(2) certify content and student performance
standards submitted by States on a voluntary basis,
if such standards are of equal or higher quality to
the voluntary national content and student perform-
ance standards certified by the National Education
Standards and Improvement Council;
(3) certify and regularly review voluntary na-
tional opportunity-to-learn standards that describe
the conditions of teaching and learning necessary for
all students to have a fair opportunity to achieve the
knowledge and skills described in the voluntary na-
tional content and student performance standards
certified by the National Education Standards and
Improvement Council;
(4) certify opportunity-to-learn standards sub-
mitted by States on a voluntary basis, if such stand-
ards are of equal or higher quality as compared with
the voluntary national opportunity-to-learn stand-
ards; and
(5) certify assessment systems submitted by
States on a voluntary basis, if such systems are
aligned with State content standards certified by the
National Education Standards and Improvement
Council and if such systems are valid, reliable, and
consistent with relevant, nationally recognized, pro-
fessional and technical standards for assessment
when used for their intended purposes.
SEC. 212. NATIONAL EDUCATION STANDARDS AND IM-
PROVEMENT COUNCIL.
(a) ESTABLISHMENT.—There is established in the ex-
ecutive branch a National Education Standards and Im-
provement Council (referred to in this title as the
‘‘Council’’).
(b) COMPOSITION.—The Council shall be composed
of twenty members (referred in this part as ‘‘members’’)
who shall be appointed as follows:
(1) 8 members (2 from each of subparagraphs
(A) through (D) of subsection (c)(1)) shall be ap-
pointed by the President;
(2) 4 members (1 from each of subparagraphs
(A) through (D) of subsection (c)(1)) shall be ap-
pointed by the Speaker of the House of Representa-
tives, in consultation with the majority and minority
leaders of House;
(3) 4 members (1 from each of subparagraphs
(A) through (D) of subsection (c)(1)) shall be ap-
pointed by the majority leader of the Senate, in con-
sultation with the minority leader of the Senate; and
(4) 4 members (1 from each of subparagraphs
(A) through (D) of subsection (c)(1)) shall be ap-
pointed by the National Education Goals Panel.
(c) QUALIFICATIONS.—(1) The members of the
Council shall include—
(A) 5 professional educators, including elemen-
tary and secondary classroom teachers, preschool
educators and other school-based professionals, local
district or State administrators, related service per-
sonnel, and other educators;
(B) 5 representatives of business and industry,
organized labor, and postsecondary educational insti-
tutions, including at least 1 representative of post-
secondary educational institutions, at least 1 rep-
resentative of organized labor, and at least 1 rep-
resentative of business who is also a member of the
National Skill Standards Board;
(C) 5 representatives of the public, including
representatives of advocacy, civil rights and disabil-
ity groups, parents, civic leaders, and local and State
education policymakers (including State, local, or
tribal school boards); and
(D) 5 education experts, including experts in
measurement and assessment, curriculum, school fi-
nance and equity, and school reform.
(2) To the extent feasible, the membership of the
Council shall be geographically representative of the Unit-
ed States and reflect the diversity of the United States
with regard to race, ethnicity, gender, and disability char-
acteristics.
(3) One-third of the Council shall consist of individ-
uals with expertise in the educational needs of children
who are from low-income families, minority backgrounds,
have limited-English proficiency, or have disabilities.
(d) TERMS.—(1) Members shall be appointed for 3-
year terms, with no member serving more than 2 consecu-
tive terms.
(2) The Council shall establish by lot initial terms
for individuals of one, two, or three years in order to es-
tablish 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 20 mem-
bers have been appointed.
(g) RETENTION.—In order to retain an appointment
to the Council, a member must 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 regular 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) A member of the
Council may not concurrently serve as a member of the
Goals Panel.
(2) Section 208 of title 18 of the United States Code
shall apply to members of the Council except that, for the
purposes of making written determinations under sub-
section (b)(1), the Government official responsible for the
appointment of any member of the Council is deemed to
be the Director of the Office of Government Ethics.
(3) A member of the Council who resides in a State
which has developed standards and assessments may not
participate in Council consideration of such standards and
assessments.
(k) TRAVEL.—Each member of the Council may be
allowed travel expenses, including per diem in lieu of sub-
sistence, as authorized 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 se-
lect officers from among its members. The officers of the
Council shall serve for one-year terms.
SEC. 213. DUTIES.
(a) VOLUNTARY NATIONAL CONTENT STANDARDS.—
(1) The Council shall—
(A) identify areas in which voluntary national
content standards need to be developed;
(B) certify voluntary national content and stu-
dent performance standards using the criteria devel-
oped under paragraph (2)(A)(i), that define what all
students should know and be able to do;
(C) forward such voluntary national content
and 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 not
later than 60 days after receipt of such standards;
and
(D) develop a process for regularly reviewing
any national voluntary content, student perform-
ance, and opportunity-to-learn standards that have
been certified.
(2)(A) The Council shall—
(i) identify and develop criteria to be used for
certifying the voluntary national content and student
performance standards; and
(ii) before applying such criteria, forward them
to the Goals Panel for review, except that the Goals
Panel shall have the option of disapproving such cri-
teria by a two-thirds majority vote of the full mem-
bership not later than 60 days after receipt of such
criteria.
(B) The criteria developed by the Council shall ad-
dress—
(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 content
and student performance 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 content
and student performance standards have been devel-
oped through an open and public process that pro-
vides for input and involvement of all relevant par-
ties, including teachers, related services personnel,
and other professional educators, employers and
postsecondary education institutions, curriculum and
subject matter specialists, parents, advocacy groups,
and the public; and
(iv) other factors that the Council deems appro-
priate.
(C) In developing the criteria, the Council shall work
with entities that are developing, or have already devel-
oped, content and student performance standards, and
any other entities that the Council deems appropriate, to
identify appropriate certification criteria.
(b) VOLUNTARY STATE CONTENT STANDARDS.—The
Council may certify content and student performance
standards presented on a voluntary basis by States, using
the criteria developed under subsection (a)(2)(A)(i), if
such standards are of equal or higher quality to the vol-
untary national content and student performance stand-
ards certified by the Council.
(c) VOLUNTARY NATIONAL OPPORTUNITY-TO-LEARN
STANDARDS.—(1) The Council shall certify exemplary,
voluntary national opportunity-to-learn standards that will
establish a basis for providing all students a fair oppor-
tunity to achieve the knowledge and skills set out in the
voluntary national content standards certified by the
Council.
(2) The voluntary national opportunity-to-learn
standards certified by the Council shall address—
(A) the quality and availability of curricula, in-
structional materials, and technologies, including
distance learning, to all students;
(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 professional development, including the best
knowledge about teaching, learning, and school im-
provement;
(D) the extent to which curriculum, instruc-
tional practices, and assessments are aligned to con-
tent standards;
(E) the extent to which school facilities provide
a safe and secure environment for learning and in-
struction and have the requisite libraries, labora-
tories, and other resources necessary to provide an
opportunity to learn;
(F) the extent to which schools utilize policies,
curricula, and instructional practices which ensure
nondiscrimination on the basis of gender; and
(G) other factors that the Council deems appro-
priate to ensure the students receive a fair oppor-
tunity to achieve the knowledge and skills described
in the voluntary content and student performance
standards certified by the Council.
(3) In carrying out this subsection, the Council
shall—
(A) identify what countries with rigorous con-
tent standards do to—
(i) provide their children with opportunities
to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional devel-
opment opportunities for their teachers; and
(B) develop criteria to be used for certifying the
voluntary national and State opportunity-to-learn
standards and, before applying such criteria, for-
ward them to the Goals Panel for review, except that
the Goals Panel shall have the option of disapprov-
ing such standards by a two-thirds majority vote of
the full membership not later than 60 days after re-
ceipt of such criteria.
(4) The Council shall assist in the development of the
voluntary national opportunity-to-learn standards devel-
oped by the consortium under section 219 by—
(A) making recommendations to the Secretary
regarding priorities and selection criteria for the
award made under section 219; and
(B) coordinating with the consortium receiving
an award under section 219 to ensure that the op-
portunity-to-learn standards the consortium develops
are appropriate for the needs of all students, are of
high quality, and are consistent with the criteria de-
veloped by the Council for the certification of such
standards.
(5) The Council shall forward the voluntary national
opportunity-to-learn standards it 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 not later than 60
days after receipt of such standards.
(d) VOLUNTARY
STATE
OPPORTUNITY-TO-LEARN
STANDARDS.—The Council may certify opportunity-to-
learn standards submitted voluntarily by a State, using
the criteria developed under subsection (c)(3)(B), if such
standards are of equal or higher quality as compared to
the voluntary national opportunity-to-learn standards.
(e) GENERAL PROVISION REGARDING VOLUNTARY
NATIONAL STANDARDS.—The Council may certify vol-
untary national content, student performance, and oppor-
tunity-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) ASSESSMENTS.—(1)(A) The Council may certify
an assessment system that is submitted voluntarily by a
State, using the criteria developed under paragraph
(2)(A), if such system is aligned with the State’s content
standards certified by the Council.
