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learning opportunities and related activities (such as drug 
and violence-prevention programs, art and music pro-
grams, recreational programs, technology education pro-
grams, and character education programs) that are linked 
to, and reinforce, the regular academic program of schools 
attended by the students served and is operated by a local 
educational agency, community-based organization, other 
public entity or private organization or a consortium of 
two or more such groups. Community learning centers shall 
operate outside school hours, such as before or after school 
or when school is not in session. 
‘‘Subpart 3—National Programs 
‘‘SEC. 5131. FEDERAL ACTIVITIES. 
‘‘(a) PROGRAM AUTHORIZED.— 
‘‘(1) IN GENERAL.—From funds made available 
to carry out this part under section 5003(3), the Sec-
retary, in consultation with the Secretary of Health 
and Human Services, the Director of the Office of Na-
tional Drug Control Policy, and the Attorney Gen-
eral, shall evaluate the effectiveness of programs and 
activities that prevent violence and the illegal use of 
drugs by youth, that promote safety and discipline for 
students in elementary and secondary schools, and 
that provide before and after school supervision and 
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academic enrichment, based on the needs reported by 
States and local educational agencies. 
‘‘(2) COORDINATION.—The Secretary shall carry 
out activities described in paragraph (1) directly, or 
through grants, contracts, or cooperative agreements 
with public and private nonprofit and for-profit orga-
nizations, and individuals, or through agreements 
with other Federal agencies, and shall coordinate such 
activities with other appropriate Federal activities. 
‘‘(3) PROGRAMS.—Activities described in para-
graph (1) may include— 
‘‘(A) demonstrations and rigorous scientif-
ically based evaluations of innovative approaches 
to drug and violence prevention and before and 
after school activities based on needs reported by 
State and local educational agencies; 
‘‘(B) the provision of information on drug 
abuse education and prevention to the Secretary 
of Health and Human Services for dissemination 
by the clearinghouse for alcohol and drug abuse 
information established under section 501(d)(16) 
of the Public Health Service Act; 
‘‘(C) the provision of information on vio-
lence prevention and school safety to the Attor-
ney General for dissemination; and 
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‘‘(D) continuing technical assistance to chief 
executive officers, State agencies, and local edu-
cational agencies to build capacity to develop 
and implement high-quality, effective programs 
consistent with the principles of effectiveness. 
‘‘(b) PEER REVIEW.—The Secretary shall use a peer 
review process in reviewing applications for funds under 
this section. 
‘‘Subpart 4—Gun Possession 
‘‘SEC. 5141. GUN-FREE SCHOOL REQUIREMENTS. 
‘‘(a) REQUIREMENTS.— 
‘‘(1) STATE LAW.—Each State receiving funds 
under this Act shall— 
‘‘(A) have in effect a State law requiring 
each local educational agency to expel from 
school for a period of not less than one year a 
student who is determined to have possessed a 
firearm in or at a school or on school grounds 
under the jurisdiction of a local educational 
agency in that State, except that such State law 
shall allow the chief administering officer of such 
local educational agency to modify such expul-
sion requirement for a student on a case-by-case 
basis; and 
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‘‘(B) require each local educational agency 
to adopt a policy requiring each elementary and 
secondary school to refer to the criminal justice 
or juvenile delinquency system any student who 
possesses a firearm in school. 
‘‘(2) CONSTRUCTION.—Nothing in this part shall 
be construed to prevent a State from allowing a local 
educational agency that has expelled a student from 
such student’s regular school setting from providing 
educational services to such student in an alternative 
setting. 
‘‘(b) REPORT
TO STATE.—Each local educational 
agency requesting assistance from the State educational 
agency that is to be provided from funds made available 
to the State under this Act shall provide to the State, in 
the application requesting such assistance— 
‘‘(1) an assurance that such local educational 
agency is in compliance with the requirements of sub-
section (a); and 
‘‘(2) a description of the circumstances sur-
rounding incidents of possessions and any expulsions 
imposed under the State law required by subsection 
(a)(1), including— 
‘‘(A) the name of the school concerned; 
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‘‘(B) the number of students expelled from 
such school for firearm possession; and 
‘‘(C) the type of firearm concerned. 
‘‘(c) SPECIAL RULE.—The provisions of this section 
shall be construed in a manner consistent with the Individ-
uals with Disabilities Education Act. 
