H. R. 1804
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To improve learning and teaching by providing a national framework for education
reform; to promote the research, consensus building, and systemic changes needed
to ensure equitable educational opportunities and high levels of educational
achievement for all students; to provide a framework for reauthorization of all
Federal education programs; to promote the development and adoption of a vol-
untary national system of skill standards and certifications; and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act (other than titles V and IX) may
be cited as the ‘‘Goals 2000: Educate America Act’’.
(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. Publication for public comment.
Sec. 217. Administrative provisions.
Sec. 218. Director and staff; experts and consultants.
Sec. 219. Opportunity-To-Learn Development Grant.
Sec. 220. Assessment development and evaluation grants.
Sec. 221. Evaluation.
PART C—LEADERSHIP IN EDUCATIONAL TECHNOLOGY
Sec. 231. Purposes.
Sec. 232. Federal leadership.
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Sec. 233. Office of educational technology.
Sec. 234. Uses of funds.
Sec. 235. Non-Federal share.
Sec. 236. Office of training technology transfer.
PART D—AUTHORIZATION OF APPROPRIATIONS
Sec. 241. 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.
Sec. 306. State improvement plans.
Sec. 307. Secretary’s review of applications; payments.
Sec. 308. State use of funds.
Sec. 309. Subgrants for local reform and professional development.
Sec. 310. Availability of information and training.
Sec. 311. Waivers of statutory and regulatory requirements.
Sec. 312. Progress reports.
Sec. 313. Technical and other assistance regarding school finance equity.
Sec. 314. National leadership.
Sec. 315. Assistance to the outlying areas and to the Secretary of the Interior.
Sec. 316. Clarification regarding State standards and assessments.
Sec. 317. State planning for improving student achievement through integration of
technology into the curriculum.
Sec. 318. Prohibition on Federal mandates, direction, and control.
Sec. 319. State and local government control of education.
TITLE IV—PARENTAL ASSISTANCE
Sec. 401. Parental information and resource centers.
Sec. 402. Applications.
Sec. 403. Uses of funds.
Sec. 404. Technical assistance.
Sec. 405. Definitions.
Sec. 406. Reports.
Sec. 407. General provision.
Sec. 408. Authorization of appropriations.
TITLE V—NATIONAL SKILL STANDARDS BOARD
Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Establishment of National Board.
Sec. 504. Functions of the National Board.
Sec. 505. Deadlines.
Sec. 506. Reports.
Sec. 507. Authorization of appropriations.
Sec. 508. Definitions.
Sec. 509. Sunset provision.
TITLE VI—INTERNATIONAL EDUCATION PROGRAM
Sec. 601. International Education Program.
TITLE VII—SAFE SCHOOLS
Sec. 701. Short title; statement of purpose.
Sec. 702. Safe schools program authorized.
Sec. 703. Eligible applicants.
Sec. 704. Applications and plans.
Sec. 705. Use of funds.
Sec. 706. National activities.
Sec. 707. National cooperative education statistics system.
Sec. 708. Reports.
Sec. 709. Coordination of Federal assistance.
TITLE VIII—MINORITY-FOCUSED CIVICS EDUCATION
Sec. 801. Short title.
Sec. 802. Purposes.
Sec. 803. Grants authorized; authorization of appropriations.
Sec. 804. Definitions.
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Sec. 805. Applications.
TITLE IX—EDUCATIONAL RESEARCH AND IMPROVEMENT
Sec. 901. Short title.
Sec. 902. Findings.
PART A—GENERAL PROVISIONS REGARDING THE OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT
Sec. 911. Repeal.
Sec. 912. Office of Educational Research and Improvement.
Sec. 913. Assistant Secretary for Educational Research and Improvement.
Sec. 914. Savings provision.
Sec. 915. Existing grants and contracts.
PART B—NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD
Sec. 921. Establishment within Office of Educational Research and Improvement.
PART C—NATIONAL RESEARCH INSTITUTES
Sec. 931. Establishment within the Office of Educational Research and Improve-
ment.
PART D—NATIONAL EDUCATION DISSEMINATION SYSTEM
Sec. 941. Establishment within Office of Educational Research and Improvement.
PART E—NATIONAL LIBRARY OF EDUCATION
Sec. 951. Establishment within Office of Educational Research and Improvement.
PART F—STAR SCHOOLS
Sec. 961. Star schools.
PART G—OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION
Sec. 971. Office of Comprehensive School Health Education.
PART H—FIELD READERS
Sec. 981. Field readers.
PART I—AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED
TECHNOLOGY EDUCATION ACT
Sec. 991. National Occupational Information Coordinating Committee.
TITLE X—MISCELLANEOUS
PART A—MISCELLANEOUS PROVISIONS
Sec. 1011. School prayer.
Sec. 1012. Funding for the Individuals with Disabilities Education Act.
Sec. 1013. National Board for professional teaching standards.
Sec. 1014. Forgiveness of certain overpayments.
Sec. 1015. Study of goals 2000 and students with disabilities.
Sec. 1016. Amendments to summer youth employment and training program.
Sec. 1017. Protection of pupils.
Sec. 1018. Contraceptive devices.
Sec. 1019. Assessments.
Sec. 1020. Public schools.
Sec. 1021. Assessment of educational progress activities.
Sec. 1022. Sense of the Congress.
PART B—GUN-FREE SCHOOLS
Sec. 1031. Short title.
Sec. 1032. Gun-free requirements in elementary and secondary schools.
PART C—ENVIRONMENTAL TOBACCO SMOKE
Sec. 1041. Short title.
Sec. 1042. Definitions.
Sec. 1043. Nonsmoking policy for children’s services.
Sec. 1044. Preemption.
PART D—MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP
Sec. 1051. Short title.
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Sec. 1052. Grants for midnight basketball league training and partnership pro-
grams.
Sec. 1053. Public housing midnight basketball league programs.
SEC. 2. PURPOSE.
The purpose of this Act is to provide a framework for meeting
the National Education Goals established by title I of this Act
by—
(1) promoting coherent, nationwide, systemic education
reform;
(2) improving the quality of learning and teaching in the
classroom and in the workplace;
(3) defining appropriate and coherent Federal, State, and
local roles and responsibilities for education reform and lifelong
learning;
(4) establishing valid and reliable mechanisms for—
(A) building a broad national consensus on American
education reform;
(B) assisting in the development and certification of
high-quality, internationally competitive content and stu-
dent performance standards;
(C) assisting in the development and certification of
opportunity-to-learn standards; and
(D) assisting in the development and certification of
high-quality assessment measures that reflect the inter-
nationally competitive content and student performance
standards;
(5) supporting new initiatives at the Federal, State, local,
and school levels to provide equal educational opportunity for
all students to meet high academic and occupational skill stand-
ards and to succeed in the world of employment and civic
participation;
(6) providing a framework for the reauthorization of all
Federal education programs by—
(A) creating a vision of excellence and equity that
will guide all Federal education and related programs;
(B) providing for the establishment of high-quality,
internationally competitive content and student perform-
ance standards and strategies that all students will be
expected to achieve;
(C) providing for the establishment of high-quality,
internationally competitive opportunity-to-learn standards
that all States, local educational agencies, and schools
should achieve;
(D) encouraging and enabling all State educational
agencies and local educational agencies to develop com-
prehensive improvement plans that will provide a coherent
framework for the implementation of reauthorized Federal
education and related programs in an integrated fashion
that effectively educates all children to prepare them to
participate fully as workers, parents, and citizens;
(E) providing resources to help individual schools,
including those serving students with high needs, develop
and implement comprehensive improvement plans; and
(F) promoting the use of technology to enable all stu-
dents to achieve the National Education Goals;
(7) stimulating the development and adoption of a vol-
untary national system of skill standards and certification to
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serve as a cornerstone of the national strategy to enhance
workforce skills; and
(8) assisting every elementary and secondary school that
receives funds under this Act to actively involve parents and
families in supporting the academic work of their children
at home and in providing parents with skills to advocate for
their children at school.
