into the curriculum in order to im-
prove student learning and achieve-
ment;
‘‘(IV) the use of advanced tele-
communications and distance learning
networks to offer professional develop-
ment through peer interaction with
experts as well as other teachers using
technologies in their classrooms; and
‘‘(V) mobile education technology
and training resources;
‘‘(B) identify and link technical assistance
providers to State and local educational agen-
cies, as needed;
‘‘(C) ensure that training, professional de-
velopment, and technical assistance meet the
needs of educators, parents, and students
served by the region;
‘‘(D) assist colleges and universities within
the region to develop and implement preservice
training programs for students enrolled in
teacher education programs; and
‘‘(E) assist local educational agencies and
schools in working with community members
and parents to increase the involvement and
support of communities and parents for edu-
cational technology programs and projects.
‘‘(3) INFORMATION AND RESOURCE DISSEMINA-
TION.—Each consortium receiving an award under
this subpart shall, to the extent practicable—
‘‘(A) maintain, or contribute to, a nation-
ally accessible repository that contains informa-
tion about effective uses of educational tech-
nology, including for sustained and intensive,
high-quality professional development, and dis-
seminate that information nationwide;
‘‘(B) assist State and local educational
agencies in the identification and procurement
of financial, technological and human resources
needed to implement technology plans; and
‘‘(C) provide outreach and, at the request
of a State or local educational agency, work
with such agency to assist in the development
and validation of instructionally based tech-
nology education resources.
‘‘(4) COLLABORATION
AND
COORDINATION.—
Each consortium receiving an award under this sub-
part shall—
‘‘(A) collaborate, and coordinate the serv-
ices that it provides, with appropriate regional
and other entities assisted in whole or in part
by the Department;
‘‘(B) coordinate activities and establish
partnerships with organizations and institutions
of higher education that represent the interests
of the region regarding the application of tech-
nology to teaching, learning, instructional man-
agement, dissemination, the collection and dis-
tribution of educational statistics, and the
transfer of student information; and
‘‘(C) collaborate with the Department and
recipients of funding under other technology
programs of the Department, particularly the
Technology Literacy Challenge Fund under
subpart 1 of part B and the Next-Generation
Technology Innovation Awards program under
subpart 2 of part B, to assist the Department
and those recipients as requested by the Sec-
retary.
‘‘Subpart 2—Community Technology Centers
‘‘SEC. 3621. PURPOSE; PROGRAM AUTHORITY.
‘‘(a) PURPOSE.—It is the purpose of this subpart to
assist eligible applicants to—
‘‘(1) create or expand community technology
centers that will provide disadvantaged residents of
economically distressed urban and rural communities
with access to information technology and related
training; and
‘‘(2) provide technical assistance and support to
community technology centers.
‘‘(b) PROGRAM AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary is author-
ized, through the Office of Educational Technology,
to award grants, contracts, or cooperative agree-
ments on a competitive basis to eligible applicants in
order to assist them in—
‘‘(A) creating or expanding community
technology centers; or
‘‘(B) providing technical assistance and
support to community technology centers.
‘‘(2) PERIOD OF AWARD.—The Secretary may
award grants, contracts, or cooperative agreements
under this subpart for a period of not more than 3
years.
‘‘SEC. 3622. ELIGIBILITY AND APPLICATION REQUIRE-
MENTS.
‘‘(a) ELIGIBLE APPLICANTS.—In order to be eligible
to receive an award under this subpart, an applicant
shall—
‘‘(1) have the capacity to expand significantly
access to computers and related services for dis-
advantaged residents of economically distressed
urban and rural communities (who would otherwise
be denied such access); and
‘‘(2) be—
‘‘(A) an entity such as a foundation, mu-
seum, library, for-profit business, public or pri-
vate nonprofit organization, or community-
based organization;
‘‘(B) an institution of higher education;
‘‘(C) a State educational agency;
‘‘(D) a local educational agency; or
‘‘(E) a consortium of entities described in
subparagraphs (A), (B), (C), or (D).
‘‘(b) APPLICATION REQUIREMENTS.—In order to re-
ceive an award under this subpart, an eligible applicant
shall submit an application to the Secretary at such time,
and containing such information, as the Secretary may re-
quire. Such application shall include—
‘‘(1) a description of the proposed project, in-
cluding a description of the magnitude of the need
for the services and how the project would expand
access to information technology and related services
to disadvantaged residents of an economically dis-
tressed urban or rural community;
‘‘(2) a demonstration of—
‘‘(A) the commitment, including the finan-
cial commitment, of entities such as institu-
tions, organizations, business and other groups
in the community that will provide support for
the creation, expansion, and continuation of the
proposed project; and
‘‘(B) the extent to which the proposed
project establishes linkages with other appro-
priate agencies, efforts, and organizations pro-
viding services to disadvantaged residents of an
economically distressed urban or rural commu-
nity;
‘‘(3) a description of how the proposed project
would be sustained once the Federal funds awarded
under this subpart end; and
‘‘(4) a plan for the evaluation of the program,
which shall include benchmarks to monitor progress
toward specific project objectives.
‘‘(c) 
MATCHING
REQUIREMENTS.—The 
Federal
share of the cost of any project funded under this subpart
shall not exceed 50 percent. The non-Federal share of
such project may be in cash or in kind, fairly evaluated,
including services.
‘‘SEC. 3623. USES OF FUNDS.
‘‘(a) REQUIRED USES.—A recipient shall use funds
under this subpart for—
‘‘(1) creating or expanding community tech-
nology centers that expand access to information
technology and related training for disadvantaged
residents of distressed urban or rural communities;
and
‘‘(2) evaluating the effectiveness of the project.
‘‘(b) PERMISSIBLE USES.—A recipient may use funds
under this subpart for activities, described in its applica-
tion, that carry out the purposes of this subpart, such
as—
‘‘(1) supporting a center coordinator, and staff,
to supervise instruction and build community part-
nerships;
‘‘(2) acquiring equipment, networking capabili-
ties, and infrastructure to carry out the project;
‘‘(3) developing and providing services and ac-
tivities for community residents that provide access
to computers, information technology, and the use of
such technology in support of pre-school preparation,
academic achievement, lifelong learning, and work-
force development, such as the following:
‘‘(A) After-school activities in which chil-
dren and youths use software that provides aca-
demic enrichment and assistance with home-
work, develop their technical skills, explore the
Internet, and participate in multimedia activi-
ties, including web page design and creation.
‘‘(B) Adult education and family literacy
activities through technology and the Internet,
including—
‘‘(i) general education development,
English as a second language, and adult
basic education classes or programs;
‘‘(ii) introduction to computers;
‘‘(iii) intergenerational activities; and
‘‘(iv) lifelong learning opportunities.
‘‘(C) Career development and job prepara-
tion activities, such as—
‘‘(i) training in basic and advanced
computer skills;
‘‘(ii) resume writing workshops; and
‘‘(iii) access to databases of employ-
ment opportunities, career information,
and other online materials.
‘‘(D) Small business activities, such as—
‘‘(i) computer-based training for basic
entrepreneurial skills and electronic com-
merce; and
‘‘(ii) access to information on business
start-up programs that is available online,
or from other sources.
‘‘(E) Activities that provide home access to
computers and technology, such as assistance
and services to promote the acquisition, instal-
lation, and use of information technology in the
home through low-cost solutions such as
networked computers, web-based television de-
vices, and other technology.
‘‘Subpart 3—Ready-To-Learn Digital Television
‘‘SEC. 3631. READY-TO-LEARN.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to or enter into contracts or cooperative
agreements with—
‘‘(1) eligible entities described in section
3632(b) to develop, produce, and distribute edu-
cational and instructional video programming for
preschool and elementary school children and their
parents in order to facilitate the achievement of
America’s Education Goals; and
‘‘(2) eligible entities described in section
3633(1) to carry out special projects of national sig-
nificance program.
‘‘(b) AVAILABILITY.—In making such grants, con-
tracts, or cooperative agreements, the Secretary shall en-
sure that recipients make programming widely available
with support materials as appropriate to young children,
their parents, child care workers, and Head Start pro-
viders to increase the effective use of such programming.
‘‘SEC. 3632. EDUCATIONAL PROGRAMMING.
‘‘(a) AWARDS.—From funds appropriated under sec-
tion 3005(f)(3) for each fiscal year, the Secretary shall
award grants, contracts, or cooperative agreements to eli-
gible entities to—
‘‘(1) facilitate the development, directly or
through contracts with producers of children’s and
family educational television programming, of edu-
cational programming for preschool and elementary
school children, and accompanying support materials
and services that promote the effective use of such
programming; and
‘‘(2) enable such entities to contract with enti-
ties such as public telecommunications entities, so
that programs developed under this section are dis-
seminated and distributed to the widest possible au-
dience appropriate to be served by the programming
by the most appropriate distribution technologies.
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive
a grant, contract, or cooperative agreement under sub-
section (a), an entity shall be—
‘‘(1) a nonprofit entity (including a public tele-
communications entity) able to demonstrate a capac-
ity for the development and distribution of edu-
cational and instructional television programming of
high quality for preschool and elementary school
children; and
‘‘(2) able to demonstrate a capacity to contract
with the producers of children’s television program-
ming for the purpose of developing educational tele-
vision programming of high quality for preschool
and elementary school children.
‘‘(c) CULTURAL EXPERIENCES.—Programming de-
veloped under this section shall reflect the recognition of
diverse cultural experiences and the needs and experiences
of both boys and girls in engaging and preparing young
children for schooling.
‘‘SEC. 3633. SPECIAL PROJECTS OF NATIONAL SIGNIFI-
CANCE.
The Secretary is authorized—
‘‘(1) to establish and administer a Special
Projects of National Significance program to award
grants, contracts, or cooperative agreements to pub-
lic and nonprofit private entities, or local public tele-
vision stations or such public television stations that
are part of a consortium with one or more State
educational agencies, local educational agencies, local
schools, institutions of higher education, or commu-
nity-based organizations of demonstrated effective-
ness, for the purpose of—
‘‘(A) addressing the learning needs of
young children in limited English proficient
households, and developing appropriate edu-
cational and instructional television program-
ming to foster the school readiness of such chil-
dren;
‘‘(B) developing programming and support
materials to increase family literacy skills
among parents to assist parents in teaching
their children and utilizing educational tele-
vision programming to promote school readi-
ness; and
‘‘(C) identifying, supporting, and enhanc-
ing the effective use and outreach of innovative
programs that promote school readiness;
‘‘(2) to establish within the Department a clear-
inghouse to compile and provide information, refer-
rals and model program materials and programming
obtained or developed under this subpart to parents,
child care providers, and other appropriate individ-
uals or entities to assist such individuals and entities
in accessing programs and projects under this sub-
part;
‘‘(3) to develop and disseminate training mate-
rials, including—
‘‘(A) interactive programs and programs
adaptable to distance learning technologies that
are designed to enhance knowledge of childrens
social and cognitive skill development and posi-
tive adult-child interactions; and
‘‘(B) support materials to promote the ef-
fective use of materials developed under para-
graph (1) among parents, Head Start pro-
viders, in-home and center based day care pro-
viders, early childhood development personnel,
and elementary school teachers, public libraries,
and after school program personnel caring for
preschool and elementary school children; and
‘‘(4) coordinate activities with the Secretary of
Health and Human Services in order to—
‘‘(A) maximize the utilization of quality
educational programming by preschool and ele-
mentary school children, and make such pro-
gramming widely available to federally funded
programs serving such populations; and
‘‘(B) provide information to recipients of
funds under Federal programs that have major
training components for early childhood devel-
opment, including Head Start, Even Start, and
State training activities funded under the Child
Care Development Block Grant Act of 1990, re-
garding the availability and utilization of mate-
rials developed under paragraph (3) to enhance
parent and child care provider skills in early
childhood development and education.
‘‘SEC. 3634. APPLICATIONS.
Each eligible entity desiring a grant, contract, or co-
operative agreement under section 3632 shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may rea-
sonably require.
‘‘SEC. 3635. REPORTS AND EVALUATION.