‘‘(d) DEFINITIONS.—For the purpose of this subpart— 
‘‘(1) the term ‘firearm’ has the same meaning 
given to such term under section 921(a)(3) of title 18, 
United States Code; and 
‘‘(2) the term ‘school’ does not include a home 
school, regardless of whether a home school is treated 
as a private school under State law. 
‘‘Subpart 5—General Provisions 
‘‘SEC. 5151. DEFINITIONS. 
‘‘For the purposes of this part, the following terms have 
the following meanings: 
‘‘(1) BEFORE AND AFTER SCHOOL ACTIVITIES.— 
The term ‘before and after school activities’ means 
academic, recreational, and enrichment activities for 
school-age youth outside of the regular school hours or 
school year. 
‘‘(2) CONTROLLED SUBSTANCE.—The term ‘con-
trolled substance’ means a drug or other substance 
identified under Schedule I, II, III, IV, or V in sec-
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tion 202(c) of the Controlled Substances Act (21 
U.S.C. 812(c)). 
‘‘(3) DRUG.—The term ‘drug’ includes controlled 
substances; the illegal use of alcohol and tobacco; and 
the harmful, abusive, or addictive use of substances, 
including inhalants and anabolic steroids. 
‘‘(4) DRUG
AND
VIOLENCE
PREVENTION.—The 
term ‘drug and violence prevention’ means— 
‘‘(A) with respect to drugs, prevention, early 
intervention, rehabilitation referral, or education 
related to the illegal use of drugs; and 
‘‘(B) with respect to violence, the promotion 
of school safety, such that students and school 
personnel are free from violent and disruptive 
acts, on school premises, going to and from 
school, 
and 
at 
school-sponsored 
activities, 
through the creation and maintenance of a school 
environment that is free of weapons and fosters 
individual responsibility and respect for the 
rights of others. 
‘‘(5) NONPROFIT.—The term ‘nonprofit,’ as ap-
plied to a school, agency, organization, or institution 
means a school, agency, organization, or institution 
owned and operated by one or more nonprofit cor-
porations or associations, no part of the net earnings 
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of which inures, or may lawfully inure, to the benefit 
of any private shareholder or individual. 
‘‘(6) SCHOOL-AGED
POPULATION.—The term 
‘school-aged population’ means the population aged 5 
through 17, as determined by the Secretary on the 
basis of the most recent satisfactory data available 
from the Department of Commerce. 
‘‘(7) SCHOOL BASED MENTAL HEALTH SERVICES 
PROVIDER.—The term ‘school based mental health 
services provider’ includes a State licensed or State 
certified school counselor, school psychologist, school 
social worker, or other State licensed or certified men-
tal health professional qualified under State law to 
provide such services to children and adolescents. 
‘‘(8) SCHOOL
PERSONNEL.—The term ‘school 
personnel’ includes teachers, principals, administra-
tors, guidance counselors, social workers, psycholo-
gists, nurses, librarians, and other support staff who 
are employed by a school or who perform services for 
the school on a contractual basis. 
‘‘(9) STATE.—The term ‘State’ means each of the 
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
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‘‘SEC. 5152. MESSAGE AND MATERIALS. 
‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre-
vention programs supported under this title shall convey 
a clear and consistent message that the illegal use of drugs 
is wrong and harmful. 
‘‘(b) CURRICULUM.—The Secretary shall not prescribe 
the use of specific curricula for programs supported under 
this part. 
‘‘SEC. 5153. PARENTAL CONSENT. 
‘‘Upon receipt of written notification from the parents 
or legal guardians of a student, the local educational agency 
shall withdraw such student from any program or activity 
funded under this title. The local educational agency shall 
make reasonable efforts to inform parents or legal guardians 
of the content of such programs or activities funded under 
this title, other than classroom instruction. 
‘‘SEC. 5154. PROHIBITED USES OF FUNDS. 
‘‘No funds under this part may be used for— 
‘‘(1) construction (except for minor remodeling 
needed to accomplish the purposes of this part); or 
‘‘(2) medical services, drug treatment or rehabili-
tation, except for pupil services or referral to treat-
ment for students who are victims of, or witnesses to, 
use of drugs or crime. 
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‘‘PART B—ENHANCING EDUCATION THROUGH 
TECHNOLOGY 
‘‘SEC. 5201. SHORT TITLE. 
‘‘This part may be cited as the ‘Enhancing Education 
Through Technology Act of 2001’. 
‘‘SEC. 5202. PURPOSES. 