(B) Assessment systems 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 im-
proving 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 student performance standards;
(iv) measuring and motivating individual stu-
dents, schools, districts, States, and the Nation to
improve educational performance; and
(v) assisting education policymakers in making
decisions about education programs.
(C) The Council shall certify an assessment system
only if—
(i) the State has established or adopted oppor-
tunity-to-learn standards;
(ii) such system will not be used to make deci-
sions regarding graduation, grade promotion, or re-
tention of students for a period of five years from
the date of enactment of this Act; and
(iii) the State has submitted—
(I) a description of the purposes for which
the assessment system has been designed;
(II) the methodologies and process used to
develop, select, validate, and use such assess-
ment systems;
(III) a copy of the test instrument and, as
appropriate, other measures that will make up
the system; and
(IV) evidence that the test or tests which
are part of the assessment system are valid, re-
liable 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 con-
tent standards, and are consistent with relevant
nationally recognized professional and technical
standards.
(D) The Council shall, at the request of a State prior
to developing an assessment system for a proposed use,
review and provide guidance to such State on a proposed
package of measures, including tests that would be in-
cluded in such a system.
(2)(A) The Council shall develop and, no sooner than
three years or later than four years after the enactment
of this Act, begin utilizing criteria for the certification of
assessment systems for the purposes indicated in para-
graph (1)(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 mem-
bership not later than 60 days after receipt of such cri-
teria.
(B) The certification criteria developed by the Coun-
cil shall address the extent to which the assessment sys-
tem—
(i) is aligned with State content standards cer-
tified by the Council; and
(ii) is to be used for a purpose for which it is
valid, reliable, free of discrimination, and is consist-
ent with relevant, nationally recognized professional
and technical standards for assessment.
(C) In determining appropriate certification criteria,
the Council shall—
(i) consider standards and criteria being devel-
oped by other national organizations, research on as-
sessment, and emerging new State and local assess-
ments;
(ii) recommend needed research;
(iii) encourage the development and field testing
of assessment systems; and
(iv) provide a public forum for discussing, de-
bating, and building consensus for the criteria to be
used for the certification of assessment systems.
(D) Prior to determining the certification criteria, the
Council shall seek public comment regarding the proposed
criteria.
(E) The Council shall certify an assessment system
only if such system includes all students.
(g) PERFORMANCE OF DUTIES.—In carrying out its
responsibilities 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 assessments;
(2) work with Federal and non-Federal agencies
and organizations which are conducting research,
studies, or demonstration projects to determine
internationally competitive standards and assess-
ments, and may establish subject matter and other
panels to advise it on particular content, student
performance, and opportunity-to-learn standards and
on assessments;
(3) shall establish cooperative arrangements
with the National Skill Standards Board to promote
the coordination of the development of content and
student performance standards under this title with
the development of skill standards under title IV of
this Act;
(4) recommend studies to the Secretary that
are necessary to carry out the Council’s responsibil-
ities;
(5) inform the public about what constitutes
high quality, internationally competitive, content,
student 
performance, 
and 
opportunity-to-learn
standards, and assessment systems;
(6) on a regular basis, review and update cri-
teria for certifying content, student performance,
and opportunity-to-learn standards, and assessment
systems; and
(7) periodically recertify, as appropriate, the
voluntary national content and student performance
standards, and the voluntary national opportunity-
to-learn standards and the assessments that it cer-
tifies under this section.
(h) 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 Fed-
eral education program under this or any other Act.
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 Presi-
dent, the Secretary, the appropriate committees of Con-
gress, the Governor of each State, and the Goals Panel
regarding its work.
SEC. 215. POWERS OF THE COUNCIL.
(a) HEARINGS.—(1) The Council shall, for the pur-
pose of carrying out its responsibilities, conduct such hear-
ings, sit and act at such times and places, take such testi-
mony, and receive such evidence, as the Council considers
appropriate.
(2) In carrying out this part, the Council shall con-
duct public hearings in different geographic areas of the
United States, both urban and rural, to receive the re-
ports, views, and analyses of a broad spectrum of experts
and the public on the establishment of voluntary national
content, student performance, and opportunity-to-learn
standards, and assessment systems.
(b) INFORMATION.—The Council may secure directly
from any department or agency of the United States infor-
mation necessary to enable the Council to carry out this
part. Upon request of the Chairperson of the Council, the
head of a department or agency shall furnish such infor-
mation 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, with
their consent, use the research, equipment, services, and
facilities of any agency or instrumentality of the United
States, or of any State or political subdivision thereof.
(e) ADMINISTRATIVE
ARRANGEMENTS
AND
SUP-
PORT.—(1) The Secretary shall provide to the Council, on
a reimbursable basis, such administrative support services
as the Council may request.
(2) The Secretary shall, to the extent appropriate,
and on a reimbursable basis, make contracts and other
arrangements that are requested by the Council to help
it compile and analyze data or carry out other functions
necessary to the performance of its responsibilities.
SEC. 216. PUBLICATION FOR PUBLIC COMMENT.
(a) TRANSMITTAL.—For the purpose of obtaining
public comment through publication in the Federal Reg-
ister, the Council shall transmit to the Secretary—
(1) proposed criteria for certifying national and
State content and performance standards;
(2) proposed criteria for certifying national and
State opportunity-to-learn standards;
(3) proposed criteria for certifying State assess-
ment systems; and
(4) proposed national content, performance, and
opportunity-to-learn standards.
(b) PUBLICATION.—The Secretary shall publish such
proposed procedures, standards, and criteria in the Fed-
eral 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 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 pow-
ers of a member by proxy.
(d) PUBLIC ACCESS.—The Council shall ensure pub-
lic access to its proceedings (other than proceedings, or
portions of proceedings, relating to internal personnel and
management matters) and make available to the public,
at reasonable cost, transcripts of such proceedings.
SEC. 218. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.
(a) DIRECTOR.—The Chairperson of the Council
shall, without regard to the provisions of title 5, United
States Code, relating to the appointment and compensa-
tion 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)(A) The Director may appoint not more than four addi-
tional 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 chap-
ter 51 and subchapter III of chapter 53 of that title relat-
ing 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) 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
3019(b) of title 5, United States Code.
(d) STAFF OF FEDERAL AGENCIES.—Upon the re-
quest of the Council, the head of any department or agen-
cy 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
GRANT.—(1) The Secretary is authorized to make a grant,
on a competitive basis, to a consortium of individuals and
organizations to develop voluntary national opportunity-
to-learn standards consistent with the provisions of section
213(c).
(2) To the extent possible, such consortium shall in-
clude 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
development of content standards);
(D) parents and individuals with experience in
promoting parental involvement in education;
(E) representatives of business;
(F) experts in vocational-technical education;
(G) representatives of regional accrediting asso-
ciations;
(H) individuals with expertise in school finance
and equity, the education of at-risk students, and
the preparation and training of teachers and school
administrators;
(I) curriculum and school reform experts;
(J) student and civil rights advocacy groups;
(K) representatives of higher education; and
(L) secondary school students.
(3) In developing voluntary national opportunity-to-
learn standards, such consortium shall—
(A) draw upon current research about student
achievement and the necessary conditions for effec-
tive teaching and learning; and
(B) provide for the development of several con-
secutive drafts of standards which incorporate the
comments and recommendations of educators and
other knowledgeable individuals across the Nation.
(4) One-third of the consortium shall consist of indi-
viduals with expertise in the educational needs and assess-
ment of children who are from low-income families, minor-
ity backgrounds, have limited-English proficiency, or have
disabilities.
(5) The membership of the consortium shall be geo-
graphically representative and reflect the racial, ethnic,
and gender diversity of the United States.
(b) APPLICATIONS.—(1) Any 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
Secretary may require.
(2) In awarding such grant, the Secretary shall give
priority to applications from consortia which involve indi-
viduals and organizations with the greatest diversity of
perspectives and points of view.
(3) In establishing additional priorities and selection
criteria for such grant, the Secretary shall give serious
consideration to the recommendations made by the Coun-
cil pursuant to section 213(c)(4)(A).
(c) REPORT.—After the development of the voluntary
national opportunity-to-learn standards, the consortium
funded under this section shall submit a report to the Sec-
retary which discusses the background, important issues,
and rationale regarding such standards.
SEC. 220. ASSESSMENT DEVELOPMENT AND EVALUATION
GRANTS.
(a) GENERAL.—(1) The Secretary is authorized to
make grants to States and local educational agencies or
consortia of such agencies to help defray the cost of devel-
oping, field testing, and evaluating assessment systems, 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) The Secretary shall reserve a portion of the funds
authorized under section 231(d) for grants to State edu-
cational agencies and local educational agencies for pur-
poses of developing such assessments in languages other
than English.
(b) APPLICATIONS.—A State, local educational agen-
cy, or consortium of such agencies that desires to receive
a grant under subsection (a)(1) shall submit an applica-
tion to the Secretary at such time, in such manner, and
containing such information and assurances as the Sec-
retary may require.
