eligible agency plus $20,000, ex-
cept that the initial amount may not exceed $60,000.
‘‘(3) RATABLE ADJUSTMENT.—
‘‘(A) IN
GENERAL.—If the amount made
available for this subpart for any fiscal year is
307
•HR 1 RH1&2
not sufficient to pay in full the amounts that
local educational agencies are eligible to receive
under paragraph (1) for such year, the Secretary
shall ratably reduce such amounts for such year.
‘‘(B) ADDITIONAL AMOUNTS.—If additional
funds become available for making payments
under paragraph (1) for such fiscal year, pay-
ments that were reduced under subparagraph (A)
shall be increased on the same basis as such pay-
ments were reduced.
‘‘(4) CENSUS DETERMINATION.—
‘‘(A) IN GENERAL.—Each local educational
agency desiring a grant under this section shall
conduct a census not later than December 1 of
each year to determine the number of kinder-
garten through grade 12 students in average
daily attendance at the schools served by the
local educational agency.
‘‘(B) SUBMISSION.—Each local educational
agency shall submit the number described in sub-
paragraph (A) to the Secretary not later than
March 1 of each year.
‘‘(c) DISBURSAL.—The Secretary shall disburse the
funds awarded to a local educational agency under this sec-
tion for a fiscal year not later than July 1 of that year.
308
•HR 1 RH1&2
‘‘(d) SPECIAL RULE.—A local educational agency that
is eligible to receive a grant under this subpart for a fiscal
year shall be ineligible to receive funds for such fiscal year
under subpart 2.
‘‘(e) SUPPLEMENT
NOT
SUPPLANT.—Funds made
available under this section shall be used to supplement and
not supplant any other Federal, State, or local education
funds.
‘‘SEC. 1713. ACCOUNTABILITY.
‘‘(a) ACADEMIC ACHIEVEMENT.—
‘‘(1) IN GENERAL.—Each local educational agen-
cy that uses or receives funds under section 1711 or
1712 for a fiscal year shall administer an assessment
consistent with section 1111.
‘‘(2) SPECIAL
RULE.—Each local educational
agency that uses or receives funds under section 1711
or 1712 shall use the same assessment described in
paragraph (1) for each year of participation in the
program under such section.
‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION
REGARDING
CONTINUING
PARTICIPATION.—Each State
educational agency that receives funding under the provi-
sions of law described in section 1711(c) shall—
‘‘(1) after the second year that a local edu-
cational agency participates in a program under sec-
309
•HR 1 RH1&2
tion 1711 or 1712 and on the basis of the results of
the assessments described in subsection (a), determine
whether the schools served by the local educational
agency participating in the program performed in ac-
cordance with section 1111; and
‘‘(2) only permit those local educational agencies
that so participated and make adequate yearly
progress, as described in section 1111(b)(2), to con-
tinue to so participate.
‘‘Subpart 2—Rural Education Assistance
‘‘SEC. 1721. PROGRAM AUTHORIZED.
‘‘(a) RESERVATIONS.—From amounts appropriated
under section 1002(f) for this subpart for a fiscal year, the
Secretary shall reserve 1⁄2 of 1 percent to make awards to
elementary or secondary schools operated or supported by
the Bureau of Indian Affairs to carry out the purpose of
this subpart.
‘‘(b) GRANTS TO STATES.—
‘‘(1) IN GENERAL.—From amounts appropriated
under section 1002(f) for this subpart that are not re-
served under subsection (a), the Secretary shall award
grants for a fiscal year to State educational agencies
that have applications approved under section 1723
to enable the State educational agencies to award sub-
310
•HR 1 RH1&2
grants to eligible local educational agencies for local
authorized activities described in subsection (c)(2).
‘‘(2) ALLOCATION.—From amounts appropriated
for this subpart, the Secretary shall allocate to each
State educational agency for a fiscal year an amount
that bears the same ratio to the amount of funds ap-
propriated under section 1002(f) for this subpart that
are not reserved under subsection (a) as the number
of students in average daily attendance served by eli-
gible local educational agencies in the State bears to
the number of all such students served by eligible local
educational agencies in all States for that fiscal year.
‘‘(3) DIRECT AWARDS TO SPECIALLY QUALIFIED
AGENCIES.—
‘‘(A) NONPARTICIPATING STATE.—If a State
educational agency elects not to participate in
the program under this subpart or does not have
an application approved under section 1723 a
specially qualified agency in such State desiring
a grant under this subpart shall submit an ap-
plication under such section directly to the Sec-
retary to receive an award under this subpart.
‘‘(B) DIRECT AWARDS TO SPECIALLY QUALI-
FIED AGENCIES.—The Secretary may award, on
a competitive basis, the amount the State edu-
311
•HR 1 RH1&2
cational agency is eligible to receive under para-
graph (2) directly to specially qualified agencies
in the State.
‘‘(c) LOCAL AWARDS.—
‘‘(1) ELIGIBILITY.—A local educational agency
shall be eligible to receive funds under this subpart
if—
‘‘(A) 20 percent or more of the children aged
5 to 17, inclusive, served by the local educational
agency are from families with incomes below the
poverty line; and
‘‘(B) all of the schools served by the agency
are designated with a school code of 6, 7, or 8
as determined by the Secretary of Education.
‘‘(2) USES OF FUNDS.—Grant funds awarded to
local educational agencies or made available to
schools under this subpart shall be used for—
‘‘(A) teacher recruitment and retention, in-
cluding the use of signing bonuses and other fi-
nancial incentives;
‘‘(B) teacher professional development, in-
cluding programs that train teachers to utilize
technology to improve teaching and to train spe-
cial needs teachers;
312
•HR 1 RH1&2
‘‘(C) educational technology, including soft-
ware and hardware as described in part B of
title V;
‘‘(D) parental involvement activities; or
‘‘(E) programs to improve student academic
achievement.
‘‘SEC. 1722. STATE DISTRIBUTION OF FUNDS.
‘‘(a) AWARD BASIS.—A State educational agency shall
award grants to eligible local educational agencies—
‘‘(1) on a competitive basis; or
‘‘(2) according to a formula based on the number
of students in average daily attendance served by the
eligible local educational agencies or schools (as ap-
propriate) in the State, as determined by the State.
‘‘(b) ADMINISTRATIVE COSTS.—A State educational
agency receiving a grant under this subpart may not use
more than 5 percent of the amount of the grant for State
administrative costs.
‘‘SEC. 1723. APPLICATIONS.
‘‘Each State educational agency and specially quali-
fied agency desiring to receive a grant under this subpart
shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as
the Secretary may require. Such application shall include
specific measurable goals and objectives relating to in-
313
•HR 1 RH1&2
creased student academic achievement, decreased student
dropout rates, or such other factors that the State edu-
cational agency or specially qualified agency may choose
to measure.
‘‘SEC. 1724. REPORTS.
‘‘(a) STATE REPORTS.—Each State educational agen-
cy that receives a grant under this subpart shall provide
an annual report to the Secretary. The report shall
describe—
‘‘(1) the method the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to schools under
this subpart;
‘‘(2) how local educational agencies and schools
used funds provided under this subpart; and
‘‘(3) the degree to which progress has been made
toward meeting the goals and objectives described in
the application submitted under section 1723.
‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—Each
specially qualified agency that receives a grant under this
subpart shall provide an annual report to the Secretary.
Such report shall describe—
‘‘(1) how such agency uses funds provided under
this subpart; and
314
•HR 1 RH1&2
‘‘(2) the degree to which progress has been made
toward meeting the goals and objectives described in
the application submitted under section 1723.
‘‘(c) REPORT TO CONGRESS.—The Secretary shall pre-
pare and submit to the Committee on Education and the
Workforce for the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions for the
Senate an annual report. The report shall describe—
‘‘(1) the methods the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to schools under
this subpart;
‘‘(2) how eligible local educational agencies and
schools used funds provided under this subpart; and
‘‘(3) progress made in meeting specific measur-
able educational goals and objectives.
‘‘SEC. 1725. PERFORMANCE REVIEW.
‘‘Three years after a State educational agency or spe-
cially qualified agency receives funds under this part, the
Secretary shall review the progress of such agency toward
achieving the goals and objectives included in its applica-
tion, to determine whether the agency has made progress
toward meeting such goals and objectives. To review the per-
formance of each agency, the Secretary shall—
315
•HR 1 RH1&2
‘‘(1) review the use of funds of such agency under
section 1721(c)(2); and
‘‘(2) deny the provision of additional funds in
subsequent fiscal years to an agency only if the Sec-
retary determines, after notice and an opportunity for
a hearing, that the agency’s use of funds has been in-
adequate to justify continuation of such funding.
‘‘SEC. 1726. DEFINITIONS.
‘‘In this subpart—
‘‘(1) The term ‘poverty line’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of the
size involved.
‘‘(2) The term ‘specially qualified agency’ means
an eligible local educational agency, located in a
State that does not participate in a program under
this subpart in a fiscal year, that may apply directly
to the Secretary for a grant in such year under sec-
tion 1721(b)(3)(A).
316
•HR 1 RH1&2
‘‘Subpart 3—General Provisions
‘‘SEC. 1731. DEFINITION.
‘‘In this part, the term ‘State’ means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.’’.
PART H—GENERAL PROVISIONS OF TITLE I
SEC. 181. GENERAL PROVISIONS.
Title I is amended further by adding at the end the
following:
‘‘PART H—GENERAL PROVISIONS
‘‘SEC. 1801. FEDERAL REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
issue such regulations as are necessary to ensure reasonable
compliance with this title.
‘‘(b) NEGOTIATED RULEMAKING PROCESS.—
‘‘(1) IN GENERAL.—Prior to publishing in the
Federal Register proposed regulations to carry out
this title, the Secretary shall obtain the advice and
recommendations of representatives of Federal, State,
and local administrators, parents, teachers, para-
professionals, and members of local boards of edu-
cation involved with the implementation and oper-
ation of programs under this title.
‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.—
Such advice and recommendation may be obtained
317
•HR 1 RH1&2
through such mechanisms as regional meetings and
electronic exchanges of information.
‘‘(3) PROPOSED REGULATIONS.—After obtaining
such advice and recommendations, and prior to pub-
lishing proposed regulations, the Secretary shall—
‘‘(A) establish a negotiated rulemaking
process on a minimum of three key issues,
including—
‘‘(i) accountability;
‘‘(ii) implementation of assessments;
and
‘‘(iii) use of paraprofessionals;
‘‘(B) select individuals to participate in
such process from among individuals or groups
which provided advice and recommendations, in-
cluding representation from all geographic re-
gions of the United States; and
‘‘(C) prepare a draft of proposed regulations
that shall be provided to the individuals selected
by the Secretary under subparagraph (B) not
less than 15 days prior to the first meeting
under such process.