‘‘The purposes of this part are as follows: 
‘‘(1) To provide assistance to States and local-
ities for implementing innovative technology initia-
tives that lead to increased student academic achieve-
ment and that may be evaluated for effectiveness and 
replicated if successful. 
‘‘(2) To encourage the establishment or expan-
sion of initiatives, including those involving public- 
private partnerships, designed to increase access to 
technology, particularly in high-need local edu-
cational agencies. 
‘‘(3) To assist States and localities in the acqui-
sition, development, interconnection, implementation, 
improvement, and maintenance of an effective edu-
cational technology infrastructure in a manner that 
expands access to technology for students (particu-
larly for disadvantaged students) and teachers. 
‘‘(4) To promote initiatives that provide school 
teachers, principals, and administrators with the ca-
pacity to effectively integrate technology into cur-
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riculum that is aligned with challenging State aca-
demic content and student academic achievement 
standards, through such means as high quality profes-
sional development programs. 
‘‘(5) To enhance the ongoing professional devel-
opment of teachers, principals, and administrators by 
providing constant access to updated research in 
teaching and learning via electronic means. 
‘‘(6) To support the development of electronic 
networks and other innovative methods, such as dis-
tance learning, of delivering challenging courses and 
curricula for students who would otherwise not have 
access to such courses and curricula, particularly in 
geographically remote regions. 
‘‘(7) To support the rigorous evaluation of pro-
grams funded under this part, particularly the im-
pact of such initiatives on student academic perform-
ance, and ensure that timely information on the re-
sults of such evaluations is widely accessible through 
electronic means. 
‘‘(8) To support local efforts for the use of tech-
nology to promote parent and family involvement in 
education and communication among students, par-
ents, teachers, principals, and administrators. 
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‘‘SEC. 5203. AUTHORIZATION OF APPROPRIATIONS; FUND-
ING RULE. 
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated— 
‘‘(1) to carry out subparts 1 and 2 of this part— 
‘‘(A) $1,000,000,000 for fiscal year 2002; 
and 
‘‘(B) such sums as may be necessary for 
each of fiscal years 2003 through 2006; and 
‘‘(2) to carry out subpart 3 of this part— 
‘‘(A) $24,500,000 for fiscal year 2002; and 
‘‘(B) such sums as may be necessary for 
each of fiscal years 2003 through 2006. 
‘‘(b) ALLOCATION OF FUNDS BETWEEN NATIONAL AND 
STATE AND LOCAL INITIATIVES.—The amount of funds 
made available under subsection (a) shall be allocated as 
follows: 
‘‘(1) Not less than 95 percent shall be made 
available for State and local technology initiatives 
under subpart 1. 
‘‘(2) Not more than 5 percent may be made 
available for activities of the Secretary under subpart 
2, of which not more than $15,000,000 may be used 
for the study required by section 5221(a)(1). 
‘‘SEC. 5204. DEFINITIONS. 
‘‘In this part: 
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‘‘(1) The term ‘distance learning’ means the 
transmission of educational or instructional program-
ming to geographically dispersed individuals and 
groups via telecommunications. 
‘‘(2) The term ‘eligible local entity’ means— 
‘‘(A) a high-need local educational agency; 
or 
‘‘(B) an eligible local partnership. 
‘‘(3) The term ‘eligible local partnership’ means 
a partnership that includes at least one high-need 
local educational agency and at least one— 
‘‘(A) local educational agency that can dem-
onstrate that teachers in schools served by that 
agency are effectively integrating technology and 
proven teaching practices into instruction, based 
on scientifically based research, that result in 
improvement in— 
‘‘(i) classroom instruction in the core 
academic subject areas; and 
‘‘(ii) the preparation of students to 
meet challenging State academic content 
and student academic achievement stand-
ards; 
‘‘(B) institution of higher education that is 
in full compliance with the reporting require-
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•HR 1 RH1&2 
ments of section 207(f) of the Higher Education 
Act of 1965 (20 U.S.C. 1027(f)) and that has not 
been identified by its State as low-performing 
under section 208 of such Act (20 U.S.C. 1028); 
‘‘(C) for-profit business or organization that 
develops, designs, manufactures, or produces 
technology products or services, or has substan-
tial expertise in the application of technology; or 
‘‘(D) public or private nonprofit organiza-
tion with demonstrated experience in the appli-
cation of educational technology. 