SEC. 3. DEFINITIONS.
(a) TITLES I, II, III, AND X.—As used in titles I, II, III, and
X of this Act—
(1) the terms ‘‘all students’’ and ‘‘all children’’ mean stu-
dents or children from a broad range of backgrounds and cir-
cumstances, including disadvantaged students and children,
students or children with diverse racial, ethnic, and cultural
backgrounds, American Indians, Alaska Natives, Native Hawai-
ians, students or children with disabilities, students or children
with limited-English proficiency, school-aged students or chil-
dren who have dropped out of school, migratory students or
children, and academically talented students and children;
(2) the term ‘‘Bureau’’, unless otherwise provided, means
the Bureau of Indian Affairs;
(3) the terms ‘‘community’’, ‘‘public’’, and ‘‘advocacy group’’
include representatives of organizations advocating for the edu-
cation of American Indian, Alaska Native, and Native Hawaiian
children and Indian tribes;
(4) the term ‘‘content standards’’ means broad descriptions
of the knowledge and skills students should acquire in a
particular subject area;
(5) the term ‘‘Governor’’ means the chief executive of the
State;
(6) the terms ‘‘local educational agency’’ and ‘‘State edu-
cational agency’’ have the meaning given such terms in section
1471 of the Elementary and Secondary Education Act of 1965;
(7) the term ‘‘opportunity-to-learn standards’’ means the
criteria for, and the basis of, assessing the sufficiency or quality
of the resources, practices, and conditions necessary at each
level of the education system (schools, local educational agen-
cies, and States) to provide all students with an opportunity
to learn the material in voluntary national content standards
or State content standards;
(8) the term ‘‘outlying areas’’ means Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, Palau (until the effective date of the Compact
of Free Association with the Government of Palau), the Republic
of the Marshall Islands, and the Federated States of Micronesia;
(9) the term ‘‘performance standards’’ means concrete exam-
ples and explicit definitions of what students have to know
and be able to do to demonstrate that such students are pro-
ficient in the skills and knowledge framed by content standards;
(10) the term ‘‘related services’’ has the same meaning
given such term under section 602 of the Individuals with
Disabilities Education Act;
(11) the term ‘‘State assessment’’ means measures of stu-
dent performance which include at least 1 instrument of evalua-
tion, and may include other measures of student performance,
for a specific purpose and use which are intended to evaluate
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the progress of all students in the State toward learning the
material in State content standards in 1 or more subject areas;
(12) the term ‘‘school’’ means a public school that is under
the authority of the State educational agency or a local edu-
cational agency or, for the purpose of carrying out section
315(b), a school that is operated or funded by the Bureau;
(13) the term ‘‘Secretary’’, unless otherwise provided, means
the Secretary of Education; and
(14) the term ‘‘State’’, unless otherwise provided, means
each of the 50 States, the District of Columbia, the Common-
wealth of Puerto Rico, and each of the outlying areas.
(b) TITLES IV, V, VI, VII, VIII, AND IX.—For the purpose
of titles IV, V, VI, VII, VIII, and IX—
(1) except as provided in paragraph (3) and unless other-
wise provided, the terms used in such titles have the same
meanings given such terms in section 1471 of the Elementary
and Secondary Education Act of 1965;
(2) the term ‘‘Bureau’’, unless otherwise provided, means
the Bureau of Indian Affairs; and
(3) the term ‘‘Secretary’’, unless otherwise provided, means
the Secretary of Education.
TITLE I—NATIONAL EDUCATION GOALS
SEC. 101. PURPOSE.
The purpose of this title is to establish National Education
Goals.
SEC. 102. NATIONAL EDUCATION GOALS.
The Congress declares that the National Education Goals are
the following:
(1) SCHOOL READINESS.—(A) By the year 2000, all children
in America will start school ready to learn.
(B) The objectives for this goal are that—
(i) all children will have access to high-quality and
developmentally appropriate preschool programs that help
prepare children for school;
(ii) every parent in the United States will be a child’s
first teacher and devote time each day to helping such
parent’s preschool child learn, and parents will have access
to the training and support parents need; and
(iii) children will receive the nutrition, physical activity
experiences, and health care needed to arrive at school
with healthy minds and bodies, and to maintain the mental
alertness necessary to be prepared to learn, and the number
of low-birthweight babies will be significantly reduced
through enhanced prenatal health systems.
(2) SCHOOL COMPLETION.—(A) By the year 2000, the high
school graduation rate will increase to at least 90 percent.
(B) The objectives for this goal are that—
(i) the Nation must dramatically reduce its school drop-
out rate, and 75 percent of the students who do drop
out will successfully complete a high school degree or its
equivalent; and
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(ii) the gap in high school graduation rates between
American students from minority backgrounds and their
non-minority counterparts will be eliminated.
(3) STUDENT ACHIEVEMENT AND CITIZENSHIP.—(A) By the
year 2000, all students will leave grades 4, 8, and 12 having
demonstrated competency over challenging subject matter
including English, mathematics, science, foreign languages,
civics and government, economics, arts, history, and geography,
and every school in America will ensure that all students
learn to use their minds well, so they may be prepared for
responsible citizenship, further learning, and productive
employment in our Nation’s modern economy.
(B) The objectives for this goal are that—
(i) the academic performance of all students at the
elementary and secondary level will increase significantly
in every quartile, and the distribution of minority students
in each quartile will more closely reflect the student popu-
lation as a whole;
(ii) the percentage of all students who demonstrate
the ability to reason, solve problems, apply knowledge,
and write and communicate effectively will increase
substantially;
(iii) all students will be involved in activities that
promote and demonstrate good citizenship, good health,
community service, and personal responsibility;
(iv) all students will have access to physical education
and health education to ensure they are healthy and fit;
(v) the percentage of all students who are competent
in more than one language will substantially increase; and
(vi) all students will be knowledgeable about the
diverse cultural heritage of this Nation and about the world
community.
(4) TEACHER
EDUCATION
AND
PROFESSIONAL
DEVELOP-
MENT.—
(A) By the year 2000, the Nation’s teaching force will
have access to programs for the continued improvement
of their professional skills and the opportunity to acquire
the knowledge and skills needed to instruct and prepare
all American students for the next century.
(B) The objectives for this goal are that—
(i) all teachers will have access to preservice
teacher education and continuing professional develop-
ment activities that will provide such teachers with
the knowledge and skills needed to teach to an increas-
ingly diverse student population with a variety of edu-
cational, social, and health needs;
(ii) all teachers will have continuing opportunities
to acquire additional knowledge and skills needed to
teach challenging subject matter and to use emerging
new methods, forms of assessment, and technologies;
(iii) States and school districts will create
integrated strategies to attract, recruit, prepare,
retrain, and support the continued professional devel-
opment of teachers, administrators, and other edu-
cators, so that there is a highly talented work force
of professional educators to teach challenging subject
matter; and
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(iv) partnerships will be established, whenever pos-
sible, among local educational agencies, institutions
of higher education, parents, and local labor, business,
and professional associations to provide and support
programs for the professional development of edu-
cators.