(c) REQUIREMENTS.—(1) A recipient of a grant
under this section shall—
(A) examine the validity and reliability of an as-
sessment system for the particular purposes for
which such assessment system was developed;
(B) ensure that an assessment system is con-
sistent with relevant, nationally recognized profes-
sional and technical standards for assessments; and
(C) devote special attention to how an assess-
ment system, treats all students, especially with re-
gard to the race, gender, ethnicity, disability, and
language proficiency.
(2) An assessment system developed and evaluated
with funds under this section may not be used for deci-
sions about individual students relating to program place-
ment, promotion, or retention, graduation, or employment
for a period of five years from the date of enactment of
this Act.
SEC. 221. EVALUATION.
(a) GRANT.—From funds reserved under section
304(a)(2), the Secretary annually shall make a grant, in
an amount not to exceed $500,000, to the Commission on
Behavioral and Social Sciences and Education of the Na-
tional Academy of Sciences or to the National Academy
of Education to—
(1) evaluate—
(A) the technical quality of the work per-
formed by the Goals Panel and the Council;
(B) the process the Council uses to develop
criteria for certification of standards and as-
sessments;
(C) the process the Council uses to certify
voluntary national standards as well as stand-
ards and assessments voluntarily submitted by
States; and
(D) the process the Goals Panel uses to
approve certification criteria and voluntary na-
tional standards;
(2) periodically provide to the Goals Panel and
the Council, as appropriate, information from the
evaluation under paragraph (1); and
(3) report on the activities authorized under
sections 219 and 220.
(b) REPORT.—The grant recipient shall periodically
report to the Congress, the Secretary, and the public re-
garding findings and shall make a final report not later
than January 1, 1998.
PART C—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 four succeeding fiscal years to carry out part A of
this title.
(b) NATIONAL EDUCATION STANDARDS
AND IM-
PROVEMENT COUNCIL.—There are authorized to be ap-
propriated $3,000,000 for fiscal year 1994 and such sums
as may be necessary for each of the fiscal years 1995
through 1998 to carry out part B of this title.
(c) 
OPPORTUNITY-TO-LEARN
DEVELOPMENT
GRANT.—There are authorized to be appropriated
$3,000,000 for fiscal year 1994 and such sums as may
be necessary for fiscal year 1995 to carry out the Oppor-
tunity-to-Learn Development Grant Program established
under section 219 of this title.
(d) ASSESSMENT DEVELOPMENT AND EVALUATION
GRANTS.—There are authorized to be appropriated
$5,000,000 for fiscal year 1994 and such sums as may
be necessary for each of the fiscal years 1995 through
1998 to carry out the Assessment Development and Eval-
uation Grants Program established under section 220 of
this title.
TITLE III—STATE AND LOCAL
EDUCATION 
SYSTEMIC 
IM-
PROVEMENT
SEC. 301. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) all students can learn and achieve high
standards and must realize their potential if the
United States is to prosper;
(2) the reforms in education of the last 15
years have achieved some good results, but these ef-
forts often have been limited to a few schools or to
a single part of the educational system;
(3) leadership must come both from teachers,
related services personnel, principals, and parents in
individual schools and from policymakers at the
local, State, tribal, and national levels, in order for
lasting improvements in student performance to
occur;
(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 commu-
nities and States to support the revitalization of all
local public schools by fundamentally changing the
entire system of public education through com-
prehensive, coherent, and coordinated improvement
in order to increase student learning;
(6) parents, teachers, and other local educators,
and business, community, and tribal leaders must be
involved in developing systemwide improvement
strategies that reflect the needs of their individual
communities;
(7) State and local education improvement ef-
forts must incorporate strategies for providing all
students and families with coordinated access to ap-
propriate social services, health care, nutrition, and
child care to remove preventable barriers to learning
and enhance school readiness for all students;
(8) States and local educational agencies, work-
ing together, must immediately set about developing
and implementing such systemwide improvement
strategies if the Nation is to educate all children to
meet their full potential and achieve the National
Education Goals listed in title I of this Act;
(9) State and local systemic improvement strat-
egies must provide all students with effective mecha-
nisms and appropriate paths to the workforce as well
as to higher education;
(10) business should be encouraged to enter
into partnerships with schools, provide information
and guidance to schools on the needs of area busi-
ness for properly educated graduates in general and
on the need for particular workplace skills, that the
schools may provide necessary material and support,
and continue the lifelong learning process through-
out the employment years of an individual, and
schools should provide information to business re-
garding how the business community can assist
schools in meeting the goals of this Act;
(11) institutions of higher education should be
encouraged to enter into partnerships with schools
to provide information and guidance to schools on
the skills and knowledge graduates need in order to
enter and successfully complete postsecondary edu-
cation, and schools should provide information and
guidance to institutions of higher education on the
skills, knowledge, and preservice training teachers
need, and the types of professional development edu-
cators need in order to meet the goals of this Act;
(12) the appropriate and innovative use of tech-
nology, including distance learning, can be very ef-
fective in helping to bring all students the oppor-
tunity to learn and meet high standards; and
(13) Federal funds should be targeted to sup-
port local and State initiatives, and to leverage State
and local resources for designing and implementing
system-wide improvement plans.
SEC. 302. PURPOSE.
The purpose of this title is to improve the quality of
education for all students by improving student learning
through a long-term, broad-based effort to promote coher-
ent and coordinated improvements in the system of edu-
cation throughout the Nation at the local and State levels.
This title provides new authorities and funding for the Na-
tion’s school systems without replacing or reducing fund-
ing for existing Federal education programs. It is the in-
tention of the Congress that no State or local educational
agency will reduce its funding for education or for edu-
cation reform on account of receiving any funds under this
title.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there are
authorized to be appropriated $393,000,000 for the fiscal
year 1994, and such sums as may be necessary for each
of the fiscal years 1995 through 1998.
SEC. 304. ALLOTMENT OF FUNDS.
(a) RESERVATIONS OF FUNDS.—From funds appro-
priated under section 303, the Secretary—
(1) shall reserve a total of one percent to pro-
vide assistance, in amounts determined by the Sec-
retary—
(A) to the outlying areas; and
(B) to the Secretary of the Interior to ben-
efit Indian students in schools operated or
funded by the Bureau of Indian Affairs (re-
ferred to in this Act as the ‘‘Bureau’’); and
(2) may reserve a total of up to 6 percent for—
(A) national leadership activities under
section 313;
(B) the costs of peer review of State im-
provement plans and applications under this
title; and
(C) evaluation activities under section 221.
(b) STATE ALLOTMENTS.—The Secretary shall allot
the remaining amount appropriated under section 303 for
each fiscal year to the States (which for the purposes of
this subsection does not include the outlying areas) as fol-
lows:
(1) 50 percent of such remaining amount shall
be allocated in accordance with the relative amounts
such State received under chapter 1 of title I of the
Elementary and Secondary Education Act of 1965
for the preceding fiscal year.
(2) 50 percent of such remaining amount shall
be allocated in accordance with the relative amounts
each such State received under part A of chapter 2
of title I of the Elementary and Secondary Edu-
cation Act of 1965 for the preceding fiscal year.
(c) REALLOTMENTS.—If the Secretary determines
that any amount of a State’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 States that need additional funds, in such manner
as the Secretary determines is appropriate.
SEC. 305. STATE APPLICATIONS.
(a) GENERAL.—(1) If a State desires to receive a
grant under this title, the State educational agency shall
submit an application to the Secretary at such time and
in such manner as the Secretary may determine.
(2) In addition to the information described in sub-
sections (b) and (c), each such application shall include—
(A) an assurance that the State educational
agency will cooperate with the Secretary in carrying
out the Secretary’s responsibilities under section
312, and will comply with reasonable requests 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 ade-
quate authority to carry out each component of the
State’s improvement plan developed, or to be devel-
oped under section 306, or that such authority will
be sought;
(C) an assurance that the standards developed
for student achievement are not less rigorous than
student achievement standards used prior to the
date of enactment of this Act;
(D) an assurance that the State will provide for
broad public participation in the planning process;
and
(E) such other assurances and information as
the Secretary may require.
(b) FIRST YEAR.—A State’s application for the first
year of assistance under this title shall—
(1) describe the process by which the State 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 the State educational agency will
make subgrants to local educational agencies and for
teacher training.
(c) SUBSEQUENT YEARS.—A State’s second applica-
tion under this title shall—
(1) cover the second through fifth years of its
participation;
(2) include a copy of the State’s improvement
plan that meets the requirements of section 306 or,
if the State plan is not complete, a statement of the
steps it will take to complete the plan and a schedule
for doing so; and
(3) include an explanation of how the State will
use funds received under this title, including how it
will make subgrants to local educational agencies
and for teacher training under section 309(b)(1).
SEC. 306. STATE IMPROVEMENT PLANS.
