103D CONGRESS
2D SESSION
H. R. 1804
AMENDMENT
February 23 (legislative day, February 22),
1994
Ordered to be printed as passed
February 23 (legislative day, February 22), 1994
Ordered to be printed as passed
In the Senate of the United States,
February 8 (legislative day, January 25), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 1804) entitled ‘‘An Act to improve learning and
teaching by providing a national framework for education re-
form; to promote the research, consensus building, and sys-
temic changes needed to ensure equitable educational oppor-
tunities and high levels of educational achievement for all
American students; to provide a framework for reauthoriza-
tion of all Federal education programs; to promote the devel-
opment and adoption of a voluntary national system of skill
standards and certifications; and for other purposes’’, do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—Titles I through IV of this Act
may be cited as the ‘‘Goals 2000: Educate America Act’’.
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(b) TABLE OF CONTENTS.—The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I—NATIONAL EDUCATION GOALS
Sec. 101. Purpose.
Sec. 102. National education goals.
TITLE II—NATIONAL EDUCATION REFORM LEADERSHIP,
STANDARDS, AND ASSESSMENTS
PART A—NATIONAL EDUCATION GOALS PANEL
Sec. 201. Purpose.
Sec. 202. National education goals panel.
Sec. 203. Duties.
Sec. 204. Powers of the goals panel.
Sec. 205. Administrative provisions.
Sec. 206. Director and staff; experts and consultants.
Sec. 207. Early childhood assessment.
PART B—NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL
Sec. 211. Purpose.
Sec. 212. National Education Standards and Improvement Council.
Sec. 213. Duties.
Sec. 214. Annual reports.
Sec. 215. Powers of the council.
Sec. 216. Administrative provisions.
Sec. 217. Director and staff; experts and consultants.
Sec. 218. Opportunity-to-learn development grants.
PART C—LEADERSHIP IN EDUCATIONAL TECHNOLOGY
Sec. 221. Purposes.
Sec. 222. Federal leadership.
Sec. 223. Office of Educational Technology.
Sec. 224. Uses of funds.
Sec. 225. Non-Federal share.
Sec. 226. Office of Training Technology Transfer.
PART D—AUTHORIZATION OF APPROPRIATIONS
Sec. 231. Authorization of appropriations.
TITLE III—STATE AND LOCAL EDUCATION SYSTEMIC
IMPROVEMENT
Sec. 301. Findings.
Sec. 302. Purpose.
Sec. 303. Authorization of appropriations.
Sec. 304. Allotment of funds.
Sec. 305. State applications.
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(1) IN GENERAL.—The members appointed pur-
suant to subsection (b)(2) shall be appointed as fol-
lows:
(A) If the Chairperson of the National Gov-
ernors’ Association is from the same political
party as the President, the Chairperson shall ap-
point 3 individuals and the Vice Chairperson of
such association shall appoint 5 individuals.
(B) If the Chairperson of the National Gov-
ernors’ Association is from the opposite political
party as the President, the Chairperson shall ap-
point 5 individuals and the Vice Chairperson of
such association shall appoint 3 individuals.
(2) SPECIAL RULE.—If the National Governors’
Association has appointed a panel that meets the re-
quirements of subsections (b) and (c), except for the
requirements of paragraph (4) of subsection (b), prior
to the date of enactment of this Act, then the members
serving on such panel shall be deemed to be in com-
pliance with the provisions of such subsections and
shall not be required to be reappointed pursuant to
such subsections.
(d) TERMS.—The terms of service of members shall be
as follows:
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(1) PRESIDENTIAL APPOINTEES.—Members ap-
pointed under subsection (b)(1) shall serve at the
pleasure of the President.
(2) GOVERNORS.—Members appointed under
paragraph (2) of subsection (b) shall serve a 2-year
term, except that the initial appointments under such
paragraph shall be made to ensure staggered terms
with one-half of such members’ terms concluding every
2 years.
(3) CONGRESSIONAL
APPOINTEES
AND
STATE
LEGISLATORS.—Members 
appointed 
under 
para-
graphs (3) and (4) of subsection (b) shall serve for 2-
year terms.
(e) DATE
OF APPOINTMENT.—The initial members
shall be appointed not later than 60 days after the date
of enactment of this Act.
(f) INITIATION.—The Goals Panel may begin to carry
out its duties under this part when 10 members of the Goals
Panel have been appointed.
(g) VACANCIES.—A vacancy on the Goals Panel shall
not affect the powers of the Goals Panel, but shall be filled
in the same manner as the original appointment.
(h) TRAVEL.—Each member may be allowed travel ex-
penses, including per diem in lieu of subsistence, as author-
ized by section 5703 of title 5, United States Code, for each
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day the member is engaged in the performance of duties
for the Goals Panel away from the home or regular place
of business of the member.
(i) CHAIRPERSON.—
(1) IN GENERAL.—The members shall select a
Chairperson from among the members described in
paragraph (2) of subsection (b).
(2) TERM
AND
POLITICAL
AFFILIATION.—The
Chairperson of the Goals Panel shall serve a 1-year
term and shall alternate between political parties.
SEC. 203. DUTIES.
(a) IN GENERAL.—The Goals Panel shall—
(1) report on the progress the Nation and the
States are making toward achieving the National
Education Goals described in title I, including issu-
ing an annual national report card;
(2) submit to the President nominations for ap-
pointment to the National Education Standards and
Improvement Council in accordance with subsections
(b) and (c) of section 212;
(3) review and approve (or explain why ap-
proval is withheld) the—
(A) criteria developed by the National Edu-
cation Standards and Improvement Council for
the certification of content and student perform-
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ance standards, assessments or systems of assess-
ments, and opportunity-to-learn standards; and
(B) voluntary national content standards,
voluntary national student performance stand-
ards and voluntary national opportunity-to-
learn standards certified by such Council;
(4) report on promising or effective actions being
taken at the national, State, and local levels, and in
the public and private sectors, to achieve the National
Education Goals; and
(5) help build a nationwide, bipartisan consen-
sus for the reforms necessary to achieve the National
Education Goals.
(b) NATIONAL REPORT CARD.—
(1) IN GENERAL.—The Goals Panel shall annu-
ally prepare and submit to the President, the Sec-
retary, the appropriate committees of the Congress,
and the Governor of each State a national report card
that shall—
(A) report on the progress of the United
States toward achieving the National Education
Goals; and
(B) identify actions that should be taken by
Federal, State, and local governments to enhance
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progress toward achieving the National Edu-
cation Goals.
(2) FORM; DATA.—National report cards shall be
presented in a form, and include data, that is under-
standable to parents and the general public.
SEC. 204. POWERS OF THE GOALS PANEL.
(a) HEARINGS.—
(1) IN GENERAL.—The Goals Panel shall, for the
purpose of carrying out this part, conduct such hear-
ings, sit and act at such times and places, take such
testimony, and receive such evidence, as the Goals
Panel considers appropriate.
(2) REPRESENTATION.—In carrying out this
part, the Goals Panel shall conduct hearings to re-
ceive reports, views, and analyses of a broad spectrum
of experts and the public on the establishment of vol-
untary national content, voluntary national student
performance standards, voluntary national oppor-
tunity-to-learn standards, and State assessments or
systems of assessments described in section 213(e).
(b) INFORMATION.—The Goals Panel may secure di-
rectly from any department or agency of the Federal Gov-
ernment information necessary to enable the Goals Panel
to carry out this part. Upon request of the Chairperson of
the Goals Panel, the head of any such department or agency
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shall furnish such information to the Goals Panel to the
extent permitted by law.
(c) POSTAL SERVICES.—The Goals Panel may use the
United States mail in the same manner and under the same
conditions as departments and agencies of the Federal Gov-
ernment.
(d) GIFTS; USE OF FACILITIES.—The Goals Panel
may—
(1) accept, administer, and utilize gifts or dona-
tions of services, money, or property, whether real or
personal, tangible or intangible; and
(2) use the research, equipment, services, and fa-
cilities of any department, agency or instrumentality
of the Federal Government, or of any State or politi-
cal subdivision thereof with the consent of such de-
partment, agency, instrumentality, State or subdivi-
sion, respectively.
(e) ADMINISTRATIVE
ARRANGEMENTS
AND
SUP-
PORT.—
(1) IN GENERAL.—The Secretary shall provide to
the Goals Panel, on a reimbursable basis, such ad-
ministrative support services as the Goals Panel may
request.
(2) CONTRACTS AND OTHER ARRANGEMENTS.—
The Secretary shall, to the extent appropriate, and on
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sions of chapter 51 and subchapter III of chapter 53
of that title relating to classification and General
Schedule pay rates, but shall not be paid a rate that
exceeds the maximum rate of basic pay payable for
GS–15 of the General Schedule.
(2) ADDITIONAL EMPLOYEES.—The Director may
appoint additional employees to serve as staff to the
Goals Panel in accordance with title 5, United States
Code.
(c) EXPERTS AND CONSULTANTS.—The Goals Panel
may procure temporary and intermittent services of experts
and consultants under section 3109(b) of title 5, United
States Code.
(d) STAFF OF FEDERAL AGENCIES.—Upon the request
of the Goals Panel, the head of any department or agency
of the United States may detail any of the personnel of such
department to the Goals Panel to assist the Goals Panel
in carrying out its responsibilities under this part.
SEC. 207. EARLY CHILDHOOD ASSESSMENT.
(a) IN GENERAL.—The Goals Panel shall support the
work of its Resource and Technical Planning Groups on
School Readiness (hereafter in this subsection referred to as
the ‘‘Groups’’) to improve the methods of assessing the read-
iness of all children for school.
(b) ACTIVITIES.—The Groups shall—
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(1) develop a model of elements of school readi-
ness that address a broad range of early childhood de-
velopmental needs, including the needs of children
with disabilities;
(2) create clear guidelines regarding the nature,
functions, and uses of early childhood assessments, in-
cluding norm-referenced assessments and assessment
formats that are appropriate for use in culturally
and linguistically diverse communities, based on
model elements of school readiness;
(3) monitor and evaluate early childhood assess-
ments, including the ability of existing assessments to
provide valid information on the readiness of children
for school; and
(4) monitor and report on the long-term collec-
tion of data on the status of young children to im-
prove policy and practice, including the need for new
sources of data necessary to assess the broad range of
early childhood developmental needs.
(c) ADVICE.—The Groups shall advise and assist the
Congress, the Secretary, the Goals Panel, and others regard-
ing how to improve the assessment of young children and
how such assessments can improve services to children.
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(d) REPORT.—The Goals Panel shall provide reports
on the work of the Groups to the Congress, the Secretary,
and the public.
PART B—NATIONAL EDUCATION STANDARDS
AND IMPROVEMENT COUNCIL
SEC. 211. PURPOSE.
It is the purpose of this part to establish a mechanism
to—
(1) certify voluntary national content standards
and voluntary national student performance stand-
ards that define what all students should know and
be able to do;
(2) certify challenging State content standards
and challenging State student performance standards
submitted by States on a voluntary basis, if such
standards are comparable in rigor and quality to the
voluntary national content standards and voluntary
national student performance standards certified by
the National Education Standards and Improvement
Council;
(3) certify voluntary national opportunity-to-
learn standards that describe the conditions of teach-
ing and learning necessary for all students to have a
fair opportunity to achieve the knowledge and skills
described in the voluntary national content standards
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and the voluntary national student performance
standards certified by the National Education Stand-
ards and Improvement Council;
(4) certify comprehensive State opportunity-to-
learn standards submitted by States on a voluntary
basis that—
(A) describe the conditions of teaching and
learning necessary for all students to have a fair
opportunity to learn; and
(B) address the elements described in section
213(c)(3); and
(5) certify assessments or systems of assessments
submitted by States or groups of States on a vol-
untary basis, if such assessments or systems—
(A) are aligned with and support State con-
tent standards certified by such Council; and
(B) are valid, reliable, and fair when used
for their intended purposes.
SEC. 212. NATIONAL EDUCATION STANDARDS AND IM-
PROVEMENT COUNCIL.
(a) ESTABLISHMENT.—There is established in the exec-
utive branch a National Education Standards and Im-
provement Council (hereafter in this part referred to as the
‘‘Council’’).
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(b) COMPOSITION.—The Council shall be composed of
19 members (hereafter in this part referred to as ‘‘mem-
bers’’) appointed by the President from nominations sub-
mitted by the Goals Panel.
(c) QUALIFICATIONS.—
(1) IN GENERAL.—The members of the Council
shall include—
(A) five professional educators appointed
from among elementary and secondary classroom
teachers, preschool educators, related services per-
sonnel, and other school-based professionals,
State or local educational agency administrators,
or other educators;
(B) four representatives of business and in-
dustry or postsecondary educational institutions,
including at least 1 representative of business
and industry who is also a member of the Na-
tional Skill Standards Board established pursu-
ant to title V;
(C) five representatives of the public, ap-
pointed from among representatives of advocacy,
civil rights, and disability groups, parents, civic
leaders, tribal governments, or State or local
education policymakers (including members of
State or local school boards); and
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(D) five education experts, appointed from
among experts in measurement and assessment,
curriculum, school finance and equity, or school
reform.
(2) NOMINATIONS.—The Goals Panel shall sub-
mit to the President at least 15 nominations for each
of the 4 categories of appointment described in sub-
paragraphs (A) through (D) of paragraph (1).
(3) REPRESENTATION.—To the extent feasible,
the membership of the Council shall—
(A) be geographically representative of the
United States and reflect the diversity of the
United States with respect to race, ethnicity,
gender and disability characteristics; and
(B) include persons from each of the 4 cat-
egories described in subparagraphs (A) through
(D) of paragraph (1) who have expertise in the
education of subgroups of students who are at
risk of school failure.
(d) TERMS.—
(1) IN GENERAL.—Members shall be appointed
for 3-year terms, with no member serving more than
2 consecutive terms.
(2) INITIAL TERMS.—The President shall estab-
lish initial terms for members of 1, 2, or 3 years in
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order to establish a rotation in which one-third of the
members are selected each year.
(e) DATE
OF APPOINTMENT.—The initial members
shall be appointed not later than 120 days after the date
of enactment of this Act.
(f) INITIATION.—The Council shall begin to carry out
the duties of the Council under this part when all 19 mem-
bers have been appointed.
(g) RETENTION.—In order to retain an appointment
to the Council, a member shall attend at least two-thirds
of the scheduled meetings, and hearings when appropriate,
of the Council in any given year.
(h) VACANCY.—A vacancy on the Council shall not af-
fect the powers of the Council, but shall be filled in the same
manner as the original appointment.
(i) COMPENSATION.—Members who are not regular
full-time employees of the United States, while attending
meetings or hearings of the Council, may be provided com-
pensation at a rate fixed by the Secretary, but not exceeding
the maximum rate of basic pay payable for GS–15 of the
General Schedule.
(j) TRAVEL.—Each member of the Council may be al-
lowed travel expenses, including per diem in lieu of subsist-
ence, as authorized by section 5703 of title 5, United States
Code, for each day the member is engaged in the perform-
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ance of duties for the Council away from the home or regu-
lar place of business of the member.
(k) OFFICERS.—The members shall select officers of the
Council from among the members. The officers of the Coun-
cil shall serve for 1-year terms.
(l) CONFLICT OF INTEREST.—No member, staff, expert,
or consultant assisting the Council shall be appointed to
the Council—
(1) if such member, staff, expert, or consultant
has a fiduciary interest in an educational assessment;
and
(2) unless such member, staff, expert, or consult-
ant agrees that such member, staff, expert, or consult-
ant, respectively, will not obtain such an interest for
a period of 2 years from the date of termination of
such member’s service on the Council.
SEC. 213. DUTIES.
(a) VOLUNTARY
NATIONAL
CONTENT
STANDARDS;
VOLUNTARY NATIONAL STUDENT PERFORMANCE STAND-
ARDS.—
(1) IN
GENERAL.—The Council, upon rec-
ommendation from a working group on voluntary na-
tional content standards, shall—
(A) identify areas in which voluntary na-
tional content standards need to be developed;
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(B) certify voluntary national content
standards and voluntary national student per-
formance standards that define what all students
should know and be able to do; and
(C) forward such voluntary national con-
tent standards and voluntary national student
performance standards to the Goals Panel for
approval.
(2) CRITERIA.—(A) The Council, upon rec-
ommendation from a working group on voluntary na-
tional content standards and voluntary national stu-
dent performance standards, shall—
(i) identify and develop criteria to be used
for certifying the voluntary national content
standards and voluntary national student per-
formance standards; and
(ii) before applying such criteria, forward
such criteria to the Goals Panel for approval.
(B) The criteria developed by the Council shall
address—
(i) the extent to which the proposed stand-
ards are internationally competitive and com-
parable to the best standards in the world;
(ii) the extent to which the proposed vol-
untary national content standards and vol-
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untary national student performance standards
reflect the best available knowledge about how all
students learn and about how a content area can
be most effectively taught;
(iii) the extent to which the proposed vol-
untary national content standards and vol-
untary national student performance standards
have been developed through an open and public
process that provides for input and involvement
of all relevant parties, including teachers, related
services personnel, and other professional edu-
cators, employers and postsecondary education
institutions, curriculum and subject matter spe-
cialists, parents, secondary school students, and
the public; and
(iv) other factors that the Council deems ap-
propriate.
(C) In developing the criteria, the Council shall
work with entities that are developing, or have al-
ready developed, content standards, and any other en-
tities that the Council deems appropriate, to identify
appropriate certification criteria.
(b) VOLUNTARY STATE CONTENT STANDARDS; VOL-
UNTARY STATE STUDENT PERFORMANCE STANDARDS.—
The Council may certify challenging State content stand-
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ards and challenging State student performance standards
presented on a voluntary basis by a State or group of
States, if such standards are comparable in rigor and qual-
ity to the voluntary national content standards and vol-
untary national student performance standards certified by
the Council.
(c) VOLUNTARY NATIONAL OPPORTUNITY-TO-LEARN
STANDARDS.—
(1) IN
GENERAL.—The Council, upon rec-
ommendation from a working group on voluntary na-
tional opportunity-to-learn standards, shall certify
exemplary, voluntary national opportunity-to-learn
standards that will establish a basis for providing all
students a fair opportunity to achieve the knowledge
and skills described in the voluntary national content
standards certified by the Council. In carrying out
the preceding sentence the Council and the working
group are authorized to consider proposals for vol-
untary national opportunity-to-learn standards from
groups other than those that receive grants under sec-
tion 218.
(2) REQUIREMENT.—The voluntary national op-
portunity-to-learn standards shall be sufficiently gen-
eral to be used by any State without unduly restrict-
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ing State and local prerogatives regarding instruc-
tional methods to be employed.
(3) ELEMENTS ADDRESSED.—The voluntary na-
tional opportunity-to-learn standards certified by the
Council shall address—
(A) the quality and availability of curric-
ula, instructional materials, and technologies;
(B) the capability of teachers to provide
high-quality instruction to meet diverse learning
needs in each content area;
(C) the extent to which teachers and admin-
istrators have ready and continuing access to
professional development, including the best
knowledge about teaching, learning, and school
improvement;
(D) the extent to which curriculum, instruc-
tional practices, and assessments are aligned to
content standards;
(E) the extent to which school facilities pro-
vide a safe and secure environment for learning
and instruction and have the requisite libraries,
laboratories, and other resources necessary to
provide an opportunity-to-learn; and
(F) other factors that the Council deems ap-
propriate to ensure that all students receive a
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fair opportunity to achieve the knowledge and
skills described in the voluntary national content
standards and the voluntary national student
performance standards certified by the Council.
(4) ADDITIONAL DUTIES.—In carrying out this
subsection, the Council shall—
(A) identify what other countries with rig-
orous content standards do to—
(i) provide their children with oppor-
tunities to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional
development opportunities for their teachers;
and
(B) develop criteria to be used for certifying
the 
voluntary 
national 
opportunity-to-learn
standards and, before applying such criteria, for-
ward such criteria to the Goals Panel for ap-
proval.
(5) RECOMMENDATIONS
AND
COORDINATION.—
The Council shall assist in the development of the vol-
untary national opportunity-to-learn standards by—
(A) making recommendations to the Sec-
retary regarding priorities and selection criteria
for each grant awarded under section 218; and
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(B) coordinating with each consortium re-
ceiving a grant under section 218 to ensure that
the opportunity-to-learn standards the consor-
tium develops for all students are of high quality
and are consistent with the criteria developed by
the Council for the certification of such stand-
ards.
(6) APPROVAL.—The Council shall forward the
voluntary national opportunity-to-learn standards
that the Council certifies to the Goals Panel for ap-
proval.
(d) 
VOLUNTARY
STATE
OPPORTUNITY-TO-LEARN
STANDARDS.—The Council may certify comprehensive
State opportunity-to-learn standards presented on a vol-
untary basis by a State that—
(1) describe the conditions of teaching and learn-
ing necessary for all students to have a fair oppor-
tunity to learn; and
(2) address the elements described in section
213(c)(3).
