H. R. 6—306
programs for the identification and education of gifted and
talented students and the appropriate use of gifted and talented
programs and methods to serve all students;
‘‘(6) programs of technical assistance and information
dissemination, including how gifted and talented programs and
methods, where appropriate, may be adapted for use by all
students; and
‘‘(7) carrying out—
‘‘(A) research on methods and techniques for identifying
and teaching gifted and talented students, and for using
gifted and talented programs and methods to serve all
students; and
‘‘(B) program evaluations, surveys, and the collection,
analysis, and development of information needed to accom-
plish the purposes of this part.
‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—
‘‘(1) IN GENERAL.—The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall establish a National Center for Research and
Development in the Education of Gifted and Talented Children
and Youth through grants to or contracts with one or more
institutions of higher education or State educational agency,
or a combination or consortium of such institutions and agen-
cies, for the purpose of carrying out activities described in
paragraph (7) of subsection (b).
‘‘(2) DIRECTOR.—Such National Center shall have a Direc-
tor. The Secretary may authorize the Director to carry out
such functions of the National Center as may be agreed upon
through arrangements with other institutions of higher edu-
cation, State or local educational agencies, or other public or
private agencies and organizations.
‘‘(d) LIMITATION.—Not more than 30 percent of the funds avail-
able in any fiscal year to carry out the programs and projects
authorized by this section may be used to conduct activities pursu-
ant to subsection (b)(7) or (c).
‘‘(e) COORDINATION.—Research activities supported under this
section—
‘‘(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by such Office; and
‘‘(2) may include collaborative research activities which
are jointly funded and carried out with such Office.
‘‘SEC. 10205. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In the administration of this part
the Secretary shall give highest priority—
‘‘(1) to the identification of and the provision of services
to gifted and talented students who may not be identified
and served through traditional assessment methods (including
economically disadvantaged individuals, individuals of limited-
English proficiency, and individuals with disabilities); and
‘‘(2) to programs and projects designed to develop or
improve the capability of schools in an entire State or region
of the Nation through cooperative efforts and participation of
State and local educational agencies, institutions of higher edu-
cation, and other public and private agencies and organizations
H. R. 6—307
(including business, industry, and labor), to plan, conduct, and
improve programs for the identification of and service to gifted
and talented students, such as mentoring and apprenticeship
programs.
‘‘(b) SERVICE PRIORITY.—In approving applications for assist-
ance under section 10204(a)(2), the Secretary shall assure that
in each fiscal year at least one-half of the applications approved
under such section address the priority described in subsection
(a)(1).
‘‘SEC. 10206. GENERAL PROVISIONS.
‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACH-
ERS.—In making grants and entering into contracts under this
part, the Secretary shall ensure, where appropriate, that provision
is made for the equitable participation of students and teachers
in private nonprofit elementary and secondary schools, including
the participation of teachers and other personnel in professional
development programs serving such children.
‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary
shall—
‘‘(1) use a peer review process in reviewing applications
under this part;
‘‘(2) ensure that information on the activities and results
of programs and projects funded under this part is disseminated
to appropriate State and local agencies and other appropriate
organizations, including nonprofit private organizations; and
‘‘(3) evaluate the effectiveness of programs under this part
in accordance with section 14701, both in terms of the impact
on students traditionally served in separate gifted and talented
programs and on other students, and submit the results of
such evaluation to Congress not later than January 1, 1998.
‘‘(c) PROGRAM OPERATIONS.—The Secretary shall ensure that
the programs under this part are administered within the Depart-
ment by a person who has recognized professional qualifications
and experience in the field of the education of gifted and talented
students and who shall—
‘‘(1) administer the programs authorized by this part;
‘‘(2) coordinate all programs for gifted and talented students
administered by the Department;
‘‘(3) serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and pro-
grams designed to meet such needs; and
‘‘(4) assist the Assistant Secretary of the Office of Edu-
cational Research and Improvement in identifying research
priorities which reflect the needs of gifted and talented stu-
dents.
‘‘SEC. 10207. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $10,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the
four succeeding fiscal years to carry out the provisions of this
part.