(a) BASIC SCOPE OF PLAN.—Any State educational
agency that wishes to receive a grant under this title after
its first year of participation shall develop and implement
a plan for the fundamental restructuring and improvement
of elementary and secondary education in the State. This
plan must address—
(1) in accordance with subsection (c), the estab-
lishment or adoption of challenging content and stu-
dent performance standards for all students and the
use of curricula, instructional practices, assessments,
technology, parental involvement programs, and pro-
fessional preparation and development approaches
appropriate to help all students reach such stand-
ards;
(2) in accordance with subsection (d), the es-
tablishment or adoption of opportunity-to-learn
standards that will define the conditions of teaching
and learning that provide all students the oppor-
tunity to meet the challenging content and student
performance standards;
(3) in accordance with subsection (e), needed
changes in the governance and management of the
education system in order to effectively focus schools
on, and assist them in, preparing all students to
meet the challenging State standards;
(4) in accordance with subsection (f), com-
prehensive strategies to involve communities, includ-
ing parents, businesses, libraries, institutions of
higher education, employment and training agencies,
health and human service agencies, advocacy groups,
cultural institutions, and other public and private
agencies that provide social services, health care,
child care, early childhood education, and nutrition
to students, in helping all students meet the chal-
lenging State standards;
(5) in accordance with subsection (g), strategies
for ensuring that all local educational agencies and
schools within the State are involved in developing
and implementing needed improvements within a
specified period of time;
(6) in accordance with subsection (h), strategies
for ensuring that comprehensive, systemic reform is
promoted from the bottom up in communities, local
educational agencies, and schools; and
(7) the needs of the children, ages 5 through
18, who are out of school and the extent to which
such children can be brought back into the education
system and meet the standards set forth in this Act.
(b) PLAN DEVELOPMENT.—(1) A State improvement
plan under this title must be developed by a broad-based
panel (referred to in this title as the ‘‘panel’’) in coopera-
tion with the State educational agency and the Governor.
The panel shall include—
(A) the Governor and the chief State school of-
ficer, or their designees;
(B) the chairman of the State board of edu-
cation and the chairmen of the appropriate authoriz-
ing committees of the State legislature, or their des-
ignees;
(C) teachers, principals, and administrators
who have successfully improved student performance
and deans of colleges of education;
(D) representatives of teacher organizations,
parents, institutions of higher education, business
and labor leaders, community-based organizations,
Indian tribes, local boards of education, State and
local officials responsible for health, social services,
and other related services, and others, as appro-
priate;
(E) representatives from rural and urban local
educational agencies in the State; and
(F) experts in educational measurement and as-
sessment.
(2) The Governor and the chief State school officer
shall each appoint half the members of the State panel.
The full panel shall establish the procedures regarding the
operation of the panel, including the designation of the
panel chairperson.
(3) To the extent feasible, 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 disability character-
istics.
(4) One-third of the panel members shall be individ-
uals with expertise in the educational needs and assess-
ments of children who are from low-income families, mi-
nority group backgrounds, have limited-English pro-
ficiency, or have disabilities.
(5) The panel shall consult the Governor, the chief
State school officer, the State board of education, and rel-
evant committees of the State legislature in developing the
plan.
(6) The panel shall be responsible for conducting a
statewide, grassroots outreach process, including conduct-
ing public hearings, to involve educators, related services
personnel, parents, secondary school students, local offi-
cials, private nonprofit elementary and secondary schools,
community and business leaders, Indian tribes, citizens,
children’s advocates, and others with a stake in the suc-
cess of students and their education system, and who are
representative of the diversity of the State and its student
population, in the development of the State plan and in
a continuing dialog regarding the need for and nature of
challenging standards for all students and local and State
responsibilities for helping all students achieve them.
(7) The panel shall develop a continuing process for
interacting with local educational agencies and individual
schools engaged in systemic reform, especially including
local educational agencies and schools which receive
subgrants under section 309 of this Act, to ensure that
the development and implementation of the State plan re-
flects their needs and experiences.
(8) The panel shall develop a State plan, provide op-
portunity for public comment, and submit the State plan
to the State educational agency for approval.
(9) The State educational agency shall submit the
original State improvement plan developed by the panel
and the State improvement plan if modified by such agen-
cy, together with an explanation of any changes made by
such agency to the plan developed by the panel, to the
Secretary for approval.
(10) If any portion of the State plan addresses mat-
ters 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 from the
Governor or other official responsible for that portion be-
fore submitting the plan to the Secretary.
(11) After approval of the State plan by the Sec-
retary, the panel, in close consultation with teachers, prin-
cipals, administrators, school boards, advocacy groups, ad-
vocates of children with disabilities and parents in local
educational agencies and schools receiving funds under
this title, shall monitor the implementation and effective-
ness of the State plan to determine if revisions are appro-
priate, and shall periodically report its findings to the pub-
lic.
(c) TEACHING, LEARNING, STANDARDS, AND AS-
SESSMENTS.—Each State plan shall establish strategies
and a timetable for improving teaching and learning, in-
cluding—
(1) a process for developing or adopting chal-
lenging content and student performance standards
for all students which includes coordinating the
standards developed pursuant to section 115 of the
Carl D. Perkins Vocational and Applied Technology
Education Act of 1990;
(2) a process for providing assistance and sup-
port to local educational agencies and schools to give
them the capacity and responsibility to provide all
students the opportunity to increase education
achievement and meet challenging State content and
student performance standards;
(3) assessing the effectiveness and equity of the
school finance program of the State to identify dis-
parities in the resources available to each local edu-
cational agency and school in such State and how
such disparities affect the ability of the State edu-
cational agency and local educational agencies to de-
velop and implement plans under this title;
(4) a process for developing, adopting, or rec-
ommending instructional materials, including gender
equitable and multicultural materials, and tech-
nology to support and assist local educational agen-
cies and schools to provide all students the oppor-
tunity to meet the challenging State content and
student performance standards;
(5) a process for developing and implementing
a valid and nondiscriminatory assessment system or
set of locally-based assessment systems which are
consistent with relevant, nationally recognized, pro-
fessional and technical standards for assessment,
and are capable of providing coherent information
about student attainments relative to the State con-
tent standards;
(6) a process for monitoring the implementation
of such system or systems and the impact on im-
proved instruction for all students;
(7) a process for improving the State’s system
of teacher and school administrator preparation, li-
censure, and continuing professional development so
that all teachers, related services personnel, and ad-
ministrators develop the subject matter and peda-
gogical expertise needed to prepare all students to
meet the challenging standards under paragraph (1);
(8) a process for providing appropriate and ef-
fective professional development, including the use of
technology, distance learning, and gender-equitable
methods, necessary for teachers, school administra-
tors, and others to help all students meet the chal-
lenging standards under paragraph (1); and
(9) a process to ensure widespread participation
of classroom teachers in developing the portions of
the plan described in this subsection.
(d) OPPORTUNITY-TO-LEARN
STANDARDS.—Each
State plan shall establish a strategy and timetable for—
(1) adopting or establishing opportunity-to-
learn standards that are consistent with the chal-
lenging content and student performance standards
that have been adopted or established;
(2) ensuring that every school in the State is
making demonstrable progress toward meeting the
State’s opportunity-to-learn standards;
(3) ensuring that the State’s opportunity-to-
learn standards address the need of all students;
(4) providing for periodic assessments of the ex-
tent to which opportunity-to-learn standards are
being met throughout the State; and
(5) periodically reporting to the public on the
extent of the State’s improvement in achieving such
standards and providing all students with a fair op-
portunity to achieve the knowledge and skill levels
that meet the State’s content and student perform-
ance standards.
(e) GOVERNANCE AND MANAGEMENT.—Each State
plan shall establish strategies for improved governance
and management of its education system, such as—
(1) aligning responsibility, authority, and ac-
countability throughout the education system, so
that decisions regarding content and student per-
formance standards are coordinated and decisions
regarding the means for achieving such standards
are made closest to the learners;
(2) creating an integrated and coherent ap-
proach to attracting, recruiting, preparing and li-
censing, appraising, rewarding, retaining, and sup-
porting the continued professional development of
teachers (including vocational teachers), administra-
tors, and other educators, including bilingual edu-
cators and special education providers, so that there
is a highly talented workforce of professional edu-
cators capable of preparing all students to reach
challenging standards, with special attention to the
recruitment, training, and retention of qualified mi-
norities into the education profession within the
State to ensure that the profession reflects the racial
and ethnic diversity of the student population;
(3) providing incentives for high performance,
such as—
(A) working with employers and institu-
tions of higher education to devise strategies to
reward student achievement;
(B) incentives for classroom teachers, prin-
cipals, and other professional educators to par-
ticipate in professional development activities;
and
(C) school-based incentives for schools and
local educational agencies to improve student
performance;
(4) increasing the proportion of State and local
funds allocated to direct instructional purposes; and
(5) increasing flexibility for local educational
agencies and schools by, for example—
(A) waiving State regulations and other re-
quirements that impede educational improve-
ment;
(B) focusing accountability on educational
outcomes rather than monitoring compliance
with input requirements; and
(C) fostering conditions that allow teach-
ers, principals, and parents in the school com-
munity to be creative in helping all students
meet challenging standards.