‘‘(4) The term ‘high-need local educational agen-
cy’ means a local educational agency that— 
‘‘(A) is among the local educational agen-
cies in the State with the highest numbers or 
percentages of children from families with in-
comes below the poverty line, as defined by the 
Office of Management and Budget and revised 
annually in accordance with section 673(2) of 
the Community Services Block Grant Act (42 
U.S.C. 9902(2)); 
‘‘(B) includes one or more schools identified 
under section 1116; and 
‘‘(C) has a substantial need for assistance 
in acquiring and using technology. 
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‘‘Subpart 1—State and Local Technology for Success 
Grants 
‘‘SEC. 5211. DETERMINATION OF AMOUNT OF STATE ALLOT-
MENT. 
‘‘(a) IN GENERAL.—Except as otherwise provided in 
this subpart, each State shall be eligible to receive a grant 
under this subpart for a fiscal year in an allotment deter-
mined as follows: 
‘‘(1) 50 percent shall bear the same relationship 
to 
the 
amount 
made 
available 
under 
section 
5203(b)(1) for such year as the amount such State re-
ceived under part A for title I for such year bears to 
the amount received for such year under such part by 
all States. 
‘‘(2) 50 percent shall be determined on the basis 
of the State’s relative population of individuals age 5 
through 17, as determined by the Secretary on the 
basis of the most recent satisfactory data. 
‘‘(b) RESERVATION OF FUNDS FOR BUREAU OF INDIAN 
AFFAIRS AND OUTLYING AREAS.—Of the amount made 
available to carry out this subpart under section 5203(b)(1) 
for a fiscal year— 
‘‘(1) the Secretary shall reserve 1⁄2 of 1 percent 
for the Secretary of the Interior for programs under 
this subpart for schools operated or funded by the Bu-
reau of Indian Affairs; and 
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•HR 1 RH1&2 
‘‘(2) the Secretary shall reserve 1⁄2 of 1 percent 
to provide assistance under this subpart to the out-
lying areas. 
‘‘(c) MINIMUM ALLOTMENT.—The amount of any 
State’s allotment under subsection (a) for any fiscal year 
may not be less than 1⁄2 of 1 percent of the amount made 
available under section 5203(b)(1) for such year. 
‘‘(d) REALLOTMENT
OF UNUSED FUNDS.—If any 
State does not apply for an allotment under this subpart 
for a fiscal year, or does not use its entire allotment for 
that fiscal year, the Secretary shall reallot the amount of 
the State’s allotment, or the unused portion thereof, to the 
remaining States in accordance with this section. 
‘‘SEC. 5212. USE OF ALLOTMENT BY STATE. 
‘‘(a) IN GENERAL.—Of the amount provided to a State 
from its allotment under section 5211— 
‘‘(1) the State may use not more than 5 percent 
to carry out activities under section 5215; and 
‘‘(2) subject to subsection (b), not less than 95 
percent shall be distributed by the State as follows: 
‘‘(A) 60 percent of such amount shall— 
‘‘(i) be awarded to local educational 
agencies that have submitted applications to 
the State under section 5214 (which, in the 
case of a local educational agency that is an 
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•HR 1 RH1&2 
eligible local entity, may be combined with 
an application for funds awarded under 
subparagraph (B)), in an amount that 
bears the same relationship to the amount 
made available under section 5211(a) for 
such year as the amount such local edu-
cational agency received under part A of 
title I for such year bears to the amount re-
ceived for such year under such part by all 
local educational agencies within the State; 
and 
‘‘(ii) be used for the activities described 
in section 5216. 
‘‘(B) 40 percent of such amount shall be 
awarded through a State-determined competitive 
process to eligible local entities that have sub-
mitted applications to the State under section 
5214 (which, in the case of an eligible local enti-
ty that is a local educational agency, may be 
combined with an application for funds provided 
under subparagraph (A)), to be used to carry out 
activities consistent with activities described in 
section 5216. 
‘‘(b) CONTINUATION
OF AWARDS.—Notwithstanding 
section 3 of the No Child Left Behind Act of 2001, a State 
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shall make continuation awards on multiyear grants 
awarded by the State under section 3132(a)(2) (as in effect 
on the day preceding the date of enactment of such Act) 
from the funds described in subsection (a)(2) for the shorter 
of— 
‘‘(1) the duration of the original grant period; or 
‘‘(2) two years after the date of enactment of 
such Act. 
‘‘SEC. 5213. STATE APPLICATIONS. 