‘‘(4) PROCESS.—Such process—
‘‘(A) shall be conducted in a timely manner
to ensure that final regulations are issued by the
318
•HR 1 RH1&2
Secretary not later than 1 year after the date of
the enactment of the No Child Left Behind Act
of 2001; and
‘‘(B) shall not be subject to the Federal Ad-
visory Committee Act but shall otherwise follow
the provisions of the Negotiated Rulemaking Act
of 1990 (5 U.S.C. 561 et seq.).
‘‘(5) EMERGENCY SITUATION.—In an emergency
situation in which regulations to carry out this title
must be issued within a very limited time to assist
State and local educational agencies with the oper-
ation of a program under this title, the Secretary
may issue proposed regulations without following
such process but shall, immediately thereafter and
prior to issuing final regulations, conduct regional
meetings to review such proposed regulations.
‘‘(c) LIMITATION.—Regulations to carry out this part
may not require local programs to follow a particular in-
structional model, such as the provision of services outside
the regular classroom or school program.
‘‘SEC. 1802. AGREEMENTS AND RECORDS.
‘‘(a) AGREEMENTS.—All published proposed regula-
tions shall conform to agreements that result from nego-
tiated rulemaking described in section 1801 unless the Sec-
retary reopens the negotiated rulemaking process or pro-
319
•HR 1 RH1&2
vides a written explanation to the participants involved in
the process explaining why the Secretary decided to depart
from and not adhere to such agreements.
‘‘(b) RECORDS.—The Secretary shall ensure that an
accurate and reliable record of agreements reached during
the negotiations process is maintained.
‘‘SEC. 1803. STATE ADMINISTRATION.
‘‘(a) RULEMAKING.—
‘‘(1) IN
GENERAL.—Each State that receives
funds under this title shall—
‘‘(A) ensure that any State rules, regula-
tions, and policies relating to this title conform
to the purposes of this title and provide any such
proposed rules, regulations, and policies to the
committee of practitioners under subsection (b)
for their review and comment;
‘‘(B) minimize such rules, regulations, and
policies to which their local educational agencies
and schools are subject;
‘‘(C) eliminate or modify State and local
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds
under schoolwide programs; and
‘‘(D) identify any such rule, regulation, or
policy as a State-imposed requirement.
320
•HR 1 RH1&2
‘‘(2) SUPPORT AND FACILITATION.—State rules,
regulations, and policies under this title shall support
and facilitate local educational agency and school-
level systemic reform designed to enable all children
to meet the challenging State student academic
achievement standards.
‘‘(b) COMMITTEE OF PRACTITIONERS.—
‘‘(1) IN
GENERAL.—Each State educational
agency shall create a State committee of practitioners
to advise the State in carrying out its responsibilities
under this title.
‘‘(2) MEMBERSHIP.—Each such committee shall
include—
‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies;
‘‘(B) administrators, including the admin-
istrators of programs described in other parts of
this title;
‘‘(C) teachers, including vocational edu-
cators;
‘‘(D) parents;
‘‘(E) members of local boards of education;
‘‘(F) representatives of private school chil-
dren; and
‘‘(G) pupil services personnel.
321
•HR 1 RH1&2
‘‘(3) DUTIES.—The duties of such committee
shall include a review, prior to publication, of any
proposed or final State rule or regulation pursuant to
this title. In an emergency situation where such rule
or regulation must be issued within a very limited
time to assist local educational agencies with the op-
eration of the program under this title, the State edu-
cational agency may issue a regulation without prior
consultation, but shall immediately thereafter convene
the State committee of practitioners to review the
emergency regulation prior to issuance in final form.
‘‘SEC. 1804. LOCAL ADMINISTRATIVE COST LIMITATION.
‘‘(a) LOCAL ADMINISTRATIVE COST LIMITATION.—
Each local educational agency may use not more than 4
percent of funds received under part A for administrative
expenses.
‘‘(b) REGULATIONS.—The Secretary, after consulting
with State and local officials and other experts in school
finance, shall develop and issue regulations that define the
term administrative cost for purposes of this title. Such def-
inition shall be consistent with generally accepted account-
ing principles. The Secretary shall publish final regulations
on this section not later than 1 year after the date of the
enactment of the No Child Left Behind Act of 2001.
322
•HR 1 RH1&2
‘‘SEC. 1805. APPLICABILITY.
‘‘Nothing in this title shall be construed to affect home
schools nor shall any home schooled student be required to
participate in any assessment referenced in this title.
‘‘SEC. 1806. PRIVATE SCHOOLS.
‘‘Nothing in this title shall be construed to affect any
private school that does not receive funds or services under
this title, nor shall any student who attends a private school
that does not receive funds or services under this title be
required to participate in any assessment referenced in this
title.
‘‘SEC. 1807. PRIVACY OF ASSESSMENT RESULTS.
‘‘Any results from individual assessments referenced in
this title 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.’’.
TITLE 
II—PREPARING, 
TRAIN-
ING, AND RECRUITING QUAL-
ITY TEACHERS
SEC. 201. TEACHER QUALITY TRAINING AND RECRUITING
FUND.
Title II (20 U.S.C. 6601 et seq.) is amended to read
as follows:
323
•HR 1 RH1&2
‘‘TITLE II—PREPARING, TRAIN-
ING, AND RECRUITING QUAL-
ITY TEACHERS
‘‘PART A—TEACHER QUALITY TRAINING AND
RECRUITING FUND
‘‘SEC. 2001. PURPOSE.
‘‘The purpose of this part is to provide grants to States
and local educational agencies in order to assist their efforts
to increase student academic achievement through such
strategies as improving teacher and principal quality and
increasing the number of highly qualified teachers in the
classroom.
‘‘Subpart 1—Grants to States to Prepare, Train, and
Recruit Qualified Teachers
‘‘SEC. 2011. FORMULA GRANTS TO STATES.
‘‘(a) IN GENERAL.—In the case of each State that in
accordance with section 2013 submits to the Secretary an
application for a fiscal year, the Secretary shall make a
grant for the year to the State for the uses specified in sec-
tion 2012. The grant shall consist of the allotment deter-
mined for the State under subsection (b).
‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENTS.—
‘‘(1) 
RESERVATION
OF
FUNDS.—From 
the
amount made available to carry out this subpart for
any fiscal year, the Secretary shall reserve—
324
•HR 1 RH1&2
‘‘(A) 1⁄2 of 1 percent for allotments for the
Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands, to be distributed among these outlying
areas on the basis of their relative need, as deter-
mined by the Secretary in accordance with the
purpose of this part; and
‘‘(B) 1⁄2 of 1 percent for the Secretary of the
Interior for programs under this subpart for pro-
fessional development activities for teachers,
other staff, and administrators in schools oper-
ated or funded by the Bureau of Indian Affairs.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) HOLD HARMLESS.—
‘‘(i) IN GENERAL.—Subject to subpara-
graph (B), from the total amount made
available to carry out this subpart for any
fiscal year and not reserved under para-
graph (1), the Secretary shall allot to each
of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico an
amount equal to the total amount that such
State received for fiscal year 2001 under—
‘‘(I) section 2202(b) of this Act
(as in effect on the day before the date
325
•HR 1 RH1&2
of the enactment of the No Child Left
Behind Act of 2001); and
‘‘(II) section 306 of the Depart-
ment of Education Appropriations Act,
2001 (as enacted into law by section
1(a)(1) of Public Law 106–554).
‘‘(ii) NONPARTICIPATING STATES.—In
the case of a State that did not receive any
funds for fiscal year 2001 under one or both
of the provisions referred to in subclauses
(I) and (II) of clause (i), the amount allot-
ted to the State under such clause shall be
the total amount that the State would have
received for fiscal year 2001 if it had elected
to participate in all of the programs for
which it was eligible under each of the pro-
visions referred to in such subclauses.
‘‘(iii) RATABLE
REDUCTION.—If the
total amount made available to carry out
this subpart for any fiscal year and not re-
served under paragraph (1) is insufficient
to pay the full amounts that all States are
eligible to receive under clause (i) for any
fiscal year, the Secretary shall ratably re-
duce such amounts for such fiscal year.
326
•HR 1 RH1&2
‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii), for any fiscal year for which the total
amount made available to carry out this
subpart and not reserved under paragraph
(1) exceeds the total amount required to
make allotments under subparagraph (A),
the Secretary shall allot such excess amount
among the 50 States, the District of Colum-
bia, and the Commonwealth of Puerto Rico
as follows:
‘‘(I) 50 percent of such excess
amount shall be allotted among such
States on the basis of their relative
populations of individuals aged 5
through 17, as determined by the Sec-
retary on the basis of the most recent
satisfactory data.
‘‘(II) 50 percent of such excess
amount shall be allotted among such
States in proportion to the number of
children, aged 5 to 17, who reside
within the State from families with in-
comes below the poverty line (as de-
fined by the Office of Management and
327
•HR 1 RH1&2
Budget and revised annually in ac-
cordance with section 673(2) of the
Community Services Block Grant Act
(42 U.S.C. 9902(2)) applicable to a
family of the size involved for the most
recent fiscal year for which satisfactory
data are available, compared to the
number of such individuals who reside
in all such States for that fiscal year.
‘‘(ii) EXCEPTION.—No State receiving
an allotment under clause (i) may receive
less than 1⁄2 of 1 percent of the total excess
amount allotted under such clause.
‘‘(3) REALLOTMENT.—If any State does not
apply for an allotment under this subsection for any
fiscal year, the Secretary shall reallot such amount to
the remaining States in accordance with this sub-
section.
‘‘SEC. 2012. WITHIN-STATE ALLOCATIONS.
‘‘(a) USE OF FUNDS.—Each State receiving a grant
under this subpart shall use the funds provided under the
grant in accordance with this section to carry out activities
for the improvement of teaching and learning.
‘‘(b) RESERVATION OF FUNDS.—
328
•HR 1 RH1&2
‘‘(1) IN GENERAL.—A State that receives a grant
under this subpart may reserve not more than 5 per-
cent of the amount of the funds provided under the
grant for—
‘‘(A) one or more of the authorized State ac-
tivities described in subsection (e); and
‘‘(B) planning and administration related
to carrying out such activities and making sub-
grants to local educational agencies under sub-
parts 2 and 3.
‘‘(2) LIMITATION ON ADMINISTRATIVE COSTS.—
The amount reserved by a State under paragraph
(1)(B) may not exceed 1 percent of the amount of the
funds provided under the grant.
‘‘(c) SUBGRANTS
TO LOCAL EDUCATIONAL AGEN-
CIES.—
‘‘(1) IN GENERAL.—The Secretary may make a
grant to a State under this subpart only if the State
agrees to distribute the funds described in this sub-
section as subgrants to local educational agencies
under subpart 3.
‘‘(2) HOLD HARMLESS.—
‘‘(A) IN GENERAL.—From the funds that a
State receives under this subpart for any fiscal
year that are not reserved under subsection (b),
329
•HR 1 RH1&2
the State shall allot to each local educational
agency an amount equal to the total amount that
such agency received for fiscal year 2001
under—
‘‘(i) section 2203(1)(B) of this Act (as
in effect on the day before the date of the en-
actment of the No Child Left Behind Act of
2001); and
‘‘(ii) section 306 of the Department of
Education Appropriations Act, 2001 (as en-
acted into law by section 1(a)(1) of Public
Law 106–554).