(e) ASSESSMENTS.—
(1) IN GENERAL.—(A) The Council shall certify,
for a period not to exceed 5 years, an assessment of
a single subject area or a system of assessments in-
volving several subject areas presented on a voluntary
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basis by a State or group of States if such assessment
or system of assessments—
(i) is aligned with such State’s or group of
States’ challenging State content standards cer-
tified by the Council;
(ii) involves multiple measures of student
performance; and
(iii) provides for—
(I) the participation of all students
with diverse learning needs in such assess-
ment or system; and
(II) the adaptations and accommoda-
tions necessary to permit such participa-
tion.
(B) Assessments or systems of assessments shall
be certified for the purpose of—
(i) exemplifying for students, parents, and
teachers the kinds and levels of achievement that
should be expected, including the identification of
student performance standards;
(ii) improving classroom instruction and
improving the learning outcomes for all students;
(iii) informing students, parents, and teach-
ers about student progress toward such stand-
ards;
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(iv) measuring and motivating individual
students, schools, districts, States, and the Na-
tion to improve educational performance; and
(v) assisting education policymakers in
making decisions about education programs.
(2) IMPLEMENTATION.—(A)(i) The Council shall
develop, and not sooner than 3 years nor later than
4 years after the date of enactment of this Act, begin
utilizing, criteria for the certification of an assess-
ment or a system of assessments in accordance with
this subsection.
(ii) The Council shall not certify an assessment
or system of assessments for a period of 3 years begin-
ning on the date of enactment of this Act, if such as-
sessment or system will be used to make decisions re-
garding graduation, grade promotion, or retention of
students.
(iii) Before utilizing the criteria described in
clause (i), the Council shall forward such criteria to
the Goals Panel for approval.
(B) The certification criteria described in this
paragraph shall address the extent to which an assess-
ment or a system of assessments—
(i)(I) is aligned with a State’s or a group
of States’ challenging State content standards, if
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such State or group has challenging State con-
tent standards that have been certified by the
Council; and
(II) will support effective curriculum and
instruction;
(ii) is to be used for a purpose for which
such assessment or system is valid, reliable, fair,
and free of discrimination; and
(iii) includes all students, especially stu-
dents with disabilities or with limited-English
proficiency.
(C) In determining appropriate certification cri-
teria under this paragraph, the Council shall—
(i) consider standards and criteria being
developed by other national organizations and
recent research on assessment;
(ii) recommend needed research;
(iii) encourage the development and field
testing of assessments or systems of assessments;
and
(iv) provide a public forum for discussing,
debating, and building consensus for the criteria
to be used for the certification of assessments or
systems of assessments.
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(D) Prior to determining the certification cri-
teria described in this paragraph, the Council shall
take public comment on its proposed certification cri-
teria.
(f) PERFORMANCE OF DUTIES.—In carrying out its
responsibilities under this title, the Council shall—
(1) work with Federal and non-Federal depart-
ments, agencies, or organizations that are conducting
research, studies, or demonstration projects to deter-
mine internationally competitive education standards
and assessments, and may establish subject matter
and other panels to advise the Council on particular
content, student performance, and opportunity-to-
learn standards and on assessments or systems of as-
sessments;
(2) establish cooperative arrangements with the
National Skill Standards Board to promote the co-
ordination of the development of content and student
performance standards under this title with the devel-
opment of skill standards described in title V;
(3) recommend studies to the Secretary that are
necessary to carry out the Council’s responsibilities;
(4) inform the public about what constitutes high
quality, internationally competitive, content, student
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performance, and opportunity-to-learn standards, and
assessments or systems of assessments;
(5) on a regular basis, review and update cri-
teria for certifying content, student performance, and
opportunity-to-learn standards, and assessments or
systems of assessments; and
(6) periodically recertify, as appropriate, the vol-
untary national content standards, the voluntary na-
tional student performance standards, and the vol-
untary national opportunity-to-learn standards.
(g) CONSTRUCTION.—Nothing in this Act shall be con-
strued to—
(1) require any State to have standards certified
pursuant to subsection (b) or (d) in order to partici-
pate in any Federal program; or
(2) create a legally enforceable right for any per-
son against a State, local educational agency, or
school based on a standard or assessment certified by
the Council or the criteria developed by the Council
for such certification.
SEC. 214. ANNUAL REPORTS.
Not later than 1 year after the date the Council con-
cludes its first meeting, and each year thereafter, the Coun-
cil shall prepare and submit a report regarding its work
to the President, the Secretary, the appropriate committees
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of the Congress, the Governor of each State, and the Goals
Panel.
SEC. 215. POWERS OF THE COUNCIL.
(a) HEARINGS.—
(1) IN
GENERAL.—The Council shall, for the
purpose of carrying out its responsibilities, conduct
such hearings, sit and act at such times and places,
take such testimony, and receive such evidence, as the
Council considers appropriate.
(2) LOCATION.—In carrying out this part, the
Council shall conduct public hearings in different geo-
graphic areas of the United States, both urban and
rural, to receive the reports, views, and analyses of a
broad spectrum of experts and the public on the estab-
lishment of voluntary national content standards, vol-
untary national student performance standards, vol-
untary national opportunity-to-learn standards, and
assessments or systems of assessments described in sec-
tion 213(e).
(b) INFORMATION.—The Council may secure directly
from any department or agency of the Federal Government
information necessary to enable the Council to carry out
this part. Upon request of the Chairperson of the Council,
the head of such department or agency shall furnish such
information to the Council to the extent permitted by law.
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(c) POSTAL SERVICES.—The Council may use the
United States mail in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
(d) GIFTS; USE OF FACILITIES.—The Council may—
(1) accept, administer, and utilize gifts or dona-
tions of services, money, or property, whether real or
personal, tangible or intangible; and
(2) use the research, equipment, services, and fa-
cilities of any department, agency, or instrumentality
of the United States, or of any State or political sub-
division thereof with the consent of such department,
agency, instrumentality, State or subdivision, respec-
tively.
(e) ADMINISTRATIVE
ARRANGEMENTS
AND
SUP-
PORT.—
(1) IN GENERAL.—The Secretary shall provide to
the Council, on a reimbursable basis, such adminis-
trative support services as the Council may request.
(2) CONTRACTS AND OTHER ARRANGEMENTS.—
The Secretary, to the extent appropriate and on a re-
imbursable basis, shall enter into contracts and other
arrangements that are requested by the Council to
help the Council compile and analyze data or carry
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out other functions necessary to the performance of
the Council’s responsibilities.
SEC. 216. ADMINISTRATIVE PROVISIONS.
(a) MEETINGS.—The Council shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Council or a majority of its members.
(b) QUORUM.—A majority of the members shall con-
stitute a quorum for the transaction of business.
(c) VOTING.—The Council shall take all action of the
Council by a majority vote of the total membership of the
Council, ensuring the right of the minority to issue written
views. No individual may vote or exercise any of the powers
of a member by proxy.
(d) PUBLIC ACCESS.—The Council shall ensure public
access to its proceedings (other than proceedings, or por-
tions of proceedings, relating to internal personnel and
management matters) and shall make available to the pub-
lic, at reasonable cost, transcripts of such proceedings.
SEC. 217. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.
(a) DIRECTOR.—The Chairperson of the Council, with-
out regard to the provisions of title 5, United States Code,
relating to the appointment and compensation of officers
or employees of the United States, shall appoint a Director
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to be paid at a rate not to exceed the rate of basic pay
payable for level V of the Executive Schedule.
(b) APPOINTMENT AND PAY OF EMPLOYEES.—
(1) IN GENERAL.—(A) The Director may ap-
point not more than 4 additional employees to serve
as staff to the Council without regard to the provi-
sions of title 5, United States Code, governing ap-
pointments in the competitive service.
(B) The employees appointed under subpara-
graph (A) may be paid without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53
of that title relating to classification and General
Schedule pay rates, but shall not be paid a rate that
exceeds the maximum rate of basic pay payable for
GS–15 of the General Schedule.
(2) ADDITIONAL EMPLOYEES.—The Director may
appoint additional employees to serve as staff of the
Council consistent with title 5, United States Code.
(c) EXPERTS AND CONSULTANTS.—The Council may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
(d) STAFF OF FEDERAL AGENCIES.—Upon the request
of the Council, the head of any department or agency of
the Federal Government may detail any of the personnel
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of such department or agency to the Council to assist the
Council in carrying out its duties under this part.
SEC. 218. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS.
(a) 
OPPORTUNITY-TO-LEARN
DEVELOPMENT
GRANTS.—
(1) IN GENERAL.—The Secretary is authorized to
award more than one grant, on a competitive basis,
to consortia of individuals and organizations to en-
able such consortia to develop voluntary national op-
portunity-to-learn standards, and a listing of model
programs for use, on a voluntary basis, by States
in—
(A) assessing the capacity and performance
of individual schools; and
(B) developing appropriate actions to be
taken in the event that the schools fail to achieve
such standards.
(2) COMPOSITION OF CONSORTIUM.—To the ex-
tent possible, each consortium described in paragraph
(1) shall include the participation of—
(A) Governors (other than Governors serv-
ing on the Goals Panel);
(B) chief State school officers;
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(C) teachers, especially teachers involved in
the development of content standards, and relat-
ed services personnel;
(D) principals;
(E) superintendents;
(F) State and local school board members;
(G) curriculum and school reform experts;
(H) parents;
(I) State legislators;
(J) representatives of businesses;
(K) representatives of higher education;
(L) representatives of regional accrediting
associations;
(M) representatives of advocacy groups; and
(N) secondary school students.
(b) APPLICATIONS.—Each consortium that desires to
receive a grant under this subsection shall submit an appli-
cation to the Secretary at such time, in such manner, and
containing such information and assurances as the Sec-
retary may require.
(c) AWARD CONSIDERATION.—In establishing prior-
ities and selection criteria for awarding more than one
grant under this section, the Secretary shall give serious
consideration to the recommendations made by the Council
pursuant to section 213(c)(5)(A).
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PART C—LEADERSHIP IN EDUCATIONAL
TECHNOLOGY
SEC. 221. PURPOSES.
It is the purpose of this part to promote achievement
of the National Education Goals and—
(1) to provide leadership at the Federal level,
through the Department of Education, by developing
a national vision and strategy—
(A) to infuse technology and technology
planning into all educational programs and
training functions carried out within school sys-
tems at the State and local level;
(B) to coordinate educational technology ac-
tivities among the related Federal and State de-
partments or agencies, industry leaders, and in-
terested educational and parental organizations;
(C) to establish working guidelines to ensure
maximum interoperability nationwide and ease
of access for the emerging technologies so that no
school system will be excluded from the techno-
logical revolution; and
(D) to ensure that Federal technology-relat-
ed policies and programs facilitate the use of
technology in education;
(2) to promote awareness of the potential of tech-
nology for improving teaching and learning;
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(3) to support State and local efforts to increase
the effective use of technology for education;
(4) to demonstrate ways in which technology can
be used to improve teaching and learning, and to help
ensure that all students have an equal opportunity to
meet challenging State education standards;
(5) to ensure the availability and dissemination
of knowledge (drawn from research and experience)
that can form the basis for sound State and local de-
cisions about investment in, and effective uses of, edu-
cational technology;
(6) to promote high-quality professional develop-
ment opportunities for teachers and administrators
regarding the integration of technology into instruc-
tion and administration;
(7) to promote the effective uses of technology in
existing Federal education programs, such as chapter
1 of title I of the Elementary and Secondary Edu-
cation Act of 1965 and vocational education pro-
grams; and
(8) to monitor, and disseminate information re-
garding, advancements in technology to encourage the
development of effective educational uses of technology.
SEC. 222. FEDERAL LEADERSHIP.
(a) ACTIVITIES AUTHORIZED.—
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(1) IN GENERAL.—In order to provide Federal
leadership that promotes higher student achievement
through the use of technology in education and to
achieve the purposes of this part, the Secretary, in
consultation with the Office of Science and Tech-
nology Policy, the National Science Foundation, the
Department of Commerce, the Department of Energy,
the National Aeronautics and Space Administration,
and other appropriate Federal departments or agen-
cies, may carry out activities designed to achieve the
purposes of this part.
(2) TRANSFER OF FUNDS.—For the purpose of
carrying out coordinated or joint activities to achieve
the purposes of this part, the Secretary may accept
funds from, and transfer funds to, other Federal de-
partments or agencies.
(b) NATIONAL LONG-RANGE TECHNOLOGY PLAN.—
(1) IN GENERAL.—The Secretary shall develop
and publish within 12 months of the date of enact-
ment of this Act, and update when the Secretary de-
termines appropriate, a national long-range plan that
supports the overall national technology policy and
carries out the purposes of this part.
(2) 
PLAN
REQUIREMENTS.—The 
Secretary
shall—
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(A) develop the national long-range plan in
consultation with other Federal departments or
agencies, State and local education practitioners
and policymakers, experts in technology and the
educational applications of technology, represent-
atives of a distance learning consortia, represent-
atives of telecommunications partnerships receiv-
ing assistance under the Star Schools Program
Assistance Act, and providers of technology serv-
ices and products;
(B) transmit such plan to the President and
to the appropriate committees of the Congress;
and
(C) publish such plan in a form that is
readily accessible to the public.
(3) CONTENTS
OF
THE
PLAN.—The national
long-range plan shall describe the Secretary’s activi-
ties to promote the purposes of this part, including—
(A) how the Secretary will encourage the ef-
fective use of technology to provide all students
the opportunity to achieve challenging State con-
tent standards and challenging State student
performance standards, especially through pro-
grams administered by the Department of Edu-
cation;
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(B) joint activities in support of the overall
national technology policy with other Federal de-
partments or agencies, such as the Office of
Science and Technology Policy, the National En-
dowment for the Humanities, the National En-
dowment for the Arts, the National Aeronautics
and Space Administration, the National Science
Foundation, and the Departments of Commerce,
Energy, Health and Human Services, and
Labor—
(i) to promote the use of technology in
education, and training and lifelong learn-
ing, including plans for the educational
uses of a national information infrastruc-
ture; and
(ii) to ensure that the policies and pro-
grams of such departments or agencies fa-
cilitate the use of technology for educational
purposes, to the extent feasible;
(C) how the Secretary will work with edu-
cators, State and local educational agencies, and
appropriate representatives of the private sector
to facilitate the effective use of technology in edu-
cation;
(D) how the Secretary will promote—
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(i) higher achievement of all students
through the integration of technology into
the curriculum;
(ii) increased access to the benefits of
technology for teaching and learning for
schools with a high concentration of chil-
dren from low-income families;
(iii) the use of technology to assist in
the implementation of State systemic reform
strategies;
(iv) the application of technological
advances to use in education; and
(v) increased opportunities for the pro-
fessional development of teachers in the use
of new technologies;
(E) how the Secretary will determine, in
consultation with appropriate individuals, orga-
nizations, industries, and agencies, the feasibility
and desirability of establishing guidelines to fa-
cilitate an easy exchange of data and effective
use of technology in education;
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(F) how the Secretary will utilize the out-
comes of the evaluation undertaken pursuant to
section 908 of the Star Schools Program Assist-
ance Act to promote the purposes of this part;
and
(G) the Secretary’s long-range measurable
goals and objectives relating to the purposes of
this part.
(c) ASSISTANCE.—The Secretary shall provide assist-
ance to the States to enable such States to plan effectively
for the use of technology in all schools throughout the State
in accordance with the purpose and requirements of section
316.
SEC. 223. OFFICE OF EDUCATIONAL TECHNOLOGY.
(a) AMENDMENT TO THE DEPARTMENT OF EDUCATION
ORGANIZATION ACT.—Title II of the Department of Edu-
cation Organization Act (20 U.S.C. 3411 et seq.) is amend-
ed by adding at the end the following new section:
‘‘OFFICE OF EDUCATIONAL TECHNOLOGY
‘‘SEC. 216. There shall be in the Department of Edu-
cation an Office of Educational Technology, to be adminis-
tered by the Director of Educational Technology. The Direc-
tor of Educational Technology shall report directly to the
Secretary and shall perform such additional functions as
the Secretary may prescribe. Such Office shall be established
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in accordance with section 405A of the General Education
Provisions Act.’’.
(b) AMENDMENT TO THE GENERAL EDUCATION PROVI-
SIONS ACT.—Part A of the General Education Provisions
Act (20 U.S.C. 1221c et seq.) is amended by inserting after
section 405 the following new section:
‘‘SEC. 405A. OFFICE OF EDUCATIONAL TECHNOLOGY.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish
an Office of Educational Technology (hereafter in this sec-
tion referred to as the ‘Office’).
‘‘(b) FUNCTIONS OF THE OFFICE.—The Director of the
Office of Educational Technology (hereafter in this section
referred to as the ‘Director’), through the Office, shall—
‘‘(1) in support of the overall national technology
policy and in consultation with other Federal depart-
ments or agencies which the Director determines ap-
propriate, provide leadership to the Nation in the use
of technology to promote achievement of the National
Education Goals and to increase opportunities for all
students to achieve challenging State content and
challenging State student performance standards;
‘‘(2) review all programs and training functions
administered by the Department and recommend
policies in order to promote increased use of tech-
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nology and technology planning throughout all such
programs and functions;
‘‘(3) review all relevant programs supported by
the Department to ensure that such programs are co-
ordinated with and support the national long-range
technology plan developed pursuant to this Act; and
‘‘(4) perform such additional functions as the
Secretary may require.
‘‘(c) PERSONNEL.—The Director is authorized to select,
appoint, and employ such officers and employees as may
be necessary to carry out the functions of the Office, subject
to the provisions of title 5, United States Code (governing
appointments in the competitive service), and the provi-
sions of chapter 51 and subchapter III of chapter 53 of such
title (relating to classification and General Schedule pay
rates.
‘‘(d) EXPERTS
AND CONSULTANTS.—The Secretary
may obtain the services of experts and consultants in ac-
cordance with section 3109 of title 5, United States Code.’’.
(c) COMPENSATION OF THE DIRECTOR.—Section 5315
of title 5, United States Code, is amended by adding at
the end the following:
‘‘Director of the Office of Educational Tech-
nology.’’.
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SEC. 224. USES OF FUNDS.
(a) IN GENERAL.—The Secretary shall use funds ap-
propriated pursuant to the authority of section 231(d) for
activities designed to carry out the purpose of this part,
including—
(1) providing assistance to technical assistance
providers to enable such providers to improve sub-
stantially the services such providers offer to edu-
cators regarding the educational uses of technology,
including professional development;
(2) consulting with representatives of industry,
elementary and secondary education, higher edu-
cation, and appropriate experts in technology and the
educational applications of technology, in carrying
out the activities assisted under this part;
(3) research on, and the development of, guide-
lines to facilitate maximum interoperability, effi-
ciency and easy exchange of data for effective use of
technology in education;
(4) research on, and the development of, edu-
cational applications of the most advanced and newly
emerging technologies;
(5) the development, demonstration, and evalua-
tion of applications of existing technology in pre-
school education, elementary and secondary edu-
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cation, training and lifelong learning, and profes-
sional development of educational personnel;
(6) the development and evaluation of software
and other products, including multimedia television
programming, that incorporate advances in tech-
nology and help achieve the National Education
Goals, challenging State content standards and chal-
lenging State student performance standards;
(7) the development, demonstration, and evalua-
tion of model strategies for preparing teachers and
other personnel to use technology effectively to im-
prove teaching and learning;
(8) the development of model programs that dem-
onstrate the educational effectiveness of technology in
urban and rural areas and economically distressed
communities;
(9) research on, and the evaluation of, the effec-
tiveness and benefits of technology in education giving
priority to research on, and evaluation of, such effec-
tiveness and benefits in elementary and secondary
schools;
(10) a biannual assessment of, and report to the
public regarding, the uses of technology in elementary
and secondary education throughout the United
States upon which private businesses and Federal,
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State and local governments may rely for decision-
making about the need for, and provision of, appro-
priate technologies in schools, which assessment and
report shall use, to the extent possible, existing infor-
mation and resources;
(11) conferences on, and dissemination of infor-
mation regarding, the uses of technology in education;
(12) the development of model strategies to pro-
mote gender equity in the use of technology;
(13) encouraging collaboration between the De-
partment of Education and other Federal agencies in
the development, implementation, evaluation and
funding of applications of technology for education,
as appropriate; and
(14) such other activities as the Secretary deter-
mines will meet the purposes of this part.
(b) SPECIAL RULES.—
(1) IN GENERAL.—The Secretary shall carry out
the activities described in subsection (a) directly or by
grant or contract.
(2) GRANTS
AND
CONTRACTS.—Each grant or
contract under this part shall be awarded—
(A) on a competitive basis; and
(B) pursuant to a peer review process.
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SEC. 225. NON-FEDERAL SHARE.