(5) MATHEMATICS
AND
SCIENCE.—(A) By the year 2000,
United States students will be first in the world in mathematics
and science achievement.
(B) The objectives for this goal are that—
(i) mathematics and science education, including the
metric system of measurement, will be strengthened
throughout the system, especially in the early grades;
(ii) the number of teachers with a substantive back-
ground in mathematics and science, including the metric
system of measurement, will increase by 50 percent; and
(iii) the number of United States undergraduate and
graduate students, especially women and minorities, who
complete degrees in mathematics, science, and engineering
will increase significantly.
(6) ADULT LITERACY AND LIFELONG LEARNING.—(A) By the
year 2000, every adult American will be literate and will possess
the knowledge and skills necessary to compete in a global
economy and exercise the rights and responsibilities of citizen-
ship.
(B) The objectives for this goal are that—
(i) every major American business will be involved
in strengthening the connection between education and
work;
(ii) all workers will have the opportunity to acquire
the knowledge and skills, from basic to highly technical,
needed to adapt to emerging new technologies, work
methods, and markets through public and private edu-
cational, vocational, technical, workplace, or other pro-
grams;
(iii) the number of quality programs, including those
at libraries, that are designed to serve more effectively
the needs of the growing number of part-time and
midcareer students will increase substantially;
(iv) the proportion of the qualified students, especially
minorities, who enter college, who complete at least two
years, and who complete their degree programs will
increase substantially;
(v) the proportion of college graduates who demonstrate
an advanced ability to think critically, communicate effec-
tively, and solve problems will increase substantially; and
(vi) schools, in implementing comprehensive parent
involvement programs, will offer more adult literacy, parent
training and life-long learning opportunities to improve
the ties between home and school, and enhance parents’
work and home lives.
(7) SAFE, DISCIPLINED, AND
ALCOHOL- AND
DRUG-FREE
SCHOOLS.—
(A) By the year 2000, every school in the United States
will be free of drugs, violence, and the unauthorized pres-
ence of firearms and alcohol and will offer a disciplined
environment conducive to learning.
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(B) The objectives for this goal are that—
(i) every school will implement a firm and fair
policy on use, possession, and distribution of drugs
and alcohol;
(ii) parents, businesses, governmental and commu-
nity organizations will work together to ensure the
rights of students to study in a safe and secure environ-
ment that is free of drugs and crime, and that schools
provide a healthy environment and are a safe haven
for all children;
(iii) every local educational agency will develop
and implement a policy to ensure that all schools are
free of violence and the unauthorized presence of
weapons;
(iv) every local educational agency will develop
a sequential, comprehensive kindergarten through
twelfth grade drug and alcohol prevention education
program;
(v) drug and alcohol curriculum should be taught
as an integral part of sequential, comprehensive health
education;
(vi) community-based teams should be organized
to provide students and teachers with needed support;
and
(vii) every school should work to eliminate sexual
harassment.
(8) PARENTAL PARTICIPATION.—
(A) By the year 2000, every school will promote part-
nerships that will increase parental involvement and
participation in promoting the social, emotional, and aca-
demic growth of children.
(B) The objectives for this Goal are that—
(i) every State will develop policies to assist local
schools and local educational agencies to establish pro-
grams for increasing partnerships that respond to the
varying needs of parents and the home, including par-
ents of children who are disadvantaged or bilingual,
or parents of children with disabilities;
(ii) every school will actively engage parents and
families in a partnership which supports the academic
work of children at home and shared educational
decisionmaking at school; and
(iii) parents and families will help to ensure that
schools are adequately supported and will hold schools
and teachers to high standards of accountability.
TITLE II—NATIONAL EDUCATION RE-
FORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
PART A—NATIONAL EDUCATION GOALS PANEL
SEC. 201. PURPOSE.
It is the purpose of this part to establish a bipartisan mecha-
nism for—
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(1) building a national consensus for education improve-
ment;
(2) reporting on progress toward achieving the National
Education Goals; and
(3) reviewing the voluntary national content standards,
voluntary national student performance standards and vol-
untary national opportunity-to-learn standards certified by the
National Education Standards and Improvement Council, as
well as the criteria for the certification of such standards,
and the criteria for the certification of State assessments cer-
tified by the National Education Standards and Improvement
Council, with the option of disapproving such standards and
criteria not later than 90 days after receipt from such Council.
SEC. 202. NATIONAL EDUCATION GOALS PANEL.
(a) ESTABLISHMENT.—There is established in the executive
branch a National Education Goals Panel (hereafter in this title
referred to as the ‘‘Goals Panel’’) to advise the President, the Sec-
retary, and the Congress.
(b) COMPOSITION.—The Goals Panel shall be composed of 18
members (hereafter in this part referred to as ‘‘members’’),
including—
(1) 2 members appointed by the President;
(2) 8 members who are Governors, 3 of whom shall be
from the same political party as the President and 5 of whom
shall be from the opposite political party of the President,
appointed by the Chairperson and Vice Chairperson of the
National Governors’ Association, with the Chairperson and Vice
Chairperson each appointing representatives of such Chair-
person’s or Vice Chairperson’s respective political party, in
consultation with each other;
(3) 4 Members of the Congress, of whom—
(A) 1 member shall be appointed by the Majority
Leader of the Senate from among the Members of the
Senate;
(B) 1 member shall be appointed by the Minority
Leader of the Senate from among the Members of the
Senate;
(C) 1 member shall be appointed by the Majority
Leader of the House of Representatives from among the
Members of the House of Representatives; and
(D) 1 member shall be appointed by the Minority
Leader of the House of Representatives from among the
Members of the House of Representatives; and
(4) 4 members of State legislatures appointed by the Presi-
dent of the National Conference of State Legislatures, of whom
2 shall be of the same political party as the President of
the United States.
(c) SPECIAL APPOINTMENT RULES.—
(1) IN GENERAL.—The members appointed pursuant to sub-
section (b)(2) shall be appointed as follows:
(A) If the Chairperson of the National Governors’
Association is from the same political party as the Presi-
dent, the Chairperson shall appoint 3 individuals and the
Vice Chairperson of such association shall appoint 5
individuals.
H. R. 1804—11
(B) If the Chairperson of the National Governors’
Association is from the opposite political party as the Presi-
dent, the Chairperson shall appoint 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 requirements of sub-
sections (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 compliance with the provisions of such subsections
and shall not be required to be reappointed pursuant to such
subsections.
(3) REPRESENTATION.—To the extent feasible, the member-
ship of the Goals Panel shall be geographically representative
and reflect the racial, ethnic, and gender diversity of the United
States.
(d) TERMS.—The terms of service of members shall be as follows:
(1) PRESIDENTIAL APPOINTEES.—Members appointed under
subsection (b)(1) shall serve at the pleasure of the President.
(2) GOVERNORS.—Members appointed under paragraph (2)
of subsection (b) shall serve for 2-year terms, 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 paragraphs (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 expenses,
including per diem in lieu of subsistence, as authorized by section
5703 of title 5, United States Code, for each 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.
(2) TERM
AND
POLITICAL
AFFILIATION.—The Chairperson
of the Goals Panel shall serve a 1-year term and shall alternate
between political parties.
(j) CONFLICT OF INTEREST.—A member of the Goals Panel who
is an elected official of a State which has developed content, student
performance, or opportunity-to-learn standards may not participate
in Goals Panel consideration of such standards.