‘‘(a) ANNUAL REPORT TO SECRETARY.—An entity
receiving funds under this subpart shall prepare and sub-
mit to the Secretary an annual report which contains such
information as the Secretary may require. At a minimum,
the report shall describe the program activities undertaken
with funds received under this subpart, including—
‘‘(1) the programming that has been developed
directly or indirectly by the entity, and the target
population of the programs developed;
‘‘(2) the support materials that have been de-
veloped to accompany the programming, and the
method by which such materials are distributed to
consumers and users of the programming;
‘‘(3) the means by which programming devel-
oped under this section has been distributed, includ-
ing the distance learning technologies that have been
utilized to make programming available and the geo-
graphic distribution achieved through such tech-
nologies; and
‘‘(4) the initiatives undertaken by the entity to
develop public-private partnerships to secure non-
Federal support for the development and distribu-
tion and broadcast of educational and instructional
programming.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall
prepare and submit to the relevant committees of Con-
gress a biannual report which includes—
‘‘(1) a summary of the information made avail-
able under subsection (a); and
‘‘(2) a description of the training materials
made available under section 3633(3), the manner in
which outreach has been conducted to inform par-
ents and child care providers of the availability of
such materials, and the manner in which such mate-
rials have been distributed in accordance with such
section.
‘‘SEC. 3636. ADMINISTRATIVE COSTS.
With respect to the implementation of section 3632,
entities receiving a grant, contract, or cooperative agree-
ment from the Secretary may use not more than 5 percent
of the amounts received under such section for the normal
and customary expenses of administering the grant, con-
tract, or cooperative agreement.
‘‘SEC. 3637. DEFINITION.
For the purposes of this subpart, the term distance
learning means the transmission of educational or instruc-
tional programming to geographically dispersed individ-
uals and groups via telecommunications.
100
‘‘Subpart 4—Telecommunications Project for
Mathematics
‘‘SEC. 3641. PROJECT AUTHORIZED.
The Secretary is authorized to make grants to a non-
profit telecommunications entity, or partnership of such
entities, for the purpose of carrying out a national tele-
communications-based project to improve the teaching of
mathematics. The project authorized by this subpart shall
be designed to assist elementary and secondary school
teachers in preparing all students for achieving State con-
tent standards.
‘‘SEC. 3642. APPLICATION REQUIRED.
‘‘(a) IN GENERAL.—Each nonprofit telecommuni-
cations entity, or partnership of such entities, desiring a
grant under this subpart shall submit an application to
the Secretary. Each such application shall—
‘‘(1) demonstrate that the applicant will use the
existing publicly funded telecommunications infra-
structure to deliver video, voice and data in an inte-
grated service and to include digital libraries, school
networks, and delivery of web-based resources to
train teachers in the use of new standards-based
curricula materials and learning technologies;
‘‘(2) assure that the project for which assist-
ance is sought will be conducted in cooperation with
appropriate State educational agencies, local edu-
101
cational agencies, State or local nonprofit public
telecommunications entities, and a national mathe-
matics education professional association that has
developed content standards;
‘‘(3) assure that a significant portion of the
benefits available for elementary and secondary
schools from the project for which assistance is
sought will be available to schools of local edu-
cational agencies which have a high percentage of
children counted for the purpose of part A of title
I; and
‘‘(4) contain such additional assurances and in-
formation as the Secretary may reasonably require.
‘‘(b) APPROVAL
OF APPLICATIONS; NUMBER
OF
SITES.—In approving applications under this section, the
Secretary shall ensure that the project authorized by this
subpart is conducted at elementary and secondary school
sites in at least 15 States.
‘‘Subpart 5—Future Math and Science Teacher
Recruitment
‘‘SEC. 3651. FINDINGS.
‘‘Congress finds the following:
‘‘(1) United States high school students rate
16th and 19th, respectively, in science and math out
of 21 countries.
102
‘‘(2) Of United States high school students who
take physical science and math courses, 56 percent
and 27 percent, respectively, are taught by teachers
who did not prepare in that field.
‘‘(3) Teachers’ knowledge and skills powerfully
influence student learning.
‘‘(4) More than 2,000,000 teachers will need to
be hired over the next decade.
‘‘(5) The ability of the United States to place
highly qualified math and science teachers special-
izing in their field of instruction will depend on
proactive policies that increase funding for teacher
training, recruitment, and induction.
‘‘SEC. 3652. PURPOSE.
‘‘It is the purpose of this subpart to make grants
available, through a pilot program, to eligible institutions
described in section 3653, to enable such institutions to
provide 500 scholarship awards to outstanding students
enrolled in an accredited teacher training graduate pro-
gram who are committed to pursuing careers teaching
math and science at an urban or rural secondary level
classroom.
103
‘‘SEC. 3653. SCHOLARSHIP DESIGNATION AND SELECTION
CRITERIA.
‘‘(a) SCHOLARSHIP
DESIGNATION.—Funds made
available under this subpart shall be designated as the
‘National Math and Science Teacher Scholarships’.
‘‘(b) SELECTION CRITERIA.—(1) The Secretary of
Education may award funds for National Math and
Science Teacher Scholarships on a competitive basis to in-
stitutions of higher education that meet the requirements
of paragraph (2) and have graduate programs in teacher
training. The Secretary may not provide any individual in-
stitution of higher education more than $100,000 per aca-
demic year for the purpose of the National Math and
Science Teacher Scholarships.
‘‘(2) An institution applying for such scholarships
may only be eligible to receive funds if such institution
is in full compliance with the reporting requirements of
section 207(f) of the Higher Education Act of 1965 and
has not been identified as low performing under section
208 of such Act.
‘‘(c) PRIORITIES.—The Secretary shall give priority
to eligible institutions that meet 1 or more of the following
criteria:
‘‘(1) Provide a year long graduate level intern-
ship program in a professional development school.
104
‘‘(2) Provide mentoring programs for novice
teachers in their first 3 years.
‘‘(3) Demonstrate a history of placing grad-
uates in rural and urban schools.
‘‘(4) Demonstrate that there is a high retention
rate of teachers that the institution places in teach-
ing positions.
‘‘SEC. 3654. INDIVIDUAL SCHOLARSHIP ELIGIBILITY.
‘‘An individual may be eligible for a National Math
and Science Teacher Scholarship only if such individual—
‘‘(1) is a citizen or national of the United
States or an alien lawfully admitted to the United
States for permanent residence;
‘‘(2) is majoring in a physical or life science or
mathematics graduate teacher training program;
‘‘(3) is enrolled in an institution of higher edu-
cation that—
‘‘(A) is ranked by the Secretary in the top
25 percent of schools in the State in which the
institution is located with the highest percent-
age of graduates passing the State teacher
qualification assessment for new teachers; or
‘‘(B) if there are fewer than 4 such institu-
tions in a State, is the institution with the high-
est percentage of such graduates; and
105
‘‘(4) agrees to teach math or science in a rural
or urban public secondary school for no less than 3
full academic years.
‘‘SEC. 3655. SCHOLARSHIP AMOUNT.
‘‘(a) AMOUNT OF AWARD.—
‘‘(1) IN GENERAL.—The amount of a scholar-
ship awarded by a participating teacher training
graduate program under this subpart for any aca-
demic year shall be $10,000 per student, except that
in no case shall the total amount of the scholarship
for any academic year exceed the total cost of at-
tendance as defined in section 472 of the Higher
Education Act of 1965.
‘‘(2) INSUFFICIENT FUNDS.—In any fiscal year
in which the amount appropriated to carry out this
subpart is insufficient to award 500 scholarships,
the Secretary shall reduce the number of awards to
eligible institutions.
‘‘(b) RELATIONSHIP
TO OTHER ASSISTANCE.—A
scholarship awarded under this subpart shall not be re-
duced on the basis of the student’s receipt of other forms
of Federal student financial assistance.
106
‘‘SEC. 3656. AGREEMENT; SCHOLARSHIP REPAYMENT PRO-
VISIONS.
‘‘(a) AGREEMENT.—Each National Math and Science
Teachers Scholar shall agree to teach mathematics of
science in an urban or rural public secondary school for
no less than 3 full academic years.
‘‘(b) REPAYMENT
FOR
FAILURE
TO
FULFILL
AGREEMENT.—Any recipient of a Scholarship found by
the Secretary to be in noncompliance with the agreement
entered into under subsection (a) of this section shall be
required to repay a pro rata amount of the scholarship
awards received, plus interest and, where applicable, rea-
sonable collection fees, on a schedule and at a rate of in-
terest prescribed by the Secretary by regulations.
‘‘SEC. 3657. EXCEPTIONS TO REPAYMENT PROVISIONS.
‘‘An individual recipient of a Scholarship under this
subpart shall not be considered in violation of the agree-
ment entered into pursuant to section 3656 during any
period in which the recipient—
‘‘(1) is pursuing a full-time course of study in
math or science at an accredited institution;
‘‘(2) is serving, not in excess of 3 years, as a
member of the armed services of the United States;
‘‘(3) is temporarily disabled for a period of time
not to exceed 3 years as established by sworn affi-
davit of a qualified physician;
107
‘‘(4) is seeking and unable to find full-time em-
ployment for a single period not to exceed 12
months;
‘‘(5) is seeking and unable to find full-time em-
ployment as a math or science teacher in a public
elementary or secondary school or education pro-
gram for a single period not to exceed 27 months;
‘‘(6) satisfies the provision of additional repay-
ment exceptions that may be prescribed by the Sec-
retary in regulations issued pursuant to this section;
or
‘‘(7) is permanently and totally disabled, as es-
tablished by sworn affidavit of a qualified physician.
‘‘SEC. 3658. REPORT TO CONGRESS.
‘‘Three years after the date on which funds are first
made available to carry out this subpart, the Secretary
shall submit a report to Congress evaluating the success
of the National Math and Science Teacher Scholarships
pilot program in recruiting math and science teachers to
teach in America’s public secondary schools.’’.
SEC. 5. SAFE AND DRUG FREE SCHOOLS AND COMMU-
NITIES.
Title IV of the Act is amended to read as follows:
108
‘‘TITLE 
IV—SAFE 
AND 
DRUG-
FREE SCHOOLS AND COMMU-
NITIES
‘‘SEC. 4001. SHORT TITLE.
This title may be cited as the ‘Safe and Drug-Free
Schools and Communities Act’.
‘‘SEC. 4002. FINDINGS.
The Congress finds that:
‘‘(1) Safe and Drug-Free Schools and Commu-
nities Programs support achievement of Goal One of
the National Drug Control Strategy—to educate and
enable America’s youth to reject illegal drugs, as
well as alcohol and tobacco; and Goal Seven of
America’s Education Goals—that every school in the
United States will be free of drugs, violence, and the
unauthorized presence of firearms and alcohol.
‘‘(2) It is essential for schools to provide a
drug-free, safe, and orderly learning environment for
all students, if all students are to live healthy lives
and achieve to high academic standards.
‘‘(3) Student drug use and school violence are
serious educational and public health concerns.
‘‘(4) Safe and Drug-Free Schools and Commu-
nities programs are most likely to be effective when
they are based on a thorough assessment of objective
109
data about the drug and violence problems in schools
and communities, are designed to meet measurable
goals and objectives, are based on sound research or
evaluation findings, and are evaluated regularly and
held accountable for results.
‘‘(5) Safe and Drug-Free Schools and Commu-
nities program resources should be targeted at the
local level to projects in areas that demonstrate need
for the funds, have developed the best strategic
plans for using the funds, and are committed to
being accountable for results.
‘‘(6) Lifelong physical activity contributes to
students’ well-being and, consistent with the second
of America’s Education Goals, it is appropriate for
the Federal government to help strengthen State
and local efforts in this area.
‘‘(7) Alternative education, for children who
have been suspended or expelled from school, is vital
to improving the safety of schools and communities,
and ensuring continued educational opportunity.
‘‘SEC. 4003. PURPOSE.