‘‘(B) NONPARTICIPATING AGENCIES.—In the
case of a local educational agency that did not
receive any funds for fiscal year 2001 under one
or both of the provisions referred to in clauses (i)
and (ii) of subparagraph (A), the amount allot-
ted to the agency under such subparagraph shall
be the total amount that the agency would have
received for fiscal year 2001 if it had elected to
participate in all of the programs for which it
was eligible under each of the provisions referred
to in such clauses.
‘‘(C) RATABLE
REDUCTION.—If the funds
described in subparagraph (A) are insufficient to
330
•HR 1 RH1&2
pay the full amounts that all local educational
agencies are eligible to receive under such sub-
paragraph for any fiscal year, the State shall
ratably reduce such amounts for such fiscal year.
‘‘(3) ALLOTMENT OF ADDITIONAL FUNDS.—
‘‘(A) IN GENERAL.—For any fiscal year for
which the funds that a State receives under this
subpart that are not reserved under subsection
(b) exceed the total amount required to make al-
lotments under paragraph (2), the State shall
distribute the amount described in subparagraph
(B) through a formula under which—
‘‘(i) 20 percent is allocated to local
educational agencies in accordance with the
relative enrollment in public and private
nonprofit elementary and secondary schools
within the boundaries of such agencies; and
‘‘(ii) 80 percent is allocated to local
educational agencies in proportion to the
number of children, aged 5 to 17, who reside
within the geographic area served by such
agency from families with incomes below
the poverty line (as defined by the Office of
Management and Budget and revised annu-
ally in accordance with section 673(2) of
331
•HR 1 RH1&2
the Community Services Block Grant Act
(42 U.S.C. 9902(2))) applicable to a family
of the size involved for the most recent fiscal
year for which satisfactory data are avail-
able, compared to the number of such indi-
viduals who reside in the geographic areas
served by all the local educational agencies
in the State for that fiscal year.
‘‘(B) CALCULATION OF AMOUNT.—
‘‘(i) IN
GENERAL.—The amount de-
scribed in this subparagraph for a State for
any fiscal year is the base amount for such
State and year, plus any additional
amount for such State and year.
‘‘(ii) BASE AMOUNT.—For purposes of
this subparagraph, the term ‘base amount’
means 50 percent of the funds that remain
to a State after a State makes the reserva-
tions described in subsection (b) and the al-
lotments described in paragraph (2).
‘‘(iii) ADDITIONAL AMOUNT.—For pur-
poses of this subparagraph, the term ‘addi-
tional amount’ means the amount (if any)
by which the base amount for a State ex-
332
•HR 1 RH1&2
ceeds the maximum amount described in
subsection (d)(2)(B).
‘‘(d) MATH AND SCIENCE PARTNERSHIPS.—
‘‘(1) IN GENERAL.—The Secretary may make a
grant to a State under this subpart only if the State
agrees to distribute the amount described in para-
graph (2) through a competitive subgrant process in
accordance with subpart 2.
‘‘(2) AMOUNT DESCRIBED.—
‘‘(A) IN GENERAL.—The amount described
in this paragraph for a State for any fiscal year
is 50 percent of the funds that the State receives
under this subpart for the year that remain after
the State makes the reservations described in
subsection (b) and the allotments described in
subsection (c)(2).
‘‘(B) LIMITATION.—In no case may the
amount described in this paragraph exceed a
maximum amount calculated by multiplying the
total amount of the funds that a State receives
under this subpart for a fiscal year that the
State does not reserve under subsection (b) by a
percentage, selected by the State, that shall be
not less than 15 nor more than 20 percent.
333
•HR 1 RH1&2
‘‘(e) AUTHORIZED STATE ACTIVITIES.—The author-
ized State activities referred to in subsection (b)(1)(A) are
the following:
‘‘(1) Reforming teacher certification, recertifi-
cation, or licensure requirements to ensure that—
‘‘(A) teachers have the necessary teaching
skills and academic content knowledge in the
subject areas in which they are assigned to teach;
‘‘(B) teacher certification, recertification, or
licensure requirements are aligned with the
State’s challenging State academic content
standards; and
‘‘(C) teachers have the knowledge and skills
necessary to help students meet challenging State
student achievement standards.
‘‘(2) Carrying out programs that—
‘‘(A) include support during the initial
teaching or leadership experience, such as men-
toring programs that—
‘‘(i) provide—
‘‘(I) 
mentoring 
to 
beginning
teachers from veteran teachers with ex-
pertise in the same subject matter that
the beginning teachers will be teaching;
or
334
•HR 1 RH1&2
‘‘(II) similar mentoring to prin-
cipals or superintendents;
‘‘(ii) provide mentors time for activi-
ties such as coaching, observing, and assist-
ing the teachers or school leaders who are
mentored; and
‘‘(iii) use standards or assessments for
guiding beginning teachers that are con-
sistent with the State’s student achievement
standards and with the requirements for
professional development activities under
section 2033; and
‘‘(B) establish, expand, or improve alter-
native routes to State certification of teachers,
especially in the areas of mathematics and
science, for highly qualified individuals with a
baccalaureate degree, including mid-career pro-
fessionals from other occupations, paraprofes-
sionals, former military personnel, and recent
college or university graduates with records of
academic distinction who demonstrate the poten-
tial to become highly effective teachers.
‘‘(3) Developing and implementing effective
mechanisms to assist local educational agencies and
335
•HR 1 RH1&2
schools in effectively recruiting and retaining highly
qualified and effective teachers and principals.
‘‘(4) Reforming tenure systems and imple-
menting teacher testing and other procedures to expe-
ditiously remove ineffective teachers from the class-
room.
‘‘(5) Developing enhanced performance systems
to measure the effectiveness of specific professional de-
velopment programs and strategies.
‘‘(6) Providing technical assistance to local edu-
cational agencies consistent with this part.
‘‘(7) Funding projects to promote reciprocity of
teacher certification or licensure between or among
States, except that no reciprocity agreement developed
under this paragraph or developed using funds pro-
vided under this part may lead to the weakening of
any State teaching certification or licensing require-
ment.
‘‘(8) Developing or assisting local educational
agencies in the development and utilization of proven,
innovative strategies to deliver intensive professional
development programs that are both cost-effective and
easily accessible, such as through the use of technology
and distance learning.
336
•HR 1 RH1&2
‘‘(9) Providing assistance to local educational
agencies for the development and implementation of
innovative professional development programs that
train teachers to use technology to improve teaching
and learning and are consistent with the require-
ments of section 2033.
‘‘(10) Developing or assisting local educational
agencies in developing merit-based performance sys-
tems, rigorous assessments for teachers, and strategies
which provide differential and bonus pay for teachers
in high-need subject areas such as reading, math, and
science and in high-poverty schools and districts.
‘‘(11) Providing assistance to local educational
agencies for the development and implementation of
professional development programs for principals that
enable them to be effective school leaders and prepare
all students to achieve challenging State content and
student achievement standards, including the develop-
ment and support of school leadership academies to
help exceptionally talented aspiring or current prin-
cipals and superintendents become outstanding man-
agers and educational leaders.
‘‘(12) Developing, or assisting local educational
agencies in developing, teacher advancement initia-
tives that promote professional growth and emphasize
337
•HR 1 RH1&2
multiple career paths, such as career teacher, mentor
teacher, and master teacher career paths, with pay
differentiation.
‘‘(f) COORDINATION.—States receiving grants under
section 202 of the Higher Education Act of 1965 shall co-
ordinate the use of such funds with activities carried out
under this section.
‘‘SEC. 2013. APPLICATIONS BY STATES.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
‘‘(b) CONTENTS.—Each application under this section
shall include the following:
‘‘(1) A description of how the State will ensure
that a local educational agency receiving a subgrant
under subpart 3 will comply with the requirements of
such subpart.
‘‘(2) A description of how the State will use
funds under this part to meet the requirements of sec-
tion 1119(a)(2).
‘‘(3) A description of how the State will coordi-
nate professional development activities authorized
under this part with professional development activi-
ties provided under other Federal, State, and local
338
•HR 1 RH1&2
programs, including those authorized under title I,
part A of title III, parts A and B of title V, and
(where applicable) the Individuals with Disabilities
Education Act and the Carl D. Perkins Vocational
and Technical Education Act. The application shall
also describe the comprehensive strategy that the State
will take as part of such coordination effort, to ensure
that teachers are trained in the utilization of tech-
nology so that technology and its applications are ef-
fectively used in the classroom to improve teaching
and learning in all curriculum and content areas, as
appropriate.
‘‘(4) A description of how the State will encour-
age the development of proven, innovative strategies to
deliver intensive professional development programs
that are both cost-effective and easily accessible, such
as through the use of technology and distance learn-
ing.
‘‘(5) A description of how the State will ensure
that local educational agencies will comply with the
requirements under section 2033, especially with re-
spect to ensuring the participation of teachers, prin-
cipals, and parents.
‘‘(c) APPLICATION APPROVAL.—A State application
submitted to the Secretary under this section shall be
339
•HR 1 RH1&2
deemed approved by the Secretary unless the Secretary
makes a written determination, within 90 days after receiv-
ing the application, that the application is in violation of
the provisions of this subpart. The Secretary shall not fi-
nally disapprove a State application except after giving the
State notice and opportunity for a hearing.
‘‘Subpart 2—Math and Science Partnerships
‘‘SEC. 2021. PURPOSE.
‘‘The purpose of this subpart is to improve the achieve-
ment of students in the areas of mathematics and science
by encouraging States, institutions of higher education, and
local educational agencies to participate in programs
that—
‘‘(1) focus on education and training of mathe-
matics and science teachers that improves teachers’
knowledge and skills and encourages intellectual
growth;
‘‘(2) improve mathematics and science teaching
by encouraging institutions of higher education to as-
sume greater responsibility for improving mathe-
matics and science teacher education through the es-
tablishment of a comprehensive, integrated system of
recruiting, training, and advising such teachers; and
‘‘(3) bring mathematics and science teachers in
elementary and secondary schools together with sci-
340
•HR 1 RH1&2
entists, mathematicians, and engineers to increase the
subject matter knowledge of teachers and improve
their teaching skills through the use of sophisticated
laboratory equipment and work space, computing fa-
cilities, libraries, and other resources that institutions
of higher education are better able to provide than the
schools.
‘‘SEC. 2022. APPLICATION REQUIREMENTS.
‘‘(a) IN GENERAL.—An eligible partnership seeking to
receive a subgrant from a State under this subpart shall
submit an application to the State at such time, in such
manner, and accompanied by such information as the State
may require.