(k) EX OFFICIO MEMBER.—If the President has not appointed
the Secretary as 1 of the 2 members the President appoints pursu-
ant to subsection (b)(1), then the Secretary shall serve as a
nonvoting ex officio member of the Goals Panel.
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SEC. 203. DUTIES.
(a) IN GENERAL.—The Goals Panel shall—
(1) report to the President, the Secretary, and the Congress
regarding the progress the Nation and the States are making
toward achieving the National Education Goals established
under title I of this Act, including issuing an annual report;
(2) report on State opportunity-to-learn standards and
strategies and the progress of States that are implementing
such standards and strategies to help all students meet State
content standards and State student performance standards;
(3) submit to the President nominations for appointment
to the National Education Standards and Improvement Council
in accordance with subsections (b) and (c) of section 212;
(4) after taking into consideration the public comments
received pursuant to section 216 and not later than 90 days
after receipt, review the—
(A) criteria developed by the National Education Stand-
ards and Improvement Council for the certification of State
content standards, State student performance standards,
State assessments, and State opportunity-to-learn stand-
ards; and
(B) voluntary national content standards, voluntary
national student performance standards and voluntary
national opportunity-to-learn standards certified by the
National Education Standards and Improvement Council,
except that the Goals Panel shall have the option of disapprov-
ing such criteria and standards by a two-thirds majority vote
of the membership of the Goals Panel not later than 90 days
after receipt of such criteria and standards;
(5) 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
(6) help build a nationwide, bipartisan consensus for the
reforms necessary to achieve the National Education Goals.
(b) REPORT.—
(1) IN GENERAL.—The Goals Panel shall annually prepare
and submit to the President, the Secretary, the appropriate
committees of Congress, and the Governor of each State a
report that shall—
(A) report on the progress of the United States toward
achieving the National Education Goals;
(B) identify actions that should be taken by Federal,
State, and local governments to enhance progress toward
achieving the National Education Goals and to provide
all students with a fair opportunity-to-learn; and
(C) report on State opportunity-to-learn standards and
strategies and the progress of States that are implementing
such standards and strategies to help all students meet
State content standards and State student performance
standards.
(2) FORM; DATA.—Reports shall be presented in a form,
and include data, that is understandable to parents and the
general public.
SEC. 204. POWERS OF THE GOALS PANEL.
(a) HEARINGS.—
H. R. 1804—13
(1) IN GENERAL.—The Goals Panel shall, for the purpose
of carrying out this part, conduct such hearings, 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 receive reports, views, and
analyses of a broad spectrum of experts and the public on
the establishment of voluntary national content standards, vol-
untary national student performance standards, voluntary
national opportunity-to-learn standards, and State assessments
described in section 213(f).
(b) INFORMATION.—The Goals Panel may secure directly from
any department or agency of the United States information nec-
essary to enable the Goals Panel to carry out this part. Upon
request of the Chairperson of the Goals Panel, the head of a depart-
ment or agency 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 other departments and agencies of the United States.
(d) USE OF FACILITIES.—The Goals Panel may, with consent
of any agency or instrumentality of the United States, or of any
State or political subdivision thereof, use the research, equipment,
services, and facilities of such agency, instrumentality, State, or
subdivision, respectively.
(e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT.—
(1) IN GENERAL.—The Secretary shall provide to the Goals
Panel, on a reimbursable basis, such administrative support
services as the Goals Panel may request.
(2) CONTRACTS AND OTHER ARRANGEMENTS.—The Secretary,
to the extent appropriate, and on a reimbursable basis, shall
make contracts and other arrangements that are requested
by the Goals Panel to help the Goals Panel compile and analyze
data or carry out other functions necessary to the performance
of such responsibilities.
SEC. 205. ADMINISTRATIVE PROVISIONS.
(a) MEETINGS.—The Goals Panel shall meet on a regular basis,
as necessary, at the call of the Chairperson of the Goals Panel
or a majority of its members.
(b) QUORUM.—A majority of the members shall constitute a
quorum for the transaction of business.
(c) VOTING AND FINAL DECISION.—
(1) VOTING.—No individual may vote, or exercise any of
the powers of a member, by proxy.
(2) FINAL DECISIONS.—
(A) In making final decisions of the Goals Panel with
respect to the exercise of its duties and powers the Goals
Panel shall operate on the principle of consensus among
the members of the Goals Panel.
(B) Except as otherwise provided in this part, if a
vote of the membership of the Goals Panel is required
to reach a final decision with respect to the exercise of
its duties and powers, then such final decision shall be
made by a three-fourths vote of the members of the Goals
Panel who are present and voting.
H. R. 1804—14
(d) PUBLIC ACCESS.—The Goals Panel shall ensure public access
to its proceedings (other than proceedings, or portions of proceed-
ings, relating to internal personnel and management matters) and
make available to the public, at reasonable cost, transcripts of
such proceedings.
SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) DIRECTOR.—The Chairperson of the Goals Panel, without
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 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 appoint not more
than 4 additional employees to serve as staff to the Goals
Panel without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may
be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classifica-
tion 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 agency to the
Goals Panel to assist the Goals Panel in its duties 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 section referred to as the ‘‘Groups’’) to improve
the methods of assessing the readiness of children for school that
would lead to alternatives to currently used early childhood assess-
ments.
(b) ACTIVITIES.—The Groups shall—
(1) develop a model of elements of school readiness that
address a broad range of early childhood developmental needs,
including the needs of children with disabilities;
(2) create clear guidelines regarding the nature, functions,
and uses of early childhood assessments, including assessment
formats that are appropriate for use in culturally and linguis-
tically diverse communities, based on model elements of school
readiness;
(3) monitor and evaluate early childhood assessments,
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 collection of data
on the status of young children to improve policy and practice,
H. R. 1804—15
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 regarding how to improve
the assessment of young children and how such assessments can
improve services to children.
(d) REPORT.—The Goals Panel shall provide reports on the
work of the Groups to the appropriate committees of 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 and periodically review voluntary national con-
tent standards and voluntary national student performance
standards that define what all students should know and be
able to do;
(2) certify State content standards and State student
performance standards submitted by States on a voluntary
basis, if such standards are comparable or higher 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 and periodically review voluntary national oppor-
tunity-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 and the voluntary
national student performance standards certified by the
National Education Standards and Improvement Council;
(4) certify opportunity-to-learn standards submitted by
States on a voluntary basis, if such standards are comparable
or higher in rigor and quality to the voluntary national oppor-
tunity-to-learn standards certified by the National Education
Standards and Improvement Council; and
(5) certify State assessments submitted by States or groups
of States on a voluntary basis, if such assessments—
(A) are aligned with and support State content stand-
ards certified by such Council; and
(B) are valid, reliable, and consistent with relevant,
nationally recognized, professional and technical standards
for assessment when used for their intended purposes.
SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT
COUNCIL.
(a) ESTABLISHMENT.—There is established in the executive
branch a National Education Standards and Improvement Council
(hereafter in this part referred to as the ‘‘Council’’).
(b) COMPOSITION.—
(1) IN
GENERAL.—The Council shall be composed of 19
members (hereafter in this part referred to as ‘‘members’’)
who shall be appointed as follows:
(A) The President shall appoint 7 individuals to the
Council from among nominations received from the Sec-
retary under subsection (c)(1)(B)(i), of whom—
H. R. 1804—16
(i) 2 shall be from each of the categories described
in clause (i), (iii), or (iv) of subsection (c)(1)(A); and
(ii) 1 shall be from the category described in clause
(ii) of subsection (c)(1)(A).