The purpose of this title is to support programs that
prevent violence in and around schools and the illegal use
of alcohol, tobacco, and drugs; involve parents; and are
coordinated with related Federal, State, and community
110
efforts and resources, through the provision of Federal as-
sistance to—
‘‘(1) States for grants to local educational agen-
cies and educational service agencies and consortia
of such agencies to establish, operate, and improve
local programs of school drug and violence preven-
tion, early intervention, rehabilitation referral, and
education in elementary and secondary schools (in-
cluding intermediate and junior high schools);
‘‘(2) States for grants to, and contracts with,
community-based organizations and other public and
private nonprofit agencies and organizations for pro-
grams of drug and violence prevention, early inter-
vention, rehabilitation referral, and education;
‘‘(3) States for development, training, technical
assistance, and coordination activities;
‘‘(4) public and private nonprofit organizations
to conduct training, demonstrations, and evaluation,
and to provide supplementary services for the pre-
vention of drug use and violence among students
and youth; and
‘‘(5) institutions of higher education to estab-
lish, operate, expand, and improve programs of
school drug and violence prevention, education, and
111
rehabilitation referral for students enrolled in col-
leges and universities.
‘‘SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated—
‘‘(1) $500,000,000 for fiscal year 2001, and
such sums as may be necessary for each of the four
succeeding fiscal years, for State grants under sub-
part 1 of part A;
‘‘(2) $200,000,000 for fiscal year 2001, and
such sums as may be necessary for each of the four
succeeding fiscal years, for national programs under
subpart 2 of part A;
‘‘(3) $25,000,000 for fiscal year 2001, and such
sums as may be necessary for each of the four suc-
ceeding fiscal years, to carry out part B related to
Comprehensive 
Prevention 
Technical 
Assistance
Grants;
‘‘(4) $200,000,000 for fiscal year 2001, and
such sums as may be necessary for each of the four
succeeding fiscal years to carry out part C related
to Alternative Education;
‘‘(5) $1,300,000,000 for fiscal year 2001; and
such sums as may be necessary for the four subse-
quent fiscal years to carry out part D related to Re-
serve Staff for Students; and
112
‘‘(6) $10,000,000 for fiscal year 2001, and such sums
as may be necessary for each of the four succeeding fiscal
years to carry out part E, related to Project Service.
‘‘PART A—STATE GRANTS FOR DRUG AND
VIOLENCE PREVENTION PROGRAMS
‘‘Subpart 1—State Grants for Drug and Violence
Prevention Programs
‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—From the amount made avail-
able under section 4004(1) to carry out this subpart for
each fiscal year, the Secretary—
‘‘(1) shall reserve 1 percent of such amount for
grants under this subpart to Guam, American
Samoa, the Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, to be allotted in
accordance with the Secretary’s determination of
their respective needs;
‘‘(2) shall reserve 1 percent of such amount for
the Secretary of the Interior to carry out programs
under this part for Indian youth;
‘‘(3) may reserve not more than $2,000,000 for
the national evaluation activities required by section
4117(a); and
113
‘‘(4) shall reserve 0.2 percent of such amount
for programs for Native Hawaiians under section
4118.
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall, for each fiscal year,
allocate among the States—
‘‘(A) 1⁄2 of the remainder not reserved
under subsection (a) according to the ratio be-
tween the school-aged population of each State
and the school-aged population of all the States;
and
‘‘(B) 1⁄2 of such remainder according to
the ratio between the amount each State re-
ceived under part A of title I for the preceding
year and the sum of such amounts received by
all the States.
‘‘(2) MINIMUM.—For any fiscal year, no State
shall be allotted under this subsection an amount
that is less than 1⁄2 of 1 percent of the total amount
allotted to all the States under this subsection.
‘‘(3) 
REALLOTMENT.—The 
Secretary 
may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within 2 years of such allotment.
114
Such reallotments shall be made on the same basis
as allotments are made under paragraph (1).
‘‘(4) DEFINITIONS.—For the purpose of this
subsection—
‘‘(A) the term ‘State’ means each of the 50
States, the District of Columbia, and the Com-
monwealth of Puerto Rico; and
‘‘(B) the term ‘local educational agency’
includes educational service agencies and con-
sortia of such agencies.
‘‘SEC. 4112. STATE APPLICATION.
‘‘(a) STATE APPLICATION.—In order to receive an al-
lotment under section 4111(b) for any fiscal year, a State
shall submit to the Secretary, at such time and in such
manner as the Secretary may require, a 5-year application
that—
‘‘(1) is submitted jointly by the Governor and
the State educational agency of the State;
‘‘(2) contains a description of how funds under
this part will be coordinated with other programs
under this Act and with other Federal education and
drug prevention programs;
‘‘(3) contains a comprehensive plan for the use
of funds by the State educational agency and the
115
Governor to provide safe, orderly, and drug-free
school environments that includes—
‘‘(A) the results of the State’s needs as-
sessment for drug and violence-prevention pro-
grams, which shall be based on the results of
ongoing State evaluation activities and include
data on the prevalence of drug use and violence
by youth in schools and communities in the
State;
‘‘(B) a list of the State’s results-based per-
formance measures for drug and violence pre-
vention, which shall—
‘‘(i) be focused on student behavior
and attitudes and derived from the needs
assessment;
‘‘(ii) be selected from a core set of in-
dicators that the Secretary shall develop in
consultation with State and local officials;
‘‘(iii) include targets and due dates
for the attainment of these indicators;
‘‘(iv) include a description of the pro-
cedures the State will use to inform local
educational agencies of the State’s results-
based performance measures for drug and
violence prevention for assessing and pub-
116
licly reporting progress toward meeting
these indicators, or revising them as need-
ed;
‘‘(v) include a description of how the
procedures described in subparagraph (C)
and subparagraph (D) will support the
achievement of the State’s results-based
performance measures; and
‘‘(vi) incorporate each of the following
principles of effectiveness:
‘‘(I) The applicant’s program is
based on a thorough assessment of
objective data about the drug and vio-
lence problems in the schools and
communities to be served.
‘‘(II) The applicant has estab-
lished a set of measurable goals and
objectives aimed at ensuring that all
schools served by the local educational
agency have a drug-free, safe, and or-
derly learning environment, and has
designed its programs to meet those
goals and objectives.
‘‘(III) The applicant has designed
and will implement its programs for
117
youth based on research or evaluation
that provides evidence that the pro-
gram to be used will prevent or reduce
drug use, violence, delinquency, or dis-
ruptive behavior among youth.
‘‘(IV) The applicant will evaluate
its program periodically to assess its
progress toward achieving its goals
and objectives, and will use evaluation
results 
to 
refine, 
improve, 
and
strengthen its program, and refine its
goals and objectives, as needed;
‘‘(C) a description of the procedures the
Governor will use to award funds to eligible ap-
plicants on a competitive basis consistent with
section 4115, including—
‘‘(i) the criteria the Governor will use
to assess the relative quality of applica-
tions and demonstrated need for funding
of eligible applicants;
‘‘(ii) the peer review process the Gov-
ernor will use to review applications;
‘‘(iii) how those funds will be used for
community resources and activities that
support local educational agency programs
118
to create drug-free, safe, and disciplined
learning environments in, and passageways
to and from, schools; and
‘‘(iv) how the Governor will ensure
that the geographic distribution of awards
reflects the diversity of local educational
agencies in the State;
‘‘(D) a description of how the State edu-
cational agency and Governor will use the funds
reserved under sections 4113(b) and 4115(c)
for coordinated capacity-building and technical
assistance and program accountability services
and activities at the State and local levels, in-
cluding how the State educational agency and
Governor will coordinate their activities with
law enforcement, health, mental health, and
education programs and officials at the State
and local levels;
‘‘(E) a description of how the State edu-
cational agency and the Governor will monitor
local programs and provide corrective action if
necessary; and
‘‘(F) a description of how the State edu-
cational agency will ensure that local edu-
cational agencies not receiving funds under this
119
part will be provided technical assistance to im-
prove their programs;
‘‘(4) contains assurances that the application
was developed in consultation and coordination with
appropriate State officials, including the head of the
State alcohol and drug abuse agency, the heads of
the State health and mental health agencies, the
head of the State criminal justice planning agency,
the head of the State child welfare agency, the head
of the State board of education, or their designees,
and representatives of parents, students, and com-
munity-based organizations; and
‘‘(5) contains an assurance that the State will
cooperate with, and assist, the Secretary in con-
ducting the national impact evaluation of programs
required by section 4117(a).
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing State applications under this
section.
‘‘SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PRO-
GRAMS.
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an amount equal to 85 percent of the
total amount allocated to a State under section
120
4111(b) for each fiscal year shall be used by the
State educational agency and its local educational
agencies for drug and violence prevention activities
in accordance with this section.
‘‘(2) EXCEPTION.—
‘‘(A) If a State had, on or before January
1, 1994, established an independent State agen-
cy for the purpose of administering all of the
funds described in section 5121 of this Act (as
such section was in effect on the day preceding
the date of the enactment of the Improving
America’s Schools Act of 1994), then—
‘‘(i) an amount equal to 85 percent of
the total amount allocated to such State
under section 4111 for each fiscal year
shall be used by the State educational
agency and its local educational agencies
for drug and violence prevention activities
in accordance with this section; and
‘‘(ii) an amount equal to 15 percent of
such total amount shall be used by such
independent State agency for drug and vio-
lence prevention activities in accordance
with this section.
121
‘‘(B) Not more than 5 percent of the
amount reserved under subparagraph (A)(ii)
may be used for administrative costs of the
independent State agency incurred in carrying
out the activities described in such subpara-
graph.
‘‘(C) For the purposes of this paragraph,
the term independent State agency means an
independent agency with a board of directors or
a cabinet level agency whose chief executive of-
ficer is appointed by the chief executive officer
of the State and confirmed with the advice and
consent of the Senate of such State.
‘‘(b) STATE LEVEL ACTIVITIES.—
‘‘(1) IN GENERAL.—A State educational agency
may use not more than 5 percent of the amount
available under subsection (a) for activities such
as—
‘‘(A) training and technical assistance con-
cerning drug and violence prevention for local
educational agencies and educational service
agencies, including teachers, administrators,
coaches and athletic directors, other staff, par-
ents, students, community leaders, health serv-
122
ice providers, local law enforcement officials,
and judicial officials;
‘‘(B) the development, identification, dis-
semination, and evaluation of the most readily
available, accurate, and up-to-date curriculum
materials with a solid research base, for consid-
eration by local educational agencies;
‘‘(C) making available to local educational
agencies cost effective programs for youth vio-
lence and drug abuse prevention;
‘‘(D) demonstration projects in drug and
violence prevention;
‘‘(E) training, technical assistance, and
demonstration projects to address violence asso-
ciated with prejudice and intolerance;
‘‘(F) financial assistance to enhance re-
sources available for drug and violence preven-
tion in areas serving large numbers of economi-
cally disadvantaged children or sparsely popu-
lated areas, or to meet other special needs con-
sistent with the purposes of this title;
‘‘(G) developing and implementing strate-
gies and programs to greatly reduce the inci-
dence of sexual harassment and abuse and to
123
encourage positive and respectful interactions
between girls and boys; and
‘‘(H) the evaluation of activities carried
out within the State under this part.
‘‘(2) SPECIAL
RULE.—A State educational
agency may carry out activities under this subsection
directly, or through grants or contracts with commu-
nity based organizations, institutions of higher edu-
cation and other public and private non-profit enti-
ties.
‘‘(c) STATE ADMINISTRATION.—A State educational
agency may use not more than 4 percent of the amount
reserved under subsection (a) for the administrative costs
of carrying out its responsibilities under this part.
‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—
‘‘(1) IN GENERAL.—A State educational agency
shall distribute not less than 91 percent of the
amount made available under subsection (a) for each
fiscal year to local educational agencies in accord-
ance with this subsection.
‘‘(2) DISTRIBUTION.—
‘‘(A) Of the amount distributed under
paragraph (1), a State educational agency shall
distribute—
124
‘‘(i) 70 percent of such amount to
local educational agencies, based on the
relative enrollments in public and private
nonprofit 
elementary 
and 
secondary
schools within the boundaries of such
agencies; and
‘‘(ii) 30 percent of such amount to
local educational agencies that the State
educational agency determines have the
greatest need for additional funds to carry
out drug and violence prevention programs
authorized by this subpart.