‘‘PART C—PUBLIC CHARTER SCHOOLS
‘‘SEC. 10301. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
H. R. 6—308
‘‘(1) enhancement of parent and student choices among
public schools can assist in promoting comprehensive edu-
cational reform and give more students the opportunity to
learn to challenging State content standards and challenging
State student performance standards, if sufficiently diverse
and high-quality choices, and genuine opportunities to take
advantage of such choices, are available to all students;
‘‘(2) useful examples of such choices can come from States
and communities that experiment with methods of offering
teachers and other educators, parents, and other members of
the public the opportunity to design and implement new public
schools and to transform existing public schools;
‘‘(3) charter schools are a mechanism for testing a variety
of educational approaches and should, therefore, be exempted
from restrictive rules and regulations if the leadership of such
schools commits to attaining specific and ambitious educational
results for educationally disadvantaged students consistent
with challenging State content standards and challenging State
student performance standards for all students;
‘‘(4) charter schools, as such schools have been implemented
in a few States, can embody the necessary mixture of enhanced
choice, exemption from restrictive regulations, and a focus on
learning gains;
‘‘(5) charter schools, including charter schools that are
schools-within-schools, can help reduce school size, which reduc-
tion can have a significant effect on student achievement;
‘‘(6) the Federal Government should test, evaluate, and
disseminate information on a variety of charter school models
in order to help demonstrate the benefits of this promising
educational reform; and
‘‘(7) there is a strong documented need for cash-flow assist-
ance to charter schools that are starting up, because State
and local operating revenue streams are not immediately avail-
able.
‘‘(b) PURPOSE.—It is the purpose of this part to increase national
understanding of the charter schools model by—
‘‘(1) providing financial assistance for the design and initial
implementation of charter schools; and
‘‘(2) evaluating the effects of such schools, including the
effects on students, student achievement, staff, and parents.
‘‘SEC. 10302. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary may award grants to State
educational agencies having applications approved pursuant to sec-
tion 10303 to enable such agencies to conduct a charter school
grant program in accordance with this part.
‘‘(b) SPECIAL RULE.—If a State educational agency elects not
to participate in the program authorized by this part or does not
have an application approved under section 10303, the Secretary
may award a grant to an eligible applicant that serves such State
and has an application approved pursuant to section 10303(c).
‘‘(c) PROGRAM PERIODS.—
‘‘(1) GRANTS TO STATES.—Grants awarded to State edu-
cational agencies under this part shall be awarded for a period
of not more than 3 years.
‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants awarded by
the Secretary to eligible applicants or subgrants awarded by
H. R. 6—309
State educational agencies to eligible applicants under this
part shall be awarded for a period of not more than 3 years,
of which the eligible applicant may use—
‘‘(A) not more than 18 months for planning and pro-
gram design; and
‘‘(B) not more than 2 years for the initial implementa-
tion of a charter school.
‘‘(d) LIMITATION.—The Secretary shall not award more than
one grant and State educational agencies shall not award more
than one subgrant under this part to support a particular charter
school.
‘‘SEC. 10303. APPLICATIONS.
‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each State edu-
cational agency desiring a grant from the Secretary under this
part shall submit to the Secretary an application at such time,
in such manner, and containing or accompanied by such information
as the Secretary may require.
