H. R. 6—369
‘‘(c) REPORT.—At the end of each grant or contract period,
the Secretary shall submit to the Congress a report on the effective-
ness of the programs conducted at each regional consortium.
‘‘SEC. 13307. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) The term ‘eligible entity’ means—
‘‘(A) a private nonprofit organization of demonstrated
effectiveness;
‘‘(B) an institution of higher education;
‘‘(C) an elementary or secondary school;
‘‘(D) a State or local educational agency;
‘‘(E) a regional educational laboratory in consortium
with the research and development center established
under section 931(c)(1)(B)(i) of the Educational Research,
Development, Dissemination, and Improvement Act of
1994; or
‘‘(F) any combination of the entities described in sub-
paragraphs (A) through (E),
with demonstrated expertise in mathematics and science edu-
cation.
‘‘(2) The terms ‘mathematics’ and ‘science’ include the tech-
nology education associated with mathematics and science,
respectively.
‘‘(3) The term ‘region’ means a region of the United States
served by a regional education laboratory that is supported
by the Secretary pursuant to section 405(d)(4)(A)(i) of the Gen-
eral Education Provisions Act (as such section was in existence
on the day preceding the date of enactment of the Goals 2000:
Educate America Act).
‘‘(4) The term ‘regional consortium’ means each regional
mathematics and science education consortium established
pursuant to section 13301.
‘‘(5) The term ‘State agency for higher education’ means
the State board of higher education or other agency or officer
primarily responsible for the State supervision of higher edu-
cation, or, if there is no such officer or agency, an officer
or agency designated for the purpose of carrying out this part
by the Governor or by State law.
‘‘SEC. 13308. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $23,000,000 for fiscal
year 1995, and such sums as may be necessary for each of the
4 succeeding fiscal years, to carry out this part.
‘‘PART D—TECHNOLOGY-BASED TECHNICAL
ASSISTANCE
‘‘SEC. 13401. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
‘‘The Secretary is authorized to provide a technology-based
technical assistance service that will—
‘‘(1) support the administration and implementation of pro-
grams under this Act by providing information, including legal
and regulatory information, and technical guidance and
information, about best practices; and
H. R. 6—370
‘‘(2) be accessible to all States, local educational agencies,
schools, community-based organizations and others who are
recipients of funds under this Act.
‘‘TITLE XIV—GENERAL PROVISIONS
‘‘PART A—DEFINITIONS
‘‘SEC. 14101. DEFINITIONS.
‘‘Except as otherwise provided, for the purposes of this Act,
the following terms have the following meanings:
‘‘(1) AVERAGE DAILY ATTENDANCE.—(A) Except as provided
otherwise by State law or this paragraph, the term ‘average
daily attendance’ means—
‘‘(i) the aggregate number of days of attendance of
all students during a school year; divided by
‘‘(ii) the number of days school is in session during
such school year.
‘‘(B) The Secretary shall permit the conversion of average
daily membership (or other similar data) to average daily
attendance for local educational agencies in States that provide
State aid to local educational agencies on the basis of average
daily membership or such other data.
‘‘(C) If the local educational agency in which a child resides
makes a tuition or other payment for the free public education
of the child in a school located in another school district, the
Secretary shall, for purposes of this Act—
‘‘(i) consider the child to be in attendance at a school
of the agency making such payment; and
‘‘(ii) not consider the child to be in attendance at a
school of the agency receiving such payment.
‘‘(D) If a local educational agency makes a tuition payment
to a private school or to a public school of another local edu-
cational agency for a child with disabilities, as defined in section
602(a)(1) of the Individuals with Disabilities Education Act,
the Secretary shall, for the purposes of this Act, consider such
child to be in attendance at a school of the agency making
such payment.
‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘average
per-pupil expenditure’ means, in the case of a State or of
the United States—
‘‘(A) without regard to the source of funds—
‘‘(i) the aggregate current expenditures, during the
third fiscal year preceding the fiscal year for which
the determination is made (or, if satisfactory data for
that year are not available, during the most recent
preceding fiscal year for which satisfactory data are
available) of all local educational agencies in the State
or, in the case of the United States for all States
(which, for the purpose of this paragraph, means the
50 States and the District of Columbia); plus
‘‘(ii) any direct current expenditures by the State
for the operation of such agencies; divided by
‘‘(B) the aggregate number of children in average daily
attendance to whom such agencies provided free public
education during such preceding year.