‘‘(B) Where appropriate and to the extent
consistent with the needs assessment conducted
by the State, not less than 25 percent of the
amount distributed under subparagraph (A)(ii)
for a fiscal year shall be distributed to local
educational agencies located in rural and urban
areas.
‘‘(C)(i) A State educational agency shall
distribute funds under subparagraph (A)(ii) to
not more than 10 percent of the local edu-
cational agencies in the State, or 5 such agen-
cies, whichever is greater.
125
‘‘(ii) In determining which local edu-
cational agencies have the greatest need for ad-
ditional funds under subparagraph (A)(ii), the
State educational agency shall consider objec-
tive data such as—
‘‘(I) high rates of alcohol or drug use
among youth;
‘‘(II) high rates of victimization of
youth by violence and crime;
‘‘(III) high rates of arrests and con-
victions of youth for violent or drug- or al-
cohol-related crime;
‘‘(IV) the extent of illegal gang activ-
ity;
‘‘(V) high incidence of violence associ-
ated with prejudice and intolerance;
‘‘(VI) high rates of referrals of youths
to drug and alcohol abuse treatment and
rehabilitation programs;
‘‘(VII) high rates of referrals of
youths to juvenile court;
‘‘(VIII) high rates of expulsions and
suspensions of students from schools; and
‘‘(IX) high rates of reported cases of
child abuse and domestic violence.
126
‘‘(D) SPECIAL RULE, MINIMUM GRANT
AMOUNTS.—
‘‘(i) Except as provided in clause (ii),
a local educational agency shall not receive
an allocation under this subsection unless
the amount allocated to such agency under
this subsection is greater than $5,000. A
local educational agency may enter into a
consortium with other local educational
agencies for the purposes of meeting the
minimum allocation requirement of this
clause.
‘‘(ii) WAIVER.—The State educational
agency shall waive the requirement of
clause (i) in any case in which the local
educational agency demonstrates that it is
unable to enter into a consortium for the
purposes of carrying out activities under
this part.
‘‘(e) REALLOCATION
OF FUNDS.—If a local edu-
cational agency chooses not to apply to receive the amount
allocated to such agency under subsection (d), does not
meet the requirements of subsection (d)(2)(D) and does
not form a consortium, or if such agency’s application
under section 4115 is disapproved by the State edu-
127
cational agency, the State educational agency shall reallo-
cate such amount to one or more of the local educational
agencies determined by the State educational agency
under subsection (d)(2)(A)(ii) to have the greatest need
for additional funds.
‘‘(f) RETURN OF FUNDS TO STATE EDUCATIONAL
AGENCY; REALLOCATION.—
‘‘(1) RETURN.—Except as provided in para-
graph (2), upon the expiration of the 1-year period
beginning on the date that a local educational agen-
cy or educational service agency under this title re-
ceives its allocation under this title—
‘‘(A) such agency shall return to the State
educational agency any funds from such alloca-
tion that remain unobligated; and
‘‘(B) the State educational agency shall re-
allocate any such amount to local educational
agencies or educational service agencies that
have plans for using such amount for programs
or activities on a timely basis.
‘‘(2) REALLOCATION.—In any fiscal year, a
local educational agency, may retain for obligation in
the succeeding fiscal year—
128
‘‘(A) an amount equal to not more than 25
percent of the allocation it receives under this
title for such fiscal year; or
‘‘(B) upon a demonstration of good cause
by such agency or consortium, a greater
amount approved by the State educational
agency.
‘‘SEC. 4114. LOCAL DRUG AND VIOLENCE PREVENTION PRO-
GRAMS.
‘‘(a) PRINCIPLES OF EFFECTIVENESS.—Each local
educational agency that receives a subgrant under section
4113(c) shall use those funds to support research-based
drug- and violence-prevention services and activities that
are consistent with the principles of effectiveness described
in section 4119..
‘‘(b) OTHER AUTHORIZED ACTIVITIES.—
‘‘(1) IN
GENERAL.—Each local educational
agency that receives a subgrant under section
4113(d) may also use those funds to carry out, in
a manner that is consistent with the most relevant
research, other services and activities that are con-
sistent with the purpose of this title, such as—
‘‘(A) staff training and development;
‘‘(B) parental involvement and training;
‘‘(C) community involvement activities;
129
‘‘(D) law enforcement and security activi-
ties that are related to school safety and drug
use;
‘‘(E) creating and maintaining safe zones
of passage to and from school to prevent vio-
lence and drug trafficking;
‘‘(F) counseling, mentoring, and referral
services, and other student assistance programs;
‘‘(G) before- and after-school programs;
‘‘(H) alternative education programs for
those students who have been expelled from
their regular education programs;
‘‘(I) programs to assist students to reenter
the regular education program upon return
from treatment or alternative education set-
tings;
‘‘(J) services and activities that reduce the
need for suspension and expulsion in maintain-
ing classroom order and school discipline;
‘‘(K) services and activities to prevent and
reduce truancy;
‘‘(L) teaching students about the risks and
consequences associated with handling firearms
that enabling them to make safe choices and
avoid injury to themselves and others;
130
‘‘(M) 
age-appropriate, 
developmentally
based violence prevention and education pro-
grams for all students, from the preschool level
through grade 12, that address the legal,
health, personal, and social consequences of vio-
lent and disruptive behavior, including sexual
harassment and abuse, and victimization associ-
ated with prejudice and intolerance, and that
include activities designed to help students de-
velop a sense of individual responsibility and re-
spect for the rights of others, and to resolve
conflicts without violence;
‘‘(N) 
age-appropriate, 
developmentally-
based or community-oriented safety programs
for all students, from the preschool level
through grade 12, that address prevention and
education of child abuse and abduction,
including—
‘‘(i) teaching students the skills to
identify, avoid if possible, and cope with
potentially dangerous or threatening situa-
tions that may include abduction, abuse, or
neglect; and
‘‘(ii) providing guidance to students
that encourages students to seek advice for
131
anxiety, threats of abuse, or actual abuse
and to confide in a trusted adult regarding
an uncomfortable or threatening situation;
‘‘(O) activities designed to prevent hate
crimes and strengthen tolerance and under-
standing;
‘‘(P) activities to greatly reduce the inci-
dence of sexual harassment and abuse;
‘‘(Q) activities to increase the safety of
children going to and from school, including
those that improve pedestrian and bicyclist
safety; and
‘‘(R) other activities that are consistent
with the purposes of this title.
‘‘(2) LIMITATION.—A local educational agency
may not use more that 20 percent of its subgrant
for the acquisition or use of metal detectors and se-
curity personnel unless it demonstrates in its appli-
cation under section 4116 to the satisfaction of the
State educational agency that it has a compelling
need to do so.
‘‘(c) SCHOOL PROTECTION.—Each local educational
agency, or consortium of such agencies, that receives a
subgrant under section 4113(c) and has reported expul-
sions under part F during the past 3 years shall develop
132
a program with local law enforcement agencies to protect
students and employees of public schools against gun vio-
lence that includes promoting the benefits of child safety
locks for firearms.
‘‘SEC. 4115. GOVERNORS PROGRAMS.
‘‘(a) USE OF FUNDS.—
‘‘(1) IN
GENERAL.—An amount equal to 15
percent of the total amount allocated to a State
under section 4111(b) for each fiscal year shall be
used by the chief executive officer of such State for
drug and violence prevention programs and activities
in accordance with this section.
‘‘(2) LAW
ENFORCEMENT
EDUCATION
PART-
NERSHIPS.—A chief executive officer shall use not
less than 10 percent of the 15 percent of the total
amount described in paragraph (1) for each fiscal
year for law enforcement education partnerships in
accordance with subsection (d).
‘‘(3) ADMINISTRATIVE COSTS.—A chief execu-
tive officer may use not more than 20 percent of the
total amount described in paragraph (1) for the ad-
ministrative costs incurred in carrying out the duties
of such officer under this section.
‘‘(b) PROGRAMS AUTHORIZED.—
133
‘‘(1) IN
GENERAL.—A chief executive officer
shall use funds made available under subsection (a)
for competitive grants to or contracts with parent
groups, community action and job training agencies,
community-based organizations, and other public en-
tities and private nonprofit organizations and con-
sortia thereof to support community efforts that di-
rectly complement the efforts of local educational
agencies to foster drug-free, safe, and orderly learn-
ing environments in and around schools. In making
such grants and contracts, a chief executive officer
shall give priority to programs and activities de-
scribed in subsection (c) for—
‘‘(A) children and youth who are not nor-
mally served by State or local educational agen-
cies; or
‘‘(B) populations that need special services
or additional resources (such as preschoolers,
youth in juvenile detention facilities, runaway
or homeless children and youth, pregnant and
parenting teenagers, and school dropouts).
‘‘(2) PEER
REVIEW.—Grants or contracts
awarded under this subsection shall be subject to a
peer review process.
134
‘‘(c) AUTHORIZED ACTIVITIES.—Grants and con-
tracts under subsection (b) shall be used for programs and
activities, which are based on most relevant research, to
the extent available and feasible, such as—
‘‘(1) disseminating information about drug and
violence prevention;
‘‘(2) training parents, law enforcement officials,
judicial officials, social service providers, health serv-
ice providers and community leaders about drug and
violence prevention, comprehensive health education,
early intervention, pupil services, or rehabilitation
referral;
‘‘(3) developing and implementing comprehen-
sive, community-based drug and violence prevention
programs that link community resources with
schools and integrate services involving education,
vocational and job skills training and placement, law
enforcement, health, mental health, community serv-
ice, mentoring, and other appropriate services;
‘‘(4) planning and implementing drug and vio-
lence prevention activities that coordinate the efforts
of State agencies with efforts of the State edu-
cational agency and its local educational agencies;
135
‘‘(5) activities to protect students traveling to
and from school, including pedestrian and bicycle
safety education;
‘‘(6) before-and-after school recreational, in-
structional, cultural, and artistic programs that en-
courage drug- and violence-free lifestyles;
‘‘(7) activities that promote the awareness of
and sensitivity to alternatives to violence through
courses of study that include related issues of intol-
erance and hatred in history;
‘‘(8) developing and implementing activities to
prevent and reduce violence associated with preju-
dice and intolerance;
‘‘(9) developing and implementing strategies to
prevent illegal gang activity;
‘‘(10) coordinating and conducting community-
wide violence and safety assessments and surveys;
‘‘(11) service-learning projects that encourage
drug- and violence-free lifestyles; and
‘‘(12) evaluating programs and activities as-
sisted under this section.
‘‘(d) LAW ENFORCEMENT EDUCATION PARTNER-
SHIPS.—A chief executive officer shall use funds under
subsection (a)(2) to award grants to State, county, or local
law enforcement agencies (including district attorneys) in
136
consortium with local educational agencies or community-
based agencies for the purpose of carrying out drug abuse
and violence prevention activities, such as—
‘‘(1) Project Drug Abuse Resistance Education
and other programs which provide classroom instruc-
tion by uniformed law enforcement officials that is
designed to teach students to recognize and resist
pressures to experiment that influence such children
to use controlled substances or alcohol;
‘‘(2) Project Legal Lives and other programs in
which district attorneys provide classroom instruc-
tion in the law and legal system which emphasizes
interactive learning techniques, such as mock trial
competitions;
‘‘(3) partnerships between law enforcement and
child guidance professionals; and
‘‘(4) before- and after-school activities.
‘‘SEC. 4116. LOCAL APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—
‘‘(1) IN GENERAL.—In order to be eligible to
receive a subgrant under section 4113(d) or section
4115 for any fiscal year, an applicant shall submit,
at such time and including such information as the
State educational agency or Governor, as applicable,
requires, an application to the State educational
137
agency or Governor, as applicable for approval. Such
an application shall be amended, as necessary, to re-
flect changes in the applicant’s program.