(a) IN GENERAL.—Subject to subsections (b) and (c),
the Secretary may require any recipient of a grant or con-
tract under this part to share in the cost of the activities
assisted under such grant or contract, which non-Federal
share shall be announced through a notice in the Federal
Register and may be in the form of cash or in-kind con-
tributions, fairly valued.
(b) INCREASE.—The Secretary may increase the non-
Federal share that is required of a recipient of a grant or
contract under this part after the first year such recipient
receives funds under such grant or contract.
(c) MAXIMUM.—The non-Federal share required under
this section shall not exceed 50 percent of the cost of the
activities assisted pursuant to a grant or contract under
this part.
SEC. 226. OFFICE OF TRAINING TECHNOLOGY TRANSFER.
(a) TRANSFER.—
(1) IN GENERAL.—The Office of Training Tech-
nology Transfer as established under section 6103 of
the Training Technology Transfer Act of 1988 (20
U.S.C. 5093) is transferred to the Office of Edu-
cational Technology.
(2) TECHNICAL AMENDMENT.—The first sentence
of section 6103(a) of the Training Technology Trans-
fer Act of 1988 (20 U.S.C. 5093(a)) is amended by
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striking ‘‘Office of Educational Research and Im-
provement’’ and inserting ‘‘Office of Educational
Technology’’.
(b) 
AUTHORIZATION
OF
APPROPRIATIONS.—The
Training Technology Transfer Act of 1988 (20 U.S.C. 5091
et seq.) is amended by adding at the end the following new
section:
‘‘SEC. 6108. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $3,000,000
for fiscal year 1995, and such sums as may be necessary
for each of the fiscal years 1996 through 1999, to carry out
this chapter.’’.
PART D—AUTHORIZATION OF APPROPRIATIONS
SEC. 231. AUTHORIZATION OF APPROPRIATIONS.
(a) NATIONAL EDUCATION GOALS PANEL.—There are
authorized to be appropriated $3,000,000 for fiscal year
1994, and such sums as may be necessary for each of the
4 succeeding fiscal years, to carry out part A.
(b) NATIONAL EDUCATION STANDARDS AND IMPROVE-
MENT COUNCIL.—There are authorized to be appropriated
$3,000,000 for fiscal year 1994, and such sums as may be
necessary for each of the 4 succeeding fiscal years, to carry
out part B.
(c) 
OPPORTUNITY-TO-LEARN
DEVELOPMENT
GRANTS.—There are authorized to be appropriated
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$1,000,000 for fiscal year 1994, and such sums as may be
necessary for fiscal year 1995, to carry out section 219.
(d) LEADERSHIP IN EDUCATIONAL TECHNOLOGY.—
There are authorized to be appropriated $5,000,000 for the
fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1998, to carry out
part C.
TITLE III—STATE AND LOCAL
EDUCATION 
SYSTEMIC 
IM-
PROVEMENT
SEC. 301. FINDINGS.
The Congress finds that—
(1) all students can learn to high standards and
must realize their potential if the United States is to
prosper;
(2) the reforms in education from 1977 through
1992 have achieved some good results, but such reform
efforts often have been limited to a few schools or to
a single part of the educational system;
(3) leadership must come from teachers, related
services personnel, principals, and parents in individ-
ual schools, and from policymakers at the local, State,
tribal, and national levels, in order for lasting im-
provements in student performance to occur;
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(4) simultaneous top-down and bottom-up edu-
cation reform is necessary to spur creative and inno-
vative approaches by individual schools to help all
students achieve internationally competitive stand-
ards;
(5) strategies must be developed by communities
and States to support the revitalization of all local
public schools by fundamentally changing the entire
system of public education through comprehensive, co-
herent, and coordinated improvement;
(6) parents, teachers and other local educators,
and business, community, and tribal leaders, must be
involved in developing system-wide improvement
strategies that reflect the needs of their individual
communities;
(7) all students are entitled to teaching practices
that are in accordance with accepted standards of
professional practice and that hold the greatest prom-
ise of improving student performance;
(8) all students are entitled to participate in a
broad and challenging curriculum and to have access
to resources sufficient to address other education
needs;
(9) State and local education improvement ef-
forts must incorporate strategies for providing stu-
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dents and families with coordinated access to appro-
priate social services, health care, nutrition, early
childhood education, and child care to remove pre-
ventable barriers to learning and enhance school read-
iness for all students;
(10) States and local educational agencies, work-
ing together, must immediately set about developing
and implementing such system-wide improvement
strategies if our Nation is to educate all children to
meet their full potential and achieve the National
Education Goals described in title I;
(11) State and local systemic improvement strat-
egies must provide all students with effective mecha-
nisms and appropriate paths to the work force as well
as to higher education;
(12) businesses should be encouraged—
(A) to enter into partnerships with schools;
(B) to provide information and guidance to
schools based on the needs of area businesses for
properly educated graduates in general and on
the need for particular workplace skills that the
schools may provide;
(C) to provide necessary education and
training materials and support; and
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(D) to continue the lifelong learning process
throughout the employment years of an individ-
ual;
(13) the appropriate and innovative use of tech-
nology, including distance learning, can be very effec-
tive in helping to provide all students with the oppor-
tunity to learn and meet high standards;
(14) Federal funds should be targeted to support
State and local initiatives, and to leverage State and
local resources for designing and implementing sys-
tem-wide education improvement plans; and
(15) quality education management services are
being utilized by local educational agencies and
schools through contractual agreements between local
educational agencies or schools and such businesses.
SEC. 302. PURPOSE.
It is the purpose of this title to—
(1) improve the quality of education for all stu-
dents by supporting a long-term, broad-based effort to
provide coherent and coordinated improvements in
the system of education throughout our Nation at the
State and local levels;
(2) provide new authorities and funding for our
Nation’s school systems;
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(3) not replace or reduce funding for existing
Federal education programs; and
(4) ensure that no State or local educational
agency will reduce its funding for education or for
education reform on account of receiving any funds
under this title.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $400,000,000
for the fiscal year 1994, and such sums as may be necessary
for each of the fiscal years 1995 through 1998, to carry out
this title.
SEC. 304. ALLOTMENT OF FUNDS.
(a) RESERVATIONS OF FUNDS.—From funds appro-
priated pursuant to the authority of section 303 in each
fiscal year, the Secretary—
(1) shall reserve a total of 1 percent to provide
assistance, in amounts determined by the Secretary—
(A) to the outlying areas;
(B) to the Secretary of the Interior to bene-
fit Indian students in schools operated or funded
by the Bureau of Indian Affairs; and
(C) to the Alaska Federation of Natives in
cooperation with the Alaska Native Education
Council to benefit Alaska Native students; and
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(2) may reserve a total of not more than 4 per-
cent for—
(A) national leadership activities under
subsections (a), (b) and (d) of section 313; and
(B) the costs of peer review of State im-
provement plans and applications under this
title.
(b) STATE ALLOTMENTS.—From the amount appro-
priated under section 303 and not reserved under subsection
(a) in each fiscal year the Secretary shall make allotments
to State educational agencies as follows:
(1) 50 percent of such amount shall be allocated
in accordance with the relative amounts each State
would have received under chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 for
the preceding fiscal year if funds under such chapter
in such preceding fiscal year were not reserved for the
outlying areas.
(2) 50 percent of such amount shall be allocated
in accordance with the relative amounts each State
would have received under part A of chapter 2 of title
I of the Elementary and Secondary Education Act of
1965 for the preceding fiscal year if funds under such
chapter in such preceding fiscal year were not re-
served for the outlying areas.
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(c) REALLOTMENTS.—If the Secretary determines that
any amount of a State educational agency’s allotment for
any fiscal year under subsection (b) will not be needed for
such fiscal year by the State, the Secretary shall reallot such
amount to other State educational agencies that need addi-
tional funds, in such manner as the Secretary determines
is appropriate.
(d) MAINTENANCE
OF EFFORT.—Each recipient of
funds under this title, in utilizing the proceeds of an allot-
ment received under this title, shall maintain the expendi-
tures of such recipient for the activities assisted under this
title at a level equal to not less than the level of such expend-
itures maintained by such recipient for the fiscal year pre-
ceding the fiscal year for which such allotment is received,
except that provisions of this section shall not apply in any
fiscal year in which the amount appropriated to carry out
this title is less than the amount appropriated to carry out
this title in the preceding fiscal year.
(e) SUPPLEMENT NOT SUPPLANT.—Each recipient of
funds under this title, may use the proceeds of an allotment
received under this title only so as to supplement and, to
the extent practicable, increase the level of funds that would,
in the absence of such Federal funds, be made available from
non-Federal sources for the activities assisted under this
title.
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SEC. 305. STATE APPLICATIONS.
(a) APPLICATION.—
(1) IN GENERAL.—Each State educational agen-
cy that desires to receive an allotment under this title
shall submit an application to the Secretary at such
time and in such manner as the Secretary may deter-
mine.
(2) ADDITIONAL INFORMATION.—In addition to
the information described in subsections (b) and (c),
each such application shall include—
(A) an assurance that the State educational
agency will cooperate with the Secretary in car-
rying out the Secretary’s responsibilities under
section 313, and will comply with reasonable re-
quests of the Secretary for data related to the
State’s progress in developing and implementing
its State improvement plan under this title;
(B) an assurance that State law provides
adequate authority to carry out each component
of the State’s improvement plan developed, or to
be developed, under section 306, or that such au-
thority will be sought; and
(C) such other assurances and information
as the Secretary may require.
(b) FIRST YEAR.—A State educational agency’s appli-
cation for the first year of assistance under this title shall—
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(1) describe the process by which the State edu-
cational agency will develop a school improvement
plan that meets the requirements of section 306; and
(2) describe how the State educational agency
will use funds received under this title for such year,
including how such agency will make subgrants to
local educational agencies in accordance with section
309(a), and how such agency will use funds received
under this title for education preservice programs and
professional development activities in accordance with
section 309(b).
(c) SUBSEQUENT YEARS.—A State educational agen-
cy’s application for the second year of assistance under this
title shall—
(1) cover the second through fifth years of the
State’s participation;
(2) include a copy of the State’s improvement
plan that meets the requirements of section 306, or if
the State improvement plan is not complete, a state-
ment of the steps the State will take to complete the
plan and a schedule for doing so; and
(3) include an explanation of how the State edu-
cational agency will use funds received under this
title, including how such agency will make subgrants
to local educational agencies in accordance with sec-
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tion 309(a), and how such agency will use such funds
received under this title for education preservice pro-
grams and professional development activities in ac-
cordance with section 309(b).
SEC. 306. STATE IMPROVEMENT PLANS.
(a) BASIC SCOPE OF PLAN.—Any State educational
agency that desires to receive an allotment under this title
after its first year of participation shall develop and imple-
ment a State improvement plan for the improvement of ele-
mentary and secondary education in the State.
(b) PLAN DEVELOPMENT.—
(1) IN
GENERAL.—A State improvement plan
under this title shall be developed by a broad-based
State panel in cooperation with the State educational
agency and the Governor. The panel shall include—
(A) the Governor and the chief State school
officer, or their designees;
(B) the chairperson of the State board of
education and the chairpersons of the appro-
priate authorizing committees of the State legis-
lature, or their designees;
(C) school teachers, related services person-
nel, principals, and administrators who have
successfully improved student performance; and
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(D) representatives of teachers’ organiza-
tions, organizations serving young children, par-
ents, secondary school students, business and
labor leaders, community-based organizations of
demonstrated effectiveness, institutions of higher
education, private, nonprofit elementary and sec-
ondary schools, local boards of education, State
and local officials, tribal agencies, as appro-
priate, and others.
(2) APPOINTMENT.—The Governor and the chief
State school officer shall each appoint half the mem-
bers of the panel and shall jointly select the Chair-
person of the panel and the representative of a pri-
vate, nonprofit elementary and secondary school de-
scribed in paragraph (1)(D).
(3) REPRESENTATION.—The membership of the
panel shall be geographically representative of the
State and reflect the diversity of the population of the
State with regard to race, ethnicity, gender and dis-
ability characteristics.
(4) CONSULTATION.—The panel shall consult the
Governor, the chief State school officer, the State
board of education, and relevant committees of the
State legislature in developing the State improvement
plan.
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(5) OUTREACH.—The panel shall be responsible
for conducting a statewide, grassroots outreach proc-
ess, including conducting public hearings, to involve
educators, related services personnel, parents, local of-
ficials, tribal government officials, as appropriate, in-
dividuals representing private nonprofit elementary
and secondary schools, community and business lead-
ers, citizens, children’s advocates, secondary school
students, and others with a stake in the success of stu-
dents and their education system, and who are rep-
resentative of the diversity of the State and the State’s
student population, including students of limited-
English proficiency, American Indian, Alaska Native,
and Native Hawaiian students, and students with
disabilities, in the development of the State improve-
ment plan and in a continuing dialogue regarding
the need for and nature of challenging standards for
students and local and State responsibilities for help-
ing all students achieve such standards in order to as-
sure that the development and implementation of the
State improvement plan reflects local needs and expe-
riences and does not result in a significant increase
in paperwork for teachers.
(6) PROCEDURE
AND
APPROVAL.—The panel
shall develop a State improvement plan, provide op-
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portunity for public comment, and submit such plan
to the State educational agency for approval.
(7) SUBMISSION.—The State educational agency
shall submit the original State improvement plan de-
veloped by the panel and the State improvement plan
modified by such agency, together with an expla-
nation of any changes made by such agency to the
plan developed by the panel, to the Secretary for ap-
proval.
(8) MATTERS NOT UNDER THE JURISDICTION OF
THE STATE EDUCATIONAL AGENCY.—If any portion of
a State improvement plan addresses matters that,
under State or other applicable law, are not under the
authority of the State educational agency, the State
educational agency shall obtain the approval of, or
changes to, such portion, with an explanation thereof,
from the Governor or other official responsible for that
portion before submitting such plan to the Secretary.
(9) MONITORING; REVISIONS; REPORTING.—After
approval of the State improvement plan by the Sec-
retary, the panel shall be informed of progress on such
plan by the State educational agency, and such agen-
cy, in close consultation with teachers, principals, ad-
ministrators, advocates and parents in local edu-
cational agencies and schools receiving funds under
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this title, shall monitor the implementation and oper-
ation of such plan. The panel shall review such plan,
and based on the progress described in the preceding
sentence, determine if revisions to such plan are ap-
propriate and necessary. The panel shall periodically
report such determination to the public.
(c) TEACHING, LEARNING, STANDARDS, AND ASSESS-
MENTS.—Each State improvement plan shall establish
strategies for meeting the National Education Goals de-
scribed in title I by improving teaching and learning and
students’ mastery of basic and advanced skills to achieve
a higher level of learning and academic accomplishment in
English, math, science, United States history, geography,
foreign languages and the arts, civics, government, econom-
ics, physics, and other core curricula, and such strategies
shall involve broad-based and ongoing classroom teacher
input, such as—
(1) a process for developing or adopting chal-
lenging State content standards and challenging State
student performance standards for all students;
(2) a process for providing assistance and sup-
port to local educational agencies and schools to
strengthen the capacity and responsibility of such
agencies and schools to provide all of their students
the opportunity to meet challenging State content
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standards and challenging State student performance
standards;
(3) a process for developing or recommending in-
structional materials and technology to support and
assist local educational agencies and schools to pro-
vide all of their students the opportunity to meet the
challenging State content standards and challenging
State student performance standards;
(4) a process for developing and implementing a
valid, fair, nondiscriminatory, and reliable assess-
ment or system of assessments—
(A) which assessment or system shall—
(i) be aligned with such State’s content
standards;
(ii) involve multiple measures of stu-
dent performance;
(iii) provide for—
(I) the participation of all stu-
dents with diverse learning needs in
such assessment or system; and
(II) the adaptations and accom-
modations necessary to permit such
participation;
(iv) be consistent with relevant, na-
tionally recognized professional and tech-
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nical standards for such assessment or sys-
tem;
(v) be capable of providing coherent in-
formation about student attainments rel-
ative to the State content standards; and
(vi) support effective curriculum and
instruction; and
(B) which process shall provide for monitor-
ing the implementation of such assessment, sys-
tem or set and the impact of such assessment,
system or set on improved instruction for all stu-
dents; and
(5) a process for improving the State’s system of
teacher and school administrator preparation and li-
censure, and of continuing professional development
programs, including the use of technology at both the
State and local levels, so that all teachers, related
services personnel, and administrators develop the
subject matter and pedagogical expertise needed to
prepare all students to meet the challenging standards
described in paragraph (1).
(d) 
OPPORTUNITY-TO-LEARN
STRATEGIES.—Each
State improvement plan shall establish strategies for pro-
viding all students with an opportunity to learn.
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(e) ACCOUNTABILITY AND MANAGEMENT.—Each State
plan shall establish strategies for improved accountability
and management of the education system of the State.
(f) PARENTAL
AND COMMUNITY SUPPORT
AND IN-
VOLVEMENT.—Each State improvement plan shall describe
comprehensive strategies to involve communities, including
community representatives such as parents, businesses, in-
stitutions of higher education, libraries, cultural institu-
tions, employment and training agencies, health and
human service agencies, intergenerational mentoring pro-
grams, and other public and private nonprofit agencies that
provide nonsectarian social services, health care, child care,
early childhood education, and nutrition to students, in
helping all students meet the challenging State standards.
(g) MAKING THE IMPROVEMENTS SYSTEM-WIDE.—In
order to help provide all students throughout the State the
opportunity to meet challenging State content standards
and challenging State student performance standards, each
State improvement plan shall describe the various strategies
for ensuring that all local educational agencies and schools
within the State are involved in developing and implement-
ing needed improvements within a specified period of time.
(h) PROMOTING BOTTOM-UP REFORM.—Each State
improvement plan shall include strategies for ensuring that
comprehensive, systemic reform is promoted from the bot-
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tom up in communities, local educational agencies, and
schools, and is guided by coordination and facilitation from
State leaders.
(i) BENCHMARKS AND TIMELINES.—Each State im-
provement plan shall include specific benchmarks of im-
proved student performance and of progress in implement-
ing such plan, and timelines against which the progress of
the State in carrying out such plan, including the elements
described in subsections (c) through (h), can be measured.
(j) PEER REVIEW AND SECRETARIAL APPROVAL.—
(1) IN GENERAL.—(A) The Secretary shall re-
view, within a reasonable period of time, each State
improvement plan prepared under this section, and
each application submitted under section 305,
through a peer review process involving the assistance
and advice of State and local education policymakers,
educators, classroom teachers, related services person-
nel, experts on educational innovation and improve-
ment, parents, advocates, and other appropriate indi-
viduals. Such peer review process shall be representa-
tive of the diversity of the United States with regard
to geography, race, ethnicity, gender and disability
characteristics. Such peer review process shall include
at least 1 site visit to each State.
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(B) Notwithstanding the provisions of subpara-
graph (A), in the first year that a State educational
agency submits an application for assistance under
this title the Secretary shall not be required to—
(i) review such application through a peer
review process; and
(ii) conduct a site visit.
(2) APPROVAL
OF
PLAN.—The Secretary shall
approve a State improvement plan if—
(A) such plan is submitted to the Secretary
not later than 2 years after the date the State
educational agency receives its first allotment
under section 304(b); and
(B) the Secretary determines, after consider-
ing the peer reviewers’ comments, that such
plan—
(i) reflects a widespread commitment
within the State; and
(ii) holds reasonable promise of helping
all students.
(3) DISAPPROVAL.—The Secretary shall not dis-
approve a State’s plan, or any State application sub-
mitted under section 305, before offering the State—
(A) an opportunity to revise such plan or
application; and
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(B) a hearing.
(k) AMENDMENTS TO PLAN.—
(1) IN GENERAL.—Each State educational agen-
cy shall periodically review its State improvement
plan and revise such plan, as appropriate, in accord-
ance with the process described in subsection (b).
(2) REVIEW.—The Secretary shall review any
major amendment to a State improvement plan and
shall not disapprove any such amendment before of-
fering a State educational agency—
(A) an opportunity to revise such amend-
ment; and
(B) a hearing.
(l) PREEXISTING STATE PLANS AND PANELS.—
(1) IN GENERAL.—If a State has developed a
comprehensive and systemic State improvement plan
to help all students meet challenging State content
standards and challenging State student performance
standards, or any component of such plan, that meets
the intent and purposes of section 302, the Secretary
shall approve such plan or component notwithstand-
ing that such plan was not developed in accordance
with subsection (b), if—
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(A) the Secretary determines that such ap-
proval would further the purposes of State sys-
temic education improvement; and
(B) such plan ensures broad-based input
from various education, political, community,
and other appropriate representatives.