(B) The President shall appoint 12 individuals to the
Council, of whom—
(i) 4 individuals shall be from nominations received
from the Speaker of the House of Representatives,
of whom 1 individual shall be from each of the cat-
egories described in clauses (i) through (iv) of sub-
section (c)(1)(A);
(ii) 4 individuals shall be from nominations
received from the Majority Leader of the Senate, of
whom 1 individual shall be from each of the categories
described in clauses (i) through (iv) of subsection
(c)(1)(A); and
(iii) 4 individuals shall be from nominations
received from the Goals Panel, of whom 1 individual
shall be from each of the categories described in clauses
(i) through (iv) of subsection (c)(1)(A).
(2) SPECIAL
RULES.—From among nominations received
pursuant to subparagraphs (A) and (B) of paragraph (1) the
President shall appoint to the Council—
(A) 1 individual representative of post-secondary edu-
cational institutions;
(B) 1 individual representative of organized labor; and
(C) 1 individual who is representative of business and
is a member of the National Skill Standards Board estab-
lished under title V.
(c) APPOINTMENT RULES AND QUALIFICATIONS.—
(1) APPOINTMENT CATEGORIES.—(A) The members of the
Council shall be appointed from among the following categories
of individuals:
(i) Professional educators, including elementary and
secondary classroom teachers, preschool educators, related
services personnel, and other school-based professionals,
State or local educational agency administrators, and other
educators.
(ii) Representatives of business and industry, organized
labor, and postsecondary educational institutions.
(iii) Representatives of the public, including representa-
tives of advocacy, civil rights and disability groups, parents,
civic leaders, State or local education policymakers (includ-
ing members of State, local, or tribal school boards).
(iv) Education experts, including experts in measure-
ment and assessment, curriculum, school finance and
equity, and school reform.
(B)(i) The Secretary shall nominate 21 individuals for mem-
bership on the Council, of whom—
(I) 3 individuals shall be nominated from the category
described in subparagraph (A)(i); and
(II) 6 individuals shall be nominated from each of
the categories described in clauses (ii) through (iv) of
subparagraph (A).
(ii) The Speaker of the House of Representatives, in con-
sultation with the Majority Leader and Minority Leader of
the House of Representatives, shall nominate 12 individuals
H. R. 1804—17
for membership on the Council, of whom 3 individuals shall
be nominated from each of the categories described in clauses
(i) through (iv) of subparagraph (A).
(iii) The Majority Leader of the Senate, in consultation
with the Minority Leader of the Senate, shall nominate 12
individuals for membership on the Council, of whom 3 individ-
uals shall be nominated from each of the categories described
in clauses (i) and (iv) of subparagraph (A).
(iv) The Goals Panel shall nominate 12 individuals for
membership on the Council, of whom 3 individuals shall be
nominated from each of the categories described in clauses
(i) and (iv) of subparagraph (A).
(2) REPRESENTATION.—To the extent feasible, the member-
ship of the Council shall be geographically representative of
the United States and reflect the diversity of the United States
with regard to race, ethnicity, gender, and disability character-
istics.
(3) EXPERTISE OR BACKGROUND.—Not less than one-third
of the individuals nominated and appointed under subsection
(b) shall have expertise or background in the educational needs
of children who are from low-income families, from minority
backgrounds, have limited-English proficiency, or have disabil-
ities.
(4) DIVISION BETWEEN POLITICAL PARTIES.—To the extent
feasible, the individuals nominated and the individuals
appointed to the Council shall be equally divided between the
2 major political parties.
(d) TERMS.—
(1) IN GENERAL.—Members shall be appointed for 3-year
terms, with no member serving more than 2 consecutive terms.
(2) STAGGERING.—(A) The Council shall establish initial
terms for members of 1, 2, or 3 years in order to establish
a rotation in which one-third of the members are selected
each year.
(B) The Secretary shall determine, pursuant to a lottery,
which members serve terms of 1, 2, or 3 years under subpara-
graph (A).
(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 members have been
appointed.
(g) RETENTION.—In order to retain an appointment to the Coun-
cil, a member shall attend at least two-thirds of the scheduled
meetings of the Council in any given year.
(h) VACANCY.—A vacancy on the Council shall not affect the
powers of the Council, but shall be filled in the same manner
as the original appointment.
(i) COMPENSATION.—Members of the Council who are not regu-
lar full-time employees of the United States may, while attending
meetings or hearings of the Council, be provided compensation
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) CONFLICT OF INTEREST.—
(1) IN GENERAL.—A member of the Council may not concur-
rently serve as a member of the Goals Panel.
H. R. 1804—18
(2) PROHIBITION.—A member of the Council who resides
in a State which has developed State content standards, State
student performance standards, State opportunity-to-learn
standards or State assessments that are submitted to the Coun-
cil for certification may not participate in Council consideration
of such standards and assessments.
(3) SPECIAL RULES.—(A) Notwithstanding any other provi-
sion of law, before an individual is appointed to the Council,
the official responsible for issuing waivers under section
208(b)(3) of title 18, United States Code, shall submit to the
Committee on Education and Labor of the House of Representa-
tives and the Committee on Labor and Human Resources of
the Senate a copy of the waiver required by that section.
Information contained in the waiver that would not otherwise
be publicly available under section 208(d)(1) of title 18, United
States Code, shall be provided to such committees, but shall
be noted as nonpublic information.
(B) The Council shall develop, consistent with the provi-
sions of and regulations promulgated pursuant to section
208(b)(3) of title 18, United States Code, and submit to the
Committee on Education and Labor of the House of Representa-
tives and the Committee on Labor and Human Resources of
the Senate procedures governing the participation of members
in any matter that affects the financial interests of the members
or of a person or entity whose interests are imputed to the
member.
(k) TRAVEL.—Each member of the Council may be allowed
travel expenses, including per diem in lieu of subsistence, as author-
ized by section 5703 of title 5, United States Code, for each day
the member is engaged in the performance of duties away from
the home or regular place of business of the member.
(l) OFFICERS.—The members of the Council shall select officers
from among its members. The officers of the Council shall serve
for one-year terms.
SEC. 213. DUTIES.
(a) VOLUNTARY NATIONAL CONTENT STANDARDS; VOLUNTARY
NATIONAL STUDENT PERFORMANCE STANDARDS.—
(1) IN
GENERAL.—The Council, which may consult with
outside experts, shall—
(A) identify areas in which voluntary national content
standards need to be developed;
(B) certify voluntary national content standards and
voluntary national student performance standards using
the criteria developed under paragraph (2)(A)(i), that define
what all students should know and be able to do;
(C) forward such voluntary national content standards
and voluntary national student performance standards to
the Goals Panel for review, except that the Goals Panel
shall have the option of disapproving such standards by
a two-thirds majority vote of the full membership of the
Goals Panel not later than 90 days after receipt of such
standards; and
(D) develop a process for periodically reviewing any
voluntary national content standards, voluntary national
student performance standards, and voluntary national
opportunity-to-learn standards that have been certified.
H. R. 1804—19
(2) CRITERIA.—(A) The Council, which may consult with
outside experts, shall—
(i) identify and develop criteria to be used for certifying
the voluntary national content standards and voluntary
national student performance standards; and
(ii) before applying such criteria, forward such criteria
to the Goals Panel for review, except that the Goals Panel
shall have the option of disapproving such criteria by a
two-thirds majority vote of the full membership of the
Goals Panel not later than 90 days after receipt of such
criteria.