‘‘(2) APPLICATION PROCESS.—
‘‘(A) Applications for subgrants from enti-
ties other than local educational agencies, under
section 4115 shall be developed in consultation
with the schools or local educational agencies to
be served and, to the extent practicable, with
the representatives described in subparagraph
(B).
‘‘(B) An application from local educational
agencies for subgrants shall be developed in
consultation with a local or substate regional
advisory council that includes, to the extent
possible, representatives of local government,
business, parents, students, teachers, pupil
services personnel, appropriate State agencies,
private schools, the medical profession, law en-
forcement, community-based organizations, and
other groups with interest and expertise in drug
and violence prevention.
‘‘(b) CONTENTS OF APPLICATIONS.—(1) An applica-
tion under this section shall contain—
138
‘‘(A) the results of the applicant’s needs assess-
ment concerning the creation and maintenance of a
drug-free, safe, and orderly school environment and
include data on the prevalence of drug use and vio-
lence by youth in the schools and communities to be
served;
‘‘(B) a description of how the applicant will tar-
get services and activities on the communities,
schools, and students with the greatest need for as-
sistance in creating and maintaining drug-free, safe,
and orderly learning environments;
‘‘(C) the applicant’s results-based performance
measures for creating and maintaining a drug-free,
safe, and orderly learning environment, which shall
be focused on student behavior and attitudes, and
include annual targets for each performance meas-
ure;
‘‘(D) a description of the procedures the appli-
cant will use to assess and publicly report progress
toward meeting its performance indicators;
‘‘(E) a description of how—
‘‘(i) the applicant will use the funds to be
awarded and how the activities it will support
with those funds address the needs identified
under subparagraph (A) and the performance
139
measures identified under subparagraph (C);
and
‘‘(ii) if the applicant is a local educational
agency, how those activities are consistent with
the Safe and Drug-Free Schools plan under
paragraph (2)(D) or another existing school
plan related to safe, disciplined, and drug-free
environments;
‘‘(F) a description of how the applicant will co-
ordinate its activities with local, State, and Federal
law enforcement, health, mental health, and edu-
cation officials;
‘‘(G) a description of the applicant’s plan for
evaluating its project; and
‘‘(H) any other information the State edu-
cational agency or Governor, as applicable, may re-
quire to review application’s, and award subgrants,
based on the applicants need for assistance and the
quality of the application.
‘‘(2) Each applicant for a subgrant under this section
shall also include in its application an assurance that it—
‘‘(A) has a policy, consistent with State law and
the Gun-Free Schools Act, that requires the expul-
sion of students who possess a firearm at school;
140
‘‘(B) has, or will have, a full-or part-time pro-
gram coordinator whose primary responsibility is
planning, designing, implementing, and evaluating
the applicant’s programs (unless the applicant dem-
onstrates in its application, to the satisfaction of the
State educational agency, that such a program coor-
dinator is not needed);
‘‘(C) will evaluate its program every 2 years to
assess its progress toward meeting its goals and ob-
jectives, and will use the results of its evaluation to
improve its program and refine its goals and objec-
tives, as needed; and
‘‘(D) has, or the schools to be served have, a
comprehensive Safe and Drug-Free Schools plan
that includes—
‘‘(i) appropriate and effective discipline
policies that prohibit disorderly conduct, the
possession of firearms and other weapons, and
the illegal use, possession, distribution, and sale
of tobacco, alcohol, and other drugs by stu-
dents, and that mandate predetermined con-
sequences, sanctions, or interventions for spe-
cific offenses;
‘‘(ii) security procedures at school and
while students are on the way to and from
141
school, which may include the use of metal de-
tectors and the development and implementa-
tion of formal agreements with law enforcement
officials;
‘‘(iii) early intervention and prevention ac-
tivities of demonstrated effectiveness designed
to create and maintain safe, disciplined, and
drug-free environments;
‘‘(iv) school readiness and family involve-
ment activities;
‘‘(v) improvements to classroom manage-
ment and school environment, such as efforts to
reduce class size or improve classroom dis-
cipline;
‘‘(vi) procedures to identify and intervene
with troubled students, including establishing
linkages with, and referring students to, juve-
nile justice, community mental health, and
other service providers;
‘‘(vii) activities that connect students to re-
sponsible adults in the community, including ac-
tivities such as after-school or mentoring pro-
grams; and
‘‘(viii) a crisis management plan for re-
sponding to violent or traumatic incidents on
142
school grounds, which provides for addressing
the needs of victims, and communicating with
parents, the media, law enforcement officials,
and mental health service providers.
‘‘(3) Each applicant for a subgrant under section
4115 shall also include in its application—
‘‘(A) a description of how the services and ac-
tivities to be supported will be coordinated with rel-
evant programs under this part that are supported
by State educational agencies, including how recipi-
ents will share resources, services, and data;
‘‘(B) a description of how the applicant will co-
ordinate its activities under this part with those im-
plemented under the Drug-Free Communities Act, if
any; and
‘‘(C)(i) an assurance that it will evaluate its
program every 2 years to assess its progress toward
meeting its goals and objectives, and will use the re-
sults of its evaluation to improve its program and
refine its goals and objectives as needed, if the appli-
cant is not a local educational agency; or
‘‘(ii) the assurance under paragraph (2) if the
applicant is a local educational agency.
‘‘(c) REVIEW OF APPLICATION.—
143
‘‘(1) IN GENERAL.—In reviewing local applica-
tions under this section—
‘‘(A) a State educational agency shall use
a peer review process or other methods of as-
suring the quality of such applications; and
‘‘(B) Governors may use a peer review
process or other methods that ensure that ap-
plications are funded and approved on the basis
of need and quality.
‘‘(2) CONSIDERATIONS.—
‘‘(A) In determining whether to approve
the application of a local educational agency
under this section, a State educational agency
shall consider the quality of the local edu-
cational agency’s comprehensive plan under
subsection (b)(2).
‘‘(B) A State educational agency may dis-
approve a local educational agency’s application
under this section in whole or in part and may
withhold, limit, or place restrictions on the use
of funds allotted to such a local educational
agency in a manner the State educational agen-
cy determines will best promote the purpose of
this title, except that a local educational agency
144
shall be afforded an opportunity to appeal any
such disapproval.
‘‘SEC. 4117. NATIONAL EVALUATIONS AND DATA COLLEC-
TIONS.
‘‘(a) NATIONAL EVALUATIONS.—
‘‘(1) The Secretary shall provide for periodic
national evaluations, at least every 2 years, of the
quality and impact of programs under this title and
other programs designed to prevent drugs and vio-
lence in schools and submit a report of the findings
of such evaluations to the President and Congress.
‘‘(2)(A) The National Center for Education
Statistics shall collect data for the following pur-
poses:
‘‘(i) To determine the frequency, serious-
ness, and incidence of drug use by youth in
schools and communities in the States using, if
appropriate, data submitted by the States pur-
suant to subsection (b).
‘‘(ii) To determine the frequency, degree of
harm, and morbidity of violent incidents, par-
ticularly firearm-related injuries and fatalities,
by youth in schools and communities in the
States, including information with respect to—
145
‘‘(I) the relationship between victims
and perpetrators;
‘‘(II) demographic characteristics of
victims and perpetrators; and
‘‘(III) type and characteristic of the
firearm used in the shooting.
‘‘(B) The Secretary shall report to Con-
gress on the data collected under this para-
graph, together with such recommendations as
the Secretary determines appropriate.
‘‘(3) The Secretary shall publish annual reports
on school safety.
‘‘(b) STATE REPORTS.—
‘‘(1) The Governor and State educational agen-
cy of each State shall annually report to the Sec-
retary, in such form as the Secretary may require,
on the State’s progress toward attaining its perform-
ance 
indicators, 
required 
under 
section
4112(a)(1)(B), for achieving drug-free, safe, and or-
derly learning environments in its schools. Annual
reports shall—
‘‘(A) be based on the State’s ongoing eval-
uation activities;
146
‘‘(B) include data on the prevalence and
incidence of drug use and violence by youth in
schools and communities;
‘‘(C) address the implementation and out-
comes of State and local programs under this
part, as well as their effectiveness; and
‘‘(D) be made readily available to the pub-
lic.
‘‘(2) Each State shall report to the Secretary,
in such form as the Secretary, in consultation with
the Secretary of Health and Human services, may
require, all school-related suicides and homicides
within the State within 30 days of the incident.
‘‘(c) LOCAL REPORTS.—
‘‘(1)(A) Each local educational agency that re-
ceives a subgrant under section 4113(d) shall report
annually to the State educational agency and the
public on—
‘‘(i) the local educational agency’s
progress toward meeting its results-based
performance indicators for its program;
‘‘(ii) the results of its on-going evalua-
tion of its program; and
‘‘(iii) any problems the local edu-
cational agency has encountered in imple-
147
menting its program that warrant the pro-
vision of technical assistance by the State
educational agency.
‘‘(B)(i) The State educational agency shall
review the annual reports described under para-
graph (1) and shall not provide funding for the
second or third year of a local educational agen-
cy’s program unless it determines that the local
educational 
agency 
is 
making 
reasonable
progress toward meeting its objectives.
‘‘(ii) Before the denial of funding under
clause (i) a local educational agency shall be af-
forded an opportunity to a hearing.
‘‘(2)(A) Each recipient of funds under section
4115 shall report annually to the Governor and to
the public on—
‘‘(i) its progress toward meeting its
results-based performance measures for its
program;
‘‘(ii) the results of its on-going evalua-
tion of its program; and
‘‘(iii) any problems it encountered in
implementing its program that warrant the
provision of technical assistance by the
Governor.
148
‘‘(B) The Governor shall review the annual
reports described under subparagraph (A), and
shall not provide funding for subsequent years
of a multi-year program unless the Governor
determines that the recipient is making reason-
able progress toward meeting its objectives.
‘‘SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.
‘‘(a) GENERAL AUTHORITY.—From the funds made
available pursuant to section 4111(a)(4) to carry out this
section, the Secretary shall make grants to or enter into
cooperative agreements or contracts with organizations
primarily serving and representing Native Hawaiians,
which are recognized by the Governor of the State of Ha-
waii to plan, conduct, and administer programs, or por-
tions thereof, which are authorized by and consistent with
the provisions of this title for the benefit of Native Hawai-
ians.
‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the
purposes of this section, the term Native Hawaiian means
any individual any of whose ancestors were natives, prior
to 1778, of the area which now comprises the State of
Hawaii.
‘‘SEC. 4119. PRINCIPLES OF EFFECTIVENESS.
‘‘The principles of effectiveness referred to under this
title are as follows:
149
‘‘(1) The applicant’s program is based on a
thorough assessment of objective data about the
drug and violence problems in the schools and com-
munities to be served.
‘‘(2) The applicant has established a set of
measurable goals and objectives aimed at ensuring
that all schools served by the local educational agen-
cy have a drug-free, safe, and orderly learning envi-
ronment, and has designed its programs to meet
those goals and objectives.
‘‘(3) The applicant has designed and will imple-
ment its programs for youth based on research or
evaluation that provides evidence that the program
to be used will prevent or reduce drug use, violence,
delinquency, or disruptive behavior among youth.
‘‘(4) The applicant will evaluate its program pe-
riodically to assess its progress toward achieving its
goals and objectives, and will use evaluation results
to refine, improve, and strengthen its program, and
refine its goals and objectives, as needed;
‘‘Subpart 2—National Programs
‘‘SEC. 4121. NATIONAL PROGRAMS.
‘‘(a) PROGRAM AUTHORIZED.—From funds appro-
priated to carry out this part for each fiscal year under
section 4004(2), the Secretary shall—
150
‘‘(1) carry out programs—
‘‘(A) designed to promote drug-free, safe,
and orderly learning environments for students
at all educational levels, from preschool through
the postsecondary level;
‘‘(B) for such students that promote life-
long physical activity; and
‘‘(2) reserve the lesser of 5 percent or
$10,000,000 to carry out section 4122, relating to
Hate Crime prevention.