(2) SPECIAL RULE.—(A) If, before the date of en-
actment of this Act, a State has made substantial
progress in developing a plan that meets the intent
and purposes of section 302, but was developed by a
panel that does not meet the requirements of para-
graphs (1) through (3) of subsection (b), the Secretary
shall, at the request of the Governor and the State
educational agency, treat such panel as meeting such
requirements for all purposes of this title if the Sec-
retary determines that there has been substantial pub-
lic and educator involvement in the development of
such plan.
(B) If a State has not developed a State im-
provement plan but has an existing panel which such
State would like to use for the purpose of developing
such plan, then the Secretary shall, at the request of
the Governor and the State educational agency, treat
such panel as meeting the requirements of paragraphs
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(1) through (3) of subsection (b) for all purposes of
this title if—
(i) the Secretary determines that such exist-
ing panel is serving a similar such purpose; and
(ii) the composition of such existing panel
would ensure broad-based input from various
education, political, community, and other ap-
propriate representatives.
SEC. 307. SECRETARY’S REVIEW OF APPLICATIONS; PAY-
MENTS.
(a) FIRST YEAR.—The Secretary shall approve the
State educational agency’s initial year application under
section 305(b) if the Secretary determines that—
(1) such application meets the requirements of
this title; and
(2) there is a substantial likelihood that the
State will be able to develop and implement an edu-
cation improvement plan that complies with section
306.
(b) SECOND THROUGH FIFTH YEARS.—The Secretary
shall approve the State educational agency’s renewal appli-
cation under section 305(c)(1) in the second through fifth
years of participation only if—
(1)(A) the Secretary has approved the State im-
provement plan under section 306(j); or
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(B) the Secretary determines that the State has
made substantial progress in developing its State im-
provement plan and will implement such plan not
later than the end of the second year of participation;
and
(2) the application meets the other requirements
of this title.
(c) PAYMENTS.—For any fiscal year for which a State
has an approved application under this title, the Secretary
shall provide an allotment to the State educational agency
in the amount determined under section 304(b).
SEC. 308. STATE USE OF FUNDS.
(a) FIRST YEAR.—In the first year for which a State
educational agency receives an allotment under this title,
such agency—
(1) if the amount appropriated pursuant to the
authority of section 303 for such year is equal to or
greater than $200,000,000, shall use at least 75 per-
cent of such allotted funds to award subgrants—
(A) to local educational agencies for the de-
velopment or implementation of local improve-
ment plans in accordance with section 309(a);
and
(B) to improve educator and related services
personnel preservice programs and for profes-
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sional development activities consistent with the
State improvement plan and in accordance with
section 309(b);
(2) if the amount appropriated pursuant to the
authority of section 303 for such year is equal to or
greater 
than 
$100,000,000, 
but 
less 
than
$200,000,000, shall use at least 50 percent of such al-
lotted funds to award subgrants described in subpara-
graphs (A) and (B) of paragraph (1);
(3) if the amount appropriated pursuant to the
authority of section 303 for such year is less than
$100,000,000, may use such allotted funds to award
subgrants described in subparagraphs (A) and (B) of
paragraph (1); and
(4) shall use any such allotted funds not used in
accordance with paragraphs (1), (2), and (3) to de-
velop, revise, expand, or implement a State improve-
ment plan described in section 306.
(b) SUCCEEDING YEARS.—Each State educational
agency that receives an allotment under this title for any
year after the first year of participation shall—
(1) use at least 85 percent of such allotment
funds in each such year to make subgrants—
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(A) for the implementation of the State im-
provement plan and of local improvement plans
in accordance with section 309(a); and
(B) to improve educator and related services
personnel preservice programs and for profes-
sional development activities that are consistent
with the State improvement plan in accordance
with section 309(b); and
(2) shall use the remainder of such allotted funds
for State activities designed to implement the State
improvement plan, such as—
(A) supporting the development or adoption
of challenging State content standards, challeng-
ing State student performance standards, com-
prehensive State opportunity-to-learn standards,
and assessment tools linked to the standards, in-
cluding activities assisted—
(i) through consortia of States; or
(ii) with the assistance of the National
Education Standards and Improvement
Council established under part B of title II;
(B) supporting the implementation of high-
performance management and organizational
strategies, such as site-based management, shared
decisionmaking, or quality management prin-
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ciples, to promote effective implementation of
such plan;
(C) supporting the development and imple-
mentation, at the local educational agency and
school building level, of improved human re-
source development systems for recruiting, select-
ing, mentoring, supporting, evaluating and re-
warding educators;
(D) providing special attention to the needs
of minority, disabled, and female students, in-
cluding instructional programs and activities
that encourage such students in elementary and
secondary schools to aspire to enter and complete
postsecondary education or training;
(E) supporting innovative and proven
methods of enhancing a teacher’s ability to iden-
tify student learning needs, and motivating stu-
dents to develop higher order thinking skills, dis-
cipline, and creative resolution methods, includ-
ing significantly reducing class size and promot-
ing instruction in chess;
(F) supporting the development, at the
State or local level, of performance-based ac-
countability and incentive systems for schools;
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(G) outreach to and training for parents,
tribal officials, organizations serving young chil-
dren, classroom teachers, related services person-
nel, and other educators, and the public, related
to education improvement;
(H) providing technical assistance and
other services to increase the capacity of local
educational agencies and schools to develop and
implement systemic local improvement plans,
implement new assessments or systems of assess-
ments described in the State improvement plan
developed in accordance with section 306, and
develop curricula consistent with the challenging
State content standards and challenging State
student performance standards;
(I) promoting mechanisms for increasing
public school choice, including information and
referral programs which provide parents infor-
mation on available choices and other initiatives
to promote the establishment of innovative new
public schools, including magnet schools and
charter schools;
(J) supporting activities relating to the
planning of, start-up costs associated with, and
evaluation of, projects under which local edu-
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cational agencies or schools contract with private
management organizations to reform a school;
(K) supporting intergenerational mentoring
programs; and
(L) collecting and analyzing data; and
(M) supporting the development, at the
State or local level, of school-based programs that
restore discipline and reduce violence in schools
and communities, such as community mobiliza-
tion programs.
(c) LIMIT ON ADMINISTRATIVE COSTS.—A State edu-
cational agency that receives an allotment under this title
in any fiscal year shall use not more than 4 percent of such
allotment in such year, or $100,000, whichever is greater,
for administrative expenses, which administrative expenses
shall not include the expenses related to the activities of the
panel established under section 306(b)(1).
(d) SPECIAL RULE.—Any new public school estab-
lished under this title—
(1) shall be nonsectarian;
(2) shall not be affiliated with a nonpublic sec-
tarian school or religious institution; and
(3) shall operate under the authority of a State
educational agency or local educational agency.
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SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFES-
SIONAL DEVELOPMENT.
(a) 
SUBGRANTS
TO
LOCAL
EDUCATIONAL
AGENCIES.—
(1) IN GENERAL.—(A) Each State educational
agency, through a competitive process, shall make
subgrants to local educational agencies to carry out
the authorized activities described in paragraph (4).
(B) Each subgrant described in subparagraph
(A) shall be for a project of sufficient duration and
of sufficient size, scope, and quality to carry out the
purpose of this title effectively.
(2) APPLICATION
REQUIRED.—Each local edu-
cational agency desiring to receive a subgrant under
this subsection shall submit an application to the
State educational agency that—
(A) is developed by a broad-based panel, ap-
pointed by the local educational agency, that is
representative of the diversity of the students and
community to be served with regard to race, lan-
guage, ethnicity, gender, disability and socio-
economic characteristics, and includes teachers,
related services personnel, secondary school stu-
dents, parents, school administrators, business
representatives, early childhood educators, rep-
resentatives of community-based organizations,
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and others, as appropriate, and is approved by
the local educational agency, including any
modifications the local educational agency deems
appropriate;
(B) includes, in the application submitted
for the second year of participation, a com-
prehensive local improvement plan for school dis-
trict-wide education improvement, directed at
enabling all students to meet high academic
standards, including specific goals and bench-
marks, and includes a strategy for—
(i) ensuring that all students have a
fair opportunity to learn;
(ii) improving teaching and learning;
(iii) improving governance and man-
agement;
(iv) generating and maintaining pa-
rental and community involvement; and
(v) expanding improvements through-
out the local educational agency;
(C) describes how the local educational
agency will encourage and assist schools to de-
velop and implement comprehensive school im-
provement plans that focus on helping all stu-
dents meet high academic standards and that
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address each element of the local educational
agency’s local improvement plan described in
subparagraph (B);
(D) describes how the local educational
agency will implement specific programs aimed
at ensuring improvements in school readiness
and the ability of students to learn effectively at
all grade levels by identifying the most pressing
needs facing students and their families with re-
gard to social services, health care, nutrition,
and child care, and entering into partnerships
with public and private nonprofit agencies to in-
crease the access of students and families to co-
ordinated nonsectarian services in a school set-
ting or at a nearby site;
(E) describes how the subgrant funds will be
used by the local educational agency, and the
procedures to be used to make funds available to
schools in accordance with paragraph (4)(A);
(F) identifies, with an explanation, any
State or Federal requirements that the local edu-
cational agency believes impede educational im-
provement and that such agency requests be
waived in accordance with section 311, which re-
102
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quests shall promptly be transmitted to the Sec-
retary by the State educational agency; and
(G) contains such other information as the
State educational agency may reasonably re-
quire.
(3) MONITORING.—The panel described in para-
graph (2)(A), after approval of the local educational
agency’s application by the State educational agency,
shall be informed of progress on such plan by the local
educational agency, and the local educational agency
shall monitor the implementation and effectiveness of
the local improvement plan in close consultation with
teachers, related services personnel, principals, ad-
ministrators, and parents from schools receiving
funds under this title, as well as assure that imple-
mentation of the local improvement plan does not re-
sult in a significant increase in paperwork for teach-
ers. The panel shall review such plan and based on
the progress described in the preceding sentence, deter-
mine if revisions to the local improvement plan
should be recommended to the local educational agen-
cy. The panel shall periodically report such deter-
mination to the public.
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(4) AUTHORIZED
ACTIVITIES.—A local edu-
cational agency that receives a subgrant under this
subsection—
(A) in the first year such agency receives
the subgrant shall use—
(i) not more than 25 percent of the
subgrant funds to develop a local improve-
ment plan or for any local educational
agency activities approved by the State edu-
cational agency that are reasonably related
to carrying out the State or local improve-
ment plans, including the establishment of
innovative new public schools; and
(ii) not less than 75 percent of the
subgrant funds to support individual school
improvement initiatives related to provid-
ing all students in the school the oppor-
tunity to meet high academic standards;
and
(B) in subsequent years, shall use the
subgrant funds for any activities approved by
the State educational agency that are reasonably
related to carrying out the State or local im-
provement plans (including the establishment of
innovative new public schools), except that at
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least 85 percent of such funds shall be made
available to individual schools to develop and
implement comprehensive school improvement
plans designed to help all students meet high
academic standards.
(b) SUBGRANTS
FOR PRESERVICE TEACHER EDU-
CATION AND PROFESSIONAL DEVELOPMENT ACTIVITIES.—
(1) IN GENERAL.—(A) Each State educational
agency, through a competitive, peer review process,
shall make subgrants to a local educational agency, or
a consortium consisting of local educational agencies,
institutions of higher education, or nonprofit edu-
cation organizations, or any combination thereof, in
order to—
(i) improve preservice teacher and related
services personnel education programs in accord-
ance with the State improvement plan; and
(ii) support continuing, sustained profes-
sional development activities for educators in ac-
cordance with the State improvement plan.
(B) Each State educational agency awarding
subgrants under subparagraph (A) shall give priority
to awarding such subgrants to—
(i) a local educational agency or consortium
serving a greater number or percentage of dis-
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advantaged students than the statewide average
of such number or percentage; or
(ii) a consortium that has a demonstrated
record of working with school districts, such as
a consortium that—
(I) prepares and screens teacher in-
terns in professional development school
sites;
(II) focuses on upgrading teachers’
knowledge of content areas; or
(III) targets preparation and contin-
ued professional development of teachers of
students with limited-English proficiency
and students with disabilities.
(C) In order to be eligible to receive a subgrant
described in subparagraph (A), a consortium shall in-
clude at least 1 local educational agency.
(2) APPLICATION.—A local educational agency
or consortium that desires to receive a subgrant under
this subsection shall submit an application to the
State educational agency that—
(A) describes how the local educational
agency or consortium will use the subgrant to
improve teacher preservice and school adminis-
trator education programs or to implement edu-
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cator and related services personnel professional
development activities in accordance with the
State improvement plan;
(B) identifies the criteria to be used by the
local educational agency or consortium to judge
improvements in preservice education or the ef-
fects of professional development activities in ac-
cordance with the State improvement plan; and
(C) contains any other information that the
State educational agency determines is appro-
priate.
(3) AUTHORIZED ACTIVITIES.—A recipient of a
subgrant under this subsection shall use the subgrant
funds for activities supporting—
(A) the improvement of preservice teacher
education and school administrator programs so
that such programs equip educators with the sub-
ject matter and pedagogical expertise necessary
for preparing all students to meet challenging
standards; or
(B) the development and implementation of
new and improved forms of continuing and sus-
tained professional development opportunities for
teachers, related services personnel, principals,
and other educators at the school or school dis-
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trict level that equip such individuals with such
expertise, and with other knowledge and skills
necessary for leading and participating in con-
tinuous education improvement.
(c) SPECIAL AWARD RULES.—
(1) IN GENERAL.—(A) Each State educational
agency shall award at least 65 percent of subgrant
funds under subsection (a) in each fiscal year to local
educational agencies that have a greater percentage or
number of disadvantaged children than the statewide
average percentage or number for all local educational
agencies in the State.
(B) At least 50 percent of the subgrant funds
made available by a local educational agency to indi-
vidual schools under subsection (a) in any fiscal year
shall be made available to schools with a special need
for assistance, as indicated by a high number or per-
centage of students from low-income families, low stu-
dent achievement, or other similar criteria developed
by the local educational agency.
(2) WAIVER.—The State educational agency may
waive the requirement of paragraph (1)(A) if such
agency does not receive a sufficient number of appli-
cations from local educational agencies in the State
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to enable the State educational agency to comply with
such requirement.
SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.
Proportionate to the number of children in a State or
in a local educational agency who are enrolled in private
elementary or secondary schools—
(1) a State educational agency or local edu-
cational agency which uses funds under this title to
develop goals, challenging State content standards or
challenging State student performance standards, cur-
ricular materials, and assessments or systems of as-
sessments shall, upon request, make information relat-
ed to such goals, standards, materials, and assess-
ments or systems available to private schools; and
(2) a State educational agency or local edu-
cational agency which uses funds under this title for
teacher and administrator training shall provide in
the State improvement plan described in section 306
for the training of teachers and administrators in
private schools located in the geographical area served
by such agency.
SEC. 311. WAIVERS OF STATUTORY AND REGULATORY RE-
QUIREMENTS.
(a) WAIVER AUTHORITY.—
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(1) IN GENERAL.—Except as provided in sub-
section (c), the Secretary may waive any statutory or
regulatory requirement applicable to any program or
Act described in subsection (b) for a State educational
agency, local educational agency, or school, if—
(A) and only to the extent that, the Sec-
retary determines that such requirement impedes
the ability of the State, or of a local educational
agency or school in the State, to carry out the
State or local improvement plan;
(B) the State educational agency has
waived, or agrees to waive, similar requirements
of State law;
(C) in the case of a statewide waiver, the
State educational agency—
(i) provides all local educational agen-
cies in the State with notice and an oppor-
tunity to comment on the State educational
agency’s proposal to seek a waiver; and
(ii) submits the local educational agen-
cies’ comments to the Secretary; and
(D) in the case of a local educational agen-
cy waiver, the local educational agency provides
parents, community groups, and advocacy or
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civil rights groups with the opportunity to com-
ment on the proposed waiver.
(2) APPLICATION.—(A)(i) To request a waiver, a
local educational agency or school that receives funds
under this Act, or a local educational agency or school
that does not receive funds under this Act but is un-
dertaking school reform efforts and has an education
reform plan approved by the State, shall transmit an
application for a waiver under this section to the
State educational agency. The State educational
agency then shall submit approved applications for a
waiver under this section to the Secretary.
(ii) A State educational agency requesting a
waiver under this section shall submit an application
for such waiver to the Secretary.
(B) Each application submitted to the Secretary
under subparagraph (A) shall—
(i) describe the purposes and overall ex-
pected outcomes of the request for a waiver and
how progress for achieving such outcomes will be
measured;
(ii) identify each Federal program to be in-
volved in the request for a waiver and each Fed-
eral statutory or regulatory requirement to be
waived;
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(iii) describe each State and local require-
ment that will be waived; and
(iv) demonstrate that the State has made a
commitment to waive related requirements per-
taining to the State educational agency, local
educational agency or school.
(3) 
TIMELINESS.—The 
Secretary 
shall 
act
promptly on a waiver request and shall provide a
written statement of the reasons for granting or deny-
ing such request.
(4) DURATION.—
(A) IN GENERAL.—Each waiver under this
section may be for a period not to exceed 5 years.
(B) EXTENSION.—The Secretary may ex-
tend the period described in subparagraph (A) if
the Secretary determines that the waiver has
been effective in enabling the State or affected
local educational agencies to carry out their re-
form plans.
(b) INCLUDED PROGRAMS.—The statutory or regu-
latory requirements subject to the waiver authority of this
section are any such requirements under the following pro-
grams or Acts:
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(1) Chapter 1 of title I of the Elementary and
Secondary Education Act of 1965, including Even
Start.
(2) Part A of chapter 2 of title I of the Elemen-
tary and Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics and
Science Education Act.
(4) The Emergency Immigrant Education Act of
1984.
(5) The Drug-Free Schools and Communities Act
of 1986.
(6) The Carl D. Perkins Vocational and Applied
Technology Education Act.
(c) WAIVERS NOT AUTHORIZED.—The Secretary may
not waive any statutory or regulatory requirement of the
programs or Acts described in subsection (b)—
(1) relating to—
(A) maintenance of effort;
(B) comparability of services;
(C) the equitable participation of students
and professional staff in private schools;
(D) parental participation and involve-
ment; and
(E) the distribution of funds to States or to
local educational agencies; and
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(2) unless the underlying purposes of the statu-
tory requirements of each program or Act for which
a waiver is granted continue to be met to the satisfac-
tion of the Secretary.
(d) TERMINATION OF WAIVERS.—The Secretary shall
periodically review the performance of any State, local edu-
cational agency, or school for which the Secretary has
granted a waiver and shall terminate the waiver if the Sec-
retary determines that the performance of the State, the
local educational agency, or the school in the area affected
by the waiver has been inadequate to justify a continuation
of the waiver.
(e) FLEXIBILITY DEMONSTRATION.—
(1) SHORT TITLE.—This subsection may be cited
as the ‘‘Education Flexibility Partnership Dem-
onstration Act’’.
(2) PROGRAM AUTHORIZED.—
(A) IN
GENERAL.—The Secretary shall
carry out an education flexibility demonstration
program under which the Secretary authorizes
not more than 6 eligible States to waive any
statutory or regulatory requirement applicable to
any program or Act described in subsection (b),
other than requirements described in subsection
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(c), for such eligible State or any local edu-
cational agency or school within such State.
(B) AWARD RULE.—In carrying out sub-
paragraph (A), the Secretary shall select for par-
ticipation in the demonstration program de-
scribed in subparagraph (A) three eligible States
that each have a population of 3,500,000 or
greater and three eligible States that each have
a population of less than 3,500,000, determined
in accordance with the most recent decennial
census of the population performed by the Bu-
reau of the Census.
(C) DESIGNATION.—Each eligible State
participating in the demonstration program de-
scribed in subparagraph (A) shall be known as
an ‘‘Ed-Flex Partnership State’’.
(3) ELIGIBLE STATE.—For the purpose of this
subsection the term ‘‘eligible State’’ means a State
that—
(A) has developed a State improvement
plan under section 306 that is approved by the
Secretary; and
(B) waives State statutory or regulatory re-
quirements relating to education while holding
local educational agencies or schools within the
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State that are affected by such waivers account-
able for the performance of the students who are
affected by such waivers.
(4) STATE
APPLICATION.—(A) Each eligible
State desiring to participate in the education flexibil-
ity demonstration program under this subsection
shall submit an application to the Secretary at such
time, in such manner, and containing such informa-
tion as the Secretary may reasonably require. Each
such application shall demonstrate that the eligible
State has adopted an educational flexibility plan for
such State that includes—
(i) a description of the process the eligible
State will use to evaluate applications from local
educational agencies or schools requesting waiv-
ers of—
(I) Federal statutory or regulatory re-
quirements described in paragraph (2)(A);
and
(II) State statutory or regulatory re-
quirements relating to education; and
(ii) a detailed description of the State statu-
tory and regulatory requirements relating to
education that the eligible State will waive.