(f) PARENTAL AND COMMUNITY SUPPORT AND IN-
VOLVEMENT.—Each State plan shall describe strategies
for how the State will involve parents and other commu-
nity members in planning, designing, and implementing
its plan, including such strategies as—
(1) educating the public about the need for
higher standards, systemic improvement, and aware-
ness of diverse learning needs;
(2) involving parents, communities, and advo-
cacy groups in the standard-setting and improve-
ment process;
(3) linking the family and school in supporting
students to meet the challenging student content
and performance standards established;
(4) reporting, on an ongoing basis, to parents,
educators, and the public on the progress in imple-
menting the plan and improving student perform-
ance;
(5) focusing public and private community re-
sources and public school resources on prevention
and early intervention to address the needs of all
students by—
(A) identifying and removing unnecessary
regulations and obstacles to coordination;
(B) improving communication and infor-
mation exchange; and
(C) providing appropriate training to agen-
cy personnel; and
(6) increasing the access of all students to so-
cial services, health care, nutrition, related services,
and child care services, and locating such services in
schools, cooperating service agencies, community-
based centers, or other convenient sites designed to
provide ‘‘one-stop shopping’’ for parents and stu-
dents.
(g) MAKING THE IMPROVEMENTS SYSTEMWIDE.—To
help provide all students throughout the State the oppor-
tunity to meet challenging State standards, each State
plan shall describe strategies such as—
(1) ensuring that the improvement efforts ex-
pand from the initial local educational agencies,
schools, and educators involved to all local edu-
cational agencies, schools, and educators in the
State education system through such approaches as
teacher and administrator professional development,
technical assistance, whole school projects, intensive
summer training, and networking of teachers and
other educators, consortia of schools, and local edu-
cational agencies undertaking similar improvements;
(2) developing partnerships among preschools,
elementary and secondary schools, institutions of
higher education, cultural institutions, health and
social service providers, and employers to improve
teaching and learning at all levels of the education
system for all students and to foster collaboration
and continuous improvement;
(3) strategies to provide for the close coordina-
tion of standards development and improvement ef-
forts among institutions of higher education and sec-
ondary, and elementary schools;
(4) conducting parental involvement activities
and outreach programs aimed at parents whose lan-
guage is a language other than English, individuals
with disabilities, and other special populations, in-
cluding American Indians, Alaskan Natives, and Na-
tive Hawaiians, to involve all segments of the com-
munity in the development of the State plan;
(5) developing partnerships with Indian tribes
and schools funded by the Bureau, where appro-
priate, to improve consistency and compatibility in
curriculum among public and such schools funded by
the Bureau at all grade levels;
(6) allocating all available local, State, and Fed-
eral resources to achieve system-wide improvement;
(7) providing for the development of objective
criteria and measures against which the success of
local plans will be evaluated;
(8) providing for the availability of curricular
materials, learning technologies, including distance
learning, and professional development in a manner
ensuring equal access by all local educational agen-
cies in the State;
(9) taking steps to ensure that all local edu-
cational agencies, schools, and educators in the
State benefit from successful programs and practices
supported by funds made available to local edu-
cational agencies and schools under this title; and
(10) providing assistance to students, teachers,
schools, and local educational agencies that are iden-
tified through the assessment system developed
under subsection (c)(5) as needing such assistance.
(h) PROMOTING BOTTOM-UP REFORM.—Each State
plan shall include strategies for ensuring that comprehen-
sive, systemic reform is promoted from the bottom up in
communities, local educational agencies, and schools, as
well as guided by coordination and facilitation from State
leaders, including strategies such as—
(1) ensuring that the State plan is responsive to
the needs and experiences of local educational agen-
cies, schools, teachers, the community, and parents;
(2) establishing mechanisms for continuous
input from local schools, communities, advocacy
groups, institutions of higher education, and local
educational agencies into, and feedback on, the im-
plementation of the State plan;
(3) providing discretionary resources that en-
able teachers and schools to purchase needed profes-
sional development and other forms of assistance
consistent with their improvement plan from high-
quality providers of their choice;
(4) establishing collaborative networks of teach-
ers centered on content standards and assessments
for the purpose of improving teaching and learning;
(5) providing flexibility to individual schools
and local educational agencies to enable them to
adapt and integrate State content standards into
courses of study appropriate for individual schools
and communities;
(6) facilitating the provision of waivers from
State rules and regulations that impede the ability
of local educational agencies or schools to carry out
local education improvement plans; and
(7) facilitating communication among educators
within and between local educational agencies for the
purpose of sharing innovative and effective practices,
including, through the use of telecommunications,
distance learning, site visits, and other means.
(i) COORDINATION
WITH SCHOOL-TO-WORK PRO-
GRAMS.—If a State has received Federal assistance for the
purpose of planing for, expanding, or establishing a
school-to-work program, then a State shall include in the
State plan a description of how such school-to-work pro-
gram will be incorporated into the school reform efforts
of the State. In particular, the State plan shall include
a description of how secondary schools will be modified
in order to provide career guidance, the integration of aca-
demic and vocational education, and work-based learning,
if such programs are proposed in the State’s school-to-
work plan.
(j) BENCHMARKS AND TIMELINES.—Each State plan
shall include specific benchmarks of improved student per-
formance and of progress in implementing the improve-
ment plan, and timelines against which the progress of
the State in carrying out its plan, including the elements
described in subsections (c) through (h), can be measured.
(k) COORDINATING STRATEGIES.—Each State plan
shall include strategies for coordinating the integration of
academic and vocational instruction pursuant to the Carl
D. Perkins Vocational and Applied Technology Education
Act.
(l) PROGRAM IMPROVEMENT
AND ACCOUNTABIL-
ITY.—Each State shall describe—
(1) how the State will monitor progress towards
implementing the State and local plans; and
(2) procedures the State will use to ensure
schools and school districts meet State opportunity-
to-learn and content standards within the estab-
lished time lines.
(m) PEER REVIEW AND SECRETARIAL APPROVAL.—
(1) The Secretary shall review each State improvement
plan prepared under this section, and each application
submitted under section 305, with the assistance and ad-
vice of State and local education policymakers, educators,
classroom teachers, related services personnel, experts on
educational innovation and improvement, parents, advo-
cates for children with disabilities, representatives of other
advocacy groups, and other appropriate individuals. The
peer review process shall be performed by individuals rep-
resentative of the diversity of the United States with re-
gard to geography, race, ethnicity, gender, and disability.
The review of each State plan shall include at least one
site visit to each State.
(2) The Secretary shall approve a State’s plan when
the Secretary determines, after considering the peer re-
viewers’ comment, that it—
(A) reflects a widespread commitment within
the State;
(B) holds reasonable promise of enabling all
students to achieve at the high levels called for by
this Act;
(C) meets the requirements of subsections (a)
through (k); and
(D) allows local schools, local educational agen-
cies and communities the flexibility to implement
local improvement plans in a manner which reflects
local needs and requirements in order to promote a
‘bottom up’ system of school reform.
(3) The Secretary shall not decline to approve a
State’s plan, or any State application submitted under sec-
tion 305, before offering the State—
(A) an opportunity to revise its plan or applica-
tion; and
(B) a hearing.
(n) REGULAR REVIEW.—Each State plan shall in-
clude a process for regularly reviewing and updating any
State content, student performance, and opportunity-to-
learn standards and assessment systems.
(o) AMENDMENTS TO PLAN.—(1) Each State shall
periodically review its plan and revise it, as appropriate,
in accordance with the process described in subsection (b).
(2) The Secretary shall review major amendments to
a State’s plan through the same process, described in sub-
section (j), used to review the original plan.
(p) PREEXISTING STATE PLANS AND PANELS.—(1)
If a State has developed a comprehensive and systemic
improvement plan to help all students meet challenging
standards, or any component of such a plan, that other-
wise meets the requirements of this section, the Secretary
may approve such plan or component notwithstanding that
it was not developed in accordance with subsection (b),
if the Secretary determines that such approval would fur-
ther the purposes of State systemic education improve-
ment.
(2) If, before the enactment of this Act, a State has
made substantial progress in developing a plan that other-
wise meets, or is likely to meet, the requirements of this
section, but was developed by a panel that does not meet
the requirements of paragraphs (1), (2), and (3) of sub-
section (b), the Secretary may, at the request of the Gov-
ernor and the State educational agency, treat such panel
as meeting the requirements of this title if the Secretary
determines that there has been statewide involvement of
educators, parents, students, advocacy groups, other inter-
ested members of the public in the development of the
plan.
SEC. 307. SECRETARY’S REVIEW OF APPLICATIONS; PAY-
MENTS.
(a) FIRST YEAR.—The Secretary shall approve the
initial year application of a State educational agency
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 re-
newal application of the State will be able to develop
and implement an education improvement plan that
complies with section 306.