H. R. 6—371
‘‘(3) CHILD.—The term ‘child’ means any person within
the age limits for which the State provides free public education.
‘‘(4) COMMUNITY-BASED ORGANIZATION.—The term ‘commu-
nity-based organization’ means a public or private nonprofit
organization of demonstrated effectiveness that—
‘‘(A) is representative of a community or significant
segments of a community; and
‘‘(B) provides educational or related services to individ-
uals in the community.
‘‘(5) CONSOLIDATED LOCAL APPLICATION.—The term ‘consoli-
dated local application’ means an application submitted by
a local educational agency pursuant to section 14302.
‘‘(6) CONSOLIDATED LOCAL PLAN.—The term ‘consolidated
local plan’ means a plan submitted by a local educational agency
pursuant to section 14302.
‘‘(7) CONSOLIDATED STATE APPLICATION.—The term ‘consoli-
dated State application’ means an application submitted by
a State educational agency pursuant to section 14302.
‘‘(8) CONSOLIDATED STATE PLAN.—The term ‘consolidated
State plan’ means a plan submitted by a State educational
agency pursuant to section 14302.
‘‘(9) COUNTY.—The term ‘county’ means one of the divisions
of a State used by the Secretary of Commerce in compiling
and reporting data regarding counties.
‘‘(10) COVERED
PROGRAM.—The term ‘covered program’
means each of the programs authorized by—
‘‘(A) part A of title I;
‘‘(B) part C of title I;
‘‘(C) title II (other than section 2103 and part C);
‘‘(D) subpart 2 of part A of title III;
‘‘(E) part A of title IV (other than section 4114); and
‘‘(F) title VI.
‘‘(11) The term ‘current expenditures’ means expenditures
for free public education—
‘‘(A) including expenditures for administration, instruc-
tion, attendance and health services, pupil transportation
services, operation and maintenance of plant, fixed charges,
and net expenditures to cover deficits for food services
and student body activities; but
‘‘(B) not including expenditures for community services,
capital outlay, and debt service, or any expenditures made
from funds received under title I and title VI.
‘‘(12) DEPARTMENT.—The term ‘Department’ means the
Department of Education.
‘‘(13) EDUCATIONAL
SERVICE
AGENCY.—The term ‘edu-
cational service agency’ means a regional public multiservice
agency authorized by State statute to develop, manage, and
provide services or programs to local educational agencies.
‘‘(14) ELEMENTARY SCHOOL.—The term ‘elementary school’
means a nonprofit institutional day or residential school that
provides elementary education, as determined under State law.
‘‘(15) FREE PUBLIC EDUCATION.—The term ‘free public edu-
cation’ means education that is provided—
‘‘(A) at public expense, under public supervision and
direction, and without tuition charge; and
‘‘(B) as elementary or secondary school education as
determined under applicable State law, except that such
H. R. 6—372
term does not include any education provided beyond grade
12.
‘‘(16) GIFTED AND TALENTED.—The term ‘gifted and tal-
ented’, when used with respect to students, children or youth,
means students, children or youth who give evidence of high
performance capability in areas such as intellectual, creative,
artistic, or leadership capacity, or in specific academic fields,
and who require services or activities not ordinarily provided
by the school in order to fully develop such capabilities.
‘‘(17) INSTITUTION
OF
HIGHER
EDUCATION.—The term
‘institution of higher education’ has the meaning given that
term in section 1201(a) of the Higher Education Act of 1965.
‘‘(18) LOCAL
EDUCATIONAL
AGENCY.—(A) The term ‘local
educational agency’ means a public board of education or other
public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision
of a State, or for such combination of school districts or counties
as are recognized in a State as an administrative agency for
its public elementary or secondary schools.
‘‘(B) The term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
‘‘(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent
that such inclusion makes such school eligible for programs
for which specific eligibility is not provided to such school
in another provision of law and such school does not have
a student population that is smaller than the student popu-
lation of the local educational agency receiving assistance under
this Act with the smallest student population, except that such
school shall not be subject to the jurisdiction of any State
educational agency other than the Bureau of Indian Affairs.