(B) The criteria developed by the Council shall address—
(i) the extent to which the proposed standards are
internationally competitive and comparable to the best in
the world;
(ii) the extent to which the proposed voluntary national
content standards and voluntary national student perform-
ance standards reflect the best available knowledge about
how all students learn and about how the content area
can be most effectively taught;
(iii) the extent to which the proposed voluntary
national content standards and voluntary national student
performance standards have been developed through an
open and public process that provides for input and involve-
ment of all relevant parties, including teachers, related
services personnel, and other professional educators,
employers 
and 
postsecondary 
education 
institutions,
curriculum 
and 
subject 
matter 
specialists, 
parents,
advocacy groups, secondary school students, and the public;
and
(iv) other factors that the Council deems appropriate.
(C) In developing the criteria, the Council shall work with
entities that are developing, or have already developed, content
and student performance standards, and any other entities
that the Council deems appropriate, to identify appropriate
certification criteria.
(b) STATE CONTENT STANDARDS; STATE STUDENT PERFORMANCE
STANDARDS.—The Council may certify State content standards and
State student performance standards presented on a voluntary basis
by a State or group of States, using the criteria developed under
subsection (a)(2)(A)(i), if such standards are comparable or higher
in rigor and quality to the voluntary national content standards
and voluntary national student performance standards certified
by the Council.
(c) VOLUNTARY
NATIONAL
OPPORTUNITY-TO-LEARN
STAND-
ARDS.—
(1) IN
GENERAL.—The Council, which may consult with
outside experts, shall certify exemplary, voluntary national
opportunity-to-learn standards that will establish a basis for
providing all students a fair opportunity to achieve the knowl-
edge and skills set out in the voluntary national content stand-
ards certified by the Council. In carrying out the preceding
sentence the Council is authorized to consider proposals for
voluntary national opportunity-to-learn standards from groups
other than groups that receive grants under section 219.
H. R. 1804—20
(2) ELEMENTS ADDRESSED.—The voluntary national oppor-
tunity-to-learn standards certified by the Council shall
address—
(A) the quality and availability to all students of curric-
ula, instructional materials, and technologies, including dis-
tance learning;
(B) the capability of teachers to provide high-quality
instruction to meet diverse learning needs in each content
area to all students;
(C) the extent to which teachers, principals, and
administrators have ready and continuing access to profes-
sional development, including the best knowledge about
teaching, learning, and school improvement;
(D) the extent to which curriculum, instructional prac-
tices, and assessments are aligned to voluntary national
content standards;
(E) the extent to which school facilities provide 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;
(F) the extent to which schools utilize policies, curric-
ula, and instructional practices which ensure non-
discrimination on the basis of gender; and
(G) other factors that the Council deems appropriate
to ensure that all students receive a fair opportunity to
achieve the knowledge and skills described in the voluntary
national content standards and the voluntary national stu-
dent performance standards certified by the Council.
(3) ADDITIONAL DUTIES.—In carrying out this subsection,
the Council shall—
(A) identify what other countries with rigorous content
standards do to—
(i) provide their children with opportunities 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 vol-
untary national opportunity-to-learn standards and State
opportunity-to-learn standards and, before applying such
criteria, forward such criteria to the Goals Panel for review,
except that the Goals Panel shall have the option of dis-
approving such criteria by a two-thirds majority vote of
the full membership of the Goals Panel not later than
90 days after receipt of such criteria.
(4) RECOMMENDATIONS AND COORDINATION.—The Council
shall assist in the development of the voluntary national oppor-
tunity-to-learn standards developed by each consortium under
section 219 by—
(A) making recommendations to the Secretary regard-
ing priorities and selection criteria for each grant awarded
under section 219; and
(B) coordinating with each consortium receiving awards
under section 219 to ensure that the opportunity-to-learn
standards the consortium develops are appropriate for the
needs of all students, are of high quality, and are consistent
H. R. 1804—21
with the criteria developed by the Council for the certifi-
cation of such standards.
(5) APPROVAL.—The Council shall forward the voluntary
national opportunity-to-learn standards the Council certifies
to the Goals Panel for review, except that the Goals Panel
shall have the option of disapproving such standards by a
two-thirds majority vote of the full membership of the Goals
Panel not later than 90 days after receipt of such standards.
(d) STATE OPPORTUNITY-TO-LEARN STANDARDS.—The Council
may certify State opportunity-to-learn standards submitted volun-
tarily by a State, using the criteria developed under subsection
(c)(3)(B), if such standards are comparable or higher in rigor and
quality to the voluntary national opportunity-to-learn standards.
(e) GENERAL
PROVISION
REGARDING
VOLUNTARY
NATIONAL
STANDARDS.—The Council may certify voluntary national content
standards, voluntary national student performance standards, and
voluntary national opportunity-to-learn standards if such standards
are sufficiently general to be used by any State without restricting
State and local control of curriculum and prerogatives regarding
instructional methods to be employed.
(f) STATE ASSESSMENTS.—
(1) IN GENERAL.—(A) The Council may certify for a period
not to exceed 5 years, State assessments that are submitted
voluntarily by a State, using the criteria developed under para-
graph (2)(A), if such assessments are aligned with the State’s
content standards certified by the Council.
(B) State assessments shall be certified by the Council
for the purposes of—
(i) informing students, parents, teachers, and related
services personnel about the progress of all students toward
the standards;
(ii) improving classroom instruction and improving the
learning outcomes for all students;
(iii) exemplifying for students, parents, and teachers
the kinds and levels of achievement that should be expected
of all students, including the identification of State student
performance standards;
(iv) measuring and motivating individual students,
schools, districts, States, and the Nation to improve edu-
cational performance; and
(v) assisting education policymakers in making deci-
sions about education programs.
(C) The Council shall certify State assessments only if—
(i) a State can demonstrate to the Council that all
students have been prepared in the content for which such
students are being assessed;
(ii) such assessments will not be used to make decisions
regarding graduation, grade promotion, or retention of stu-
dents for a period of 5 years from the date of enactment
of this Act; and
(iii) the State has submitted to the Council—
(I) a description of the purposes for which the
State assessments have been designed;
(II) the methodologies and process used to develop,
select, validate, and use such State assessments;
(III) a copy of the test instrument, as appropriate;
H. R. 1804—22
(IV) a description of the other measures the State
will use to evaluate student performance; and
(V) evidence that the test or tests which are part
of the State assessments are valid, reliable measures
of their intended purposes, are aligned with the State
content standards, are capable of assessing the
progress of all students toward learning the material
in the State content standards, and are consistent with
relevant nationally recognized professional and tech-
nical standards.
(D) The Council, at the request of a State prior to the
State’s submission to the Council of a State assessment for
a proposed use, shall review and provide guidance to such
State on a proposed package of measures, including tests that
will be included in such a system.
(2) CRITERIA.—(A) The Council shall develop and, not
sooner than three years nor later than four years after the
date of enactment of this Act, begin utilizing criteria for the
certification of State assessments for the purposes described
in paragraph (1)(B).
(B) Before using such criteria, the Council shall forward
the criteria to the Goals Panel for review, except that the
Goals Panel shall have the option of disapproving such criteria
by a two-thirds majority vote of the full membership of the
Goals Panel not later than 90 days after receipt of such criteria.
(C) The certification criteria developed by the Council shall
address the extent to which the State assessments—
(i) are aligned with a State’s or a group of States’
State content standards certified by the Council; and
(ii) are to be used for a purpose for which they are
valid, reliable, and free of discrimination, and are consist-
ent with relevant, nationally recognized professional and
technical standards for assessment.