(b) SECOND THROUGH FIFTH YEARS.—The Sec-
retary shall approve a renewal application of a State edu-
cational agency under section 305(c) for the second
through fifth years only if—
(1)(A) the Secretary has approved the State’s
improvement plan under section 306(l); or
(B) the Secretary determines that the State has
made substantial progress in developing such plan;
and
(2) such application meets the other require-
ments of this title.
(c) PAYMENTS.—For any fiscal year for which a
State has an approved application under this title, the Sec-
retary shall make a grant 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 a grant under this title, the
State—
(1) shall use at least 75 percent of such funds
to make subgrants, in accordance with section
309(a), to local educational agencies for the develop-
ment or implementation of local improvement plans
and to make subgrants, in accordance with section
309(b), to improve educator preservice programs
and for professional development activities consistent
with the State plan, if the amount allocated to
States under section 304(b) for such year is at least
$50,000,000. The State may use such funds for
such subgrants if such amount is less than
$50,000,000; and
(2) shall use the remainder of such funds to de-
velop, revise, expand, or implement an education im-
provement plan described in section 306.
(b) SUCCEEDING YEARS.—A State that receives as-
sistance under this title for any year after the first year
of participation shall—
(1) use at least 90 percent of such assistance
in each succeeding year to make subgrants—
(A) to local educational agencies, in ac-
cordance with section 309(a), for the implemen-
tation 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 development activities that are con-
sistent with the State improvement plan; and
(2) use the remainder of such assistance for
State activities designed to implement its improve-
ment plan, such as—
(A) supporting the development or adop-
tion of State content and student performance
standards, State opportunity-to-learn standards,
and assessments linked to the standards, in-
cluding through consortia of States, and in con-
junction with the National Education Standards
and Improvement Council established under
part B of title II of this Act;
(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 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, se-
lecting, mentoring, supporting, evaluating, and
rewarding educators;
(D) providing special attention to the
needs of minority, limited-English proficient,
disabled, and female students, including in-
structional programs and activities that encour-
age such students in elementary and secondary
schools to aspire to enter post secondary edu-
cation or training;
(E) supporting the development, at the
State or local level, of performance-based ac-
countability and incentive systems for schools;
(F) outreach related to education improve-
ment to parents, Indian tribal officials, class-
room teachers, related services personnel, and
other educators, and the public;
(G) providing technical assistance and
other services to increase the capacity of local
educational agencies and schools to develop and
implement local systemic improvement plans,
implement new assessments, and develop curric-
ula consistent with the content and student per-
formance standards of the State;
(H) promoting public magnet schools, pub-
lic ‘‘charter schools’’, and other mechanisms for
increasing choice among public schools; and
(I) collecting and analyzing data.
(c) LIMIT
ON ADMINISTRATIVE COSTS.—In each
year, a State may use not more than four percent of its
annual allotment under this title, or $100,000, whichever
is greater, for administrative expenses, not including the
activities of the panel established under section 306(b)(1).
SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFES-
SIONAL DEVELOPMENT.
(a) SUBGRANTS
TO LOCAL EDUCATIONAL AGEN-
CIES.—(1)(A) Each State educational agency shall make
subgrants to local educational agencies (or consortia of
such agencies) consistent with subsections (a)(1) and
(b)(1)(A) of section 308 through a competitive process.
(B) In making such subgrants, the State educational
agency shall award not less than 1 subgrant in each fiscal
year to an urban local educational agency and not less
than 1 subgrant in each fiscal year to a rural local edu-
cational agency, except that this provision shall not apply
to the District of Columbia. Rural local educational agen-
cies may include or be represented as a fiscal agent by
an education service agency.
(C) Each subgrant 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) A local educational agency wishing to receive a
subgrant under this title for the purpose of developing a
comprehensive local plan shall submit an application to the
State educational agency. Such application shall contain
assurances that the local educational agency intends to de-
velop a plan that meets the requirements of this section.
(3) Each local educational agency wishing to receive
a subgrant for the purpose of implementing a plan under
this subsection shall submit a local plan to the State edu-
cational agency which—
(A) is developed by a broad-based panel that—
(i) is appointed by the local educational
agency and is representative of the diversity of
students and community with regard to race,
language, ethnicity, gender, disability, and so-
cioeconomic characteristics and includes teach-
ers, parents, advocacy groups, school adminis-
trators, business representatives, and others, as
appropriate; and
(ii) shall, following the selection of its
members, establish the procedures regarding
the operation of the panel, including the des-
ignation of the chairperson;
(B) includes a comprehensive local plan for dis-
trictwide education improvement, directed at ena-
bling all students to meet the challenging content
and student performance standards of the State, in-
cluding specific goals and benchmarks, consistent
with the State improvement plan (either approved or
under development) and includes a strategy for—
(i) 
implementing 
opportunity-to-learn
standards;
(ii) improving teaching and learning;
(iii) improving governance and manage-
ment;
(iv) generating and strengthening parental
and community involvement; and
(v) expanding improvements throughout
the local educational agency;
(C) promotes the flexibility of local schools in
developing plans which address the particular needs
of their school and community and are consistent
with the local plan;
(D) describes a process of broad-based commu-
nity participation in the development, implementa-
tion, and evaluation of the local plan;
(E) describes how the local educational agency
will encourage and assist schools to develop com-
prehensive school improvement plans that focus on
helping all students reach challenging content and
student performance standards and that address rel-
evant elements of the improvement plan of the local
educational agency identified in subparagraph (B);
(F) 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 regard to social services,
health care, nutrition, and child care, and by enter-
ing into partnerships with public and private agen-
cies to increase the access of students and families
to coordinated services in a school setting or at a
nearby site;
(G) describes how the subgrant will be used by
the local educational agency, and the procedures to
be used to make funds available to schools in accord-
ance with paragraph (6)(A);
(H) identifies, with an explanation, any State
or Federal requirements that the local educational
agency believes impede educational improvement and
that such local educational agency requests be
waived in accordance with section 311 (such re-
quests shall promptly be transmitted to the Sec-
retary by the State educational agency); and
(I) contains such other information as the State
educational agency may reasonably require.
(4) A local educational agency which has approved
a local plan shall submit such plan to the State for ap-
proval together with a description of modifications to such
plan and any comments from the local panel regarding
such plan.
(5) The panel appointed under paragraph (3)(A)
shall, after approval by the State educational agency of
the application of the local educational agency, monitor
the implementation and effectiveness of the local improve-
ment plan in close consultation with teachers, related serv-
ices personnel, principals, administrators, community
members, and parents from schools receiving funds under
this title, to determine if revisions to the local plan should
be recommended to the local educational agency. The
panel shall make public its findings.
(6)(A) A local educational agency that receives a
subgrant under this subsection shall—
(i) in the first year, use not more than 25 per-
cent of subgrant funds to develop a local improve-
ment plan or to implement any local educational ac-
tivities approved by the State educational agency
which are reasonably related to carrying out the
State or local improvement plans, and not less than
75 percent of such funds to support individual
school improvement initiatives directly related to
providing all students in the school the opportunity
to meet challenging State content and student per-
formance standards; and
(ii) in subsequent years, use subgrant funds for
any activities approved by the State educational
agency which are reasonably related to carrying out
the State or local improvement plans, except that at
least 85 percent of such funds shall be made avail-
able to individual schools to develop and implement
comprehensive school improvement plans which are
tailored to meet the needs of their particular student
populations and are designed to help all students
meet challenging State content standards.
(B) At least 50 percent of the funds made available
by a local educational agency to individual schools under
this section in any fiscal year shall be made available to
schools with a special need for such assistance, as indi-
cated by a high number or percentage of students from
low-income families, low student achievement, or other
similar criteria developed by the local educational agency.
(C) A local educational agency may not use more
than five percent of its annual allotment under this Act
for administrative expenses.
(7) The State educational agency shall give priority
in awarding a subgrant to—
(A) a consortium of local educational agencies;
or
(B) a local educational agency that makes as-
surances that funds will be used to assist a consor-
tium of schools that has developed a plan for school
improvement.
(b) SUBGRANTS FOR PRESERVICE TEACHER EDU-
CATION
AND
PROFESSIONAL
DEVELOPMENT
ACTIVI-
TIES.—(1)(A) Each State educational agency shall make
subgrants to consortia of local educational agencies, insti-
tutions of higher education, private nonprofit organiza-
tions, or combinations thereof, consistent with subsections
(a)(1) and (b)(1) of section 308 through a competitive,
peer-reviewed process to—
(i) improve preservice teacher education pro-
grams consistent with the State plan, including how
to work effectively with parents and the community;
and
(ii) support continuing, sustained professional
development activities for educators which will in-
crease student learning and are consistent with the
State plan.
(B)(i) In order to apply for a subgrant described in
subparagraph (A)(i), a consortium must include at least
one local educational agency and at least one institution
of higher education.
(ii) In order to apply for a subgrant described in sub-
paragraph (A)(ii), a consortium must include at least one
local educational agency.