‘‘(b) PARTNERSHIP APPLICATION CONTENTS.—Each
such application shall include—
‘‘(1) an assessment of the teacher quality and
professional development of all the schools and agen-
cies participating in the eligible partnership with re-
spect to the teaching and learning of mathematics
and science;
‘‘(2) a description of how the activities to be car-
ried out by the eligible partnership will be aligned
with State academic content standards in mathe-
matics and science and with other educational reform
341
•HR 1 RH1&2
activities that promote student achievement in mathe-
matics and science;
‘‘(3) a description of how the activities to be car-
ried out by the eligible partnership will be based on
a review of relevant research, and an explanation of
why the activities are expected to improve student
achievement and to strengthen the quality of mathe-
matics and science instructions; and
‘‘(4) a description of—
‘‘(A) how the eligible partnership will carry
out the activities described in section 2023(c);
and
‘‘(B) the eligible partnership’s evaluation
and accountability plan described in section
2024.
‘‘SEC. 2023. MATH AND SCIENCE PARTNERSHIP SUBGRANTS.
‘‘(a) IN GENERAL.—From the amount described in sec-
tion 2012(d), the State educational agency, working in con-
junction with the State agency for higher education (if such
agencies are separate), shall award subgrants on a competi-
tive basis to eligible partnerships to enable such partner-
ships to carry out activities described in subsection (c).
‘‘(b) DURATION.—The State shall award subgrants
under this subpart for a period of not less than 2 and not
more than 5 years.
342
•HR 1 RH1&2
‘‘(c) AUTHORIZED ACTIVITIES.—A recipient of funds
provided under this subpart may use the funds for the fol-
lowing activities related to elementary or secondary schools:
‘‘(1) Establishing and operating mathematics
and science summer professional development work-
shops or institutes for elementary and secondary
school teachers that—
‘‘(A) shall—
‘‘(i) directly relate to the curriculum
and content areas in which the teacher pro-
vides instruction, and focus only second-
arily on pedagogy;
‘‘(ii) enhance the ability of a teacher to
understand and use the State’s academic
content standards for mathematics and
science and to select appropriate curricula;
‘‘(iii) train teachers to use curricula
that are—
‘‘(I) based on scientific research;
‘‘(II) aligned with State academic
content standards; and
‘‘(III) object-centered, experiment-
oriented, and concept- and content-
based; and
343
•HR 1 RH1&2
‘‘(iv) provide supplemental assistance
and follow-up training during the school
year for summer institute graduates; and
‘‘(B) may include—
‘‘(i) programs that provide prospective
teachers and novice teachers opportunities
to work under the guidance of experienced
teachers and college faculty;
‘‘(ii) instruction in the use of data and
assessments to inform and instruct class-
room practice; and
‘‘(iii) professional development activi-
ties, including supplemental and follow-up
activities, such as curriculum alignment,
distance learning, and activities that train
teachers to utilize technology in the class-
room.
‘‘(2) Recruiting to the teaching profession—
‘‘(A) students studying mathematics, engi-
neering, and science; or
‘‘(B) mathematicians, engineers, and sci-
entists currently working in the field.
‘‘(3) Establishing and operating programs to
bring teachers into contact with working scientists,
mathematicians, and engineers, to expand teacher
344
•HR 1 RH1&2
content knowledge of and research in science and
mathematics.
‘‘(d) PRIORITY.—In awarding subgrants under this
subpart, States shall give priority to applications seeking
funding for the activity described in subsection (c)(1).
‘‘(e) COORDINATION.—Partnerships receiving grants
under section 203 of the Higher Education Act of 1965 (20
U.S.C. 1023) shall coordinate the use of such funds with
any related activities carried out by such partnership with
funds made available under this subpart.
‘‘SEC. 2024. EVALUATION AND ACCOUNTABILITY PLAN.
‘‘(a) IN GENERAL.—Each eligible partnership receiv-
ing a subgrant under this subpart shall develop an evalua-
tion and accountability plan for activities assisted under
this subpart that includes rigorous performance objectives
that measure the impact of activities funded under this sub-
part.
‘‘(b) CONTENTS.—The plan—
‘‘(1) shall include measurable goals to increase
the number of mathematics and science teachers who
participate in content-based professional development
activities; and
‘‘(2) may include objectives and measures for—
‘‘(A) improved student achievement on
State mathematics and science assessments;
345
•HR 1 RH1&2
‘‘(B) increased participation by students in
advanced courses in mathematics and science;
‘‘(C) increased percentages of elementary
school teachers with academic majors or minors,
or group majors or minors, in mathematics, en-
gineering, or the sciences; and
‘‘(D) increased percentages of secondary
school classes in mathematics and science taught
by teachers with academic majors in mathe-
matics and science, respectively.
‘‘SEC. 2025. REPORTS; REVOCATION OF SUBGRANTS.
‘‘(a) REPORTS.—Each eligible partnership receiving a
subgrant under this subpart annually shall report to the
State regarding the eligible partnership’s progress in meet-
ing the performance objectives described in section 2024.
‘‘(b) REVOCATION.—If the State determines that an el-
igible partnership that receives a subgrant under this sub-
part for 5 years is not making substantial progress in meet-
ing the performance objectives described in section 2024 by
the end of the third year of the subgrant, the subgrant pay-
ments shall not be made for the fourth and fifth years.
‘‘SEC. 2026. DEFINITIONS.
‘‘In this subpart:
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means a partnership that—
346
•HR 1 RH1&2
‘‘(A) shall include—
‘‘(i) a State educational agency;
‘‘(ii) a mathematics or science depart-
ment of a private independent institution of
higher education or a State-supported pub-
lic institution of higher education; and
‘‘(iii) a high need local educational
agency; and
‘‘(B) may include—
‘‘(i) another institution of higher edu-
cation or the teacher training department of
such an institution;
‘‘(ii) additional local educational agen-
cies, public charter schools, public or pri-
vate elementary or secondary schools, or a
consortium of such schools;
‘‘(iii) a business; or
‘‘(iv) a nonprofit organization of dem-
onstrated effectiveness, including a museum
or research institution.
‘‘(2) SUMMER
PROFESSIONAL
DEVELOPMENT
WORKSHOP OR INSTITUTE.—The term ‘summer pro-
fessional development workshop or institute’ means a
workshop or institute that—
347
•HR 1 RH1&2
‘‘(A) is conducted during a period of not
less than 2 weeks;
‘‘(B) includes as a component a program
that provides direct interaction between students
and faculty; and
‘‘(C) provides for follow-up training during
the academic year that is conducted in the class-
room for a period of not less than 3 consecutive
or nonconsecutive days, except that—
‘‘(i) if the workshop or institute is con-
ducted during a two-week period, the follow-
up training shall be conducted for a period
of at least 4 days; and
‘‘(ii) if the follow-up training is for
teachers in rural school districts, it may be
conducted through distance learning.
‘‘Subpart 3—Subgrants to Local Educational
Agencies
‘‘SEC. 2031. LOCAL USE OF FUNDS.
‘‘(a) IN GENERAL.—Subject to subsection (b), each
local educational agency that receives a subgrant under this
subpart may use the subgrant to carry out the following
activities:
348
•HR 1 RH1&2
‘‘(1) Initiatives to assist in recruiting and hiring
fully qualified teachers who will be assigned teaching
positions within their field, including—
‘‘(A) providing signing bonuses or other fi-
nancial incentives, such as differential pay, for
teachers to teach in academic subject areas in
which there exists a shortage of such fully quali-
fied teachers within a school or the local edu-
cational agency;
‘‘(B) establishing programs that—
‘‘(i) recruit professionals from other
fields and provide such professionals with
alternative routes to teacher certification;
and
‘‘(ii) provide increased opportunities
for minorities, individuals with disabilities,
and other individuals underrepresented in
the teaching profession; and
‘‘(C) implementing hiring policies that en-
sure comprehensive recruitment efforts as a way
to expand the applicant pool, such as through
identifying teachers certified through alternative
routes, coupled with a system of intensive screen-
ing designed to hire the most qualified applicant.
349
•HR 1 RH1&2
‘‘(2) Initiatives to promote retention of highly
qualified teachers and principals, particularly within
elementary and secondary schools with a high per-
centage of low-achieving students, including programs
that provide—
‘‘(A) mentoring to newly hired teachers,
such as from master teachers, or principals or
superintendents;
‘‘(B) incentives, including financial incen-
tives, to retain teachers who have a record of suc-
cess in helping low-achieving students improve
their academic success; or
‘‘(C) incentives, including financial incen-
tives, to principals who have a record of improv-
ing the performance of all students, but particu-
larly students from economically disadvantaged
families and students from racial and ethnic mi-
nority groups.
‘‘(3) Programs and activities that are designed
to improve the quality of the teacher force, such as—
‘‘(A) innovative professional development
programs (which may be through partnerships
including institutions of higher education), in-
cluding programs that train teachers and prin-
cipals to utilize technology to improve teaching
350
•HR 1 RH1&2
and learning, are consistent with the require-
ments of section 2033, and are coordinated with
part B of title V;
‘‘(B) development and utilization of proven,
cost-effective strategies for the implementation of
professional development activities, such as
through the utilization of technology and dis-
tance learning;
‘‘(C) tenure reform;
‘‘(D) merit pay;
‘‘(E) testing of elementary and secondary
school teachers in the subject areas taught by
such teachers;
‘‘(F) professional development programs
that provide instruction in how to teach children
with different learning styles, particularly chil-
dren with disabilities and children with special
learning needs (including those who are gifted
and talented); and
‘‘(G) professional development programs
that provide instruction in methods of improving
student behavior in the classroom and how to
identify early and appropriate interventions to
help children described in subparagraph (F)
learn.
351
•HR 1 RH1&2
‘‘(4) Teacher opportunity payments, consistent
with section 2034.
‘‘(5) Professional activities designed to improve
the quality of principals and superintendents, includ-
ing the development and support of academies to help
exceptionally talented aspiring or current principals
and superintendents become outstanding managers
and educational leaders.
‘‘(6) Hiring fully qualified teachers, including
teachers who become fully qualified through State and
local alternative routes, and special education teach-
ers, in order to reduce class size, particularly in the
early grades.
‘‘(7) Teacher advancement initiatives that pro-
mote professional growth and emphasize multiple ca-
reer paths, such as career teacher, mentor teacher,
and master teacher career paths, with pay differentia-
tion.
‘‘(b) SPECIAL RULE.—
‘‘(1) IN
GENERAL.—For any fiscal year for
which the amount described in section 2012(d)(2)(A)
for a State is less than 15 percent of the total amount
of the funds that the State receives under this subpart
for the year that the State does not reserve under sec-
tion 2012(b), each local educational agency that re-
352
•HR 1 RH1&2
ceives a subgrant under this subpart from the State
shall use the funds to comply with paragraph (2).
‘‘(2) REQUIREMENT.—A local educational agency
required to comply with this paragraph shall use not
less than the amount expended by the agency under
section 2206(b) of this Act (as in effect on the day be-
fore the date of the enactment of the No Child Left Be-
hind Act of 2001), for the fiscal year preceding the
year in which such enactment occurs, to carry out
professional development activities in mathematics
and science.