‘‘(b) CONTENTS
OF
A STATE EDUCATIONAL AGENCY APPLICA-
TION.—Each application submitted pursuant to subsection (a)
shall—
‘‘(1) describe the objectives of the State educational agency’s
charter school grant program and a description of how such
objectives will be fulfilled, including steps taken by the State
educational agency to inform teachers, parents, and commu-
nities of the State educational agency’s charter school grant
program;
‘‘(2) contain assurances that the State educational agency
will require each eligible applicant desiring to receive a
subgrant to submit an application to the State educational
agency containing—
‘‘(A) a description of the educational program to be
implemented by the proposed charter school, including—
‘‘(i) how the program will enable all students to
meet challenging State student performance standards;
‘‘(ii) the grade levels or ages of children to be
served; and
‘‘(iii) the curriculum and instructional practices to
be used;
‘‘(B) a description of how the charter school will be
managed;
‘‘(C) a description of—
‘‘(i) the objectives of the charter school; and
‘‘(ii) the methods by which the charter school will
determine its progress toward achieving those objec-
tives;
‘‘(D) a description of the administrative relationship
between the charter school and the authorized public
chartering agency;
‘‘(E) a description of how parents and other members
of the community will be involved in the design and
implementation of the charter school;
‘‘(F) a description of how the authorized public charter-
ing agency will provide for continued operation of the school
once the Federal grant has expired, if such agency deter-
mines that the school has met the objectives described
in subparagraph (C)(i);
H. R. 6—310
‘‘(G) a request and justification for waivers of any
Federal statutory or regulatory provisions that the
applicant believes are necessary for the successful operation
of the charter school, and a description of any State or
local rules, generally applicable to public schools, that will
be waived for, or otherwise not apply to, the school;
‘‘(H) a description of how the subgrant funds or grant
funds, as appropriate, will be used, including a description
of how such funds will be used in conjunction with other
Federal programs administered by the Secretary;
‘‘(I) a description of how students in the community
will be—
‘‘(i) informed about the charter school; and
‘‘(ii) given an equal opportunity to attend the char-
ter school;
‘‘(J) an assurance that the eligible applicant will
annually provide the Secretary and the State educational
agency such information as may be required to determine
if the charter school is making satisfactory progress toward
achieving the objectives described in subparagraph (C)(i);
‘‘(K) an assurance that the applicant will cooperate
with the Secretary and the State educational agency in
evaluating the program assisted under this part; and
‘‘(L) such other information and assurances as the Sec-
retary and the State educational agency may require.
‘‘(c) CONTENTS
OF ELIGIBLE APPLICANT APPLICATION.—Each
eligible applicant desiring a grant pursuant to section 10302(e)(1)
or 10302(b) shall submit an application to the State educational
agency or Secretary, respectively, at such time, in such manner,
and accompanied by such information as the State educational
agency or Secretary, respectively, may reasonably require.
‘‘(d) CONTENTS OF APPLICATION.—Each application submitted
pursuant to subsection (c) shall contain—
‘‘(1) the information and assurances described in subpara-
graphs (A) through (L) of subsection (b)(3), except that for
purposes of this subsection subparagraphs (I), (J), and (K)
of such subsection shall be applied by striking ‘and the State
educational agency’ each place such term appears; and
‘‘(2) assurances that the State educational agency—
‘‘(A) will grant, or will obtain, waivers of State statu-
tory or regulatory requirements; and
‘‘(B) will assist each subgrantee in the State in receiv-
ing a waiver under section 10304(e).
‘‘SEC. 10304. ADMINISTRATION.
‘‘(a) SELECTION CRITERIA FOR STATE EDUCATIONAL AGENCIES.—
The Secretary shall award grants to State educational agencies
under this part on the basis of the quality of the applications
submitted under section 10303(b), after taking into consideration
such factors as—
‘‘(1) the contribution that the charter schools grant program
will make to assisting educationally disadvantaged and other
students to achieving State content standards and State student
performance standards and, in general, a State’s education
improvement plan;
H. R. 6—312
‘‘(3) ALLOWABLE ACTIVITIES.—An eligible applicant receiv-
ing a grant or subgrant under this part may use the grant
or subgrant funds only for—
‘‘(A) post-award planning and design of the educational
program, which may include—
‘‘(i) refinement of the desired educational results
and of the methods for measuring progress toward
achieving those results; and
‘‘(ii) professional development of teachers and other
staff who will work in the charter school; and
‘‘(B) initial implementation of the charter school, which
may include—
‘‘(i) informing the community about the school;
‘‘(ii) acquiring necessary equipment and edu-
cational materials and supplies;
‘‘(iii) acquiring or developing curriculum materials;
and
‘‘(iv) other initial operational costs that cannot be
met from State or local sources.
‘‘(4) ADMINISTRATIVE
EXPENSES.—Each State educational
agency receiving a grant pursuant to this part may reserve
not more than 5 percent of such grant funds for administrative
expenses associated with the charter school grant program
assisted under this part.