(2) A consortium that wishes to receive a subgrant
under this subsection shall submit an application to the
State educational agency which—
(A) describes how the applicant will use the
subgrant to improve teacher preservice and school
administrator education programs or to implement
educator professional development activities consist-
ent with the State plan;
(B) identifies the criteria to be used by the ap-
plicant to judge improvements in preservice edu-
cation or the effects of professional development ac-
tivities consistent with the State plan; and
(C) contains any other information that the
State educational agency determines is appropriate.
(3) A recipient of a subgrant under this subsection
shall use the subgrant funds for activities supporting—
(A) the improvement of preservice teacher edu-
cation and school administrator programs so that
such programs equip educators with the subject
matter and pedagogical expertise necessary for pre-
paring all students to meet challenging standards; or
(B) the development and implementation of new
and improved forms of continuing and sustained
professional development opportunities for teachers,
principals, and other educators at the school or dis-
trict level that equip educators with such expertise,
and with other knowledge and skills necessary for
leading and participating in continuous education
improvement.
(4) A recipient may use the subgrant funds under
this subsection for costs related to release time for teach-
ers to participate in professional development activities.
(5) Professional development shall include related
services personnel as appropriate.
(6) In awarding subgrants under this subsection, the
State educational agency shall give priority to local edu-
cational agencies that form partnerships with collegiate
educators to establish professional development school
sites.
(c) SPECIAL AWARD RULE.—(1) Each State edu-
cational agency shall award at least 50 percent of
subgrant funds under subsection (a) in each fiscal year
to local educational agencies that have a greater percent-
age or number of disadvantaged children than the state-
wide average percentage or number for all local edu-
cational agencies in the State.
(2) The State educational agency may waive the re-
quirement of paragraph (1) if such State does not receive
a sufficient number of applications to comply with such
requirement.
SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.
(a) 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 second-
ary schools—
(1) a State educational agency or local edu-
cational agency which uses funds under this title to
develop goals, content standards, curricular mate-
rials, and assessments shall, upon request, make in-
formation related to such goals, standards, mate-
rials, and assessments 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
its plan for the training of teachers and administra-
tors in private schools located in the geographical
area served by such agency.
(b) WAIVER.—If, by reason of any provision of law,
a State or local educational agency is prohibited from pro-
viding for the equitable participation of teachers and ad-
ministrators from private schools in training programs as-
sisted with Federal funds provided under this title, or if
the Secretary determines that a State or local educational
agency has substantially failed or is unwilling to provide
for such participation, the Secretary shall waive such re-
quirements and shall arrange for the provision of training
consistent with State goals and content standards for such
teachers and administrators. Such waivers shall be subject
to consultation, withholding, notice, and judicial review in
accordance with section 1017 of the Elementary and
Secondary Education Act of 1965.
SEC. 311. WAIVERS OF STATUTORY AND REGULATORY RE-
QUIREMENTS.
(a) GENERAL.—(1) Except as provided in subsection
(c), the Secretary may waive any requirement of any stat-
ute listed in subsection (b) or of the regulations issued
under such statute for a State educational agency, local
educational agency, or school that requests such a waiv-
er—
(A) if, 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
education improvement plan;
(B) if the State educational agency has waived,
or agrees to waive, similar requirements of State
law; and
(C) if, in the case of a Statewide waiver, the
State educational agency—
(i) provides all local educational agencies
and parent organizations in the State with no-
tice and an opportunity to comment on the pro-
posal of the State educational agency to seek a
waiver; and
(ii) submits the comments of such agencies
to the Secretary.
(2) To request a waiver, a State educational agency,
local educational agency, or school that receives funds
under this Act or a local educational agency that does not
receive funds under this Act but is undertaking school re-
form efforts that meet the objectives of the State plan,
shall submit an application to the Secretary that in-
cludes—
(A) the identification of statutory or regulatory
requirements that are requested to be waived and
the goals that the State local educational agency or
school intends to achieve;
(B) a description of the action that the State
has undertaken to remove State statutory or regu-
latory barriers identified in the applications of local
educational agencies;
(C) a description of the goals of the waiver and
the expected programmatic outcomes if the request
is granted;
(D) the numbers and types of students to be
impacted by such waiver;
(E) a timetable for implementing a waiver; and
(F) the process the State will use to monitor,
on a biannual basis, the progress in implementing a
waiver.
(3) The Secretary shall act promptly on a waiver re-
quest and state in writing the reasons for granting or de-
nying such request. If a waiver is granted, the Secretary
must also include the expected outcome of granting such
waiver.
(4) The Secretary’s decision shall be—
(A) published in the Federal Register; and
(B) disseminated by the State educational agen-
cy to interested parties, including educators, par-
ents, students, advocacy and civil rights organiza-
tions, other interested parties, and the public.
(5) Each such waiver shall be for a period not to ex-
ceed three years. The Secretary may extend such period
if the Secretary determines that the waiver has been effec-
tive in enabling the State or affected local educational
agencies to carry out reform plans.
(b) INCLUDED PROGRAMS.—The statutes subject to
the waiver authority of this section are as follows:
(1) Chapter 1 of title I of the Elementary and
Secondary Education Act of 1965.
(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 (part A of title II of the
Elementary and Secondary Education Act of 1965).
(4) The Emergency Immigrant Education Act
of 1984 (part D of title IV of the Elementary and
Secondary Education Act of 1965).
(5) The Drug-Free Schools and Communities
Act of 1986 (title V of the Elementary and Second-
ary Education Act of 1965).
(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 listed in subsection (b) relating to—
(1) maintenance of effort;
(2) comparability of services;
(3) the equitable participation of students and
professional staff in private schools;
(4) parental participation and involvement; or
(5) the distribution of funds to State or to local
educational agencies.
(d) TERMINATION
OF
WAIVERS.—The Secretary
shall periodically review the performance of any State,
local educational agency, or school for which the Secretary
has granted a waiver and shall terminate the waiver if the
performance of the State, the local educational agency, or
the school in the area affected by the waiver has been in-
adequate to justify a continuation of the waiver.
SEC. 312. PROGRESS REPORTS.
(a) STATE REPORTS
TO
THE SECRETARY.—Each
State educational agency that receives funds under this
title shall annually report to the Secretary regarding—
(1) progress in meeting State goals and plans;
(2) proposed State activities for the succeeding
year; and
(3) in summary form, the progress of local edu-
cational agencies in meeting local goals and plans
and increasing student learning.
(b) SECRETARY’S
REPORTS
TO
CONGRESS.—By
April 30, 1996, and every two years thereafter, the Sec-
retary shall submit a report to the Committee on Edu-
cation and Labor of the House of Representatives and the
Committee on Labor and Human Resources of the Senate
describing the activities and outcomes of grants under—
(1) section 220 of this Act, including—
(A) a description of the purpose, uses, and
technical merit of assessments evaluated with
funds under such section; and
(B) an analysis of the impact of such as-
sessments on the performance of all students,
particularly students of different racial, gender,
ethnic, language groups, or individuals with dis-
abilities; and
(2) this title, including a description of the ef-
fect of waivers granted under section 311.
SEC. 313. NATIONAL LEADERSHIP.
(a) ACTIVITIES AUTHORIZED.—From funds reserved
each year under section 304(a)(2)(A), the Secretary shall,
through the Office of Educational Research and Improve-
ment in accordance with the provisions of sections 405 and
406 of the General Education Provisions Act, directly or
through grants or contracts—
(1) provide technical assistance to States and
local educational agencies developing or implement-
ing school improvement plans, in a manner that en-
sures that each such State has access to such assist-
ance;
(2) gather data on, conduct research on, and
evaluate systemic education improvement, including
the programs authorized by this title;
(3) disseminate research findings and other in-
formation on systemic education improvement and
how it affects student learning;
(4) provide grants to tribal divisions of edu-
cation for coordination efforts between school reform
plans developed for schools funded by the Bureau of
Indian Affairs and public schools described in sec-
tion 306(g)(5), including tribal activities in support
of plans; and
(5) support national demonstration projects
that unite local and State educational agencies, in-
stitutions of higher education, government, business,
and labor in collaborative arrangements in order to
make educational improvements systemwide.
(b) RESERVATION OF FUNDS.—(1) The Secretary
shall use at least 50 percent of the funds reserved each
year under section 304(a)(2)(A) to make grants, consist-
ent with the provisions of section 309(a) that the Sec-
retary finds appropriate, and provide technical and other
assistance to urban and rural local educational agencies
with large numbers or concentrations of students who are
economically disadvantaged or who have limited English
proficiency, to assist such agencies in developing and im-
plementing local school improvement plans.
100
(2) The Secretary shall use not less than $1,000,000
of the funds reserved the first year under section
304(a)(2)(A) to survey coordinated services programs that
have been found to be successful in helping students and
families and improving student outcomes, and shall dis-
seminate information about such programs to schools that
plan to develop coordinated services programs.
SEC. 314. ASSISTANCE TO THE OUTLYING AREAS AND TO
THE SECRETARY OF THE INTERIOR.
(a) OUTLYING AREAS.—(1) Funds reserved for outly-
ing areas under section 304(a)(1)(A) shall be distributed
among such areas by the Secretary according to relative
need.