‘‘SEC. 2032. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—A local educational agency seeking
to receive a subgrant from a State under this subpart shall
submit an application to the State—
‘‘(1) at such time as the State shall require; and
‘‘(2) which is coordinated with other programs
under this Act, or other Acts, as appropriate.
‘‘(b) LOCAL APPLICATION CONTENTS.—The local ap-
plication described in subsection (a), shall include, at a
minimum, the following:
‘‘(1) An assurance that the local educational
agency will target funds to schools within the juris-
diction of the local educational agency that—
353
•HR 1 RH1&2
‘‘(A) have the lowest proportion of fully
qualified teachers;
‘‘(B) have the largest average class size; or
‘‘(C) are identified for school improvement
under section 1116(b).
‘‘(2) A description of how the local educational
agency will coordinate professional development ac-
tivities authorized under this subpart with profes-
sional development activities provided through other
Federal, State, and local programs, including those
authorized under title I, part A of title III, parts A
and B of title V, and (where applicable) the Individ-
uals with Disabilities Education Act and the Carl D.
Perkins Vocational and Technical Education Act.
‘‘(3) A description of how the local educational
agency will integrate funds under this subpart with
funds received under part B of title V that are used
for professional development to train teachers to uti-
lize technology to improve teaching and learning.
‘‘(4) A description of how the local educational
agency has collaborated with teachers, principals,
parents, and administrators in the preparation of the
application.
354
•HR 1 RH1&2
‘‘SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
‘‘(a) REQUIREMENTS FOR PROFESSIONAL DEVELOP-
MENT
ACTIVITIES.—Professional development activities
under this subpart shall—
‘‘(1) meet the requirements of section 1119(a)(2);
‘‘(2) support professional development activities
that give teachers, principals, and administrators the
knowledge and skills to provide students with the op-
portunity to meet challenging State academic content
standards and student achievement standards;
‘‘(3) support the recruiting, hiring, and training
of fully qualified teachers, including teachers fully
qualified through State and local alternative routes;
‘‘(4) advance teacher understanding of effective
instructional strategies based on scientifically based
research for improving student achievement, at a
minimum, in reading or language arts and mathe-
matics;
‘‘(5) be directly related to the curriculum and
content areas in which the teacher provides instruc-
tion, except that this paragraph shall not apply to
subparagraphs (F) and (G) of section 2031(3);
‘‘(6) be designed to enhance the ability of a
teacher to understand and use the State’s standards
for the subject area in which the teacher provides in-
struction;
355
•HR 1 RH1&2
‘‘(7) be tied to scientifically based research dem-
onstrating the effectiveness of such professional devel-
opment activities or programs in increasing student
achievement or substantially increasing the knowledge
and teaching skills of teachers;
‘‘(8) be of sufficient intensity and duration (not
to include 1-day or short-term workshops and con-
ferences) to have a positive and lasting impact on the
teacher’s performance in the classroom;
‘‘(9) be developed with extensive participation of
teachers, principals, parents, and administrators of
schools to be served under this subpart;
‘‘(10) be designed to give teachers of limited
English proficient children, and other teachers and
instructional staff, the knowledge and skills to provide
instruction and appropriate language and academic
support services to such children, including the ap-
propriate use of curriculum and assessments;
‘‘(11) to the extent appropriate, provide training
for teachers and principals in the use of technology so
that technology and its applications are effectively
used in the classroom to improve teaching and learn-
ing in the curriculum and academic content areas in
which the teachers provide instruction;
356
•HR 1 RH1&2
‘‘(12) as a whole, be regularly evaluated for their
impact on increased teacher effectiveness and im-
proved student achievement, with the findings of such
evaluations used to improve the quality of profes-
sional development; and
‘‘(13) provide instruction in methods of teaching
children with special needs.
‘‘(b) PROFESSIONAL
DEVELOPMENT
ACTIVITIES.—
Professional development activities under this subpart may
include—
‘‘(1) instruction in the use of data and assess-
ments to inform and instruct classroom practice;
‘‘(2) instruction in ways that teachers, prin-
cipals, pupil services personnel, and school adminis-
trators may work more effectively with parents;
‘‘(3) the forming of partnerships with institu-
tions of higher education to establish school-based
teacher training programs that provide prospective
teachers and novice teachers with an opportunity to
work under the guidance of experienced teachers and
college faculty;
‘‘(4) the creation of programs for paraprofes-
sionals (assisting teachers employed by a local edu-
cational agency receiving assistance under this part)
357
•HR 1 RH1&2
to obtain the education necessary for such paraprofes-
sionals to become licensed and certified teachers; and
‘‘(5) activities that provide follow-up training to
teachers who have participated in professional devel-
opment activities which are designed to ensure that
the knowledge and skills learned by the teacher are
implemented in the classroom.
‘‘(c) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—If, after any fiscal year, a
State determines that the programs or activities fund-
ed by a local educational agency fail to meet the re-
quirements of subsection (a), the State shall notify the
agency that—
‘‘(A) it may be subject to paragraph (2);
and
‘‘(B) technical assistance is available from
the State to help the agency meet those require-
ments.
‘‘(2) REQUIREMENT TO PROVIDE TEACHER OP-
PORTUNITY PAYMENTS.—A local educational agency
that has been notified by a State for 2 consecutive
years under paragraph (1) shall expend under section
2034 for the succeeding fiscal year a proportion of the
amount the agency receives under this subpart that is
equal to the proportion of the amount the agency re-
358
•HR 1 RH1&2
ceived under this part for the preceding fiscal year
that the agency used for professional development.
‘‘SEC. 2034. TEACHER OPPORTUNITY PAYMENTS.
‘‘(a) IN GENERAL.—A local educational agency receiv-
ing funds under this subpart may (or, in the case of a local
educational agency described in section 2033(c)(2), shall)
provide funds directly to a teacher or a group of teachers
seeking opportunities to participate in a professional devel-
opment activity of their choice that meets the requirements
of section 2033(a) and is selected in consultation with the
principal in order to coordinate such professional develop-
ment with other reform efforts at the school.
‘‘(b) NOTICE TO TEACHERS.—Local educational agen-
cies distributing funds under this section shall establish and
implement a timely process through which proper notice of
availability of funds will be given to all teachers within
schools identified by the agency and shall develop a process
whereby teachers will have regular consultation with and
be specifically recommended by principals to participate in
such program by virtue of—
‘‘(1) a teacher not being fully qualified to teach
in the subject or subjects in which they teach; or
‘‘(2) a teacher’s need for additional assistance to
ensure that the teacher’s students make progress to-
359
•HR 1 RH1&2
ward meeting challenging State academic content
standards and student achievement standards.
‘‘(c) SELECTION OF TEACHERS.—If adequate funding
is not available to provide payments under this section to
all teachers seeking such assistance or identified as needing
such assistance pursuant to subsection (b), a local edu-
cational agency shall establish procedures for selecting
teachers that give priority to teachers described in para-
graph (1) or (2) of subsection (b).
‘‘Subpart 4—Mid-Career Transitions to Teaching
‘‘CHAPTER 1—TROOPS-TO-TEACHERS
PROGRAM
‘‘SEC. 2041. AUTHORIZATION OF TROOPS-TO-TEACHERS
PROGRAM.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
carry out a program (to be known as the ‘Troops-to-Teach-
ers Program’)—
‘‘(1) to assist eligible members and former mem-
bers of the Armed Forces described in section 2042 to
obtain certification or licensure as fully qualified ele-
mentary school teachers, secondary school teachers, or
vocational or technical teachers; and
‘‘(2) to facilitate the employment of such mem-
bers in elementary schools or secondary schools or as
vocational or technical teachers.
360
•HR 1 RH1&2
‘‘(b) ADMINISTRATION OF PROGRAM.—The Secretary
shall enter into a memorandum of agreement with the Sec-
retary of Defense under which the Secretary of Defense, act-
ing through the Defense Activity for Non-Traditional Edu-
cation Support of the Department of Defense, will perform
the actual administration of the Program, other than sec-
tion 2045. Using funds appropriated to the Secretary to
carry out this chapter, the Secretary shall transfer to the
Secretary of Defense such amounts as may be necessary to
administer the Program pursuant to the memorandum of
agreement.
‘‘(c) INFORMATION REGARDING PROGRAM.—The Sec-
retary shall provide to the Secretary of Defense, for dis-
tribution as part of preseparation counseling provided
under section 1142 of title 10, United States Code, to mem-
bers of the Armed Forces described in section 2042, informa-
tion regarding the Troops-to-Teachers Program and appli-
cations to participate in the program.
‘‘(d) PLACEMENT ASSISTANCE AND REFERRAL SERV-
ICES.—As part of the Troops-to-Teachers Program, the Sec-
retary may, with the agreement of the Secretary of Defense,
provide placement assistance and referral services regarding
employment opportunities with local educational agencies
to members of the Armed Forces who are discharged or re-
leased from active duty under other than adverse conditions.
362
•HR 1 RH1&2
duty immediately before the separation or re-
lease; and
‘‘(B) executes a reserve commitment agree-
ment for a period of three years under subsection
(e)(2).
‘‘(3) Any member who, on or after the date of the
enactment of the No Child Left Behind Act of 2001,
is retired or separated for physical disability under
chapter 61 of title 10, United States Code.
‘‘(4) Any member who—
‘‘(A) during the period beginning on Octo-
ber 1, 1990, and ending on September 30, 1999,
was involuntarily discharged or released from
active duty for purposes of a reduction of force
after six or more years of continuous active duty
immediately before the discharge or release; or
‘‘(B) applied for the teacher placement pro-
gram administered under section 1151 of title
10, United States Code, before its repeal, and
who satisfied the eligibility criteria specified in
subsection (c) of such section 1151.
‘‘(b) SUBMISSION OF APPLICATIONS.—
‘‘(1) FORM AND SUBMISSION.—Selection of eligi-
ble members and former members of the Armed Forces
to participate in the Troops-to-Teachers Program
363
•HR 1 RH1&2
shall be made on the basis of applications submitted
to the Secretary within the time periods specified in
paragraph (2). An application shall be in such form
and contain such information as the Secretary may
require.
‘‘(2) TIME
FOR
SUBMISSION.—An application
shall be considered to be submitted on a timely basis
under paragraph (1) if—
‘‘(A) in the case of a member or former
member of the Armed Forces described in para-
graph (1), (2), or (3) of subsection (a), the appli-
cation is submitted not later than four years
after the date on which the member is retired or
separated or released from active duty, whichever
applies to the member; or
‘‘(B) in the case of a member or former
member described in subsection (a)(4), the appli-
cation is submitted not later than September 30,
2003.
‘‘(c) SELECTION CRITERIA.—
‘‘(1) ESTABLISHMENT.—Subject to paragraphs
(2) and (3), the Secretary shall prescribe the criteria
to be used to select eligible members and former mem-
bers of the Armed Forces to participate in the Troops-
to-Teachers Program.