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(B) The Secretary may approve an application
described in subparagraph (A) only if the Secretary
determines that such application demonstrates sub-
stantial promise of assisting the eligible State and af-
fected local educational agencies and schools within
such State in carrying out comprehensive educational
reform and otherwise meeting the purposes of this Act,
after considering—
(i) the comprehensiveness and quality of the
educational flexibility plan described in subpara-
graph (A);
(ii) the ability of such plan to ensure ac-
countability for the activities and goals described
in such plan;
(iii) the significance of the State statutory
or regulatory requirements relating to education
that will be waived; and
(iv) the quality of the eligible State’s process
for approving applications for waivers of Fed-
eral statutory or regulatory requirements de-
scribed in paragraph (2)(A) and for monitoring
and evaluating the results of such waivers.
(5) LOCAL APPLICATION.—(A) Each local edu-
cational agency or school requesting a waiver of a
Federal statutory or regulatory requirement described
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in paragraph (2)(A) and any relevant State statutory
or regulatory requirement from an eligible State shall
submit an application to such State at such time, in
such manner, and containing such information as
such State may reasonably require. Each such appli-
cation shall—
(i) indicate each Federal program affected
and the statutory or regulatory requirement that
will be waived;
(ii) describe the purposes and overall ex-
pected outcomes of waiving each such require-
ment;
(iii) describe for each school year specific,
measurable, educational goals for each local edu-
cational agency or school affected by the pro-
posed waiver; and
(iv) explain why the waiver will assist the
local educational agency or school in reaching
such goals.
(B) An eligible State shall evaluate an applica-
tion submitted under subparagraph (A) in accordance
with the State’s educational flexibility plan described
in paragraph (4)(A).
(C) An eligible State shall not approve an appli-
cation for a waiver under this paragraph unless—
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(i) the local educational agency or school re-
questing such waiver has developed a local re-
form plan that is applicable to such agency or
school, respectively; and
(ii) the waiver of Federal statutory or regu-
latory requirements described in paragraph
(2)(A) will assist the local educational agency or
school in reaching its educational goals.
(6) MONITORING.—Each eligible State partici-
pating in the demonstration program under this sub-
section shall annually monitor the activities of local
educational agencies and schools receiving waivers
under this subsection and shall submit an annual re-
port regarding such monitoring to the Secretary.
(7) DURATION OF FEDERAL WAIVERS.—(A) The
Secretary shall not approve the application of an eli-
gible State under paragraph (4) for a period exceed-
ing 5 years, except that the Secretary may extend
such period if the Secretary determines that the eligi-
ble State’s authority to grant waivers has been effec-
tive in enabling such State or affected local edu-
cational agencies or schools to carry out their local re-
form plans.
(B) The Secretary shall periodically review the
performance of any eligible State granting waivers of
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Federal statutory or regulatory requirements de-
scribed in paragraph (2)(A) and shall terminate such
State’s authority to grant such waivers if the Sec-
retary determines, after notice and opportunity for
hearing, that such State’s performance has been inad-
equate to justify continuation of such authority.
(f) RESULTS-ORIENTED ACCOUNTABILITY.—In decid-
ing whether to extend a request for a waiver under this sec-
tion the Secretary shall review the progress of the State edu-
cational agency, local educational agency or school receiv-
ing a waiver to determine if such agency or school has made
progress toward achieving the outcomes described in the ap-
plication submitted pursuant to subsection (a)(2)(B)(i).
SEC. 312. PROGRESS REPORTS.
(a) STATE REPORTS
TO
THE SECRETARY.—Each
State educational agency that receives an allotment under
this title shall annually report to the Secretary—
(1) on the State’s progress in meeting the State’s
goals and plans;
(2) on the State’s proposed activities for the suc-
ceeding year; and
(3) in summary form, on the progress of local
educational agencies in meeting local goals and plans.
(b) SECRETARY’S REPORTS TO CONGRESS.—By April
30, 1996, and every 2 years thereafter, the Secretary shall
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submit a report to the Committee on Education and Labor
of the House of Representatives and the Committee on
Labor and Human Resources of the Senate describing—
(1) the activities assisted under, and outcomes of,
grants or contracts under paragraph (2) of section
313(b), including—
(A) a description of the purpose, uses, and
technical merit of assessments evaluated with
funds awarded under such paragraph; and
(B) an analysis of the impact of such as-
sessments on the performance of students, par-
ticularly students of different racial, gender, eth-
nic, or language groups and individuals with
disabilities;
(2) the activities assisted under, and outcomes of,
allotments under this title; and
(3) the effect of waivers granted under section
311, including—
(A) a listing of all State educational agen-
cies, local educational agencies and schools seek-
ing and receiving waivers;
(B) a summary of the State and Federal
statutory or regulatory requirements that have
been waived, including the number of waivers
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sought and granted under each such statutory or
regulatory requirement;
(C) a summary of waivers that have been
terminated, including a rationale for the termi-
nations; and
(D) recommendations to the Congress re-
garding changes in statutory or regulatory re-
quirements, particularly those actions that
should be taken to overcome Federal statutory or
regulatory impediments to education reform.
(c) TECHNICAL AND OTHER ASSISTANCE REGARDING
SCHOOL FINANCE EQUITY.—
(1) TECHNICAL ASSISTANCE.—(A) From the na-
tional 
leadership 
funds 
reserved 
in 
section
304(a)(2)(A), the Secretary is authorized to make
grants to, and enter into contracts and cooperative
agreements with, State educational agencies and other
public and private agencies, institutions, and organi-
zations to provide technical assistance to State and
local educational agencies to assist such agencies in
achieving a greater degree of equity in the distribu-
tion of financial resources for education among local
educational agencies in the State.
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(B) A grant, contract or cooperative agreement
under this subsection may support technical assist-
ance activities, such as—
(i) the establishment and operation of a
center or centers for the provision of technical as-
sistance to State and local educational agencies;
(ii) the convening of conferences on equali-
zation of resources within local educational agen-
cies, within States, and among States; and
(iii) obtaining advice from experts in the
field of school finance equalization.
(2) DATA.—Each State educational agency or
local educational agency receiving assistance under
the Elementary and Secondary Education Act of
1965 shall provide such data and information on
school finance as the Secretary may require to carry
out this subsection.
(3) MODELS.—The Secretary is authorized, di-
rectly or through grants, contracts, or cooperative
agreements, to develop and disseminate models and
materials useful to States in planning and imple-
menting revisions of the school finance systems of
such States.
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SEC. 313. NATIONAL LEADERSHIP.
(a) TECHNICAL ASSISTANCE
AND INTEGRATION
OF
STANDARDS.—From funds reserved in each fiscal year
under section 304(a)(2)(A), the Secretary may, directly or
through grants or contracts—
(1) provide technical assistance to States, local
educational agencies, and tribal agencies developing
or implementing school improvement plans, in a
manner that ensures that such assistance is broadly
available; or
(2) support model projects to integrate multiple
content standards, if—
(A) such standards are certified by the Na-
tional Education Standards and Improvement
Council and approved by the National Goals
Panel for different subject areas, in order to pro-
vide balanced and coherent instructional pro-
grams for all students; and
(B) such projects are appropriate for a wide
range of diverse circumstances, localities (includ-
ing both urban and rural communities), and
populations.
(b) INNOVATIVE PROGRAMS; ASSESSMENT; EVALUA-
TION.—From not more than 50 percent of the funds reserved
in each fiscal year under section 304(a)(2)(A), the Sec-
retary, directly or through grants or contracts, shall—
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(1) provide urban and rural local educational
agencies, schools, or consortia thereof, with assistance
for innovative or experimental programs in systemic
education reform that are not being undertaken
through grants provided under section 309(a), giving
special consideration or priority to local educational
agencies, schools, or consortia thereof that serve large
numbers or concentrations of economically disadvan-
taged students, including students of limited-English
proficiency; or
(2) provide a State or local educational agency,
nonprofit organization or consortium thereof with as-
sistance to help defray the cost of developing, field
testing and evaluating an assessment or system of as-
sessments with a priority on grants or contracts for
limited-English proficiency students or students with
disabilities, if—
(A) such assessment or system—
(i) is to be used for some or all of the
purposes described in section 213(e)(1)(B);
and
(ii) is aligned to State content stand-
ards certified by the National Education
Standards and Improvement Council; and
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(B) such agency, organization or consor-
tium—
(i) examines the validity, reliability,
and fairness of such assessment or system,
for the particular purposes for which such
assessment or system was developed; and
(ii) devotes special attention to how
such assessment or system treats all stu-
dents, especially with regard to the race,
gender, ethnicity, disability and language
proficiency of such students.
(c) 
DATA
AND
DISSEMINATION.—The 
Secretary
shall—
(1) gather data on, conduct research on, and
evaluate systemic education improvement, including
the programs authorized by this title; and
(2) disseminate research findings and other in-
formation on outstanding examples of systemic edu-
cation improvement in States and local communities
through existing dissemination systems within the De-
partment of Education, including through publica-
tions, electronic and telecommunications mediums,
conferences, and other means.
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SEC. 314. ASSISTANCE TO THE OUTLYING AREAS AND TO
THE SECRETARY OF THE INTERIOR.
(a) OUTLYING AREAS.—
(1) IN GENERAL.—Funds reserved for the outly-
ing areas in each fiscal year under section
304(a)(1)(A) shall be made available to, and expended
by, such areas, under such conditions and in such
manner as the Secretary determines will best meet the
purposes of this title.
(2) INAPPLICABILITY OF PUBLIC LAW 95–134.—
The provisions of Public Law 95–134, permitting the
consolidation of grants to the Insular Areas, shall not
apply to funds received by such areas under this title.
(b) SECRETARY OF THE INTERIOR.—The funds re-
served by the Secretary for the Secretary of the Interior
under section 304(a)(1)(B) shall be made available to the
Secretary of the Interior pursuant to an agreement between
the Secretary and the Secretary of the Interior containing
such terms and assurances, consistent with this title, as the
Secretary determines will best achieve the purpose of this
title.
(c) SECRETARY OF DEFENSE.—The Secretary shall
consult with the Secretary of Defense to ensure that, to the
extent practicable, the purposes of this title are applied to
the Department of Defense schools.
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SEC. 315. CLARIFICATION REGARDING STATE STANDARDS
AND ASSESSMENTS.
Notwithstanding any other provision of this title,
standards, assessments, and systems of assessments de-
scribed in a State improvement plan submitted in accord-
ance with section 306 shall not be required to be certified
by the Council.
SEC. 316. STATE PLANNING FOR IMPROVING STUDENT
ACHIEVEMENT THROUGH INTEGRATION OF
TECHNOLOGY INTO THE CURRICULUM.
(a) PURPOSE.—It is the purpose of this section to as-
sist each State to plan effectively for improved student
learning in all schools through the use of technology as an
integral part of the State improvement plan described in
section 306.
(b) PROGRAM AUTHORIZED.—
(1) AUTHORITY.—The Secretary shall award
grants in accordance with allocations under para-
graph (2) to each State educational agency that, as
part of its application under section 305, requests a
grant to develop (or continue the development of), and
submits as part of the State improvement plan de-
scribed in section 306, a systemic statewide plan to
increase the use of state-of-the-art technologies that
enhance elementary and secondary student learning
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and staff development in support of the National
Education Goals and challenging standards.
(2) FORMULA.—From the amount appropriated
pursuant to the authority of subsection (f) in each fis-
cal year, each State educational agency with an ap-
plication approved under section 305 shall receive a
grant under paragraph (1) in such year in an
amount determined on the same basis as allotments
are made to State educational agencies under sub-
sections (b) and (c) of section 304 for such year, ex-
cept that each such State shall receive at least 11⁄2
percent of the amount appropriated pursuant to such
authority or $75,000, whichever is greater.
(3) DURATION.—A State educational agency
may receive assistance under this section for not more
than 2 fiscal years.
(c) PLAN OBJECTIVES.—Each State educational agen-
cy shall use funds received under this section to develop and,
if the Secretary has approved the systemic statewide plan,
to implement such plan. Such plan shall have as its objec-
tives—
(1) the promotion of higher student achievement
through the use of technology in education;
(2) the participation of all schools and school
districts in the State, especially those schools and dis-
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tricts with a high percentage of disadvantaged stu-
dents;
(3) the development and implementation of a
cost-effective, high-speed, statewide, interoperable,
wide-area-communication educational technology sup-
port system for elementary and secondary schools
within the State, particularly for such schools in
rural areas; and
(4) the promotion of shared usage of equipment,
facilities, and other technology resources by adult
learners during after-school hours.
(d) PLAN REQUIREMENTS.—At a minimum, each sys-
temic statewide plan shall—
(1) be developed by a task force that—
(A) includes among its members experts in
the educational use of technology and representa-
tives of the State panel described in section
306(b); and
(B) ensures that such plan is integrated
into the State improvement plan described in
section 306;
(2) be developed in collaboration with the Gov-
ernor, representatives of the State legislature, the
State board of education, institutions of higher edu-
cation, appropriate State agencies, local educational
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agencies, public and private telecommunication enti-
ties, parents, public and school libraries, students,
adult literacy providers, and leaders in the field of
technology, through a process of statewide grassroots
outreach to local educational agencies and schools in
the State;
(3) identify and describe the requirements for in-
troducing state-of-the-art technologies into the class-
room and school library in order to enhance edu-
cational curricula, including the installation and on-
going maintenance of basic connections, hardware
and the necessary support materials;
(4) describe how the application of advanced
technologies in the schools will enhance student learn-
ing, provide greater access to individualized instruc-
tion, promote the strategies described in section
306(d), and help make progress toward the achieve-
ment of the National Education Goals;
(5) describe how the ongoing training of edu-
cational personnel will be provided;
(6) describe the resources necessary, and proce-
dures, for providing ongoing technical assistance to
carry out such plan;
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(13) describe how the State educational agency
will apply the uses of technology to meet the needs of
children from low-income families; and
(14) describe the process through which such
plan will be reviewed and updated periodically.
(e) REPORTS.—Each State educational agency receiv-
ing a grant under this section shall submit a report to the
Secretary within 1 year of the date such agency submits
to the Secretary its systemic statewide plan under this sec-
tion. Such report shall—
(1) describe the State’s progress toward imple-
mentation of the provisions of such plan;
(2) describe any revisions to the State’s long-
range plans for technology;
(3) describe the extent to which resources pro-
vided pursuant to such plan are distributed among
schools to promote the strategies described in section
306(d); and
(4) include any other information the Secretary
deems appropriate.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $10,000,000 for fiscal year
1994, and such sums as may be necessary for fiscal year
1995, to carry out this section.
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TITLE IV—MISCELLANEOUS
SEC. 401. PUBLIC SCHOOLS.
Except as provided in section 310, nothing in this Act
shall be construed to authorize the use of funds under title
III of this Act to directly or indirectly benefit any school
other than a public school.
SEC. 402. CONSTRUCTION.
Nothing in this Act shall be construed—
(1) to supersede the provisions of section 103 of
the Department of Education Organization Act;
(2) to require the teaching of values or the estab-
lishment of school-based clinics as a condition of re-
ceiving funds under this Act;
(3) to mandate limitations or class size for a
State, local educational agency or school;
(4) to mandate a Federal teacher certification
system for a State, local educational agency or school;
(5) to mandate teacher instructional practices
for a State, local educational agency or school;
(6) to mandate equalized spending per pupil for
a State, local educational agency or school;
(7) to mandate national school building stand-
ards for a State, local educational agency or school;
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(8) to mandate curriculum content for a State,
local educational agency or school; and
(9) to mandate any curriculum framework, in-
structional material, examination, assessment or sys-
tem of assessments for private, religious, or home
schools.
SEC. 403. KHALID ABDUL MOHAMMED.
It is the sense of the Senate that the speech made by
Mr. Khalid Abdul Mohammed at Kean College on November
29, 1993, was false, anti-Semitic, racist, divisive, repug-
nant and a disservice to all Americans and is therefore con-
demned.
SEC. 404. PROHIBITION ON FEDERAL MANDATES, DIREC-
TION, AND CONTROL.
Nothing in this Act shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school’s curriculum, program of instruction, or allocation
of State or local resources or mandate a State or any sub-
division thereof to spend any funds or incur any costs not
paid for under this Act.
SEC. 405. SCHOOL PRAYER.
No funds made available through the Department of
Education under this Act, or any other Act, shall be avail-
able to any State of local educational agency which has a
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policy of denying, or which effectively prevents participa-
tion in, constitutionality protected prayer in public schools
by individuals on a voluntary basis. Neither the United
States nor any State nor any local educational agency shall
require any person to participate in prayer or influence
the form or content of any constitutionality protected pray-
er in such public schools.
SEC. 406. DAILY SILENCE FOR STUDENTS.
It is the sense of the Senate that local educational
agencies should encourage a brief period of daily silence for
students for the purpose of contemplating their aspirations;
for considering what they hope and plan to accomplish that
day; for considering how their own actions of that day will
effect themselves and others around them, including their
schoolmates, friends and families; for drawing strength
from whatever personal, moral or religious beliefs or posi-
tive values they hold; and for such other introspection and
reflection as will help them develop and prepare them for
achieving the goals of this Act.
SEC. 407. FUNDING FOR THE INDIVIDUALS WITH DISABIL-
ITIES EDUCATION ACT.
(a) The Senate finds that—
(1) the Individuals with Disabilities Education
Act was established with the commitment of forty per-
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cent Federal funding but currently receives only eight
percent Federal funding;
(2) this funding shortfall is particularly burden-
some to school districts and schools in low-income
areas which serve higher than average proportions of
students with disabilities and have fewer local re-
sources to contribute; and
(3) it would cost the Federal Government ap-
proximately $10,000,000,000 each year to fully fund
the Individuals with Disabilities Education Act.
(b) It is the sense of the Senate that the Federal Gov-
ernment should provide States and communities with ade-
quate resources under the Individuals with Disabilities
Education Act as soon as reasonably possible, through the
reallocation of funds within the current budget monetary
constraints.
SEC. 408. NATIONAL BOARD FOR PROFESSIONAL TEACHING
STANDARDS.
Section 551 of the Higher Education Act of 1965 (20
U.S.C. 1107) is amended—
(1) in paragraph (1) of subsection (b), by strik-
ing ‘‘the Federal share of’’;
(2) in subparagraph (B) of subsection (e)(1), by
striking ‘‘share of the cost of the activities of the
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Board is’’ and inserting ‘‘contributions described in
subsection (f) are’’; and
(3) by amending subsection (f) to read as follows:
‘‘(f) MATCHING FUNDS REQUIREMENT.—
‘‘(1) IN GENERAL.—The Secretary shall not pro-
vide financial assistance under this subpart to the
Board unless the Board agrees to expend non-Federal
contributions equal to $1 for every $1 of the Federal
funds provided pursuant to such financial assistance.
‘‘(2) NON-FEDERAL CONTRIBUTIONS.—The non-
Federal contributions described in paragraph (1)—
‘‘(A) may include all non-Federal funds
raised by the Board on or after January 1, 1987;
and
‘‘(B) may be used for outreach, implementa-
tion, administration, operation, and other costs
associated with the development and implemen-
tation of national teacher assessment and certifi-
cation procedures under this subpart.’’.
SEC. 409. FORGIVENESS OF CERTAIN OVERPAYMENTS.
(a) IN GENERAL.—Notwithstanding section 1401 of
the Elementary and Secondary Education Act of 1965 or
any other provision of law—
(1) the allocation of funds appropriated for fiscal
year 1993 under the Department of Education Appro-
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Education shall make appropriate arrangements with
the National Academy of Sciences to conduct a com-
prehensive study of the inclusion of children with dis-
abilities in GOALS 2000 school reform activities.
(2) DEFINITION.—For purposes of this section,
the term ‘‘children with disabilities’’ has the same
meaning given such in the Individuals with Disabil-
ities Education Act.
(b) STUDY COMPONENTS.—The study conducted under
subsection (a) shall include—
(1) an evaluation of the National Education
Goals and objectives, curriculum reforms, standards,
and other programs and activities intended to achieve
those goals;
(2) a review of the adequacy of assessments and
measures used to gauge progress towards meeting Na-
tional Education Goals and any national and State
standards, and an examination of other methods or
accommodations necessary or desirable to collect data
on the educational progress of children with disabil-
ities, and the costs of such methods and accommoda-
tions;
(3) an examination of what incentives or assist-
ance might be provided to States to develop improve-
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ment plans that adequately address the needs of chil-
dren with disabilities;
(4) the relation of Goals 2000 to other Federal
laws governing or affecting the education of children
with disabilities; and
(5) such other issues as the National Academy of
Sciences considers appropriate.
(c) STUDY PANEL MEMBERSHIP.—Any panel con-
stituted in furtherance of the study to be conducted under
subsection (a) shall include consumer representatives.
(d) FINDINGS
AND RECOMMENDATIONS.—The Sec-
retary of Education shall request the National Academy of
Sciences to submit an interim report of its findings and
recommendations to the President and Congress not later
than 12 months, and a final report not later than 24
months, from the date of the completion of procurement re-
lating to the study.