‘‘(19) MENTORING.—The term ‘mentoring’ means a program
in which an adult works with a child or youth on a
1-to-1 basis, establishing a supportive relationship, providing
academic assistance, and introducing the child or youth to
new experiences that enhance the child or youth’s ability to
excel in school and become a responsible citizen.
‘‘(20) OTHER STAFF.—The term ‘other staff’ means pupil
services personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
‘‘(21) OUTLYING AREA.—The term ‘outlying area’ means the
Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and for the purpose of section
1121 and any other discretionary grant program under this
Act, the Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
‘‘(22) PARENT.—The term ‘parent’ includes a legal guardian
or other person standing in loco parentis.
‘‘(23) PUBLIC TELECOMMUNICATION ENTITY.—The term ‘pub-
lic telecommunication entity’ has the same meaning given to
such term in section 397(12) of the Communications Act of
1934.
H. R. 6—373
‘‘(24) PUPIL SERVICES PERSONNEL; PUPIL SERVICES.—(A) The
term ‘pupil services personnel’ means school counselors, school
social workers, school psychologists, and other qualified profes-
sional personnel involved in providing assessment, diagnosis,
counseling, educational, therapeutic, and other necessary serv-
ices (including related services as such term is defined in section
602(a)(17) of the Individuals with Disabilities Education Act)
as part of a comprehensive program to meet student needs.
‘‘(B) The term ‘pupil services’ means the services provided
by pupil services personnel.
‘‘(25) SECONDARY
SCHOOL.—The term ‘secondary school’
means a nonprofit institutional day or residential school that
provides secondary education, as determined under State law,
except that such term does not include any education beyond
grade 12.
‘‘(26) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Education.
‘‘(27) STATE.—The term ‘State’ means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
and each of the outlying areas.
‘‘(28) STATE EDUCATIONAL AGENCY.—The term ‘State edu-
cational agency’ means the agency primarily responsible for
the State supervision of public elementary and secondary
schools.
‘‘(29) TECHNOLOGY.—The term ‘technology’ means the latest
state-of-the-art technology products and services, such as closed
circuit television systems, educational television or radio pro-
grams and services, cable television, satellite, copper fiber optic
transmission, computer hardware and software, video and audio
laser and CD–ROM disks, video and audio tapes, including
interactive forms of such products and services, or other tech-
nologies.
‘‘SEC. 14102. APPLICABILITY OF THIS TITLE.
‘‘Parts B, C, D, E, and F of this title do not apply to title
VIII of this Act.
‘‘SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPER-
ATED SCHOOLS.
‘‘For purposes of any competitive program under this Act, a
consortia of schools operated by the Bureau of Indian Affairs, a
school operated under a contract or grant with the Bureau of
Indian Affairs in consortia with another contract or grant school
or tribal or community organization, or a Bureau of Indian Affairs
school in consortia with an institution of higher education, a con-
tract or grant school and tribal or community organization shall
be given the same consideration as a local educational agency.
‘‘PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
‘‘SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency may consoli-
date the amounts specifically made available to such agency
for State administration under one or more of the programs
H. R. 6—374
specified under paragraph (2) if such State educational agency
can demonstrate that the majority of such agency’s resources
come from non-Federal sources.
‘‘(2) APPLICABILITY.—This section applies to programs
under title I, those covered programs described in subpara-
graphs (C), (D), (E), and (F) of section 14101(10), and adminis-
trative funds under section 308(c) of the Goals 2000: Educate
America Act.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency shall use
the amount available under this section for the administration
of the programs included in the consolidation under subsection
(a).
‘‘(2) ADDITIONAL USES.—A State educational agency may
also use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under the programs included in the consolidation
under subsection (a), such as—
‘‘(A) the coordination of such programs with other Fed-
eral and non-Federal programs;
‘‘(B) the establishment and operation of peer-review
mechanisms under this Act;
‘‘(C) the administration of this title;
‘‘(D) the dissemination of information regarding model
programs and practices; and
‘‘(E) technical assistance under programs specified in
subsection (a)(2).