‘‘(b) DRUG-FREE, SAFE, AND ORDERLY LEARNING
ENVIRONMENTS.—
‘‘(1) The Secretary may carry out the programs
described in subsection (a)(1)(A) directly, or through
grants, contracts, or cooperative agreements with
public and private agencies, organizations, and indi-
viduals, or through agreements with other Federal
agencies, and shall coordinate with other Federal
agencies, as appropriate.
‘‘(2) Programs under this subsection may in-
clude, but are not limited to—
‘‘(A) one or more centers to provide train-
ing and technical assistance for teachers, school
administrators and staff, and others on the
identification and implementation of effective
151
strategies to promote safe, orderly, and drug-
free learning environments;
‘‘(B) programs to train teachers in innova-
tive techniques and strategies of effective drug
and violence prevention;
‘‘(C) research and demonstration projects
to test innovative approaches to drug and vio-
lence prevention;
‘‘(D) evaluations of the effectiveness of
programs funded under this title, or other pro-
grams designed to create safe, disciplined, and
drug-free environments;
‘‘(E) direct services and technical assist-
ance to schools and school systems, including
those afflicted with especially severe drug and
violence problems;
‘‘(F) developing and disseminating drug
and violence prevention materials and informa-
tion in print, audiovisual, or electronic format,
including information about effective research-
based programs, policies, practices, strategies,
and curriculum and other relevant materials to
support drug and violence prevention education;
‘‘(G) recruiting, hiring, and training pro-
gram coordinators to assist local educational
152
agencies in implementing high-quality, effective,
research-based drug and violence prevention
programs;
‘‘(H) the development and provision of
education and training programs, curricula, in-
structional materials, and professional training
for preventing and reducing the incidence of
crimes or conflicts motivated by bullying, hate,
prejudice, intolerance, or sexual harassment and
abuse;
‘‘(I) programs for youth who are out of the
education mainstream, including school drop-
outs, students who have been suspended or ex-
pelled from their regular education program,
and runaway or homeless children and youth;
‘‘(J) programs implemented in conjunction
with other Federal agencies that support local
educational agencies and communities in devel-
oping and implementing comprehensive pro-
grams that create safe, disciplined, and drug-
free learning environments and promote healthy
childhood development;
‘‘(K) services and activities that reduce the
need for suspension and expulsion in maintain-
ing classroom order and discipline;
153
‘‘(L) services and activities to prevent and
reduce truancy;
‘‘(M) services and activities by an organi-
zation that uses an effective life management
skills curriculum specifically designed to target
at-risk and disenfranchised youth who are con-
fronted with multiple challenging problems;
‘‘(N) programs to provide counseling serv-
ices to troubled youth, including support for the
recruitment and hiring of counselors and the
operation of telephone help lines; and
‘‘(O) other activities that meet emerging or
unmet national needs consistent with the pur-
poses of this title.
‘‘(c) LIFELONG PHYSICAL ACTIVITY PROGRAMS.—
‘‘(1) The Secretary may carry out the programs
described in paragraph (2) directly, or through
grants, contracts, or cooperative agreements with
public and private agencies, organizations, and indi-
viduals, or through agreements with other Federal
agencies, and shall coordinate with the Centers for
Disease Control and Prevention, the Presidents
Council on Physical Fitness, and other Federal
agencies, as appropriate.
154
‘‘(2) Programs under this subsection may in-
clude, but are not limited to—
‘‘(A) the conduct of demonstrations of
school-based programs that promote lifelong
physical activity, with a particular emphasis on
physical education programs that are part of
coordinated school health programs, that pro-
mote healthy, drug-free lifestyles;
‘‘(B) training, technical assistance, and
other activities to encourage States and local
educational agencies to implement sound school-
based programs that promote lifelong physical
activity and healthy lifestyles; and
‘‘(C) activities designed to build State ca-
pacity to provide leadership and strengthen
schools capabilities to provide school-based pro-
grams that promote lifelong physical activity
and healthy lifestyles.
‘‘(d) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for funds under
this section.
‘‘SEC. 4122. HATE CRIME PREVENTION.
‘‘(a) GRANT AUTHORIZATION.—From funds reserved
to carry out this section under section 4121(a)(2) the Sec-
retary may make grants, on a competitive basis, to local
155
educational agencies or local educational agencies in con-
junction with community-based organizations for the pur-
pose of providing assistance to localities most directly af-
fected by hate crimes.
‘‘(b) USE OF FUNDS.—
‘‘(1) PROGRAM DEVELOPMENT.—Grants under
this section may be used to improve elementary and
secondary educational efforts, including—
‘‘(A) development of education and train-
ing programs designed to prevent and to reduce
the incidence of crimes and conflicts motivated
by hate;
‘‘(B) development of curricula for the pur-
pose of improving conflict or dispute resolution
skills of students, teachers, and administrators;
‘‘(C) development and acquisition of equip-
ment and instructional materials to meet the
needs of, or otherwise be part of, hate crime or
conflict programs; and
‘‘(D) professional training and develop-
ment for teachers and administrators on the
causes, effects, and resolutions of hate crimes
or hate-based conflicts.
‘‘(2) IN GENERAL.—In order to be eligible to
receive a grant under this section for any fiscal year,
156
a local educational agency, or a local educational
agency in conjunction with a community-based orga-
nization, shall submit an application to the Secretary
in such form, at such time, and containing such in-
formation as the Secretary may reasonably require.
‘‘(3) REQUIREMENTS.—Each application under
paragraph (2) shall include—
‘‘(A) a request for funds to be used con-
sistent with the purposes described in this sec-
tion;
‘‘(B) a description of the schools and com-
munities to be served by the grants; and
‘‘(C) or assurance that Federal funds re-
ceived under this section shall be used to sup-
plement, not supplant, non-Federal funds.
‘‘(4) COMPREHENSIVE PLAN.—Each application
shall also include a comprehensive plan that
contains—
‘‘(A) a description of the hate crime or
conflict problems within the schools or the com-
munity described in paragraph (3)(B);
‘‘(B) a description of the program to be
developed or augmented by such Federal and
non-Federal matching funds (which may be pro-
vided in cash, or in-kind);
157
‘‘(C) an assurance that such program or
activity shall be administered by or under the
supervision of the applicant;
‘‘(D) procedures for proper and efficient
administration of such program; and
‘‘(E) procedures for fiscal control and fund
accounting as may be necessary to ensure pru-
dent use, proper disbursement, and accurate ac-
counting of funds received under this section.
‘‘(c) AWARD OF GRANTS.—
‘‘(1) SELECTION
OF
RECIPIENTS.—The Sec-
retary shall consider the incidence of crimes and
conflicts motivated by bias in the schools and com-
munities described in subsection (b)(3)(B) in award-
ing grants under this section.
‘‘(2) GEOGRAPHIC
DISTRIBUTION.—The Sec-
retary shall attempt, to the extent practicable, to
achieve an equitable geographic distribution of grant
awards.
‘‘(3) DISSEMINATION
OF
INFORMATION.—The
Secretary shall make available information regarding
successful research based hate crime prevention pro-
grams, including programs established or expanded
with grants under this section to grantees under this
section.
158
‘‘(d) REPORTS.—The Secretary shall submit to the
Committee on Education and the Workforce in the House
of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions in the Senate a report every
2 years which shall contain a detailed statement regarding
grants and awards, activities of grant recipients, and an
evaluation of programs established under this section.
‘‘Subpart 3—General Provisions
‘‘SEC. 4131. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) 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 alcohol
and the use of controlled, illegal, addictive, or
harmful substances, including inhalants and an-
abolic steroids;
‘‘(B) prevention, early intervention, smok-
ing cessation activities, or education, related to
the use of tobacco by children and youth eligible
for services under this title; and
‘‘(C) with respect to violence, the pro-
motion of school safety, such that students and
school personnel are free from violent and dis-
159
ruptive acts, including sexual harassment and
abuse, and victimization associated with preju-
dice and intolerance, on school premises, going
to and from school, and at school-sponsored ac-
tivities, 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.
‘‘(2) HATE
CRIME.—The term ‘hate crime’
means a crime as described in section 1(b) of the
Hate Crime Statistics Act of 1990.
‘‘(3) 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
of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
‘‘(4) 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.
‘‘(5) SCHOOL PERSONNEL.—The term ‘school
personnel’ includes teachers, administrators, guid-
160
ance 
counselors, 
social 
workers, 
psychologists,
nurses, librarians, and other support staff who are
employed by a school or who perform services for the
school on a contractual basis.
‘‘SEC. 4132. MATERIALS.
‘‘(a) WRONG AND HARMFUL MESSAGE.—Drug pre-
vention programs supported under this part shall convey
a clear and consistent message that the illegal use of alco-
hol and other drugs is wrong and harmful.
‘‘(b) CURRICULUM.—The Secretary shall not pre-
scribe the use of specific curricula for programs supported
under this part, but may evaluate the effectiveness of such
curricula and other strategies in drug and violence preven-
tion.
‘‘SEC. 4133. 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); and
‘‘(2) medical services, drug treatment or reha-
bilitation, except for pupil services or referral to
treatment for students who are victims of, or wit-
nesses to, crime or who use alcohol, tobacco, or
drugs.
162
and implementing comprehensive prevention pro-
grams;
‘‘(4) how the State educational agency will
evaluate the implementation of comprehensive pre-
vention programs and measure the results achieved
in preventing violence, criminal and delinquent be-
havior, substance abuse, and other problem behav-
iors and improving student academic performance;
‘‘(5) how the State educational agency will en-
sure that local programs meet the requirements of
section 4214(c); and
‘‘(6) provide an assurance that funds provided
under this part shall supplement, and not supplant,
other Federal, State, and local funds that would oth-
erwise be available for the purposes described under
this part.
‘‘SEC. 4212. RESERVATIONS AND ALLOCATIONS.
‘‘(a) RESERVATIONS.—From the funds made avail-
able under section 4004(3) to carry out this part for each
fiscal year, the Secretary shall—
‘‘(1) reserve funds in accordance with para-
graphs (1), (2), and (4) of section 4111(a); and
‘‘(2) except as provided in subsection (b), allo-
cate the remainder of funds among the States in ac-
cordance with section 4111(b)(1).
163
‘‘(b) REALLOCATION OF FUNDS TO STATES.—If a
State educational agency does not develop a plan that
meets the requirements of section 4211(b), the Secretary
shall not make an allocation to the State under subsection
(a)(2) and shall allocate such funds in accordance with
section 4111(b)(1) to other States that have developed
such plans. Funds allocated to a State under this sub-
section may be used only to implement programs under
this subpart.
‘‘SEC. 4213. DISTRIBUTION OF FUNDS.
‘‘(a) FUNDS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) IN
GENERAL.—Each State educational
agency that receives an allocation under this part
shall use such funds to make competitive grants to
local educational agencies.
‘‘(2) AWARDS.—In awarding competitive grants
under this part, a State educational agency shall—
‘‘(A) give the highest priority to local edu-
cational agencies with demonstrated need in ac-
cordance with the criteria described in section
4113(d)(2)(C)(ii);
‘‘(B) make grant awards that are of suffi-
cient size and scope to support the initial start-
up costs for a comprehensive prevention plan
that meets the requirements of this part; and
164
‘‘(C) take into account the equitable dis-
tribution of awards to different geographic re-
gions within the State, including urban and
rural areas, and to schools serving elementary
and secondary students.
‘‘(b) RESERVATION.—A State educational agency
may use not more than 5 percent of the funds made avail-
able to it under this section for administrative, evaluation,
and technical assistance expenses, including expenses nec-
essary to inform local educational agencies about research-
based comprehensive prevention approaches that have
proven to be effective.
‘‘SEC. 4214. LOCAL AWARDS.
‘‘(a) IN GENERAL.—To be eligible to receive a
subgrant under this subpart for any fiscal year, a local
educational agency shall submit, at such time and includ-
ing such information, as the State educational agency re-
quires, an application to the State educational agency for
approval.
‘‘(b) PLAN.—Each local educational agency shall sub-
mit a plan to the State educational agency demonstrating
how it will meet the requirements of subsection (c).