364
•HR 1 RH1&2
‘‘(2) EDUCATIONAL BACKGROUND.—If a member
or former member of the Armed Forces described in
paragraph (1), (2), or (3) of subsection (a) is apply-
ing for assistance for placement as an elementary or
secondary school teacher, the Secretary shall require
the member to have received a baccalaureate or ad-
vanced degree from an accredited institution of higher
education. If such a member is applying for assist-
ance for placement as a vocational or technical teach-
er, the Secretary shall require the member—
‘‘(A) to have received the equivalent of one
year of college from an accredited institution of
higher education and have six or more years of
military experience in a vocational or technical
field; or
‘‘(B) to otherwise meet the certification or
licensure requirements for a vocational or tech-
nical teacher in the State in which the member
seeks assistance for placement under the Pro-
gram.
‘‘(3) HONORABLE
SERVICE.—A member or
former member of the Armed Forces is eligible to par-
ticipate in the Troops-to-Teachers Program only if the
member’s last period of service in the Armed Forces
was characterized as honorable. If the member is se-
365
•HR 1 RH1&2
lected to participate in the Program before the retire-
ment of the member or the separation or release of the
member from active duty, the member may continue
to participate in the Program only if, upon the retire-
ment or separation or release from active duty, the
member’s last period of service is characterized as
honorable.
‘‘(d) SELECTION PRIORITIES.—In selecting eligible
members and former members of the Armed Forces to re-
ceive assistance for placement as elementary or secondary
school teachers or vocational or technical teachers, the Sec-
retary shall give priority to members who have educational
or military experience in science, mathematics, special edu-
cation, or vocational or technical subjects and agree to seek
employment as science, mathematics, or special education
teachers in elementary or secondary schools or in other
schools under the jurisdiction of a local educational agency.
‘‘(e) OTHER CONDITIONS ON SELECTION.—
‘‘(1) SELECTION
SUBJECT
TO
FUNDING.—The
Secretary may not select an eligible member or former
member of the Armed Forces to participate in the
Troops-to-Teachers Program under this section and
receive financial assistance under section 2043 unless
the Secretary has sufficient appropriations for the
Program available at the time of the selection to sat-
366
•HR 1 RH1&2
isfy the obligations to be incurred by the United
States under section 2043 with respect to the member.
‘‘(2) RESERVE COMMITMENT AGREEMENT.—The
Secretary may not select an eligible member or former
member of the Armed Forces described in subsection
(a)(2)(A) to participate in the Troops-to-Teachers
Program under this section and receive financial as-
sistance under section 2043 unless—
‘‘(A) the Secretary notifies the Secretary
concerned and the member that the Secretary has
reserved a full stipend or bonus under section
2043 for the member; and
‘‘(B) the member executes a written agree-
ment with the Secretary concerned to serve as a
member of the Selected Reserve of a reserve com-
ponent of the Armed Forces for a period of three
years (in addition to any other reserve commit-
ment the member may have).
‘‘SEC. 2043. PARTICIPATION AGREEMENT AND FINANCIAL
ASSISTANCE.
‘‘(a) PARTICIPATION AGREEMENT.—An eligible mem-
ber or former member of the Armed Forces selected to par-
ticipate in the Troops-to-Teachers Program under section
2042 and receive financial assistance under this section
367
•HR 1 RH1&2
shall be required to enter into an agreement with the Sec-
retary in which the member agrees—
‘‘(1) to obtain, within such time as the Secretary
may require, certification or licensure as a fully
qualified elementary school teacher, secondary school
teacher, or vocational or technical teacher; and
‘‘(2) to accept an offer of full-time employment
as a fully qualified elementary school teacher, sec-
ondary school teacher, or vocational or technical
teacher for not less than three school years with a
local educational agency or public charter school, to
begin the school year after obtaining that certification
or licensure.
‘‘(b) VIOLATION OF PARTICIPATION AGREEMENT; EX-
CEPTIONS.—A participant in the Troops-to-Teachers Pro-
gram shall not be considered to be in violation of the par-
ticipation agreement entered into under subsection (a) dur-
ing any period in which the participant—
‘‘(1) is pursuing a full-time course of study re-
lated to the field of teaching at an institution of high-
er education;
‘‘(2) is serving on active duty as a member of the
Armed Forces;
368
•HR 1 RH1&2
‘‘(3) is temporarily totally disabled for a period
of time not to exceed three years as established by
sworn affidavit of a qualified physician;
‘‘(4) is unable to secure employment for a period
not to exceed 12 months by reason of the care required
by a spouse who is disabled;
‘‘(5) is seeking and unable to find full-time em-
ployment as a fully qualified teacher in an elemen-
tary or secondary school or as a vocational or tech-
nical teacher for a single period not to exceed 27
months; or
‘‘(6) satisfies the provisions of additional reim-
bursement exceptions that may be prescribed by the
Secretary.
‘‘(c) STIPEND FOR PARTICIPANTS.—
‘‘(1) STIPEND AUTHORIZED.—Subject to para-
graph (2), the Secretary may pay to a participant in
the Troops-to-Teachers Program selected under section
2042 a stipend in an amount up to $5,000.
‘‘(2) LIMITATION.—The total number of stipends
that may be paid under paragraph (1) in any fiscal
year may not exceed 3,000.
‘‘(d) BONUS FOR PARTICIPANTS.—
‘‘(1) BONUS
AUTHORIZED.—Subject to para-
graph (2), the Secretary may, in lieu of paying a sti-
369
•HR 1 RH1&2
pend under subsection (c), pay a bonus of $10,000 to
a participant in the Troops-to-Teachers Program se-
lected under section 2042 who agrees in the participa-
tion agreement under subsection (a) to accept full-
time employment as a fully qualified elementary
school teacher, secondary school teacher, or vocational
or technical teacher for not less than three years in
a high need school.
‘‘(2) LIMITATION.—The total number of bonuses
that may be paid under paragraph (1) in any fiscal
year may not exceed 1,000.
‘‘(3) HIGH NEED SCHOOL DEFINED.—For pur-
poses of this subsection, the term ‘high need school’
means a public elementary school, public secondary
school, or public charter school that meets one or more
of the following criteria:
‘‘(A) At least 50 percent of the students en-
rolled in the school were children counted under
subsection (c) of section 1124 for purposes of
making grants under such section to local edu-
cational agencies, when such counting was most
recently performed.
‘‘(B) The school has a large percentage of
students who qualify for assistance under part B
370
•HR 1 RH1&2
of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.).
‘‘(C) The school meets any other criteria es-
tablished by the Secretary in consultation with
the National Assessment Governing Board.
‘‘(e) TREATMENT OF STIPEND AND BONUS.—A stipend
or bonus paid under this section to a participant in the
Troops-to-Teachers Program shall be taken into account in
determining the eligibility of the participant for Federal
student financial assistance provided under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
‘‘(f) 
REIMBURSEMENT
UNDER
CERTAIN
CIR-
CUMSTANCES.—
‘‘(1) REIMBURSEMENT
REQUIRED.—A partici-
pant in the Troops-to-Teachers Program who is paid
a stipend or bonus under this section shall be required
to repay the stipend or bonus under the following cir-
cumstances:
‘‘(A) The participant fails to obtain teacher
certification or licensure or employment as a
fully qualified elementary school teacher, sec-
ondary school teacher, or vocational or technical
teacher as required by the participation agree-
ment under subsection (a).
371
•HR 1 RH1&2
‘‘(B) The participant voluntarily leaves, or
is terminated for cause, from employment as an
elementary school teacher, secondary school
teacher, or vocational or technical teacher during
the three years of required service in violation of
the participation agreement.
‘‘(C) The participant executed a written
agreement with the Secretary concerned under
section 2042(e)(2) to serve as a member of a re-
serve component of the Armed Forces for a pe-
riod of three years and fails to complete the re-
quired term of service.
‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici-
pant required to reimburse the Secretary for a sti-
pend or bonus paid to the participant under this sec-
tion shall pay an amount that bears the same ratio
to the amount of the stipend or bonus as the unserved
portion of required service bears to the three years of
required service. Any amount owed by the participant
shall bear interest at the rate equal to the highest rate
being paid by the United States on the day on which
the reimbursement is determined to be due for securi-
ties having maturities of ninety days or less and shall
accrue from the day on which the participant is first
notified of the amount due.
372
•HR 1 RH1&2
‘‘(3) TREATMENT OF OBLIGATION.—The obliga-
tion to reimburse the Secretary under this subsection
is, for all purposes, a debt owing the United States.
A discharge in bankruptcy under title 11, United
States Code, shall not release a participant from the
obligation to reimburse the Secretary.
‘‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIRE-
MENT.—A participant shall be excused from reim-
bursement under this subsection if the participant be-
comes permanently totally disabled as established by
sworn affidavit of a qualified physician. The Sec-
retary may also waive reimbursement in cases of ex-
treme hardship to the participant, as determined by
the Secretary.
‘‘(g) RELATIONSHIP
TO EDUCATIONAL ASSISTANCE
UNDER MONTGOMERY GI BILL.—The receipt by a partici-
pant in the Troops-to-Teachers Program of a stipend or
bonus under this section shall not reduce or otherwise affect
the entitlement of the participant to any benefits under
chapter 30 of title 38, United States Code, or chapter 1606
of title 10, United States Code.
‘‘SEC. 2044. PARTICIPATION BY STATES.
‘‘(a) DISCHARGE
OF STATE ACTIVITIES THROUGH
CONSORTIA OF STATES.—The Secretary may permit States
participating in the Troops-to-Teachers Program to carry
373
•HR 1 RH1&2
out activities authorized for such States under the Program
through one or more consortia of such States.
‘‘(b) ASSISTANCE TO STATES.—
‘‘(1) GRANTS
AUTHORIZED.—Subject to para-
graph (2), the Secretary may make grants to States
participating in the Troops-to-Teachers Program, or
to consortia of such States, in order to permit such
States or consortia of States to operate offices for pur-
poses of recruiting eligible members and former mem-
bers of the Armed Forces for participation in the Pro-
gram and facilitating the employment of participants
in the Program as elementary school teachers, sec-
ondary school teachers, and vocational or technical
teachers.
‘‘(2) LIMITATION.—The total amount of grants
under paragraph (1) in any fiscal year may not ex-
ceed $4,000,000.
‘‘SEC. 2045. SUPPORT OF INNOVATIVE PRERETIREMENT
TEACHER CERTIFICATION PROGRAMS.
‘‘(a) DEVELOPMENT, IMPLEMENTATION
AND DEM-
ONSTRATION.—The Secretary may enter into a memo-
randum of agreement with a State, an institution of higher
education, or a consortia of States or institutions of higher
education, to develop, implement, and demonstrate teacher
certification programs for members of the Armed Forces de-
374
•HR 1 RH1&2
scribed in section 2042(a)(1)(B) for the purpose of assisting
such members to consider and prepare for a career as a
fully qualified elementary school teacher, secondary school
teacher, or vocational or technical teacher upon their retire-
ment from the Armed Forces.