‘‘(c) RECORDS.—A State educational agency that consolidates
administrative funds under this section shall not be required to
keep separate records, by individual program, to account for costs
relating to the administration of programs included in the consolida-
tion under subsection (a).
‘‘(d) REVIEW.—To determine the effectiveness of State adminis-
tration under this section, the Secretary may periodically review
the performance of State educational agencies in using consolidated
administrative funds under this section and take such steps as
the Secretary finds appropriate to ensure the effectiveness of such
administration.
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational
agency does not use all of the funds available to such agency
under this section for administration, such agency may use such
funds during the applicable period of availability as funds available
under one or more programs included in the consolidation under
subsection (a).
‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT
DEVELOPMENT.—In order to develop challenging State standards
and assessments, a State educational agency may consolidate the
amounts made available to such agency for such purposes under
title I of this Act and title III of the Goals 2000: Educate America
Act.
‘‘SEC. 14202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
‘‘A State educational agency that also serves as a local edu-
cational agency, in such agency’s applications or plans under this
Act, shall describe how such agency will eliminate duplication in
the conduct of administrative functions.
H. R. 6—375
‘‘SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
‘‘(a) GENERAL AUTHORITY.—In accordance with regulations of
the Secretary, a local educational agency, with the approval of
its State educational agency, may consolidate and use for the
administration of one or more covered programs for any fiscal
year not more than the percentage, established in each covered
program, of the total amount available to the local educational
agency under such covered programs.
‘‘(b) STATE PROCEDURES.—Within one year from the date of
enactment of the Improving America’s Schools Act of 1994, a State
educational agency shall, in collaboration with local educational
agencies in the State, establish procedures for responding to
requests from local educational agencies to consolidate administra-
tive funds under subsection (a) and for establishing limitations
on the amount of funds under covered programs that may be
used for administration on a consolidated basis.
‘‘(c) CONDITIONS.—A local educational agency that consolidates
administrative funds under this section for any fiscal year shall
not use any other funds under the programs included in the consoli-
dation for administration for that fiscal year.
‘‘(d) USES
OF ADMINISTRATIVE FUNDS.—A local educational
agency that consolidates administrative funds under this section
may use such consolidated funds for the administration of covered
programs and for the uses described in section 14201(b)(2).
‘‘(e) RECORDS.—A local educational agency that consolidates
administrative funds under this section shall not be required to
keep separate records, by individual covered program, to account
for costs relating to the administration of covered programs included
in the consolidation.
‘‘SEC. 14204. ADMINISTRATIVE FUNDS STUDIES.
‘‘(a) FEDERAL FUNDS STUDY.—
‘‘(1) IN
GENERAL.—The Secretary shall conduct a study
of the use of funds under this Act for the administration,
by State and local educational agencies, of all covered programs,
including the percentage of grant funds used for such purpose
in all covered programs.
‘‘(2) STATE DATA.—Beginning in fiscal year 1995 and each
succeeding fiscal year thereafter, each State educational agency
which receives funds under title I shall submit to the Secretary
a report on the use of title I funds for the State administration
of activities assisted under title I. Such report shall include
the proportion of State administrative funds provided under
section 1603 that are expended for—
‘‘(A) basic program operation and compliance monitor-
ing;
‘‘(B) statewide program services such as development
of standards and assessments, curriculum development,
and program evaluation; and
‘‘(C) technical assistance and other direct support to
local educational agencies and schools.
‘‘(3) FEDERAL FUNDS REPORT.—The Secretary shall complete
the study conducted under this section not later than July
1, 1997, and shall submit to the President and the appropriate
committees of the Congress a report regarding such study
within 30 days of the completion of such study.
H. R. 6—376
‘‘(4) RESULTS.—Based on the results of the study described
in subsection (a)(1), which may include collection and analysis
of the data under paragraph (2) and section 410(b) of the
Improving America’s Schools Act of 1994, the Secretary shall—
‘‘(A) develop a definition of what types of activities
constitute the administration of programs under this Act
by State and local educational agencies; and
‘‘(B) within one year of the completion of such study,
promulgate final regulations or guidelines regarding the
use of funds for administration under all programs, includ-
ing the use of such funds on a consolidated basis and
limitations on the amount of such funds that may be used
for administration where such limitation is not otherwise
specified in law.