‘‘(5) REVOLVING
LOAN
FUNDS.—Each State educational
agency receiving a grant pursuant to this part may reserve
not more than 20 percent of the grant amount for the establish-
ment of a revolving loan fund. Such fund may be used to
make loans to eligible applicants that have received a subgrant
under this part, under such terms as may be determined by
the State educational agency, for the initial operation of the
charter school grant program of such recipient until such time
as the recipient begins receiving ongoing operational support
from State or local financing sources.
‘‘SEC. 10305. NATIONAL ACTIVITIES.
‘‘The Secretary may reserve not more than ten percent of the
funds available to carry out this part for any fiscal year for—
‘‘(1) peer review of applications under section 10304(c);
‘‘(2) an evaluation of the impact of charter schools on stu-
dent achievement, including those assisted under this part;
and
‘‘(3) other activities designed to enhance the success of
the activities assisted under this part, such as—
‘‘(A) development and dissemination of model State
charter school laws and model contracts or other means
of authorizing and monitoring the performance of charter
schools; and
‘‘(B) collection and dissemination of information on
successful charter schools.
‘‘SEC. 10306. DEFINITIONS.
‘‘As used in this part:
‘‘(1) The term ‘charter school’ means a public school that—
‘‘(A) in accordance with an enabling State statute, is
exempted from significant State or local rules that inhibit
the flexible operation and management of public schools,
H. R. 6—313
but not from any rules relating to the other requirements
of this paragraph;
‘‘(B) is created by a developer as a public school, or
is adapted by a developer from an existing public school,
and is operated under public supervision and direction;
‘‘(C) operates in pursuit of a specific set of educational
objectives determined by the school’s developer and agreed
to by the authorized public chartering agency;
‘‘(D) provides a program of elementary or secondary
education, or both;
‘‘(E) is nonsectarian in its programs, admissions poli-
cies, employment practices, and all other operations, and
is not affiliated with a sectarian school or religious institu-
tion;
‘‘(F) does not charge tuition;
‘‘(G) complies with the Age Discrimination Act of 1975,
title VI of the Civil Rights Act of 1964, title IX of the
Education Amendments of 1972, section 504 of the
Rehabilitation Act of 1973, and part B of the Individuals
with Disabilities Education Act;
‘‘(H) admits students on the basis of a lottery, if more
students apply for admission than can be accommodated;
‘‘(I) agrees to comply with the same Federal and State
audit requirements as do other elementary and secondary
schools in the State, unless such requirements are specifi-
cally waived for the purpose of this program;
‘‘(J) meets all applicable Federal, State, and local
health and safety requirements; and
‘‘(K) operates in accordance with State law.
‘‘(2) The term ‘developer’ means an individual or group
of individuals (including a public or private nonprofit organiza-
tion), which may include teachers, administrators and other
school staff, parents, or other members of the local community
in which a charter school project will be carried out.
‘‘(3) The term ‘eligible applicant’ means an authorized pub-
lic chartering agency participating in a partnership with a
developer to establish a charter school in accordance with this
part.
‘‘(4) The term ‘authorized public chartering agency’ means
a State educational agency, local educational agency, or other
public entity that has the authority pursuant to State law
and approved by the Secretary to authorize or approve a charter
school.
‘‘SEC. 10307. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are authorized
to be appropriated $15,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the four succeeding fiscal years.
‘‘PART D—ARTS IN EDUCATION
‘‘Subpart 1—Arts Education
‘‘SEC. 10401. SUPPORT FOR ARTS EDUCATION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the arts are forms of understanding and ways of know-
ing that are fundamentally important to education;
H. R. 6—314
‘‘(2) the arts are important to excellent education and to
effective school reform;
‘‘(3) the most significant contribution of the arts to edu-
cation reform is the transformation of teaching and learning;
‘‘(4) such transformation is best realized in the context
of comprehensive, systemic education reform;
‘‘(5) demonstrated competency in the arts for American
students is among the National Education Goals;
‘‘(6) participation in performing arts activities has proven
to be an effective strategy for promoting the inclusion of persons
with disabilities in mainstream settings;
‘‘(7) opportunities in the arts have enabled persons of all
ages with disabilities to participate more fully in school and
community activities;
‘‘(8) the arts can motivate at-risk students to stay in school
and become active participants in the educational process; and
‘‘(9) arts education should be an integral part of the
elementary and secondary school curriculum.