(e) FUNDING.—From such accounts as the Secretary
deems appropriate, the Secretary shall make available
$600,000 for fiscal year 1994, and such sums as may be
necessary for fiscal year 1995, to carry out this section.
Amounts made available under this subsection shall remain
available until expended.
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SEC. 411. MENTORING, PEER COUNSELING AND PEER TU-
TORING.
(a) CONGRESSIONAL FINDINGS.—The Congress finds
that—
(1) Mentoring, peer counseling and peer tutoring
programs provide role models for children and build
self-esteem;
(2) Mentoring, peer counseling and peer tutoring
programs promote learning and help students attain
the necessary skills they need to excel academically;
(3) Mentoring, peer counseling, and peer tutor-
ing programs provide healthy and safe alternatives to
involvement in drugs, gangs or other violent activi-
ties; and
(4) Mentoring, peer counseling, and peer tutor-
ing programs promote school, community and paren-
tal involvement in the livelihood and well-being of our
children.
(b) SENSE OF THE CONGRESS.—Therefore, it is the
Sense of the Congress that Federal education programs that
provide assistance to elementary and secondary education
students should include authorizations for establishing
mentoring, peer counseling and peer tutoring programs.
SEC. 412. CONTENT AND PERFORMANCE STANDARDS.
It is the sense of the Senate that because high academic
standards are the key to excellence for all students and a
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focus on results is an important direction for education re-
form, it is the sense of the Senate that States should develop
their own content and performance standards in academic
subject areas as an essential part of their State reform plan.
SEC. 413. STATE-SPONSORED HIGHER EDUCATION TRUST
FUND SAVINGS PLAN.
It is the sense of the Senate that—
(1) individuals should be encouraged to save to
meet the higher education costs of their children;
(2) an effective way to encourage those savings
is through State-sponsored higher education trust
fund savings plans; and
(3) an effective way for the Federal Government
to assist such plans is to amend the Federal tax laws
to provide that—
(A) no tax is imposed on the earnings on
contributions to the plans if the earnings are
used for higher education costs,
(B) State organizations sponsoring the
plans are exempt from Federal taxation, and
(C) any charitable gift to the plans are tax-
deductible and are distributed to recipients on a
pro rata basis.
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SEC. 414. AMENDMENTS TO SUMMER YOUTH EMPLOYMENT
AND TRAINING PROGRAM.
(a) PROGRAM DESIGN.—
(1) ACADEMIC
ENRICHMENT
AUTHORIZED.—
Paragraph (1) of section 253(a) of the Job Training
Partnership Act is amended by inserting ‘‘academic
enrichment’’ after ‘‘remedial education,’’.
(2) REQUIRED SERVICES AND DESIGN.—
(A) Subsection (c) of such section 253 is
amended by adding at the end the following new
paragraphs:
‘‘(3) BASIC
EDUCATION
AND
PREEMPLOYMENT
TRAINING.—The programs under this part shall pro-
vide, either directly or through arrangements with
other programs, each of the following services to a
participant where the assessment and the service
strategy indicate such services are appropriate:
‘‘(A) Basic and Remedial Education.
‘‘(B) Preemployment and Work Maturity
Skills Training.
‘‘(4) INTEGRATION OF WORK AND LEARNING.—
‘‘(A) WORK EXPERIENCE.—Work experience
provided under this part, to the extent feasible,
shall include contextual learning opportunities
which integrate the development of general com-
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petencies with the development of academic
skills.
‘‘(B) 
CLASSROOM
TRAINING.—Classroom
training provided under this part shall, to the
extent feasible, include opportunities to apply
knowledge and skills relating to academic sub-
jects to the world of work.’’.
(B) Section 253 of the Job Training Part-
nership Act is further amended by adding at the
end the following new subsection:
‘‘(e) EDUCATIONAL LINKAGES.—In conducting the
program assisted under this part, service delivery areas
shall establish linkages with the appropriate educational
agencies responsible for service to participants. Such link-
ages shall include arrangements to ensure that there is a
regular exchange of information relating to the progress,
problems and needs of participants, including the results
of assessments of the skill levels of participants.’’.
(C) Section 254 of the Job Training Part-
nership Act is amended by adding at the end the
following new subsection:
‘‘(c) PROHIBITION ON PRIVATE ACTIONS.—Nothing in
this part shall be construed to establish a right for a partici-
pant to bring an action to obtain services described in the
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assessment or service strategy developed under section
253(c).’’.
(b) TRANSFER
OF FUNDS
TO YEAR ROUND PRO-
GRAM.—Section 256 of the Job Training Partnership Act
is amended by striking ‘‘10 percent’’ and inserting ‘‘20 per-
cent’’.
SEC. 415. STATE AND LOCAL GOVERNMENT CONTROL OF
EDUCATION.
(a) FINDINGS.—
(1) Congress is interested in promoting State
and local government reform efforts in education;
(2) In Public Law 96–88 the Congress found
that education is fundamental to the development of
individual citizens and the progress of the Nation;
(3) In Public Law 96–88 the Congress found
that in our Federal system the responsibility for edu-
cation is reserved respectively to the States and the
local school systems and other instrumentalities of the
States;
(4) In Public Law 96–88 the Congress declared
the purpose of the Department of Education was to
supplement and complement the efforts of States, the
local school systems, and other instrumentalities of
the States, the private sector, public and private edu-
cational institutions, public and private nonprofit
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tion or over the selection or content of library re-
sources, textbooks, or other instructional materials by
any educational institution or school system, now
therefore
(b) REAFFIRMATION.—The Congress agrees and reaf-
firms that the responsibility for control of education is re-
served to the States and local school systems and other in-
strumentalities of the States and that no action shall be
taken under the provisions of this Act by the Federal Gov-
ernment which would, directly or indirectly, impose stand-
ards or requirements of any kind through the promulgation
of rules, regulations, provision of financial assistance and
otherwise, which would reduce, modify, or undercut State
and local responsibility for control of education.
SEC. 416. PROTECTION OF PUPILS.
Section 439 of the General Education Provisions Act
is amended to read as follows:
‘‘PROTECTION OF PUPIL RIGHTS
‘‘SEC. 439. (a) All instructional materials, including
teacher’s manuals, films, tapes, or other supplementary ma-
terial which will be used in connection with any survey,
analysis, or evaluation as part of any applicable program
shall be available for inspection by the parents or guardians
of the children.
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‘‘(b) No student shall be required, as part of any appli-
cable program, to submit to a survey, analysis, or evalua-
tion that reveals information concerning:
‘‘(1) political affiliations;
‘‘(2) mental and psychological problems poten-
tially embarrassing to the student or his family;
‘‘(3) sex behavior and attitudes;
‘‘(4) illegal, anti-social, self-incriminating and
demeaning behavior;
‘‘(5) critical appraisals of other individuals with
whom respondents have close family relationships;
‘‘(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians,
and ministers; or
‘‘(7) income (other than that required by law to
determine eligibility for participation in a program
or for receiving financial assistance under such pro-
gram),
without the prior consent of the student (if the student is
an adult or emancipated minor), or in the case of an
unemancipated minor, without the prior written consent of
the parent.
‘‘(c) Educational agencies and institutions shall give
parents and students effective notice of their rights under
this section.
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‘‘(d) ENFORCEMENT.—The Secretary shall take such
action as the Secretary determines appropriate to enforce
this section, except that action to terminate assistance pro-
vided under an applicable program shall be taken only if
the Secretary determines that—
‘‘(1) there has been a failure to comply with such
section; and
‘‘(2) compliance with such section cannot be se-
cured by voluntary means.
‘‘(e) OFFICE AND REVIEW BOARD—The Secretary shall
establish or designate an office and review board within the
Department of Education to investigate, process, review,
and adjudicate violations of the rights established under
this section.’’.
SEC. 417. CONTRACEPTIVE DEVICES.
The Department of Health and Human Services and
the Department of Education shall ensure that all federally
funded programs which provide for the distribution of con-
traceptive devices to unemancipated minors develop proce-
dures to encourage, to the extent practical, family partici-
pation in such programs.
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SEC. 418. EDUCATIONAL AGENCIES NOT DENIED FUNDS
FOR 
ADOPTING 
CONSTITUTIONAL 
POLICY
RELATIVE TO PRAYER IN SCHOOLS.
Notwithstanding any other provision of this Act, no
funds made available through the Department of Education
under this Act, or any other Act, shall be denied to any
State or local educational agency because it has adopted
a constitutional policy relative to prayer in public school.
TITLE V—NATIONAL SKILL
STANDARDS BOARD
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘National Skill Stand-
ards Act of 1994’’.
SEC. 502. PURPOSE.
It is the purpose of this title to establish a National
Board to serve as a catalyst in stimulating the development
and adoption of a voluntary national system of skill stand-
ards and of assessment and certification—
(1) that will serve as a cornerstone of the na-
tional strategy to enhance work force skills;
(2) that will result in increased productivity,
economic growth, and American economic competi-
tiveness; and
(3) that can be used, consistent with civil rights
laws—
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(A) by the Nation, to ensure the develop-
ment of a high skills, high quality, high perform-
ance work force, including the most skilled front-
line work force in the world;
(B) by industries, as a vehicle for informing
training providers and prospective employees of
skills necessary for employment;
(C) by employers, to assist in evaluating the
skill levels of prospective employees and to assist
in the training of current employees;
(D) by labor organizations, to enhance the
employment security of workers by providing
portable credentials and skills;
(E) by workers, to—
(i) obtain certifications of their skills
to protect against dislocation;
(ii) pursue career advancement; and
(iii) enhance their ability to reenter
the work force;
(F) by students and entry level workers, to
determine the skill levels and competencies need-
ed to be obtained in order to compete effectively
for high wage jobs;
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(G) by training providers and educators, to
determine appropriate training services to be of-
fered by the providers and educators;
(H) by Government, to evaluate whether
publicly funded training assists participants to
meet skill standards where such standards exist
and thereby protect the integrity of public ex-
penditures; and
(I) to facilitate linkages between other com-
ponents of the work force investment strategy, in-
cluding school-to-work transition and job train-
ing programs.
SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.
(a) IN GENERAL.—There is established a National
Skill Standards Board (hereafter referred to in this title
as the ‘‘National Board’’).
(b) COMPOSITION.—
(1) IN GENERAL.—The National Board shall be
composed of 28 members (appointed in accordance
with paragraph (3)), of whom—
(A) one member shall be the Secretary of
Labor;
(B) one member shall be the Secretary of
Education;
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(C) one member shall be the Secretary of
Commerce;
(D) one member shall be the Chairperson of
the National Education Standards and Improve-
ment Council established pursuant to section
212(a);
(E) eight members shall be representatives
of business (including representatives of small
employers and representatives of large employ-
ers) selected from among individuals rec-
ommended by recognized national business orga-
nizations or trade associations;
(F) eight members shall be representatives of
organized labor selected from among individuals
recommended by recognized national labor fed-
erations; and
(G)(i) four members shall be certified
human resource professionals;
(ii) three members shall be representatives
of educational institutions (including vocational-
technical institutions); and
(iii) one member shall be a representative of
nongovernmental organizations with a dem-
onstrated history of successfully protecting the
rights of racial, ethnic or religious minorities,
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women, persons with disabilities, or older per-
sons.
(2) SPECIAL REQUIREMENTS.—The members de-
scribed in subparagraph (G) of paragraph (1) shall
have expertise in the area of education and training.
The members described in subparagraphs (E), (F),
and (G) of paragraph (1) shall, in the aggregate, rep-
resent a broad cross-section of occupations and indus-
tries.
(3) APPOINTMENT.—The membership of the Na-
tional Board shall be appointed as follows:
(A) Twelve members (four from each class of
members described in subparagraphs (E), (F),
and (G) of paragraph (1)) shall be appointed by
the President.
(B) Six members (two from each class of
members described in subparagraphs (E), (F),
and (G) of paragraph (1)) shall be appointed by
the Speaker of the House of Representatives. Of
the members so appointed, three members (one
from each class of members described in subpara-
graphs (E), (F), and (G) of paragraph (1)) shall
be selected from recommendations made by the
Majority Leader of the House of Representatives
and three members (one from each class of mem-
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bers described in subparagraphs (E), (F), and
(G) of paragraph (1)) shall be selected from rec-
ommendations made by the Minority Leader of
the House of Representatives.
(C) Six members (two from each class of
members described in subparagraphs (E), (F),
and (G) of paragraph (1)) shall be appointed by
the President pro tempore of the Senate. Of the
members so appointed, three members (one from
each class of members described in subpara-
graphs (E), (F), and (G) of paragraph (1)) shall
be selected from recommendations made by the
Majority Leader of the Senate and three mem-
bers (one from each class of members described in
subparagraphs (E), (F), and (G) of paragraph
(1)) shall be selected from recommendations
made by the Minority Leader of the Senate.
(4) EX
OFFICIO
NONVOTING
MEMBERS.—The
members of the National Board specified in subpara-
graphs (A), (B), (C), and (D) of paragraph (1) shall
be ex officio, nonvoting members of the National
Board.
(5) TERM.—Each member of the National Board
appointed under subparagraph (E), (F), or (G) of
paragraph (1) shall be appointed for a term of 4
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years, except that of the initial members of the Board
appointed under such subparagraphs—
(A) twelve members shall be appointed for a
term of 3 years (four from each class of members
described in subparagraphs (E), (F), and (G) of
paragraph (1)), of whom—
(i) two from each such class shall be
appointed in accordance with paragraph
(3)(A);
(ii) one from each such class shall be
appointed in accordance with paragraph
(3)(B); and
(iii) one from each such class shall be
appointed in accordance with paragraph
(3)(C); and
(B) twelve members shall be appointed for
a term of 4 years (four from each class of mem-
bers described in subparagraphs (E), (F), and
(G) of paragraph (1)), of whom—
(i) two from each such class shall be
appointed in accordance with paragraph
(3)(A);
(ii) one from each such class shall be
appointed in accordance with paragraph
(3)(B); and
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(iii) one from each such class shall be
appointed in accordance with paragraph
(3)(C).
(6) VACANCIES.—Any vacancy in the National
Board shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(c) CHAIRPERSON AND VICE CHAIRPERSONS.—
(1) CHAIRPERSON.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the National Board, by ma-
jority vote, shall elect a Chairperson once every
2 years from among the members of the National
Board.
(B) 
INITIAL
CHAIRPERSON.—The 
first
Chairperson of the National Board shall be elect-
ed, by a majority vote of the National Board,
from among the members who are representatives
of business (as described in subparagraph (E) of
subsection (b)(1)) and shall serve for a term of
2 years.
(2) VICE CHAIRPERSONS.—The National Board,
by majority vote, shall annually elect 3 Vice Chair-
persons (each representing a different class of the
classes of members described in subparagraphs (E),
(F), and (G) of subsection (b)(1) and each of whom
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shall serve for a term of 1 year) from among its mem-
bers appointed under subsection (b)(3).
(d) COMPENSATION AND EXPENSES.—
(1) COMPENSATION.—Members of the National
Board who are not full-time employees or officers of
the Federal Government shall serve without com-
pensation.
(2) EXPENSES.—The members of the National
Board shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter
57, title 5, United States Code, while away from their
homes or regular places of business in the perform-
ance of services for the National Board.
(e) EXECUTIVE DIRECTOR AND STAFF.—
(1) EXECUTIVE DIRECTOR.—The Chairperson of
the National Board shall appoint an Executive Direc-
tor who shall be compensated at a rate determined by
the National Board not to exceed the rate of pay for
level V of the Executive Schedule under section 5316
of title 5, United States Code.
(2) STAFF.—The Executive Director may ap-
point and compensate such additional staff as may be
necessary to enable the Board to perform its duties.
The Executive Director may fix the compensation of
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the staff without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of
pay for the staff may not exceed the rate payable for
level V of the Executive Schedule under section 5316
of such title.
(f) GIFTS.—The National Board is authorized, in car-
rying out this title, to accept and employ or dispose of in
furtherance of the purposes of this title, any money or prop-
erty, real, personal, or mixed, tangible or intangible, re-
ceived by gift, devise, bequest, or otherwise, and to accept
voluntary and uncompensated services notwithstanding the
provisions of section 1342 of title 31, United States Code.
(g) AGENCY SUPPORT.—
(1) USE OF FACILITIES.—The National Board
may use the research, equipment, services and facili-
ties of any agency or instrumentality of the United
States with the consent of such agency or instrumen-
tality.
(2) STAFF OF FEDERAL AGENCIES.—Upon the
request of the National Board, the head of any Fed-
eral agency of the United States may detail to the
National Board, on a reimbursable basis, any of the
personnel of such Federal agency to assist the Na-
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tional Board in carrying out this title. Such detail
shall be without interruption or loss of civil service
status or privilege.
(h) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairperson of the National Board
may procure temporary and intermittent services of experts
and consultants under section 3109(b) of title 5, United
States Code.
(i) TERMINATION
OF
THE
COMMISSION.—Section
14(a)(2) of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply with respect to the termination of
the National Board.
SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.
(a) IDENTIFICATION OF OCCUPATIONS.—The National
Board, after extensive public consultation, shall identify
broad clusters of major occupations that involve one or more
than one industry in the United States.
(b) ESTABLISHMENT OF VOLUNTARY PARTNERSHIPS
TO DEVELOP STANDARDS.—
(1) IN GENERAL.—For each of the occupational
clusters identified pursuant to subsection (a), the Na-
tional Board shall encourage and facilitate the estab-
lishment of voluntary partnerships to develop a skill
standards system in accordance with subsection (d).
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(2) REPRESENTATIVES.—Such voluntary part-
nerships shall include the full and balanced partici-
pation of—
(A)(i) representatives of business (including
representatives of large employers and represent-
atives of small employers) who have expertise in
the area of work force skill requirements, and
who are recommended by national business orga-
nizations or trade associations representing em-
ployers in the occupation or industry for which
a standard is being developed; and
(ii) representatives of trade associations
that have received grants from the Department of
Labor or the Department of Education to estab-
lish skill standards prior to the date of enact-
ment of this title;
(B) employee representatives who—
(i) have expertise in the area of work
force skill requirements; and
(ii) shall be—
(I) individuals recommended by
recognized national labor organizations
representing employees in the occupa-
tion or industry for which a standard
is being developed; and
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(II) such individuals who are
nonmanagerial employees with signifi-
cant experience and tenure in such oc-
cupation or industry as are appro-
priate given the nature and structure
of employment in the occupation or in-
dustry; and
(C) representatives of—
(i) educational institutions;
(ii) community-based organizations;
(iii) State and local agencies with ad-
ministrative control or direction over edu-
cation or over employment and training;
(iv) other policy development organiza-
tions with expertise in the area of work
force skill requirements; or
(v) 
nongovernmental 
organizations
with a demonstrated history of successfully
protecting the rights of racial, ethnic, or re-
ligious minorities, women, persons with dis-
abilities, or older persons.
(3) EXPERTS.—The partnerships described in
paragraph (2) may also include other individuals
who are independent, qualified experts in their fields.
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(c) RESEARCH, DISSEMINATION, 
AND
COORDINA-
TIONS.—In order to support the activities described in sub-
sections (b) and (d), the National Board shall—
(1) conduct work force research relating to skill
standards and make the results of such research avail-
able to the public, including the voluntary partner-
ships described in subsection (b);
(2) identify and maintain a catalog of skill
standards used by other countries and by States and
leading firms and industries in the United States;
(3) serve as a clearinghouse to facilitate the shar-
ing of information on the development of skill stand-
ards and other relevant information among represent-
atives of occupations and industries identified pursu-
ant to subsection (a), and among education and
training providers;
(4) develop a common nomenclature relating to
skill standards;
(5) encourage the development and adoption of
curricula and training materials, for attaining the
skill standards endorsed pursuant to subsection (d),
that provide for structured work experiences and re-
lated study programs leading to progressive levels of
professional and technical certification;
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(6) provide appropriate technical assistance to
voluntary partnerships involved in the development of
standards and systems described in subsection (b);
and
(7) facilitate coordination among voluntary
partnerships that meet the requirements of subsection
(b)(2) in order to promote the development of a coher-
ent national system of voluntary skill standards.
(d) ENDORSEMENT OF SKILL STANDARDS SYSTEMS.—
(1) IN
GENERAL.—The National Board, after
public review and comment, shall endorse skill stand-
ards systems relating to the occupational clusters
identified pursuant to subsection (a) that—
(A) meet the requirements of paragraph (2);
(B) are submitted by voluntary partner-
ships that meet the requirements of subsection
(b)(2); and
(C) meet additional objective criteria that
are published by the National Board.