‘‘(c) USE OF FUNDS.—A grant awarded to a local
educational agency under this part shall be used only for
165
the purpose of identifying and implementing comprehen-
sive prevention programs that—
‘‘(1) employ strategies or approaches that are
based on reliable research and that show effective-
ness in preventing violence, criminal and delinquent
behavior, substance abuse, and other problem behav-
iors and improving student academic performance;
‘‘(2) comprehensively address the mental, emo-
tional, social, and physical health of children and
adolescents;
‘‘(3) employ developmentally appropriate activi-
ties and interventions;
‘‘(4) assist children and adolescents in improv-
ing cognitive, affective, and behavioral skills;
‘‘(5) use methods that ensure the active engage-
ment of the children and adolescents who participate
and that facilitate better communication between
children and adults about problem situations;
‘‘(6) provide for the meaningful involvement of
parents, educators, health and mental health profes-
sionals, and the local community in planning and
implementation;
‘‘(7) provide high-quality and continuous staff
professional development and training;
166
‘‘(8) have measurable outcome goals and a clear
evaluation plan, including annual reports to the
State and the Secretary;
‘‘(9) use high-quality external technical support
and assistance from individuals or entities with expe-
rience and expertise in developing, implementing,
and 
evaluating 
comprehensive 
prevention 
ap-
proaches; and
‘‘(10) identify how other resources (Federal,
State, local, and private) available to the State will
be used to coordinate services to support and sustain
the comprehensive prevention effort.
‘‘PART C—ALTERNATIVE EDUCATION
‘‘SEC. 4311. PURPOSE.
‘‘The purpose of this part is to assist local edu-
cational agencies to implement, establish, develop, or
improve—
‘‘(1) sound and equitable policies that ensure a
safe, orderly, and drug-free learning environment for
all children, while reducing the need to suspend or
expel students and the number of such suspensions
and expulsions; and
‘‘(2) educational supports, services, and pro-
grams, using trained and qualified staff, for children
aged 5 through 21 who have been suspended or ex-
167
pelled so such children make continuing progress to-
ward meeting the State’s challenging academic
standards.
‘‘SEC. 4312. RESERVATION AND ALLOTMENTS.
‘‘(a) RESERVATION.—From the amount made avail-
able under section 4004(4) to carry out this part for each
fiscal year, the Secretary—
‘‘(1) shall reserve 0.5 percent for grants to
Guam, American Samoa, the United States Virgin
Islands, the Commonwealth of the Northern Mar-
iana Islands, and until October 1, 2001, the Repub-
lic of Palau, the Marshall Islands, and the Fed-
erated States of Micronesia;
‘‘(2) shall reserve 1 percent for the Secretary of
Interior to carry out programs under this part for
Indian children; and
‘‘(3) may reserve not more than the lesser of 5
percent or $5,000,000 for evaluation and national
activities under section 4322.
‘‘(b) STATE EDUCATIONAL AGENCY ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), and after making the reservations in sub-
section (a), the Secretary shall, for each fiscal year,
allocate among the States the remainder according
to the ratio between the amount each State received
168
under part A of title I for the preceding year and
the sum of such amounts received by all the States.
‘‘(2) MINIMUM.—For any fiscal year, the Sec-
retary shall not allot to a State an amount under
this subsection that is less than one-quarter of 1
percent of the total amount allotted to all the States
under this subsection.
‘‘(3) 
REALLOTMENT.—The 
Secretary 
may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within two years of such allotment.
Such reallotments shall be made on the same basis
as allotments are made under paragraph (1).
‘‘(c) WITHIN-STATE DISTRIBUTION
OF FUNDS.—
Each State educational agency having an approved appli-
cation pursuant to section 4313 and receiving an alloca-
tion under subsection (b), shall—
‘‘(1) allocate not less than 95 percent of such
allocation to local educational agencies pursuant to
section 4317(a) or 4317(b); and
‘‘(2) reserve not more than 5 percent for State
level activities and evaluation, of which not more
than 40 percent may be used for administration.
169
‘‘(d) SPECIAL RULE.—For the purposes of subsection
(b) the term ‘State’ means the 50 States, the District of
Columbia, and Puerto Rico.
‘‘SEC. 4313. STATE EDUCATIONAL AGENCY APPLICATIONS.
‘‘Each State educational agency seeking a grant
under this part shall submit an application in such form,
and containing such information, as the Secretary may
reasonably require. At a minimum, the application shall
include—
‘‘(1) a description of the competitive process the
State educational agency will use to award subgrants
to local educational agencies if the total amount ap-
propriated to carry out this part is less than
$350,000,000 in any given fiscal year;
‘‘(2) a description of the performance indicators
the State educational agency will establish, con-
sistent with section 4316, that will be used to evalu-
ate local educational agency programs funded under
this part;
‘‘(3) a description of the research-base of pro-
grams funded under this part;
‘‘(4) a description of the professional develop-
ment necessary for teachers, other educators, and
pupil services personnel to implement alternative
170
education supports, services, and programs based on
scientifically based research;
‘‘(5) a description of how the State will ensure
a reduction in the number of suspensions and expul-
sions, including reductions among groups of minor-
ity, low-income, and disabled children;
‘‘(6) a description of the programs and activi-
ties the State will carry out under section 4315;
‘‘(7) an assurance that the State educational
agency will make awards to local educational agen-
cies under section 4317(a) based on the quality of
their programs and their need for assistance under
this part;
‘‘(8) a description of how the State will ensure
the implementation of disciplinary policies that are
fair and equitable;
‘‘(9) a description of how the State will ensure
that supports, services, and programs funded under
this part will enable children to meet challenging
State academic standards;
‘‘(10) a description of how the State will ensure
that programs funded under this part include ade-
quate support services for students and their fami-
lies, including counseling, and how the State will co-
ordinate with and use services available through ju-
171
venile justice, mental health, and social services
agencies;
‘‘(11) an assurance that the State and local
educational agencies which receive funds under this
part will use such funds to provide educational serv-
ices to children who have been suspended or expelled
from school; and
‘‘(12) a description of how the State will ensure
the programs funded under this part provide ade-
quate support for students to return to a regular
education setting, if appropriate.
‘‘SEC. 4314. STATE APPLICATION APPROVAL.
‘‘The Secretary shall review the application of a State
educational agency for assistance under this part and shall
approve the application, unless the Secretary makes a de-
termination in writing that such application does not meet
the specific requirements of this part or is of insufficient
quality to meet the goals and purposes of this part.
‘‘SEC. 4315. STATE EDUCATIONAL AGENCY ACTIVITIES.
‘‘(a) REQUIRED USES
OF FUNDS.—A State edu-
cational agency shall use funds reserved under section
4312(c)(2) for the following activities:
‘‘(1) IDENTIFICATION.—Identification and dis-
semination of effective supports, services, and pro-
grams that are consistent with the purpose of this
172
part, based on scientifically based research, to local
educational agencies within the State.
‘‘(2) ASSISTANCE.—Technical assistance de-
signed to improve the performance of supports, serv-
ices, and programs funded under this part.
‘‘(3) EVALUATION.—Evaluation of programs
funded under this part, and dissemination of the
findings of the evaluations.
‘‘(b) PERMISSIVE USES OF FUNDS.—A State edu-
cational agency may use funds reserved under section
4312(c)(2) for the following activities:
‘‘(1) DEVELOPMENT.—Development of effective
supports, services, and programs consistent with the
purpose of this part.
‘‘(2) PROFESSIONAL
DEVELOPMENT.—Profes-
sional development designed to provide teachers,
pupil services personnel, and other related instruc-
tional personnel with skills necessary to integrate be-
havior intervention techniques and methodology into
the academic curriculum used by the State and local
educational agencies to maintain effective discipline
and an environment conducive to learning that re-
duces the need to suspend or expel students.
‘‘(3) OTHER ACTIVITIES.—Any other activities
consistent with the purpose of this part.
173
‘‘SEC. 4316. STATE PERFORMANCE MEASURES.
‘‘Each State educational agency shall establish per-
formance indicators and acceptable goals of progress to
evaluate the effectiveness of programs funded under this
part. Such performance indicators shall include, at a min-
imum:
‘‘(1) reduction in the number of incidents of
disruptive and violent behavior;
‘‘(2) reduction in the number of suspensions
and expulsions;
‘‘(3) reduction in the total amount of time stu-
dents are out of school as a result of being sus-
pended or expelled;
‘‘(4) attainment of challenging State academic
standards by students in programs funded under
this part;
‘‘(5) reduction in dropout rate; and
‘‘(6) an increase in the number of students re-
turning successfully to a regular education program,
as appropriate.
‘‘SEC. 4317. LOCAL EDUCATIONAL AGENCY DISTRIBUTION
OF FUNDS.
‘‘(a) COMPETITIVE GRANTS.—In any fiscal year in
which the total amount provided under section 4004(4)
is less than $350,000,000, the State educational agency
shall distribute funds under section 4312(c)(1) on a com-
174
petitive basis to local educational agencies that have an
approved application under section 4318 and can dem-
onstrate a significant number of incidents of children aged
5 through 21 who have been suspended or expelled from
public school. Such competitive grant process shall—
‘‘(1) give priority to local educational agencies
in which more than 30 percent of the children are
from low-income families as determined under part
A of title I;
‘‘(2) ensure that each grant is sufficient size
and scope so as to be effective;
‘‘(3) ensure, to the extent practicable, the dis-
tribution of grants on an equitable geographic basis,
including selecting agencies that serve urban, subur-
ban, and rural populations; and
‘‘(4) utilize a peer review process to approve ap-
plications.
‘‘(b) FORMULA GRANTS.—
‘‘(1) IN GENERAL.—In any fiscal year for which
the total amount provided under section 4004(4) is
more than, or equal to $350,000,000, the State edu-
cational agency shall distribute funds under section
4312(c)(1) on the following basis:
‘‘(A) 80 percent of such amount shall be
allocated to such local educational agencies in
175
proportion to the number of children, aged 5
through 17, who reside in the school district
served by the local educational agency from
families with incomes 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)) applica-
ble 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 the school districts
served by all the local educational agencies in
the State for that fiscal year.
‘‘(B) 20 percent of such amount shall be
allocated to local educational agencies, based on
the relative enrollments in public and private
nonprofit elementary and secondary schools
within the boundaries of such agencies.
‘‘(2) REALLOCATION.—If a local educational
agency chooses not to apply to receive the amount
allocated to it under paragraph (1), or if such agen-
cy’s application is disapproved by the State edu-
cational agency pursuant to section 4319, the State
educational agency shall reallocate such amount to
176
other local educational agencies on the same basis as
allocations are made under paragraph (1).
‘‘(c) FEDERAL SHARE.—The Federal share of pro-
grams funded under this part shall be 65 percent for local
educational agencies with poverty levels of 30 percent and
above, and 35 percent for local educational agencies with
poverty levels below 30 percent. Local educational agencies
may satisfy the non-Federal share funding requirements
of this section with in-kind contributions and may use
Federal funds, other than those provided under this part,
that may be used to carry out the purpose of this part.
‘‘SEC. 4318. LOCAL APPLICATION.