‘‘(b) PROGRAM ELEMENTS.—A teacher certification
program under subsection (a) must—
‘‘(1) provide recognition of military experience
and training as related to licensure or certification
requirements;
‘‘(2) provide courses of instruction that may be
conducted on or near a military installation;
‘‘(3) 
incorporate 
alternative 
approaches 
to
achieve teacher certification, such as innovative meth-
ods to gaining field-based teaching experiences, and
assessment of background and experience as related to
skills, knowledge, and abilities required of elementary
school teachers, secondary school teachers, or voca-
tional or technical teachers;
‘‘(4) provide for courses to also be delivered via
distance education methods; and
‘‘(5) address any additional requirements or
specifications as established by the Secretary.
‘‘(c) APPLICATION PROCEDURES.—A State or institu-
tion of higher education (or a consortia of States or institu-
375
•HR 1 RH1&2
tions of higher education) that has a program leading to
State approved teacher certification programs may submit
a proposal to the Secretary for consideration under sub-
section (a). The Secretary shall give preference to proposals
that provide for a sharing of the costs to carry out the teach-
er certification program.
‘‘(d) CONTINUATION OF PROGRAMS.—The purpose of
this section is to provide funding to develop, implement,
and demonstrate teacher certification programs under sub-
section (a). Upon successful completion of the demonstra-
tion phase, the continued operation of the teacher certifi-
cation programs shall not be the responsibility of the Sec-
retary.
‘‘(e) FUNDING LIMITATION.—The total amount obli-
gated by the Secretary under this section in any fiscal year
may not exceed $5,000,000.
‘‘SEC. 2046. REPORTING REQUIREMENTS.
‘‘(a) REPORT REQUIRED.—Not later than March 31
of each year, the Secretary (in consultation with the Sec-
retary of Defense and the Secretary of Transportation) and
the Comptroller General shall each submit to Congress a
report on the effectiveness of the Troops-to-Teachers Pro-
gram in the recruitment and retention of qualified per-
sonnel by local educational agencies and public charter
schools.
376
•HR 1 RH1&2
‘‘(b) ELEMENTS OF REPORT.—The report under sub-
section (a) shall include information on the following:
‘‘(1) The number of participants in the Troops-
to-Teachers Program.
‘‘(2) The schools in which the participants are
employed.
‘‘(3) The grade levels at which the participants
teach.
‘‘(4) The subject matters taught by the partici-
pants.
‘‘(5) The rates of retention of the participants by
the local educational agencies and public charter
schools employing the participants.
‘‘(6) Such other matters as the Secretary or the
Comptroller General, as the case may be, considers
appropriate.
‘‘(c) RECOMMENDATIONS.—The report of the Comp-
troller General under this section shall also include any rec-
ommendations of the Comptroller General regarding any
means of improving the Troops-to-Teachers Program, in-
cluding means of enhancing the recruitment and retention
of participants in the Program.
‘‘SEC. 2047. DEFINITIONS.
‘‘For purposes of this chapter:
377
•HR 1 RH1&2
‘‘(1) ARMED FORCES.—The term ‘Armed Forces’
means the Army, Navy, Air Force, Marine Corps, and
Coast Guard.
‘‘(2) PROGRAM.—The term ‘Program’ means the
Troops-to-Teachers Program authorized by this sub-
part.
‘‘(3) RESERVE COMPONENT.—The term ‘reserve
component’ means—
‘‘(A) the Army National Guard of the
United States;
‘‘(B) the Army Reserve;
‘‘(C) the Naval Reserve;
‘‘(D) the Marine Corps Reserve;
‘‘(E) the Air National Guard of the United
States;
‘‘(F) the Air Force Reserve; and
‘‘(G) the Coast Guard Reserve.
‘‘(4) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means—
‘‘(A) the Secretary of the Army, with respect
to matters concerning a reserve component of the
Army;
‘‘(B) the Secretary of the Navy, with respect
to matters concerning a reserve component of the
Navy;
378
•HR 1 RH1&2
‘‘(C) the Secretary of the Air Force, with re-
spect to matters concerning a reserve component
of the Air Force; and
‘‘(D) the Secretary of Transportation, with
respect to matters concerning the Coast Guard
Reserve.
‘‘CHAPTER 2—TRANSITION TO TEACHING
‘‘SEC. 2048. PROFESSIONALS SEEKING TO CHANGE CA-
REERS.
‘‘(a) PURPOSE.—The purpose of this section is to ad-
dress the need of high-need local educational agencies for
highly qualified teachers in particular subject areas, such
as mathematics, science, foreign languages, bilingual edu-
cation, and special education, needed by those agencies, fol-
lowing the model of the program under chapter 1, by re-
cruiting, preparing, placing, and supporting career-chang-
ing professionals who have knowledge and experience that
will help them become such teachers.
‘‘(b) PROGRAM AUTHORIZED.—The Secretary may
award grants, contracts, or cooperative agreements to insti-
tutions of higher education and public and private non-
profit agencies or organizations to carry out programs au-
thorized by this section.
‘‘(c) APPLICATION.—Each applicant that desires an
award under subsection (b) shall submit an application to
379
•HR 1 RH1&2
the Secretary containing such information as the Secretary
requires, including—
‘‘(1) a description of the target group of career-
changing professionals upon which the applicant will
focus its recruitment efforts in carrying out its pro-
gram under this section, including a description of
the characteristics of that target group that shows how
the knowledge and experience of its members are rel-
evant to meeting the purpose of this section;
‘‘(2) a description of the training that program
participants will receive and how that training will
relate to their certification as teachers;
‘‘(3) a description of how the applicant will col-
laborate, as needed, with other institutions, agencies,
or organizations to recruit, train, place, support, and
provide teacher induction programs to program par-
ticipants under this section, including evidence of the
commitment of those institutions, agencies, or organi-
zations to the applicant’s program;
‘‘(4) a description of how the applicant will
evaluate the progress and effectiveness of its program,
including—
‘‘(A) the program’s goals and objectives;
380
•HR 1 RH1&2
‘‘(B) the performance indicators the appli-
cant will use to measure the program’s progress;
and
‘‘(C) the outcome measures that will be used
to determine the program’s effectiveness; and
‘‘(5) such other information and assurances as
the Secretary may require.
‘‘(d) USES OF FUNDS AND PERIOD OF SERVICE.—
‘‘(1) AUTHORIZED
ACTIVITIES.—Funds under
this section may be used for—
‘‘(A) recruiting program participants, in-
cluding informing them of opportunities under
the program and putting them in contact with
other institutions, agencies, or organizations that
would train, place, and support them;
‘‘(B) training stipends and other financial
incentives for program participants, not to ex-
ceed $5,000 per participant;
‘‘(C) assisting institutions of higher edu-
cation or other providers of teacher training to
tailor their training to meet the particular needs
of professionals who are changing their careers to
teaching;
‘‘(D) placement activities, including identi-
fying high-need local educational agencies with a
381
•HR 1 RH1&2
need for the particular skills and characteristics
of the newly trained program participants and
assisting those participants to obtain employ-
ment in those local educational agencies; and
‘‘(E) post-placement induction or support
activities for program participants.
‘‘(2) PERIOD OF SERVICE.—A program partici-
pant in a program under this section who completes
his or her training shall serve in a high-need local
educational agency for at least 3 years.
‘‘(3) REPAYMENT.—The Secretary shall establish
such requirements as the Secretary determines appro-
priate to ensure that program participants who re-
ceive a training stipend or other financial incentive
under paragraph (1)(B), but fail to complete their
service obligation under paragraph (2), repay all or
a portion of such stipend or other incentive.
‘‘(e) EQUITABLE DISTRIBUTION.—To the extent prac-
ticable, the Secretary shall make awards under this section
that support programs in different geographic regions of the
United States.
‘‘(f) DEFINITION.—As used in this section, the term
‘program participants’ means career-changing professionals
who—
‘‘(1) hold at least a baccalaureate degree;
382
•HR 1 RH1&2
‘‘(2) demonstrate interest in, and commitment
to, becoming a teacher; and
‘‘(3) have knowledge and experience that are rel-
evant to teaching a high-need subject area in a high-
need local educational agency.
‘‘Subpart 5—Funding
‘‘SEC. 2051. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—For the purpose of carrying out
this part, other than subpart 4, there are authorized to be
appropriated $3,600,000,000 for fiscal year 2002 and such
sums as may be necessary for each of fiscal years 2003
through 2006.
‘‘(b) SUBPART 4.—For the purpose of carrying out
subpart 4, there are authorized to be appropriated
$50,000,000 for fiscal year 2002 and such sums as may be
necessary for each of fiscal years 2003 through 2006.
‘‘Subpart 6—General Provisions
‘‘SEC. 2061. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) ARTS AND SCIENCES.—The term ‘arts and
sciences’ means—
‘‘(A) when referring to an organizational
unit of an institution of higher education, any
academic unit that offers one or more academic
majors in disciplines or content areas cor-
383
•HR 1 RH1&2
responding to the academic subject matter areas
in which teachers provide instruction; and
‘‘(B) when referring to a specific academic
subject matter area, the disciplines or content
areas in which academic majors are offered by
the arts and sciences organizational unit.
‘‘(2) BEGINNING
TEACHER.—The term ‘begin-
ning teacher’ means an educator in a public school
who has not yet been teaching 3 full school years.
‘‘(3) MENTORING
PROGRAM.—The term ‘men-
toring program’ means to provide professional sup-
port and development, instruction, and guidance to
beginning teachers, but does not include a teacher or
individual who begins to work in a supervisory posi-
tion.
‘‘(4) PUBLICLY REPORT.—The term ‘publicly re-
port’, when used with respect to the dissemination of
information, means that the information is made
widely available to the public, including parents and
students, through such means as the Internet and
major print and broadcast media outlets.’’.
SEC. 202. NATIONAL WRITING PROJECT.
(a) TRANSFER AND REDESIGNATION.—Part K of title
X (20 U.S.C. 8331 et seq.) is transferred and redesignated
384
•HR 1 RH1&2
as part B of title II. Sections 10991 and 10992 are redesig-
nated as sections 2101 and 2102, respectively.
(b) EVALUATION.—Section 2102(g) (as so redesig-
nated) is amended—
(1) in paragraph (1), by striking ‘‘14701.’’ and
inserting ‘‘8651.’’; and
(2) in paragraph (2), by striking ‘‘1994’’ and in-
serting ‘‘2002’’.
(c) REAUTHORIZATION.—Section 2102(i) (as so redes-
ignated) is amended by striking ‘‘$4,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
four succeeding fiscal years,’’ and inserting ‘‘such sums as
may be necessary for fiscal year 2002 and the four suc-
ceeding fiscal years,’’.
(d) CONTINUATION
OF
AWARDS.—Notwithstanding
any other provision of this Act, any person or agency that
was awarded a grant or contract under part K of title X
(20 U.S.C. 8331 et seq.) prior to the date of the enactment
of this Act shall continue to receive funds in accordance
with the terms of such award until the date on which the
award period terminates under such terms.
385
•HR 1 RH1&2
SEC. 203. CIVIC EDUCATION; TEACHER LIABILITY PROTEC-
TION.