(D) In determining appropriate certification criteria for
State assessments, the Council shall—
(i) consider standards and criteria being developed by
other national organizations, research on assessment, and
emerging new State and local assessments;
(ii) recommend needed research;
(iii) encourage the development and field testing of
State assessments; and
(iv) provide a public forum for discussing, debating,
and building consensus for the criteria to be used for the
certification of State assessments.
(E) Prior to determining the certification criteria, the Coun-
cil shall seek public comment regarding the proposed criteria.
(F) The Council shall certify State assessments only if
such assessments include all students and provide for the
adaptations and accommodations necessary to permit the
participation of all students with diverse learning needs.
(g) PERFORMANCE OF DUTIES.—In carrying out its responsibil-
ities under this title, the Council shall—
(1) provide for a process of broad public input as part
of the process of developing criteria for standards and assess-
ments;
(2) work with Federal and non-Federal departments, agen-
cies, or organizations which are conducting research, studies,
H. R. 1804—23
or demonstration projects to determine internationally competi-
tive standards and assessments, and may establish subject
matter and other panels to advise the Council on particular
content, student performance, and opportunity-to-learn stand-
ards and on State assessments;
(3) establish cooperative arrangements with the National
Skill Standards Board to promote the coordination of the devel-
opment of content and student performance standards under
this title with the development of skill standards under title
V of this Act;
(4) recommend studies to the Secretary that are necessary
to carry out the Council’s responsibilities;
(5) inform the public about what constitutes high quality,
internationally competitive, content, student performance, and
opportunity-to-learn standards, and State assessments;
(6) on a regular basis, review and update criteria for certify-
ing content, student performance, and opportunity-to-learn
standards, and State assessments; and
(7) periodically recertify, as appropriate, the voluntary
national content standards, the voluntary national student
performance standards, and the voluntary national opportunity-
to-learn standards and the State assessments that the Council
certifies under this section.
(h) SPECIAL RULES.—
(1) UNCONDITIONED STATE PARTICIPATION.—No State shall
be required to obtain certification of standards or assessments
developed under subsection (b), (d), or (f) of this section or
to participate in programs under title III of this Act, as a
condition of participating in any Federal education program
under this or any other Act.
(2) CONSTRUCTION.—Nothing in this Act shall be construed
to create a legally enforceable right for any person 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 one year after the date the Council concludes
its first meeting, and in each succeeding year, the Council shall
prepare and submit a report to the President, the Secretary, the
appropriate committees of Congress, the Governor of each State,
and the Goals Panel regarding its work.
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 geographic 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 establishment of voluntary national content stand-
ards, voluntary national student performance standards, vol-
untary national opportunity-to-learn standards, and State
assessments described in section 213(f).
H. R. 1804—24
(b) INFORMATION.—The Council may secure directly from any
department or agency of the United States 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.
(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 United States.
(d) USE OF FACILITIES.—The Council may use the research,
equipment, services, and facilities of any department, agency, or
instrumentality of the United States, or of any State or political
subdivision thereof with the consent of such department, agency,
instrumentality, State or subdivision, respectively.
(e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT.—
(1) IN GENERAL.—The Secretary shall provide to the Coun-
cil, on a reimbursable basis, such administrative support serv-
ices as the Council may request.
(2) CONTRACTS AND OTHER ARRANGEMENTS.—The Secretary,
to the extent appropriate and on a reimbursable basis, shall
enter into contracts and other arrangements that are requested
by the Council to help the Council compile and analyze data
or carry out other functions necessary to the performance of
the Council’s responsibilities.
SEC. 216. PUBLICATION FOR PUBLIC COMMENT.
(a) TRANSMITTAL.—For the purpose of obtaining public comment
through publication in the Federal Register, the Council shall trans-
mit to the Secretary—
(1) proposed criteria for certifying voluntary national
content standards, voluntary national student performance
standards, and State content standards and State performance
standards;
(2) proposed criteria for certifying voluntary national oppor-
tunity-to-learn standards and State opportunity-to-learn stand-
ards;
(3) proposed criteria for certifying State assessments; and
(4) proposed voluntary national content standards, vol-
untary national student performance standards, and voluntary
national opportunity-to-learn standards.
(b) PUBLICATION.—The Secretary shall publish such proposed
procedures, standards, and criteria in the Federal Register.
SEC. 217. 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 constitute 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 portions of proceed-
ings, relating to internal personnel and management matters) and
make available to the public, at reasonable cost, transcripts of
such proceedings.
H. R. 1804—25
SEC. 218. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) DIRECTOR.—The Chairperson of the Council shall, without
regard to the provisions of title 5, United States Code, relating
to the appointment and compensation of officers or employees of
the United States, appoint a Director 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 appoint not more
than four additional employees to serve as staff to the Council
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may
be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classifica-
tion 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 tem-
porary and intermittent services under section 3019(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 United States
may detail any of the personnel of such department or agency
to the Council to assist the Council in its duties under this part.
SEC. 219. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.
(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 develop voluntary national
opportunity-to-learn standards consistent with the provisions
of section 213(c), and to develop a listing of model programs
for use, on a voluntary basis, by States, which standards and
listing may be used to—
(A) provide all students with an opportunity to learn;
(B) assess the capacity and performance of individual
schools; and
(C) develop appropriate actions to be taken in the
event that the schools fail to achieve such standards.
(2) COMPOSITION OF CONSORTIA.—To the extent possible,
each consortium shall include the participation of—
(A) State-level policymakers, such as Governors, State
legislators, chief State school officers, and State school
board members;
(B) local policymakers and administrators, such as local
school board members, superintendents, and principals;
(C) teachers (especially teachers involved in the devel-
opment of content standards) and related services person-
nel;
(D) parents and individuals with experience in promot-
ing parental involvement in education;
(E) representatives of business;
(F) experts in vocational-technical education;
H. R. 1804—26
(G) representatives of regional accrediting associations;
(H) individuals with expertise in school finance and
equity, the education of at-risk students, and the prepara-
tion and training of teachers and school administrators;
(I) curriculum and school reform experts;
(J) representatives of advocacy groups, including stu-
dent and civil rights advocacy groups;
(K) representatives of higher education; and
(L) secondary school students.
(3) DUTIES
OF
CONSORTIA.—In developing voluntary
national 
opportunity-to-learn 
standards, 
each 
consortium
shall—
(A) draw upon current research about student achieve-
ment and the necessary conditions for effective teaching
and learning; and
(B) provide for the development of more than one draft
of standards which incorporate the comments and rec-
ommendations of educators and other knowledgeable
individuals across the Nation.
(4) EXPERTISE OR BACKGROUND.—One-third of the members
of each consortium shall consist of individuals with expertise
or background in the educational needs and assessment of
children who are from low-income families, are from minority
backgrounds, have limited-English proficiency, or have disabil-
ities.
(5) GEOGRAPHIC
REPRESENTATION.—The membership of
each consortium shall be geographically representative and
reflect the racial, ethnic, and gender diversity of the United
States.
(b) APPLICATIONS.—
(1) GRANTS
FOR
CONSORTIUM.—Each consortium that
desires to receive a grant under this subsection shall submit
an application to the Secretary at such time, in such manner,
and containing such information and assurances as the Sec-
retary may require.
(2) AWARD
CONSIDERATION.—In establishing additional
priorities and selection criteria for awarding more than one
grant, the Secretary shall give serious consideration to the
recommendations made by the Council pursuant to section
213(c)(4)(A).