(2) COMPONENTS OF SYSTEM.—The skill stand-
ards systems endorsed pursuant to paragraph (1)
shall have one or more of the following components:
(A) Voluntary skill standards, which—
(i) are formulated in such a manner
that promotes the portability of credentials
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and facilitates worker mobility within an
occupational cluster or industry and among
industries;
(ii) are in a form that allows for regu-
lar updating to take into account advances
in technology or other developments within
the occupational cluster;
(iii) are not discriminatory with re-
spect to race, color, religion, sex, national
origin, ethnicity, age, or disability;
(iv) meet or exceed the highest applica-
ble standards used in the United States, in-
cluding apprenticeship standards registered
under the Act of August 16, 1937 (com-
monly known as the ‘‘National Apprentice-
ship Act’’, 50 Stat. 664, chapter 663, 29
U.S.C. 50 et seq.); and
(v) have been developed after taking
into account—
(I) relevant standards used in
other countries and relevant inter-
national standards;
(II) voluntary national content
standards and voluntary national stu-
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dent performance standards developed
pursuant to section 213; and
(III) the requirements of high per-
formance work organizations.
(B) A voluntary system of assessment and
certification of the attainment of skill standards
developed 
pursuant 
to 
subparagraph 
(A),
which—
(i) utilizes a variety of evaluation tech-
niques, including, where appropriate, oral
and written evaluations, portfolio assess-
ments, and performance tests;
(ii) includes methods for establishing
the validity and reliability of the assessment
and certification system for the intended
purposes of the system; and
(iii) has been developed after taking
into account relevant methods of assessment
and certification used in other countries.
(C) A system to disseminate information re-
lating to the skill standards, and the assessment
and certification systems, developed pursuant to
this paragraph (including dissemination of in-
formation relating to civil rights laws relevant to
the use of such standards and systems), and to
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promote use of such standards and systems by,
entities such as institutions of higher education
offering professional and technical education,
labor organizations, trade and technical associa-
tions, and employers providing formalized train-
ing, and other organizations likely to benefit
from such standards and systems.
(D) A system to evaluate the implementa-
tion and effectiveness of the skill standards, the
assessment and certification systems, and the in-
formation dissemination systems, developed pur-
suant to this paragraph.
(E) A system to periodically revise and up-
date the skill standards, and the assessment and
certification systems, developed pursuant to this
paragraph, which will take into account changes
in standards in other countries.
(e) RELATIONSHIP WITH CIVIL RIGHTS LAWS.—
(1) IN GENERAL.—Nothing in this title shall be
construed to modify or affect any Federal or State
law prohibiting discrimination on the basis of race,
color, religion, sex, national origin, ethnicity, age, or
disability.
(2) EVIDENCE.—The endorsement or absence of
an endorsement by the National Board of a skill
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standard, or assessment and certification system, en-
dorsed under subsection (d) may not be used in any
action or proceeding to establish that the use of a skill
standard or assessment and certification system con-
forms or does not conform to the requirements of civil
rights laws.
(f) COORDINATION.—The National Board shall estab-
lish cooperative arrangements with the National Education
Standards and Improvement Council to promote the coordi-
nation of the development of skill standards under this sec-
tion with the development of voluntary national content
standards and voluntary national student performance
standards in accordance with section 213.
(g) FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—(A) From funds appropriated
pursuant to the authority of section 507, the Sec-
retary of Labor may award grants and enter into
contracts and cooperative arrangements (including
awarding grants to, and entering into contracts and
cooperative agreements with, voluntary partnerships
in accordance with paragraph (2)) that are requested
by the National Board for the purposes of carrying
out this title.
(B) Each entity desiring a grant, contract or co-
operative agreement under this title shall submit an
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application to the National Board at such time, in
such manner and accompanied by such information
as the National Board may reasonably require.
(2) SPECIAL RULE REGARDING ASSISTANCE FOR
VOLUNTARY
PARTNERSHIPS.—The Secretary only
shall award a grant to, or enter into a contract or
cooperative agreement with, a voluntary partnership
that meets the requirements of subsection (b)(2) for
the development of skill standards systems in accord-
ance with subsection (d).
(3) CRITERIA
FOR
BOARD
CONSIDERATION.—
Prior to each of the fiscal years 1994 through 1998,
the National Board shall publish objective criteria for
the National Board’s consideration of applications
submitted pursuant to paragraph (1)(B).
(4) RECOMMENDATIONS TO THE SECRETARY OF
LABOR.—The National Board shall review each appli-
cation received pursuant to paragraph (1)(B) in ac-
cordance with the objective criteria published pursu-
ant to paragraph (3), and shall submit each such ap-
plication to the Secretary of Labor accompanied by a
recommendation by the National Board on whether or
not the Secretary of Labor should award a grant to
the applicant.
(5) LIMITATION ON USE OF FUNDS.—
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(A) IN GENERAL.—Not more than 20 per-
cent of the funds appropriated pursuant to the
authority of section 507(a) for each fiscal year
shall be used by the National Board for the costs
of administration.
(B) 
STARTUP
COSTS.—Notwithstanding
subparagraph (A), in order to facilitate the es-
tablishment of the National Board, the limita-
tion contained in subparagraph (A) shall not
apply to funds appropriated pursuant to the au-
thority of section 507(a) for fiscal year 1994.
(C) DEFINITION.—For purposes of this
paragraph, the term ‘‘costs of administration’’
means costs relating to staff, supplies, equip-
ment, space, and travel and per diem, costs of
conducting meetings and conferences, and other
related costs.
SEC. 505. DEADLINES.
Not later than December 31, 1996, the National Board
shall—
(1) identify occupational clusters pursuant to
section 504(a) representing a substantial portion of
the work force; and
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(2) promote the endorsement of an initial set of
skill standards in accordance with section 504(d) for
such clusters.
SEC. 506. REPORTS.
The National Board shall prepare and submit to the
President and the Congress in each of the fiscal years 1994
through 1998, a report on the activities conducted under
this title. Such report shall include information on the ex-
tent to which skill standards have been adopted by employ-
ers, training providers, and other entities, and on the effec-
tiveness of such standards in accomplishing the purposes
described in section 502.
SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title $15,000,000 for fiscal year
1994 and such sums as may be necessary for each of fiscal
years 1995 through 1998.
(b) AVAILABILITY.—Amounts appropriated pursuant
to subsection (a) shall remain available until expended.
SEC. 508. DEFINITIONS.
As used in this title:
(1) COMMUNITY-BASED
ORGANIZATIONS.—The
term ‘‘community-based organizations’’ has the mean-
ing given the term in section 4(5) of the Job Training
Partnership Act (29 U.S.C. 1503(5)).
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(2) 
EDUCATIONAL
INSTITUTION.—The 
term
‘‘educational institution’’ means a high school, a vo-
cational school, and an institution of higher edu-
cation.
(3) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has the mean-
ing given the term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
(4) SKILL STANDARD.—The term ‘‘skill stand-
ard’’ means the level of knowledge and competence re-
quired to successfully perform work-related functions
within an occupational cluster.
SEC. 509. SUNSET PROVISION.
(a) REPEAL.—This title is repealed on September 30,
1998.
(b) REVIEW OF REPEAL.—It is the sense of the Con-
gress that the appropriate committees of the Congress should
review the accomplishments of the National Board prior to
the date of repeal described in subsection (a) in order to
determine whether it is appropriate to extend the authori-
ties provided under this title for a period beyond such date.
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TITLE VI—SAFE SCHOOLS
PART A—SAFE SCHOOLS PROGRAM
SEC. 601. SHORT TITLE; STATEMENT OF PURPOSE.
(a) SHORT TITLE.—This part may be cited as the
‘‘Safe Schools Act of 1994’’.
(b) STATEMENT OF PURPOSE.—It is the purpose of
this part to help local school systems achieve Goal Six of
the National Education Goals, which provides that by the
year 2000, every school in America will be free of drugs
and violence and will offer a disciplined environment con-
ducive to learning, by ensuring that all schools are safe and
free of violence.
SEC. 602. SAFE SCHOOLS PROGRAM AUTHORIZED.
(a) AUTHORITY.—
(1) IN
GENERAL.—From funds appropriated
pursuant to the authority of subsection (b)(1), the
Secretary shall make competitive grants to eligible
local educational agencies to enable such agencies to
carry out projects and activities designed to achieve
Goal Six of the National Education Goals by helping
to ensure that all schools are safe and free of violence.
(2) GRANT
DURATION
AND
AMOUNT.—Grants
under this part may not exceed—
(A) two fiscal years in duration, except that
the Secretary shall not award any new grants in
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fiscal year 1996 but may make payments pursu-
ant to a 2-year grant which terminates in such
fiscal year; and
(B) $3,000,000 in any fiscal year.
(3) GEOGRAPHIC DISTRIBUTION.—To the extent
practicable, grants under this title shall be awarded
to eligible local educational agencies serving rural, as
well as urban, areas.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be ap-
propriated 
$75,000,000 
for 
fiscal 
year 
1994,
$100,000,000 for fiscal year 1995, and such sums as
may be necessary for fiscal year 1996, to carry out
this part.
(2) RESERVATION.—The Secretary is authorized
in each fiscal year to reserve not more than 10 per-
cent of the amount appropriated pursuant to the au-
thority of paragraph (1) to carry out national leader-
ship activities described in section 606, of which 50
percent of such amount shall be available in such fis-
cal year to carry out the program described in section
606(b).
SEC. 603. ELIGIBLE APPLICANTS.
(a) IN GENERAL.—To be eligible to receive a grant
under this part, a local educational agency shall dem-
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onstrate in the application submitted pursuant to section
604(a) that such agency—
(1) serves an area in which there is a high rate
of—
(A) homicides committed by persons be-
tween the ages 5 to 18, inclusive;
(B) referrals of youth to juvenile court;
(C) youth under the supervision of the
courts;
(D) expulsions and suspension of students
from school;
(E) referrals of youth, for disciplinary rea-
sons, to alternative schools; or
(F) victimization of youth by violence,
crime, or other forms of abuse; and
(2) has serious school crime, violence, and dis-
cipline problems, as indicated by other appropriate
data.
(b) PRIORITY.—In awarding grants under this part,
the Secretary shall give priority to a local educational agen-
cy that—
(1) receives assistance under section 1006 of the
Elementary and Secondary Education Act of 1965 or
meets the criteria described in clauses (i) and (ii) of
section 1006(a)(1)(A) of such Act; and
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(2) submits an application that assures a strong
local commitment to the projects or activities assisted
under this part, such as—
(A) the formation of partnerships among
the local educational agency, a community-based
organization, a nonprofit organization with a
demonstrated commitment to or expertise in de-
veloping education programs or providing edu-
cational services to students or the public, a local
law enforcement agency, or any combination
thereof; and
(B) a high level of youth participation in
such projects or activities.
(c) DEFINITIONS.—For the purpose of this part—
(1) the term ‘‘local educational agency’’ has the
same meaning given to such term in section 1471(12)
of the Elementary and Secondary Education Act of
1965; and
(2) the term ‘‘Secretary’’ means the Secretary of
Education.
SEC. 604. APPLICATIONS AND PLANS.
(a) APPLICATION.—In order to receive a grant under
this part, a local educational agency shall submit to the
Secretary an application that includes—
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(1) an assessment of the current violence and
crime problems in the schools and community to be
served by the grant;
(2) an assurance that the applicant has written
policies regarding school safety, student discipline,
and the appropriate handling of violent or disruptive
acts;
(3) a description of the schools and communities
to be served by the grant, the projects and activities
to be carried out with grant funds, and how these
projects and activities will help to reduce the current
violence and crime problems in such schools and com-
munities;
(4) if the local educational agency receives funds
under Goals 2000: Educate America Act, an expla-
nation of how projects and activities assisted under
this part will be coordinated with and support such
agency’s comprehensive local improvement plan pre-
pared under that Act;
(5) the applicant’s plan to establish school-level
advisory committees, which include faculty, parents,
staff, and students, for each school to be served by the
grant and a description of how each committee will
assist in assessing that school’s violence and discipline
problems as well as in designing appropriate pro-
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grams, policies, and practices to address those prob-
lems;
(6) the applicant’s plan for collecting baseline
and future data, by individual schools, to monitor vi-
olence and discipline problems and to measure such
applicant’s progress in achieving the purpose of this
part;
(7) an assurance that grant funds under this
part will be used to supplement and not to supplant
State and local funds that would, in the absence of
funds under this part, be made available by the ap-
plicant for the purpose of this part;
(8) an assurance that the applicant will cooper-
ate with, and provide assistance to, the Secretary in
gathering statistics and other data the Secretary de-
termines are necessary to assess the effectiveness of
projects and activities assisted under this part or the
extent of school violence and discipline problems
throughout the Nation;
(9) an assurance that the local educational agen-
cy has a written policy that prohibits sexual contact
between school personnel and a student; and
(10) such other information as the Secretary
may require.
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(b) PLAN.—In order to receive funds under this part
for a second year, a grantee shall submit to the Secretary
a comprehensive, long-term, school safety plan for reducing
and preventing school violence and discipline problems.
Such plan shall contain—
(1) a description of how the grantee will coordi-
nate its school crime and violence prevention efforts
with education, law-enforcement, judicial, health, so-
cial service, and other appropriate agencies and orga-
nizations serving the community; and
(2) in the case that the grantee receives funds
under the Goals 2000: Educate America Act, an ex-
planation of how the grantee’s comprehensive plan
under this subsection is consistent with and supports
its comprehensive local improvement plan prepared
under that Act, if such explanation differs from that
provided in the grantee’s application under that Act.
SEC. 605. USE OF FUNDS.
(a) USE OF FUNDS.—
(1) IN GENERAL.—A local educational agency
shall use grant funds received under this part for one
or more of the following activities:
(A) Identifying and assessing school vio-
lence and discipline problems, including coordi-
nating needs assessment activities and education,
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law-enforcement, judicial, health, social service,
and other appropriate agencies and organiza-
tions.
(B) Conducting school safety reviews or vio-
lence prevention reviews of programs, policies,
practices, and facilities to determine what
changes are needed to reduce or prevent violence
and promote safety and discipline.
(C) Planning for comprehensive, long-term
strategies for addressing and preventing school
violence and discipline problems through the in-
volvement and coordination of school programs
with other education, law-enforcement, judicial,
health, social service, and other appropriate
agencies and organizations.
(D) Training school personnel in programs
of demonstrated effectiveness in addressing vio-
lence, including violence prevention, conflict res-
olution, anger management, peer mediation, and
identification of high-risk youth.
(E) Community education programs, in-
cluding video- and technology-based projects, in-
forming parents, businesses, local government,
the media and other appropriate entities
about—
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(i) the local educational agency’s plan
to promote school safety and reduce and
prevent school violence and discipline prob-
lems; and
(ii) the need for community support.
(F) Coordination of school-based activities
designed to promote school safety and reduce or
prevent school violence and discipline problems
with related efforts of education, law-enforce-
ment, judicial, health, social service, and other
appropriate agencies and organizations.
(G) Developing and implementing violence
prevention activities, including—
(i) conflict resolution and social skills
development for students, teachers, aides,
other school personnel, and parents;
(ii) disciplinary alternatives to expul-
sion and suspension of students who exhibit
violent or anti-social behavior;
(iii) student-led activities such as peer
mediation, peer counseling, and student
courts; or
(iv) alternative after-school programs
that provide safe havens for students, which
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may include cultural, recreational, and edu-
cational and instructional activities.
(H) Educating students and parents re-
garding the dangers of guns and other weapons
and the consequences of their use.
(I) Developing and implementing innova-
tive curricula to prevent violence in schools and
training staff how to stop disruptive or violent
behavior if such behavior occurs.
(J) Supporting ‘‘safe zones of passage’’ for
students between home and school through such
measures as Drug- and Weapon-Free School
Zones, enhanced law enforcement, and neighbor-
hood patrols.
(K) Counseling programs for victims and
witnesses of school violence and crime.
(L) Minor remodeling to promote security
and reduce the risk of violence, such as removing
lockers, installing better lights, and upgrading
locks.
(M) Acquiring and installing metal detec-
tors and hiring security personnel.
(N) Reimbursing law enforcement authori-
ties for their personnel who participate in school
violence prevention activities.
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(O) Evaluating projects and activities as-
sisted under this part.
(P) The cost of administering projects or ac-
tivities assisted under this part.
(Q) Other projects or activities that meet
the purpose of this part.
(2) LIMITATION.—A local educational agency
may use not more than—
(A) a total of 10 percent of grant funds re-
ceived under this part in each fiscal year for ac-
tivities described in subparagraphs (J), (L), (M),
and (N) of paragraph (1); and
(B) 5 percent of grant funds received under
this part in each fiscal year for activities de-
scribed in subparagraph (P) of paragraph (1).
(3) PROHIBITION.—A local educational agency
may not use grant funds received under this part for
construction.
SEC. 606. NATIONAL LEADERSHIP.
(a) IN GENERAL.—To carry out the purpose of this
part, the Secretary is authorized to use funds reserved under
section 602(b)(2) to conduct national leadership activities
such as research, program development and evaluation,
data collection, public awareness activities, training and
technical assistance, dissemination (through appropriate
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research entities assisted by the Department of Education)
of information on successful projects, activities, and strate-
gies developed pursuant to this part, and peer review of
applications under this part. The Secretary may carry out
such activities directly, through interagency agreements, or
through grants, contracts or cooperative agreements.
(b) NATIONAL MODEL CITY.—The Secretary shall des-
ignate the District of Columbia as a national model city
and shall provide funds made available pursuant to section
602(b)(2) in each fiscal year to a local educational agency
serving the District of Columbia in an amount sufficient
to enable such agency to carry out a comprehensive pro-
gram to address school and youth violence.
SEC. 607. NATIONAL COOPERATIVE EDUCATION STATISTICS
SYSTEM.
Subparagraph (A) of section 406(h)(2) of the General
Education Provisions Act (20 U.S.C. 1221e–1(h)(2)(A)) is
amended—
(1) in clause (vi), by striking ‘‘and’’ after the
semicolon; and
(2) by adding after clause (vii) the following new
clause:
‘‘(viii) school safety policy, and statis-
tics on the incidents of school violence;
and’’.
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SEC. 608. COORDINATION OF FEDERAL ASSISTANCE.
The Attorney General, through the Coordinating Coun-
cil on Juvenile Justice and Delinquency Prevention of the
Department of Justice, shall coordinate the programs and
activities carried out under this Act with the programs and
activities carried out by the departments and offices rep-
resented within the Council that provide assistance under
other law for purposes that are similar to the purpose of
this Act, in order to avoid redundancy and coordinate Fed-
eral assistance, research, and programs for youth violence
prevention.
SEC. 609. EFFECTIVE DATE.
This part and the amendments made by this part shall
take effect on the date of enactment of this Act.
PART B—STATE LEADERSHIP ACTIVITIES TO
PROMOTE SAFE SCHOOLS
SEC. 621. STATE LEADERSHIP ACTIVITIES TO PROMOTE
SAFE SCHOOLS PROGRAM.
(a) SHORT TITLE.—This section may be cited as the
‘‘State Leadership Activities to Promote Safe Schools Act’’.
(b) AUTHORITY.—The Secretary is authorized to
award grants to State educational agencies from allocations
under subsection (c) to enable such agencies to carry out
the authorized activities described in subsection (e).
(c) ALLOCATION.—Each State educational agency hav-
ing an application approved under subsection (d) shall be
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eligible to receive a grant under this section for each fiscal
year that bears the same ratio to the amount appropriated
pursuant to the authority of subsection (f) for such year
as the amount such State educational agency receives pur-
suant to section 1006 of the Elementary and Secondary
Education Act of 1965 for such year bears to the total
amount allocated to all such agencies in all States having
applications approved under subsection (d) for such year,
except that no State educational agency having an applica-
tion approved under subsection (d) in any fiscal year shall
receive less than $100,000 for such year.
(d) APPLICATION.—Each State educational agency de-
siring a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner and
containing such information as the Secretary may reason-
ably require. Each such application shall—
(1) describe the activities and services for which
assistance is sought;
(2) contain a statement of the State educational
agency’s goals and objectives for violence prevention
and a description of the procedures to be used for as-
sessing and publicly reporting progress toward meet-
ing those goals and objectives; and
(3) contain a description of how the State edu-
cational agency will coordinate such agency’s activi-
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ties under this section with the violence prevention ef-
forts of other State agencies.
(e) USE OF FUNDS.—Grant funds awarded under this
section shall be used—
(1) to support a statewide resource coordinator;
(2) to provide technical assistance to both rural
and urban local school districts;
(3) to disseminate to local educational agencies
and schools information on successful school violence
prevention programs funded through Federal, State,
local and private sources;
(4) to make available to local educational agen-
cies teacher training and parent and student aware-
ness programs, which training and programs may be
provided through video or other telecommunications
approaches;
(5) to supplement and not supplant other Fed-
eral, State and local funds available to carry out the
activities assisted under this section; and
(6) for other activities the Secretary may deem
appropriate.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $10,000,000 for each of the
fiscal years 1995 and 1996 to carry out this section.