(a) IN GENERAL.—Title II, as amended by sections
201 and 202, is further amended by adding at the end the
following:
‘‘PART C—CIVIC EDUCATION
‘‘SEC. 2201. SHORT TITLE.
‘‘This part may be cited as the ‘Education for Democ-
racy Act’.
‘‘SEC. 2202. FINDINGS.
‘‘The 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-
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-
386
•HR 1 RH1&2
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 50 percent
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
fewer than 50 percent 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;
‘‘(9) civics and economic education are impor-
tant not only to developing citizenship competencies
in the United States but also are critical to sup-
porting political stability and economic health in
other democracies, particularly emerging democratic
market economies;
387
•HR 1 RH1&2
‘‘(10) more than 75 percent of Americans sur-
veyed 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. 2203. 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.
‘‘SEC. 2204. AUTHORITY.
‘‘The Secretary may make grants to, or enter into con-
tracts with—
‘‘(1) the Center for Civic Education to carry out
civic education activities in accordance with sections
2205 and 2206; and
388
•HR 1 RH1&2
‘‘(2) the National Council on Economic Edu-
cation to carry out economic education activities in
accordance with section 2206.
‘‘SEC. 2205. WE THE PEOPLE PROGRAM.
‘‘(a) USE OF FUNDS.—The Center for Civic Education
may use funds made available under grants or contracts
under section 2204(1) only to carry out activities—
‘‘(1) under the Citizen and the Constitution pro-
gram in accordance with subsection (b); and
‘‘(2) under the Project Citizen program in ac-
cordance with subsection (c).
‘‘(b) CITIZEN AND THE CONSTITUTION PROGRAM.—
‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for
Civic Education—
‘‘(A) shall use funds made available under
grants or contracts under section 2204(1)—
‘‘(i) to continue and expand the edu-
cational activities of the program entitled
the ‘We the People . . . The Citizen and the
Constitution’ administered by the Center for
Civic Education;
‘‘(ii) to carry out activities to enhance
student attainment of challenging academic
content standards in civics and government;
389
•HR 1 RH1&2
‘‘(iii) to provide a course of instruction
on the basic principles of the Nation’s con-
stitutional democracy and the history of the
Constitution of the United States, including
the Bill of Rights;
‘‘(iv) to provide, at the request of a
participating school, school and community
simulated congressional hearings following
the course of instruction described in clause
(iii); and
‘‘(v) to provide an annual national
competition of simulated congressional hear-
ings for secondary school students who wish
to participate in such a program; and
‘‘(B) may use assistance made available
under section 2204(1)—
‘‘(i) to provide advanced sustained and
ongoing training of teachers about the Con-
stitution of the United States and the polit-
ical system of the United States;
‘‘(ii) to provide materials and methods
of instruction, including teacher training,
that utilize the latest advancements in edu-
cational technology; and
390
•HR 1 RH1&2
‘‘(iii) to provide civic education mate-
rials and services to address specific prob-
lems such as the prevention of school vio-
lence and the abuse of drugs and alcohol.
‘‘(2) AVAILABILITY OF PROGRAM.—As a condi-
tion of receipt of funds under grants or contracts
under section 2204(1), the Secretary shall require the
Center for Civic Education to make the education
program authorized under this subsection available to
public and private elementary schools and secondary
schools, including Bureau-funded schools, in each of
the 435 congressional districts, and in the District of
Columbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands.
‘‘(c) PROJECT CITIZEN.—
‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for
Civic Education—
‘‘(A) shall use funds made available under
grants or contracts under section 2204(1)—
‘‘(i) to continue and expand the edu-
cational activities of the program entitled
the ‘We the People . . . Project Citizen’ pro-
gram administered by the Center;
391
•HR 1 RH1&2
‘‘(ii) to carry out activities to enhance
student attainment of challenging academic
content standards in civics and government;
‘‘(iii) to provide a course of instruction
at the middle school level on the roles of
State and local governments in the Federal
system established by the Constitution of the
United States; and
‘‘(iv) to provide an annual national
showcase or competition; and
‘‘(B) may use funds made available under
grants or contracts under section 2204(1)—
‘‘(i) to provide optional school and
community simulated State legislative hear-
ings;
‘‘(ii) to provide advanced sustained
and ongoing training of teachers on the
roles of State and local governments in the
Federal system established by the Constitu-
tion of the United States;
‘‘(iii) to provide materials and meth-
ods of instruction, including teacher train-
ing, that utilize the latest advancements in
educational technology; and
392
•HR 1 RH1&2
‘‘(iv) to provide civic education mate-
rials and services to address specific prob-
lems such as the prevention of school vio-
lence and the abuse of drugs and alcohol.
‘‘(2) AVAILABILITY OF PROGRAM.—As a condi-
tion of receipt of funds under grants or contracts
under section 2204(1), the Secretary shall require the
Center for Civic Education to make the education
program authorized under this subsection available to
public and private middle schools, including Bureau-
funded schools, in each of the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
‘‘(d) BUREAU-FUNDED SCHOOL DEFINED.—In this
section, the term ‘Bureau-funded school’ has the meaning
given such term in section 1146 of the Education Amend-
ments of 1978 (25 U.S.C. 2026).
‘‘SEC. 2206. COOPERATIVE CIVIC EDUCATION AND ECO-
NOMIC EDUCATION EXCHANGE PROGRAMS.
‘‘(a) USE OF FUNDS.—The Center for Civic Education
and the National Council on Economic Education may use
funds made available under grants or contracts under sec-
tion 2204(2) only to carry out cooperative education ex-
change programs that—
393
•HR 1 RH1&2
‘‘(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 programs
described in paragraph (1);
‘‘(3) create and implement programs for civics
and government education, and economic education,
for students that draw upon the experiences of the
participating eligible countries;
‘‘(4) provide means for the exchange of ideas and
experiences in civics and government education, and
economic education, among political, educational,
governmental, and private sector leaders of partici-
pating 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-
tion and improvement of constitutional democ-
racy; and
394
•HR 1 RH1&2
‘‘(B) effective participation in and the pres-
ervation and improvement of an efficient market
economy.
‘‘(b) ACTIVITIES.—In carrying out the cooperative
education exchange programs assisted under this section,
the Center for Civic Education and the National Council
on Economic Education shall—
‘‘(1) provide to the participants from eligible
countries—
‘‘(A) seminars on the basic principles of
United States constitutional democracy and eco-
nomic system, including seminars on the major
governmental and economic institutions and sys-
tems in the United States, and visits to such in-
stitutions;
‘‘(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;
‘‘(C) translations and adaptations with re-
spect to United States civics and government
education, and economic education, curricular
programs for students and teachers, and in the
case of training programs for teachers trans-
395
•HR 1 RH1&2
lations and adaptations into forms useful in
schools in eligible countries, and joint research
projects in such areas; and
‘‘(D) independent research and evaluation
assistance—
‘‘(i) to determine the effects of the coop-
erative education exchange programs on
students’ development of the knowledge,
skills, and traits of character essential for
the preservation and improvement of con-
stitutional democracy; and
‘‘(ii) to identify effective participation
in and the preservation and improvement of
an efficient market economy;
‘‘(2) provide to the participants from the United
States—
‘‘(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
education, and economic education, located in el-
igible countries;
‘‘(C) assistance from educators and scholars
in eligible countries in the development of cur-
396
•HR 1 RH1&2
ricular materials on the history, government,
and economy of such countries that are useful in
United States classrooms;
‘‘(D) opportunities to provide onsite dem-
onstrations of United States curricula and peda-
gogy for educational leaders in eligible countries;
and
‘‘(E) independent research and evaluation
assistance to determine—
‘‘(i) the effects of the cooperative edu-
cation exchange programs assisted under
this section on students’ development of the
knowledge, skills, and traits of character es-
sential for the preservation and improve-
ment of constitutional democracy; and
‘‘(ii) effective participation in and im-
provement of an efficient market economy;
and
‘‘(3) assist participants from eligible countries
and the United States to participate in international
conferences on civics and government education, and
economic education, for educational leaders, teacher
trainers, scholars in related disciplines, and edu-
cational policymakers.
417
•HR 1 RH1&2
teaching the English language to children who are
limited English proficient.
‘‘SEC. 3106. NATIVE AMERICAN AND ALASKA NATIVE CHIL-
DREN IN SCHOOL.
‘‘(a) ELIGIBLE ENTITIES.—For the purpose of car-
rying out programs under this part for individuals served
by elementary, secondary, and postsecondary schools oper-
ated predominately for Native American or Alaska Native
children, the following shall be considered to be a local edu-
cational agency:
‘‘(1) An Indian tribe.
‘‘(2) A tribally sanctioned educational authority.
‘‘(3) A Native Hawaiian or Native American
Pacific Islander native language educational organi-
zation.
‘‘(4) An elementary or secondary school that is
operated or funded by the Bureau of Indian Affairs,
or a consortium of such schools.
‘‘(5) An elementary or secondary school operated
under a contract with or grant from the Bureau of
Indian Affairs, in consortium with another such
school or a tribal or community organization.
‘‘(6) An elementary or secondary school operated
by the Bureau of Indian Affairs and an institution
of higher education, in consortium with an elemen-
461
•HR 1 RH1&2
‘‘(2) the use of a single report format related to
the projected expenditures for the individual project
which shall be used by an eligible entity to report on
all project expenditures;
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and
‘‘(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept or
reject the plan for providing such technical assistance
and the technical assistance provider.
‘‘(i) REPORT REQUIREMENTS.—A single report format
shall be developed by the Secretary, consistent with the re-
quirements of this section. Such report format, together with
records maintained on the consolidated program at the local
level, shall contain such information as will allow a deter-
mination that the eligible entity has complied with the re-
quirements incorporated in its approved plan, including
the demonstration of student achievement, and will provide
assurances to each Secretary that the eligible entity has
complied with all directly applicable statutory requirements
and with those directly applicable regulatory requirements
which have not been waived.
600
•HR 1 RH1&2
maintains facilities for providing free public edu-
cation.
‘‘(11) LOCAL SCHOOL BOARD.—The term ‘local
school board’, when used with respect to a Bureau
school, means a body chosen in accordance with the
laws of the tribe to be served or, in the absence of such
laws, elected by the parents of the Indian children at-
tending the school, except that in schools serving a
substantial number of students from different tribes,
the members shall be appointed by the governing bod-
ies of the tribes affected, and the number of such
members shall be determined by the Secretary in con-
sultation with the affected tribes.
‘‘(12) OFFICE.—The term ‘Office’ means the Of-
fice of Indian Education Programs within the Bu-
reau.
‘‘(13) SECRETARY.—The term ‘Secretary’ means
the Secretary of the Interior.
‘‘(14) 
SUPERVISOR.—The 
term 
‘supervisor’
means the individual in the position of ultimate au-
thority at a Bureau school.
‘‘(15) TRIBAL
GOVERNING
BODY.—The term
‘tribal governing body’ means, with respect to any
school, the tribal governing body, or tribal governing