(c) REPORT.—After the development of the voluntary national
opportunity-to-learn standards, each consortium receiving assist-
ance under this section shall submit a report to the Secretary
which discusses the background, important issues, and rationale
regarding such standards.
SEC. 220. ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS.
(a) GRANTS AUTHORIZED.—
(1) IN
GENERAL.—The Secretary is authorized to make
grants to State and local educational agencies or consortia
of such agencies to help defray the cost of developing, field
testing, and evaluating State assessments to be used for some
or all of the purposes indicated in section 213(f)(1)(B), that
are aligned to State content standards certified by the Council.
(2) RESERVATION.—The Secretary shall reserve a portion
of the funds authorized under section 241(d) for grants to
State educational agencies and local educational agencies for
H. R. 1804—27
purposes of developing such assessments in languages other
than English and for students with disabilities.
(b) APPLICATIONS.—Each State or local educational agency, or
consortium, that desires to receive a grant under subsection (a)(1)
shall submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the
Secretary may require.
(c) REQUIREMENTS.—
(1) IN GENERAL.—A recipient of a grant under this section
shall—
(A) examine the validity and reliability of the State
assessment for the particular purposes for which such
assessment was developed;
(B) ensure that the State assessment is consistent
with relevant, nationally recognized professional and tech-
nical standards for assessments; and
(C) devote special attention to how a State assessment
treats all students, especially with regard to the race, gen-
der, ethnicity, disability, and language proficiency of such
students.
(2) USE.—A State assessment developed and evaluated with
funds under this section may not be used for decisions about
individual students relating to program placement, promotion,
or retention, graduation, or employment for a period of 5 years
from the date of enactment of this Act.
SEC. 221. EVALUATION.
(a) GRANT.—From funds reserved under section 304(a)(2)(C),
the Secretary shall make a grant, in an amount not to exceed
$500,000, to the National Academy of Sciences or the National
Academy of Education to—
(1) evaluate—
(A) the technical quality of the work performed by
the Goals Panel and the Council;
(B) the process the Council uses to develop criteria
for certification of standards and assessments;
(C) the process the Council uses to certify voluntary
national standards as well as standards and assessments
voluntarily submitted by States; and
(D) the process the Goals Panel uses to approve certifi-
cation criteria and voluntary national standards;
(2) periodically provide to the Goals Panel and the Council,
as appropriate, information from the evaluation under para-
graph (1); and
(3) report on the activities authorized under sections 219
and 220.
(b) REPORT.—The recipient of a grant under this section shall
submit a final report to the Congress, the Secretary, and the public
regarding the activities assisted under this section not later than
January 1, 1998.
PART C—LEADERSHIP IN EDUCATIONAL
TECHNOLOGY
SEC. 231. PURPOSES.
It is the purpose of this part to promote achievement of the
National Education Goals and—
H. R. 1804—28
(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 systems at the State and local level;
(B) to coordinate educational technology activities
among the related Federal and State departments or agen-
cies, industry leaders, and interested 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 technological revolution; and
(D) to ensure that Federal technology-related policies
and programs facilitate the use of technology in education;
(2) to promote awareness of the potential of technology
for improving teaching and learning;
(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 State education
standards;
(5) to ensure the availability and dissemination of knowl-
edge (drawn from research and experience) that can form the
basis for sound State and local decisions about investment
in, and effective uses of, educational technology;
(6) to promote high-quality professional development
opportunities for teachers and administrators regarding the
integration of technology into instruction 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 Education Act of 1965 and
vocational education programs; and
(8) to monitor, advancements in technology to encourage
the development of effective educational uses of technology.
SEC. 232. FEDERAL LEADERSHIP.
(a) ACTIVITIES AUTHORIZED.—
(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 Technology 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 agencies, 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 other Federal depart-
ments or agencies.
(b) NATIONAL LONG-RANGE TECHNOLOGY PLAN.—
(1) IN GENERAL.—The Secretary shall develop and publish
within 12 months of the date of enactment of this Act, and
update when the Secretary determines appropriate, a national
H. R. 1804—43
plan, as appropriate, in accordance with the process described
in subsection (b).
(2) REVIEW.—The Secretary shall review any major amend-
ment to a State improvement plan and shall not disapprove
any such amendment before offering a State educational
agency—
(A) an opportunity to revise such amendment; and
(B) a hearing.
(q) 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
State standards or any component of such plan, that meets
the intent and purposes of this section, then the Secretary
may approve such plan or component notwithstanding that
such plan was not developed in accordance with subsection
(b) if the Secretary determines that such approval would further
the purposes of State systemic education improvement.
(2) SPECIAL RULE.—(A) If, before the date of enactment
of this Act, a State has made substantial progress in developing
a plan that meets the intent and purposes of this section,
but was developed by a panel that does not meet the require-
ments of paragraphs (1) through (3) of subsection (b), the Sec-
retary may, at the request of the Governor and the State
educational agency, treat such panel as meeting the require-
ments of this title if the Secretary determines that there has
been statewide involvement of educators, parents, students,
advocacy groups, and other interested members of the public
in the development of the plan.
SEC. 307. SECRETARY’S REVIEW OF APPLICATIONS; PAYMENTS.
(a) FIRST YEAR.—The Secretary shall approve the State edu-
cational agency’s first 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 second year
application of the State educational agency under section 305(c)
will provide for the development and implementation of a State
improvement plan that complies with section 306.
(b) SECOND
THROUGH
FIFTH
YEARS.—The Secretary shall
approve the State educational agency’s second year application
under section 305(c)(1) for the second through fifth years of partici-
pation only if—
(1)(A) the Secretary has approved the State improvement
plan under section 306(n); or
(B) the Secretary determines that the State has made
substantial progress in developing its State improvement 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 deter-
mined under section 304(b).
H. R. 1804—44
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 made available under section 303 for
such year is equal to or greater than $50,000,000, shall use
at least 60 percent of such allotted funds to award subgrants—
(A) in accordance with section 309(a), to local edu-
cational agencies for the development or implementation
of local improvement plans; and
(B) in accordance with section 309(b), to improve
educator preservice programs and for professional develop-
ment activities consistent with the State improvement plan;
(2) if the amount made available under section 303 for
such year is less than $50,000,000, may use such funds for
the subgrants described in paragraph (1); and
(3) shall use any such allotted funds not used in accordance
with paragraphs (1) and (2) to develop, revise, expand, or
implement a State improvement 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 such agency receives assistance under this title shall—
(1) use at least 90 percent of such allotment to make
subgrants—
(A) in accordance with section 309(a), to local edu-
cational agencies for the implementation of the State
improvement plan and of local improvement plans; and
(B) in accordance with section 309(b), to improve
educator preservice programs and for professional develop-
ment activities that are consistent with the State improve-
ment plan; and
(2) use the remainder of such assistance for State activities
designed to implement its State improvement plan, such as—
(A) supporting the development or adoption of State
content standards and State student performance stand-
ards, State opportunity-to-learn standards, and State
assessments linked to such standards, including—
(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 principles, to promote effective implementa-
tion of such plan;
(C) supporting the development and implementation,
at the local educational agency and school building level,
of improved human resource development systems for
recruiting, selecting, mentoring, supporting, evaluating and
rewarding educators;
(D) providing special attention to the needs of minority,
limited-English proficient, disabled, and female students,
including instructional programs and activities that encour-
age such students in elementary and secondary schools
to aspire to enter and complete post-secondary education
or training;