‘‘(b) GENERAL ADMINISTRATIVE FUNDS STUDY AND REPORT.—
Upon the date of completion of the pilot model data system described
in section 410(b) of the Improving America’s Schools Act of 1994,
the Secretary shall study the information obtained through the
use of such data system and other relevant information, as well
as any other data systems which are in use on such date that
account for administrative expenses at the school, local educational
agency, and State educational agency level, and shall report to
the Congress not later than July 1, 1997, regarding—
‘‘(1) the potential for the reduction of administrative
expenses at the school, local educational agency, and State
educational agency levels;
‘‘(2) the potential usefulness of such data system to reduce
such administrative expenses;
‘‘(3) any other methods which may be employed by schools,
local educational agencies or State educational agencies to
reduce administrative expenses and maximize the use of funds
for functions directly affecting student learning; and
‘‘(4) if appropriate, steps which may be taken to assist
schools, local educational agencies and State educational agen-
cies to account for and reduce administrative expenses.
‘‘SEC. 14205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE
INTERIOR FUNDS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) TRANSFER.—The Secretary shall transfer to the Depart-
ment of the Interior, as a consolidated amount for covered
programs, the Indian education programs under part A of title
IX of this Act, and the education for homeless children and
youth program under subtitle B of title VII of the Stewart
B. McKinney Homeless Assistance Act, the amounts allotted
to the Department of the Interior under those programs.
‘‘(2) AGREEMENT.—(A) The Secretary and the Secretary of
the Interior shall enter into an agreement, consistent with
the requirements of the programs specified in paragraph (1),
for the distribution and use of those program funds under
terms that the Secretary determines best meet the purposes
of those programs.
‘‘(B) The agreement shall—
‘‘(i) set forth the plans of the Secretary of the Interior
for the use of the amount transferred, the steps to be
taken to achieve the National Education Goals, and
H. R. 6—377
performance measures to assess program effectiveness,
including measurable goals and objectives; and
‘‘(ii) be developed in consultation with Indian tribes.
‘‘(b) ADMINISTRATION.—The Department of the Interior may
use not more than 1.5 percent of the funds consolidated under
this section for such department’s costs related to the administra-
tion of the funds transferred under this section.
‘‘SEC. 14206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
‘‘(a) UNNEEDED PROGRAM FUNDS.—With the approval of its
State educational agency, a local educational agency that deter-
mines for any fiscal year that funds under a covered program
(other than part A of title I) are not needed for the purpose of
that covered program, may use such funds, not to exceed five
percent of the total amount of such local educational agency’s funds
under that covered program, for the purpose of another covered
program.
‘‘(b) COORDINATION OF SERVICES.—A local educational agency,
individual school, or consortium of schools may use a total of not
more than five percent of the funds such agency, school, or consor-
tium, respectively, receives under this Act for the establishment
and implementation of a coordinated services project in accordance
with the requirements of title XI of this Act.
‘‘PART 
C—COORDINATION 
OF 
PROGRAMS;
CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
‘‘SEC. 14301. PURPOSE.
‘‘It is the purpose of this part to improve teaching and learning
by encouraging greater cross-program coordination, planning, and
service delivery under this Act and enhanced integration of pro-
grams under this Act with educational activities carried out with
State and local funds.
‘‘SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICA-
TIONS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) SIMPLIFICATION.—In order to simplify application
requirements and reduce the burden for State educational agen-
cies under this Act, the Secretary, in accordance with subsection
(b), shall establish procedures and criteria under which a State
educational agency may submit a consolidated State plan or
a consolidated State application meeting the requirements of
this section for—
‘‘(A) each of the covered programs in which the State
participates; and
‘‘(B) the additional programs described in paragraph
(2).
‘‘(2) ADDITIONAL PROGRAMS.—A State educational agency
may also include in its consolidated State plan or consolidated
State application—
‘‘(A) the Even Start program under part B of title
I;
‘‘(B) the Prevention and Intervention Programs for
Youth Who Are Neglected, Delinquent, or At-Risk of Drop-
ping Out under part D of title I;