‘‘(b) PURPOSES.—The purposes of this subpart are to—
‘‘(1) support systemic education reform by strengthening
arts education as an integral part of the elementary and second-
ary school curriculum;
‘‘(2) help ensure that all students have the opportunity
to learn to challenging State content standards and challenging
State student performance standards in the arts; and
‘‘(3) support the national effort to enable all students to
demonstrate competence in the arts in accordance with the
National Education Goals.
‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out the purposes
of this subpart, the Secretary is authorized to award grants to,
or enter into contracts or cooperative agreements with—
‘‘(1) State educational agencies;
‘‘(2) local educational agencies;
‘‘(3) institutions of higher education;
‘‘(4) museums and other cultural institutions; and
‘‘(5) other public and private agencies, institutions, and
organizations.
‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this subpart may
be used for—
‘‘(1) research on arts education;
‘‘(2) the development of, and dissemination of information
about, model arts education programs;
‘‘(3) the development of model arts education assessments
based on high standards;
‘‘(4) the development and implementation of curriculum
frameworks for arts education;
‘‘(5) the development of model preservice and inservice
professional development programs for arts educators and other
instructional staff;
‘‘(6) supporting collaborative activities with other Federal
agencies or institutions involved in arts education, such as
the National Endowment for the Arts, the Institute of Museum
Services, the John F. Kennedy Center for the Performing Arts,
Very Special Arts, and the National Gallery of Art;
‘‘(7) supporting model projects and programs in the
performing arts for children and youth through arrangements
H. R. 6—315
made with the John F. Kennedy Center for the Performing
Arts;
‘‘(8) supporting model projects and programs by Very Spe-
cial Arts which assure the participation in mainstream settings
in arts and education programs of individuals with disabilities;
‘‘(9) supporting model projects and programs to integrate
arts education into the regular elementary and secondary school
curriculum; and
‘‘(10) other activities that further the purposes of this
subpart.
‘‘(e) COORDINATION.—
‘‘(1) IN GENERAL.—A recipient of funds under this subpart
shall, to the extent possible, coordinate projects assisted under
this subpart with appropriate activities of public and private
cultural agencies, institutions, and organizations, including
museums, arts education associations, libraries, and theaters.
‘‘(2) SPECIAL RULE.—In carrying out this subpart, the Sec-
retary shall coordinate with the National Endowment for the
Arts, the Institute of Museum Services, the John F. Kennedy
Center for the Performing Arts, Very Special Arts, and the
National Gallery of Art.
‘‘(f) AUTHORIZATION.—
‘‘(1) IN GENERAL.—For the purpose of carrying out this
subpart, there are authorized to be appropriated $11,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
‘‘(2) SPECIAL
RULE.—If the amount appropriated under
paragraph (1) for any fiscal year is $9,000,000 or less, then
such amount shall only be available to carry out the activities
described in paragraphs (7) and (8) of subsection (d).
‘‘Subpart 2—Cultural Partnerships for At-Risk
Children and Youth
‘‘SEC. 10411. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds:
‘‘(1) With local school budget cuts there are inadequate
arts and cultural programs available for children and youth
in schools, especially at the elementary school level.
‘‘(2) The arts promote progress in academic subjects as
shown by research conducted by the National Endowment for
the Arts.
‘‘(3) Children and youth who receive instruction in the
arts and humanities, or who are involved in cultural activities,
remain in school longer and are more successful than children
who do not receive such instruction.
‘‘(4) Learning in the arts and humanities promotes progress
in other academic subjects, and generates positive self-esteem
and a greater sense of accomplishment in young people.
‘‘(5) School-university and school-cultural institution part-
nerships that upgrade teacher training in the arts and human-
ities have significantly contributed to improved instruction and
achievement levels of school-aged children.
‘‘(6) Museum outreach, cultural activities and informal edu-
cation for at-risk children and youth have contributed signifi-
cantly to the educational achievement and enhanced interest
in learning of at-risk children and youth.