‘‘(a) IN GENERAL.—To be eligible to receive a grant 
under this subpart, a State shall submit an application to 
the Secretary containing a new or updated statewide, long- 
range strategic educational technology plan (which shall 
consider the educational technology needs of local edu-
cational agencies), and such other information as the Sec-
retary may reasonably require, at such time and in such 
manner as the Secretary may specify. 
‘‘(b) CONTENTS.—Each State application submitted 
under this section shall include the following: 
‘‘(1) A description of how the State will use 
funds provided under this subpart to improve the aca-
demic achievement of all students and to improve the 
capacity of all teachers to provide instruction in the 
State through the use of education technology. 
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‘‘(2) A description of the State’s goals for using 
advanced technology to improve student achievement 
aligned to challenging State academic content and 
student academic achievement standards. 
‘‘(3) A description of how the State will take 
steps (including through public and private partner-
ships) to ensure that all students and teachers in the 
State, particularly those residing or teaching in dis-
tricts served by high-need local educational agencies, 
will have increased access to educational technology. 
‘‘(4) A description of— 
‘‘(A) how the State will ensure that ongoing 
integration of technology into instructional strat-
egies and school curricula in all schools in the 
State so that technology will be fully integrated 
into those schools by December 31, 2006; and 
‘‘(B) the process and accountability meas-
ures the State will use for the evaluation of such 
integration, including whether such integra-
tion— 
‘‘(i) has increased the ability of teach-
ers to teach effectively; and 
‘‘(ii) has enabled students to meet chal-
lenging State academic content and student 
academic achievement standards. 
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‘‘(5) A description of how the State will encour-
age the development and utilization of innovative 
strategies for the delivery of specialized or rigorous 
academic courses and curricula through the use of 
technology and distance learning, particularly for 
those areas of the State that would not otherwise have 
access to such courses and curricula due to geo-
graphical isolation or insufficient resources. 
‘‘(6) An assurance that financial assistance pro-
vided under this subpart shall supplement, not sup-
plant, State and local funds. 
‘‘(7) A description of how the State will ensure 
that every teacher and principal within a school 
funded under this subpart will be computer-literate 
and proficient (as determined by the State) by De-
cember 31, 2006. 
‘‘(8) A description of how the State will ensure 
that each grant under section 5212(a)(2)(B) to an eli-
gible local applicant is of sufficient duration, size, 
scope, and quality to carry out the purposes of this 
part effectively. 
‘‘(9) A description of how the State educational 
agency will provide technical assistance to eligible 
local applicants, and its capacity for providing such 
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assistance, including developing public and private 
partnerships under this part. 
‘‘(c) DEEMED APPROVAL.—A State application sub-
mitted to the Secretary under this section shall be deemed 
to be approved by the Secretary unless the Secretary makes 
a written determination, prior to the expiration of the 90- 
day period that begins on the date the Secretary receives 
the complete application, that the application does not rea-
sonably meet the purposes of this subpart. 
‘‘(d) DISAPPROVAL.—The Secretary may issue a final 
disapproval of a State’s application under this subpart 
only after giving the State notice and an opportunity for 
a hearing. 
‘‘(e) DISSEMINATION OF INFORMATION ON STATE AP-
PLICATIONS.—The Secretary shall make information on 
State applications under this subpart widely available to 
schools and the general public, including through dissemi-
nation on the Internet, in a timely and user-friendly man-
ner. 
‘‘SEC. 5214. LOCAL APPLICATIONS. 
‘‘(a) IN GENERAL.—An applicant seeking to receive 
funds from a State under this subpart shall submit to the 
State an application containing a new or updated long- 
range local strategic educational technology plan consistent 
with the objectives of the statewide education technology 
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•HR 1 RH1&2 
plan described in section 5213(a), and such other informa-
tion as the State may reasonably require, at such time, and 
in such manner as the State may specify. 
‘‘(b) CONTENTS OF LOCAL APPLICATION.—Each local 
application described in this section shall include the fol-
lowing: 
‘‘(1) A description of how the applicant will use 
Federal funds provided under this subpart to improve 
the academic achievement of all students and to im-
prove the capacity of all teachers to provide instruc-
tion through the use of education technology. 
‘‘(2) A description of the applicant’s specific 
goals for using advanced technology to improve stu-
dent achievement aligned to challenging State aca-
demic content and student academic achievement 
standards. 
‘‘(3) A description of— 
‘‘(A) how the applicant will take steps to 
ensure that all students and teachers in schools 
served by the local educational agency (particu-
larly those in high-poverty and high-need 
schools) have increased access to educational 
technology; and 
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15:07 Jun 10, 2011
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