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TITLE VII—MIDNIGHT BASKET-
BALL LEAGUE TRAINING AND
PARTNERSHIP
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Midnight Basketball
League Training and Partnership Act’’.
SEC. 702. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE
TRAINING AND PARTNERSHIP PROGRAMS.
Section 520 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 11903a) is amended—
(1) in the section heading by inserting ‘‘AND
ASSISTED’’ after ‘‘PUBLIC’’;
(2) in the subsection heading for subsection (a),
by inserting ‘‘PUBLIC HOUSING’’ before ‘‘YOUTH’’;
and
(3) by adding at the end the following new sub-
section:
‘‘(l) MIDNIGHT BASKETBALL LEAGUE TRAINING AND
PARTNERSHIP PROGRAMS.—
‘‘(1) AUTHORITY.—The Secretary of Housing
and Urban Development shall make grants, to the ex-
tent that amounts are approved in appropriations
Acts under paragraph (13), to—
‘‘(A) eligible entities to assist such entities
in carrying out midnight basketball league pro-
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grams meeting the requirements of paragraph
(4); and
‘‘(B) eligible advisory entities to provide
technical assistance to eligible entities in estab-
lishing and operating such midnight basketball
league programs.
‘‘(2) ELIGIBLE ENTITIES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), grants under paragraph (1)(A) may
be made only to the following eligible entities:
‘‘(i) Entities eligible under subsection
(b) for a grant under subsection (a).
‘‘(ii) Nonprofit organizations provid-
ing employment counseling, job training, or
other educational services.
‘‘(iii) Nonprofit organizations provid-
ing federally assisted low-income housing.
‘‘(B) PROHIBITION ON SECOND GRANTS.—A
grant under paragraph (1)(A) may not be made
to an eligible entity if the entity has previously
received a grant under such paragraph, except
that the Secretary may exempt an eligible advi-
sory entity from the prohibition under this sub-
paragraph in extraordinary circumstances.
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‘‘(3) USE OF GRANT AMOUNTS.—Any eligible en-
tity that receives a grant under paragraph (1)(A)
may use such amounts only—
‘‘(A) to establish or carry out a midnight
basketball league program under paragraph (4);
‘‘(B) for salaries for administrators and
staff of the program;
‘‘(C) for other administrative costs of the
program, except that not more than 5 percent of
the grant amount may be used for such adminis-
trative costs; and
‘‘(D) for costs of training and assistance
provided under paragraph (4)(I).
‘‘(4) PROGRAM
REQUIREMENTS.—Each eligible
entity receiving a grant under paragraph (1)(A) shall
establish a midnight basketball league program as fol-
lows:
‘‘(A) The program shall establish a basket-
ball league of not less than 8 teams having 10
players each.
‘‘(B) Not less than 50 percent of the players
in the basketball league shall be residents of fed-
erally assisted low-income housing or members of
low-income families (as such term is defined in
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section 3(b) of the United States Housing Act of
1937).
‘‘(C) The program shall be designed to serve
primarily youths and young adults from a
neighborhood or community whose population
has not less than 2 of the following characteris-
tics (in comparison with national averages):
‘‘(i) A substantial problem regarding
use or sale of illegal drugs.
‘‘(ii) A high incidence of crimes com-
mitted by youths or young adults.
‘‘(iii) A high incidence of persons in-
fected with the human immunodeficiency
virus or sexually transmitted diseases.
‘‘(iv) A high incidence of pregnancy or
a high birth rate, among adolescents.
‘‘(v) A high unemployment rate for
youths and young adults.
‘‘(vi) A high rate of high school drop-
outs.
‘‘(D) The program shall require each player
in the league to attend employment counseling,
job training, and other educational classes pro-
vided under the program, which shall be held im-
mediately following the conclusion of league bas-
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ketball games at or near the site of the games
and at other specified times.
‘‘(E) The program shall serve only youths
and young adults who demonstrate a need for
such counseling, training, and education pro-
vided by the program, in accordance with cri-
teria for demonstrating need, which shall be es-
tablished by the Secretary, in consultation with
the Advisory Committee.
‘‘(F) The majority of the basketball games of
the league shall be held between the hours of
10:00 p.m. and 2:00 a.m. at a location in the
neighborhood or community served by the pro-
gram.
‘‘(G) The program shall obtain sponsors for
each team in the basketball league. Sponsors
shall be private individuals or businesses in the
neighborhood or community served by the pro-
gram who make financial contributions to the
program and participate in or supplement the
employment, job training, and educational serv-
ices provided to the players under the program
with additional training or educational opportu-
nities.
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‘‘(H) The program shall comply with any
criteria established by the Secretary, in consulta-
tion with the Advisory Committee established
under paragraph (9).
‘‘(I) Administrators or organizers of the
program shall receive training and technical as-
sistance provided by eligible advisory entities re-
ceiving grants under paragraph (8).
‘‘(5) GRANT AMOUNT LIMITATIONS.—
‘‘(A) PRIVATE
CONTRIBUTIONS.—The Sec-
retary may not make a grant under paragraph
(1)(A) to an eligible entity that applies for a
grant under paragraph (6) unless the applicant
entity certifies to the Secretary that the entity
will 
supplement 
the 
grant 
amounts 
with
amounts of funds from non-Federal sources, as
follows:
‘‘(i) In each of the first 2 years that
amounts from the grant are disbursed
(under subparagraph (E)), an amount suf-
ficient to provide not less than 35 percent
of the cost of carrying out the midnight bas-
ketball league program.
‘‘(ii) In each of the last 3 years that
amounts from the grant are disbursed, an
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amount sufficient to provide not less than
50 percent of the cost of carrying out the
midnight basketball league program.
‘‘(B) NON-FEDERAL FUNDS.—For purposes
of this paragraph, the term ‘funds from non-Fed-
eral sources’ includes amounts from nonprofit or-
ganizations, public housing agencies, States,
units of general local government, and Indian
housing authorities, private contributions, any
salary paid to staff (other than from grant
amounts under paragraph (1)(A)) to carry out
the program of the eligible entity, in-kind con-
tributions to carry out the program (as deter-
mined by the Secretary after consultation with
the Advisory Committee), the value of any do-
nated material, equipment, or building, the value
of any lease on a building, the value of any util-
ities provided, and the value of any time and
services contributed by volunteers to carry out
the program of the eligible entity.
‘‘(C) PROHIBITION
ON
SUBSTITUTION
OF
FUNDS.—Grant 
amounts 
under 
paragraph
(1)(A) and amounts provided by States and
units of general local government to supplement
grant amounts may not be used to replace other
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public funds previously used, or designated for
use, under this section.
‘‘(D) 
MAXIMUM
AND
MINIMUM
GRANT
AMOUNTS.—
‘‘(i) IN GENERAL.—The Secretary may
not make a grant under paragraph (1)(A)
to any single eligible entity in an amount
less than $55,000 or exceeding $130,000, ex-
cept as provided in clause (ii).
‘‘(ii) 
EXCEPTION
FOR
LARGE
LEAGUES.—In the case of a league having
more than 80 players, a grant under para-
graph (1)(A) may exceed $130,000, but may
not exceed the amount equal to 35 percent
of the cost of carrying out the midnight bas-
ketball league program.
‘‘(E) DISBURSEMENT.—Amounts provided
under a grant under paragraph (1)(A) shall be
disbursed to the eligible entity receiving the
grant over the 5-year period beginning on the
date that the entity is selected to receive the
grant, as follows:
‘‘(i) In each of the first 2 years of such
5-year period, 23 percent of the total grant
amount shall be disbursed to the entity.
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expressed interest in sponsoring, or have made
commitments to sponsor, a team in the midnight
basketball league; and
‘‘(E) evidence that the neighborhood or com-
munity served by the program meets the require-
ments of paragraph (4)(C).
‘‘(7) SELECTION.—The Secretary, in consulta-
tion with the Advisory Committee, shall select eligible
entities that have submitted applications under para-
graph (6) to receive grants under paragraph (1)(A).
The Secretary, in consultation with the Advisory
Committee, shall establish criteria for selection of ap-
plicants to receive such grants. The criteria shall in-
clude a preference for selection of eligible entities car-
rying out midnight basketball league programs in
suburban and rural areas.
‘‘(8) TECHNICAL
ASSISTANCE
GRANTS.—Tech-
nical assistance grants under paragraph (1)(B) shall
be made as follows:
‘‘(A) ELIGIBLE ADVISORY ENTITIES.—Tech-
nical assistance grants may be made only to en-
tities that—
‘‘(i) are experienced and have expertise
in establishing, operating, or administering
successful and effective programs for mid-
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night basketball and employment, job train-
ing, and educational services similar to the
programs under paragraph (4); and
‘‘(ii) have provided technical assistance
to other entities regarding establishment
and operation of such programs.
‘‘(B) USE.—Amounts received under tech-
nical assistance grants shall be used to establish
centers for providing technical assistance to enti-
ties receiving grants under paragraph (1)(A) of
this subsection and subsection (a) regarding es-
tablishment, operation, and administration of ef-
fective and successful midnight basketball league
programs under this subsection and subsection
(c)(3).
‘‘(C) NUMBER AND AMOUNT.—To the extent
that amounts are provided in appropriations
Acts under paragraph (13)(B) in each fiscal
year, the Secretary shall make technical assist-
ance grants under paragraph (1)(B). In each fis-
cal year that such amounts are available the Sec-
retary shall make 4 such grants, as follows:
‘‘(i) 2 grants shall be made to eligible
advisory entities for development of mid-
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night basketball league programs in public
housing projects.
‘‘(ii) 2 grants shall be made to eligible
advisory entities for development of mid-
night basketball league programs in subur-
ban or rural areas.
Each grant shall be in an amount not exceeding
$25,000.
‘‘(9) ADVISORY COMMITTEE.—The Secretary of
Housing and Urban Development shall appoint an
Advisory Committee to assist the Secretary in provid-
ing grants under this subsection. The Advisory Com-
mittee shall be composed of not more than 7 members,
as follows:
‘‘(A) Not less than 2 individuals who are
involved in managing or administering mid-
night basketball programs that the Secretary de-
termines have been successful and effective. Such
individuals may not be involved in a program
assisted under this subsection or a member or
employee of an eligible advisory entity that re-
ceives a technical assistance grant under para-
graph (1)(B).
‘‘(B) A representative of the Center for Sub-
stance Abuse Prevention of the Public Health
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Service, Department of Health and Human
Services, who is involved in administering the
grant program for prevention, treatment, and re-
habilitation model projects for high risk youth
under section 509A of the Public Health Service
Act (42 U.S.C. 290aa–8), who shall be selected
by the Secretary of Health and Human Services.
‘‘(C) A representative of the Department of
Education, who shall be selected by the Secretary
of Education.
‘‘(D) A representative of the Department of
Health and Human Services, who shall be se-
lected by the Secretary of Health and Human
Services from among officers and employees of
the Department involved in issues relating to
high-risk youth.
‘‘(10) REPORTS.—The Secretary shall require
each eligible entity receiving a grant under para-
graph (1)(A) and each eligible advisory entity receiv-
ing a grant under paragraph (1)(B) to submit to the
Secretary, for each year in which grant amounts are
received by the entity, a report describing the activi-
ties carried out with such amounts.
‘‘(11) STUDY.—To the extent amounts are pro-
vided under appropriation Acts pursuant to para-
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graph (13)(C), the Secretary shall make a grant to
one entity qualified to carry out a study under this
paragraph. The entity shall use such grant amounts
to carry out a scientific study of the effectiveness of
midnight basketball league programs under para-
graph (4) of eligible entities receiving grants under
paragraph (1)(A). The Secretary shall require such
entity to submit a report describing the study and
any conclusions and recommendations resulting from
the study to the Congress and the Secretary not later
than the expiration of the 2-year period beginning on
the date that the grant under this paragraph is made.
‘‘(12) DEFINITIONS.—For purposes of this sub-
section:
‘‘(A) The term ‘Advisory Committee’ means
the Advisory Committee established under para-
graph (9).
‘‘(B) The term ‘eligible advisory entity’
means an entity meeting the requirements under
paragraph (8)(A).
‘‘(C) The term ‘eligible entity’ means an en-
tity described under paragraph (2)(A).
‘‘(D) The term ‘federally assisted low-in-
come housing’ has the meaning given the term in
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section 5126 of the Public and Assisted Housing
Drug Elimination Act of 1990.
‘‘(13) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated—
‘‘(A) for grants under paragraph (1)(A),
$2,650,000 in each of fiscal years 1994 and
1995;
‘‘(B) for technical assistance grants under
paragraph (1)(B), $100,000 in each of fiscal
years 1994 and 1995; and
‘‘(C) for a study grant under paragraph
(11), $250,000 in fiscal year 1994.’’.
SEC. 
703. 
PUBLIC 
HOUSING 
MIDNIGHT 
BASKETBALL
LEAGUE PROGRAMS.
Section 520(c) of the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C 11903a(c)) is amended by
adding at the end the following new paragraph:
‘‘(3) MIDNIGHT
BASKETBALL
LEAGUE
PRO-
GRAMS.—Notwithstanding any other provision of this
subsection and subsection (d), a grant under this sec-
tion may be used to carry out any youth sports pro-
gram that meets the requirements of a midnight bas-
ketball league program under subsection (l)(4) (not
including subparagraph (B) of such subsection) if the
program serves primarily youths and young adults
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from the public housing project in which the program
assisted by the grant is operated.’’.
TITLE VIII—YOUTH VIOLENCE IN
SCHOOLS AND COMMUNITIES
SEC. 801. PURPOSE.
It is the purpose of this title to help local communities
achieve Goal Six of the National Education Goals, which
provides that by the year 2000, every school in America
will be free of drugs and violence and will offer a disciplined
environment conducive to learning, by strengthening local
disciplinary control.
SEC. 802. FINDINGS.
The Congress finds that—
(1) the violence within elementary and secondary
schools across the Nation has increased dramatically
during the past decade;
(2) almost 3,000,000 crimes occur on or near
school campuses every year, with 16,000 crimes occur-
ring per school day or one crime occurring every 6
seconds;
(3) 20 percent of teachers in schools have re-
ported being threatened with violence by a student;
(4) schools are being asked to take on responsibil-
ities that society as a whole has neglected, and teach-
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ers and principals are being forced to referee fights
rather than teach;
(5) over two-thirds of public school teachers have
been verbally abused, threatened with injury, or phys-
ically attacked;
(6) violent or criminal behavior by students
interferes with a teacher’s ability to teach in a safe
environment the students not exhibiting such behav-
ior;
(7) 40 percent of all students do not feel safe in
school and 50 percent of all students know someone
who switched schools to feel safer;
(8) nearly one-half of the teachers who leave the
teaching profession cite discipline problems as one of
the main reasons for leaving such profession; and
(9) a lack of parental involvement contributes
strongly to school violence.
SEC. 803. PROVISIONS.
(a) LOCAL DISCIPLINE CONTROL.—No Federal law or
regulation, except education and civil rights laws protecting
individuals with disabilities, or State policy implementing
such a Federal law or regulation, shall restrict any local
educational agency, or elementary or secondary school, from
developing and implementing disciplinary policies and ac-
tion with respect to criminal or violent acts of students,
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occurring on school premises, in order to create an environ-
ment conducive to learning.
(b) SHARED INFORMATION.—No Federal law or regu-
lation, or State policy implementing such a Federal law
or regulation, shall restrict any local educational agency
or elementary or secondary school from requesting and re-
ceiving information from a State agency, local educational
agency, or an elementary or secondary school regarding a
conviction or juvenile adjudication, within five years of the
date of the request, or a pending prosecution for a violent
or weapons offense, of a student who is attending an elemen-
tary or secondary school served by the local educational
agency, or the elementary or secondary school, requesting
such information.
(c) PARENTAL RESPONSIBILITY.—It is the policy of
the Congress that States, in cooperation with local edu-
cational agencies, schools, and parent groups, should be en-
couraged to enforce disciplinary policies with respect to
parents of children who display criminal or violent behav-
ior toward teachers, students, other persons, or school prop-
erty.
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TITLE IX—EDUCATIONAL
RESEARCH AND IMPROVEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Educational Research
and Improvement Act of 1994’’.
PART A—OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT
SEC. 911. REPEAL.
(a) REPEAL.—Section 405 of the General Education
Provisions Act (20 U.S.C. 1221e) is repealed.
(b) CONFORMING AMENDMENT.—The second sentence
of section 209 of the Department of Education Organization
Act (20 U.S.C. 3419) is amended by inserting ‘‘and such
functions as set forth in section 102 of the Educational Re-
search and Improvement Act of 1993’’ after ‘‘delegate’’.
SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IM-
PROVEMENT.
(a) PURPOSES; COMPOSITION; DEFINITIONS.—
(1) PURPOSES.—The purposes of the Office of
Educational Research and Improvement are to—
(A) assess, promote, and improve the qual-
ity and equity of education in the United States,
so that all Americans have an equal opportunity
to receive an education of the highest quality;
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(B) provide new directions for federally
supported research and development activities
with a view toward reform in the Nation’s school
systems, achieving the National Education Goals
and affecting national policy for education;
(C) provide leadership in the scientific in-
quiry into the educational process;
(D) provide leadership in advancing the
practice of education as an art, science, and pro-
fession;
(E) collect, analyze, and disseminate statis-
tics and other data related to education in the
United States and other nations; and
(F) make available to the Congress and the
people of the United States the results of research
and development activities in the field of edu-
cation in order to bring research directly to the
classroom to improve educational practice.
(2) COMPOSITION.—
(A) IN GENERAL.—The Office shall be ad-
ministered by the Assistant Secretary and shall
include—
(i) the Advisory Board of Educational
Research described in subparagraph (B);
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(ii) the directorates for educational re-
search described in subsections (c) through
(h);
(iii) the regional educational labora-
tories described in subsection (k);
(iv) the Office of Dissemination and
Reform Assistance described in subsection
(m);
(v) the National Education Library
described in subsection (o);
(vi) the Education Resources Informa-
tion Clearinghouses described in subsection
(p);
(vii) the National Center for Edu-
cation Statistics, including the National As-
sessment of Educational Progress; and
(viii) such other entities as the Assist-
ant Secretary deems appropriate to carry
out the purposes of the Office.
(B) ADVISORY BOARD OF EDUCATIONAL RE-
SEARCH.—
(i) ADVISORY BOARD OF EDUCATIONAL
RESEARCH.—The Advisory Board of Edu-
cational Research shall consist of 9 members
to be appointed by the Secretary. The As-
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sistant Secretary shall serve as an ex officio
member.
(ii) QUALIFICATIONS.—
(I) IN
GENERAL.—The persons
appointed as members of the Advisory
Board shall be appointed solely on the
basis of—
(aa) eminence in the fields of
basic or applied research, or dis-
semination of such research; or
(bb) established records of
distinguished 
service 
in 
edu-
cational research and the edu-
cation professions, including prac-
titioners.
(II) CONSIDERATION.—In making
appointments under this clause, the
Secretary shall give due consideration
to the equitable representation of edu-
cational researchers who—
(aa) are women;
(bb) 
represent 
minority
groups; or
(cc) are classroom teachers
with research experience.
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(III) 
RECOMMENDATIONS.—In
making 
appointments 
under 
this
clause, the Secretary shall give due
consideration to any recommendations
for an appointment which may be sub-
mitted to the Secretary by a variety of
groups with prominence in educational
research and development, including
the National Academy of Education
and the National Academy of Sciences.
(IV) A member of the Advisory
Board may not serve on any other De-
partment of Education advisory board,
or as a paid consultant of such De-
partment.
(iii) TERM.—(I) The term of office of
each member of the Advisory Board shall be
6 years, except that initial appointments
shall be made to ensure staggered terms,
with one-third of such members’ terms ex-
piring every 2 years. Any member ap-
pointed to fill a vacancy occurring prior to
the expiration of the term for which the
member’s predecessor was appointed shall be
appointed for the remainder of such term.
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Any person, other than the Assistant Sec-
retary, who has been a member of the Advi-
sory Board for 12 consecutive years shall
thereafter be ineligible for appointment dur-
ing the 6-year period following such twelfth
year.
(II) PROHIBITION
REGARDING
RE-
MOVAL.—The Secretary shall neither remove
nor encourage the departure of a member of
the Advisory Board appointed in accord-
ance with this subparagraph before the ex-
piration of such member’s term.
(III) CHAIRPERSON.—The members of
the Advisory Board shall select a Chair-
person from among such members.
(IV) QUORUM.—A majority of the ap-
pointed members of the Advisory Board
shall constitute a quorum.
(V) STAFF.—From amounts appro-
priated pursuant to the authority of sub-
section (q)(1)(A), the Advisory Board, in
consultation with the Assistant Secretary,
shall recommend for appointment such staff
as may be necessary. Such staff shall be ap-
pointed by the Assistant Secretary and as-