‘‘In order to be eligible to receive a grant under sec-
tion 4317, for any fiscal year, a local educational agency
shall submit an application to the State educational agen-
cy, at such time, and containing such information as the
State educational agency shall require. Such application
shall, at a minimum, include—
‘‘(1) an assurance that programs shall serve
children aged 5 through 21 who have been sus-
pended or expelled from another public school within
the local educational agency;
‘‘(2) a description of how the local educational
agency will provide, in a safe, orderly, and drug-free
learning environment with trained and qualified
177
staff, educational supports, services, and programs
for students who have been suspended or expelled so
such students are able to meet the State’s chal-
lenging academic standards;
‘‘(3) a description of the plan of the local edu-
cational agency for reducing the number of suspen-
sions and expulsions and reducing the total amount
of time students are out of a regular education set-
ting as a result of being suspended or expelled;
‘‘(4) a plan for training teachers, pupil services
personnel, and other appropriate school staff on ef-
fective strategies for dealing with disruptive stu-
dents;
‘‘(5) a description of how the local educational
agency will involve parents in the education of chil-
dren who have been suspended or expelled, to the ex-
tent possible;
‘‘(6) an assurance that local educational agen-
cies will develop annually increasing program per-
formance goals, consistent with the State’s perform-
ance indicators under section 4316;
‘‘(7) information demonstrating how the appli-
cant will continue the programs and activities devel-
oped under this part after completion of the grant;
178
‘‘(8) an assurance that the program will provide
sufficient support services for children and their
families, including counseling, and will coordinate
with and utilize services provided through juvenile
justice, social service, and mental health agencies;
‘‘(9) an assurance that the program will assist
participating students in making the transition back
to a regular education setting, as appropriate; and
‘‘(10) provide an assurance that such program
will place an emphasis on personal, academic, social,
and workplace skills and behavior modification, as
appropriate.
‘‘SEC. 4319. LOCAL APPLICATION APPROVAL.
‘‘The State educational agency shall review the appli-
cation of a local educational agency for assistance under
this part. For the purposes of grants awarded under sec-
tion 4317(b), such application shall be deemed approved
unless the State makes a determination in writing that
such application does not meet the specific requirements
of this part or is of insufficient quality to meet the goals
and purposes of this part.
‘‘SEC. 4320. LOCAL EDUCATIONAL AGENCY USES OF FUNDS.
‘‘Each local educational agency, with an approved ap-
plication under section 4319, shall use funds provided
179
under section 4317 for one or more of the following activi-
ties, which shall be based on the most relevant research:
‘‘(1) The development, establishment, or im-
provement of alternative schools, either established
within a school or separate and apart from an exist-
ing school, that are designed—
‘‘(A) to reduce disruptive behavior;
‘‘(B) to reduce the need for repeat suspen-
sions and expulsions; and
‘‘(C) to enable students to meet chal-
lenging State academic standards.
‘‘(2) The development, establishment, or im-
provement of alternative supports, services, pro-
grams, and strategies for students served by pro-
grams funded under this part.
‘‘(3) Professional development for teachers, ad-
ministrators, pupil services personnel, and other
school staff on the most effective ways of preventing
students from disrupting class, and for dealing with
those students who disrupt class.
‘‘(4) Mentoring, tutoring, and other services for
students.
‘‘(5) Counseling and mental health services,
such as mental health assessment and counseling,
180
counseling on transitioning to work or other edu-
cational options, and family counseling.
‘‘(6) Programs in such areas as conflict resolu-
tion, peer mediation, character education, social
skills building, alcohol, drug, and violence preven-
tion, and behavior interventions.
‘‘(7) Programs providing sufficient support
services for children and their families, including
counseling, and coordination with and utilization of
services provided through juvenile justice, social
service, and mental health agencies.
‘‘(8) Activities to assist students in making the
transition back to regular school programs, as ap-
propriate.
‘‘(9) Programs to assist students to meet chal-
lenging academic standards.
‘‘(10) Other programs and activities consistent
with the purpose of this part.
‘‘SEC. 4321. PROGRAM EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State educational
agency receiving funds under this part shall evaluate the
effectiveness of programs and activities carried out under
this part in reducing the need to suspend or expel students
and in helping students who have been suspended or ex-
pelled to meet the State’s challenging academic standards.
181
‘‘(2) In evaluating local programs, the State edu-
cational agency shall, as appropriate, review performance
data based on the attainment of the goals established by
local 
educational 
agencies 
under 
section 
4318(6),
disaggregated, as appropriate, on the basis of gender,
race, ethnicity, migrant status, limited English proficiency
status, disability, primary versus secondary education, and
economic status.
‘‘(b) EVALUATION RESULTS, CORRECTIVE ACTION,
AND TERMINATION OF FUNDS.—
‘‘(1) RESULTS.—Each State shall submit the
results of its evaluation to the Secretary in an an-
nual report. The Secretary shall submit a summary
of the annual reports to both the Committee on
Education and the Workforce of the House of Rep-
resentatives and the Health, Education, Labor, and
Pensions Committee of the Senate.
‘‘(2) DISTRIBUTION.—The State shall distribute
the results of the evaluation of individual programs
to each evaluated program.
‘‘(3) INSUFFICIENT
PROGRESS.—If the State
educational agency determines that a local edu-
cational agency’s program under this part did not
make sufficient progress toward the performance in-
dicators established by the State educational agency
182
based on the goals described in section 4318(6), the
State educational agency shall provide technical as-
sistance to such program. After two consecutive
years of failure by a program to make sufficient
progress toward the levels of performance estab-
lished by the State educational agency, the State
educational agency shall take such action as may be
necessary, including the withdrawal of funds, in
whole or in part, from such program.
‘‘SEC. 4322. NATIONAL ACTIVITIES AND EVALUATION.
‘‘(a) EVALUATION BY THE SECRETARY.—The Sec-
retary shall evaluate a representative sample of the pro-
grams funded under this part, and shall report the find-
ings of the evaluation to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate not later than 3 years after the first grants
are made under this part.
‘‘(b) RESEARCH.—The Secretary shall conduct re-
search to develop and identify proven alternative education
practices. The Secretary shall disseminate such alternative
education practices to State educational agencies and local
educational agencies receiving funds under this title.
‘‘(c) OTHER NATIONAL ACTIVITIES.—The Secretary
may directly, or through grants or contracts, carry out
183
programs and activities consistent with the purpose of this
part, such as collection of data, dissemination of informa-
tion, and development of model programs and activities.
‘‘SEC. 4323. SPECIAL RULE.
‘‘(a) CONSTRUCTION.—Nothing in this part shall be
construed to affect the requirements of the Individuals
with Disabilities Education Act or the Gun-Free Schools
Act.
‘‘(b) SUPPLEMENT.—Funds made available under
this part shall be used to supplement, and shall not sup-
plant, non-Federal funds available to carry out programs
and activities authorized by this part.
‘‘PART D—RESOURCE STAFF FOR STUDENTS
‘‘SEC. 4411. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Although 7,500,000 children under the age
of 18 require mental health services, fewer than 1 in
5 of these children receive the services.
‘‘(2) Across the United States, counseling pro-
fessionals have an extremely busy caseload and often
students do no get the help they need. The current
national average ratio of students to counselors in
elementary and secondary schools is 513:1.
184
‘‘(3) Schools in the United States need more
mental health professionals, and the funds needed to
hire staff to specifically serve students.
‘‘(4) The maximum recommended ratio of stu-
dents-to-counselors is 250:1.
‘‘(5) Existing counselors are severely taxed to
perform duties that are largely administrative in na-
ture, such as scheduling. They are burdened with
many demands regarding placement in colleges, test-
ing, career guidance, and the like.
‘‘(6) Student populations are expected to grow
significantly over the next few years. School-based
services for students will be in great demand. With
expected large scale retirements, more than 100,000
new dedicated resource staff for students will be
needed to increase student-to-staff service avail-
ability.
‘‘(7) The Federal support for reducing the stu-
dent-to-staff ratio would pay for itself, through re-
duced violence and substance abuse, and through
improvements in students’ academic achievement.
‘‘SEC. 4412. PURPOSE.
‘‘The purpose of this part is to assist States and local
educational agencies to recruit, train, and hire 100,000
185
school-based resource staff to specifically work with
students—
‘‘(1) to reduce the student-to-counseling ratios
nationally, in grades 6–12, to an average of 1 such
staff for every 250 students as recommended in a
report by the Institute of Medicine of the National
Academy of Sciences relating to schools and health,
issued in 1997;
‘‘(2) to help address the mental, emotional, and
developmental needs of public school students; and
‘‘(3) to support other school staff and teachers
in reaching students early before problems arise,
conducting behavioral interventions to improve
school discipline, and developing the awareness and
skills to identify early warning signs of violence and
the need for mental health services.
‘‘SEC. 4413. STUDENT RESOURCE STAFF PROGRAM.
‘‘(a) IN GENERAL.—From funds provided under sec-
tion 4004(s), the Secretary shall award grants under this
part to establish or expand the number of resource staff
available for students’ needs.
‘‘(1) 
DISTRIBUTION.—In 
awarding 
grants
under this part, the Secretary shall allocate funds
proportionately based on the population that is less
186
than 18 years of age in each local educational agen-
cy.
‘‘(2) DURATION.—A grant under this section
shall be awarded for a period not to exceed 3 years.
‘‘(b) APPLICATIONS.—
‘‘(1) IN
GENERAL.—Each local educational
agency desiring a grant under this section shall sub-
mit an application to the Secretary at such time, in
such manner, and accompanied by such information
as the Secretary may reasonably require.
‘‘(2) CONTENTS.—Each application for a grant
under this section shall—
‘‘(A) describe the secondary public school
population to be targeted by the program, the
particular personal, social, emotional, education,
and career development needs of such popu-
lation, and the current school counseling re-
sources available for meeting such needs;
‘‘(B) describe the activities, services, and
training to be provided by the program and the
specific approaches to be used to meet the
needs described in subparagraph (A);
‘‘(C) describe the methods to be used to
evaluate the outcomes and effectiveness of the
program; and
187
‘‘(D) document that the applicant has the
personnel qualified to develop, implement, and
administer the program.
‘‘(c) USE OF FUNDS.—Funds under this section shall
be used to initiate or expand student resource staff pro-
grams that carry out the purpose under section.‘‘(d) DEFI-
NITIONS.—For the purpose of this part the term ‘resource
staff’ means an individual who has documented com-
petence and training in mental health to be able to provide
services to children and adolescents in a school setting and
who—
‘‘(1) possesses State licensure or certification in
mental health granted by an independent profes-
sional regulatory authority;
‘‘(2) in the absence of such State licensure or
certification, possesses national certification in men-
tal health or in a related specialty granted by an
independent professional organization;
‘‘(3) holds at least a master’s degree in school
counseling from a program accredited by the Council
for Accreditation of Counseling and Related Edu-
cational Programs or an equivalent degree;
‘‘(4) possesses a minimum of 60 graduate se-
mester hours in school psychology from an institu-
tion of higher education and has completed 1,200
188
clock hours in a supervised school psychology intern-
ship, of which 600 hours shall be in the school set-
ting, and possesses State licensure or certification in
school psychology in the State in which the indi-
vidual works; or
‘‘(5) holds a master’s degree in social work and
is licensed or certified by the State in which services
are to be provided or holds a school social work spe-
cialist credential.
‘‘PART E—PROJECT SERV
‘‘SEC. 4510. PROJECT SERV.
‘‘(a) PROJECT SERV.—(1) From funds appropriated
to carry out this part for each fiscal year under section
4004(6), the Secretary is authorized to carry out a pro-
gram of providing education-related services to local edu-
cational agencies in which the learning environment has
been disrupted due to a violent or traumatic crisis, such
as a shooting or major accident. Such program may be
referred to as ‘Project SERV’.
‘‘(2) The Secretary may carry out Project SERV di-
rectly, or through grants, contacts, or cooperative agree-
ments with public and private organizations, agencies, and
individuals, or through agreements with other Federal
agencies.
189
‘‘(b) AUTHORIZED ACTIVITIES.—(1) Project SERV
may provide—
‘‘(A) assistance to school personnel in assessing
a crisis situation, including—
‘‘(i) assessing the resources available to the
local educational agency and community to re-
spond to the situation; and
‘‘(ii) developing a response plan to coordi-
nate services provided at the Federal, State,
and local level;
‘‘(B) mental health crisis counseling to students
and their families, teachers, and others in need of
such services;
‘‘(C) increased school security;
‘‘(D) training and technical assistance for State
and local educational agencies, State and local men-
tal health agencies, State and local law enforcement
agencies, and communities to enhance their capacity
to develop and implement crisis intervention plans;
‘‘(E) services and activities designed to identify
and disseminate the best practices of school and
community-related plans for responding to crises;
and
‘‘(F) other needed services and activities that
are consistent with the purposes of this part.