(2) 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.—
(1) IN GENERAL.—The funds reserved to the
Secretary of the Interior under section 304 shall be
made in a payment which shall be pursuant to an
agreement between the Secretary and the Secretary
of the Interior containing such assurances and terms
as the Secretary determines shall best achieve the
provisions of this section and this Act. The agree-
101
ment shall, at a minimum, contain assurances
that—
(A) a panel, as set forth in paragraph (4)
of this subsection, shall be established;
(B) a reform and improvement plan, de-
signed to increase student learning and assist
students in meeting the National Education
Goals, meeting the requirements pertaining to
State improvement plans required in section
306 and providing for the fundamental restruc-
turing and improvement of elementary and sec-
ondary education in schools funded by the Bu-
reau, shall be developed by such panel; and
(C) the provisions and activities required
under State improvement plans, including the
requirements for timetables for opportunity-to-
learn standards, shall be carried out in the
same time frames and under the same condi-
tions stipulated for the States in sections 305
and 306, provided that for these purposes, the
term ‘local educational agencies’ shall be inter-
preted to mean ‘schools funded by the Bureau’.
(2) VOLUNTARY SUBMISSION.—The provisions
applicable to the States in section 213 of this Act
shall apply to the Bureau plan with regard to vol-
102
untary submission of standards and assessment sys-
tems to the National Education Standards and
Improvement Council for review and certification.
(3) PLAN
SPECIFICS.—The reform and im-
provement plan shall include, in addition to the re-
quirements referenced above, specific provisions
for—
(A) opportunity to learn standards pertain-
ing to residential programs and transportation
costs associated with programs located on or
near reservations or serving students in off-res-
ervation residential boarding schools;
(B) review and incorporation of the Na-
tional Education Goals and the voluntary na-
tional content, student performance, and oppor-
tunity-to-learn standards developed under part
B of title II of this Act, provided that such re-
view shall include the issues of cultural and lan-
guage differences; and
(C) provision for coordination of the efforts
of the Bureau with the efforts for school im-
provement of the States and local educational
agencies in which the schools funded by the Bu-
reau are located, to include, but not be limited
103
to, the development of the partnerships outlined
in section 306(g)(5) of the Act.
(4) PANEL.—To carry out the provisions of this
section, and to develop the plan for system-wide re-
form and improvement required under the agree-
ment required under paragraph (1), the Secretary of
the Interior shall establish a panel coordinated by
the Assistant Secretary of the Interior for Indian
Affairs. Such panel shall consist of—
(A) the Director of the Office of Indian
Education Programs of the Bureau of Indian
Affairs and two heads of other divisions of such
Bureau as the Assistant Secretary shall des-
ignate;
(B) a designee of the Secretary of Edu-
cation; and
(C) a representative nominated by each of
the following:
(i) The organization representing the
majority of teachers and professional per-
sonnel in schools operated by the Bureau.
(ii) The organization representing the
majority of nonteaching personnel in
schools operated by the Bureau, if not the
same organization as in clause (i).
104
(iii) School administrators of schools
operated by the Bureau.
(iv) Education line officers located in
Bureau area or agency offices serving
schools funded by the Bureau.
(v) The organization representing the
majority of contract or grant schools fund-
ed by the Bureau not serving students on
the Navajo reservation.
(vi) The organization representing the
majority of contract or grant schools fund-
ed by the Bureau serving students on the
Navajo reservation.
(vii) The organization representing
the school boards required by statute for
schools operated by the Bureau not serving
students on the Navajo reservation.
(viii) The organization representing
the school boards required by statute for
schools funded by the Bureau serving stu-
dents on the Navajo reservation.
Including the additional members required by para-
graph (5), a majority of the members of such panel
shall be from the entities designated under subpara-
graph (C).
105
(5) ADDITIONAL
MEMBERS.—In addition, the
members of the panel stipulated above shall des-
ignate for full membership four additional mem-
bers—
(A) one of whom shall be a representative
of a national organization which represents pri-
marily national Indian education concerns; and
(B) three of whom shall be chairpersons
(or their designees) of Indian tribes with
schools funded by the Bureau on their reserva-
tions (other than those specifically represented
by organizations referred to in paragraph (4)),
provided that preference for no less than two of
these members shall be given to Indian tribes
with a significant number of schools funded by
the Bureau on their reservations, or with a sig-
nificant percentage of their children enrolled in
schools funded by the Bureau.
(c) BIA COST ANALYSIS.—
(1) IN GENERAL.—(A) The Secretary of the In-
terior shall reserve from the first allotment made to
the Department of the Interior pursuant to section
304 an amount not to exceed $500,000 to provide,
through the National Academy of Sciences, for an
analysis of the costs associated with meeting the
106
academic and home-living/residential standards of
the Bureau of Indian Affairs for each school funded
by such Bureau. The purpose of such analysis shall
be to provide the Bureau and the Panel with base-
line data regarding the current state of operations
funded by the Bureau and to provide a framework
for addressing the implementation of opportunity-to-
learn standards.
(B) The results of such analysis shall be re-
ported, in aggregate and school specific form, to the
chairpersons and ranking minority members of the
Committees on Education and Labor and Appropria-
tions of the House of Representatives and the Select
Committee on Indian Affairs and the Committee on
Appropriations of the Senate, and to the Secretary
of the Interior, the Secretary of Education (who
shall transmit the report to the proper entities under
this Act), and the Assistant Secretary of the Interior
for Indian Affairs, not later than 6 months after the
date of enactment of this Act.
(2) CONTENT.—Such analysis shall evaluate the
costs of providing a program in each school for the
next succeeding academic year and shall be based
on—
107
(A) the standards either published in the
Federal Register as having effect in schools op-
erated by the Bureau on the date of enactment
of this Act or the standards incorporated into
each grant or contract in effect on such date
with a tribally controlled school funded under
section 1128 of Public Law 95–561 (as amend-
ed);
(B) the best projections of student counts
and demographics, as provided by the Bureau
and as independently reviewed by the Academy;
and
(C) the pay and benefit schedules and
other personnel requirements for each school
operated by the Bureau, as existing on the date
of enactment.
(d) 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.
TITLE IV—NATIONAL SKILL
STANDARDS BOARD
SEC. 401. PURPOSE.
It is the purpose of this title to establish a National
Board to serve as a catalyst in stimulating the develop-
108
ment and adoption of a voluntary national system of skill
standards and certification that will serve as a cornerstone
of the national strategy to enhance workforce skills, and
that can be used, consistent with Federal civil rights
laws—
(1) by the Nation, to ensure the development of
a high skills, high quality, high performance
workforce, including the most skilled front-line
workforce in the world, and that will result in in-
creased productivity, economic growth and American
economic competitiveness;
(2) by industries, as a vehicle for informing
training providers and prospective employees of
skills necessary for employment;
(3) by employers, to assist in evaluating the
skill levels of prospective employees and to assist in
the training of current employees;
(4) by labor organizations, to enhance the em-
ployment security of workers by providing portable
credentials and skills;
(5) by workers, to obtain certifications of their
skills to protect against dislocation, to pursue career
advancement, and to enhance their ability to reenter
the workforce;
109
(6) by students and entry level workers, to de-
termine the skill levels and competencies needed to
be obtained in order to compete effectively for high
wage jobs;
(7) by training providers and educators, to de-
termine appropriate training services to offer;
(8) by Government, to evaluate whether pub-
licly-funded training assists participants to meet
skill standards where they exist and thereby protect
the integrity of public expenditures;
(9) to facilitate the transition to high perform-
ance work organizations;
(10) to increase opportunities for minorities
and women, including removing barriers to the entry
of women in non-traditional employment; and
(11) to facilitate linkages between other compo-
nents of the workforce investment strategy, includ-
ing school-to-work transition, secondary and post-
secondary vocational-technical education, and job
training programs.
SEC. 402. ESTABLISHMENT OF NATIONAL BOARD.
(a) IN GENERAL.—There is established a National
Skill Standards Board (in this title referred to as the
‘‘National Board’’).
(b) COMPOSITION.—
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(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;
(C) one member shall be the Secretary of
Commerce;
(D) one member shall be the Chairperson
of the National Education Standards and Im-
provement Council established pursuant to sec-
tion 212(a);
(E) eight members shall be representatives
of small and large business and industry se-
lected from among individuals recommended by
recognized national business organizations and
trade associations;
(F) eight members shall be representatives
of organized labor selected from among individ-
uals recommended by recognized national labor
federations; and
(G) eight members shall be representatives
from the following groups, with at least one
member from each group:
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(i) Educational institutions.
(ii) Community-based organizations.
(iii) State and local governments.
(iv) Nongovernmental organizations
with a demonstrated history of successfully
protecting the rights of racial, ethnic and
religious minorities, women, persons with
disabilities or older persons.
(2) DIVERSITY REQUIREMENTS.—The members
described 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—
(A) in the aggregate, represent a broad
cross-section of occupations and industries; and
(B) to the extent feasible, be geographi-
cally representative of the United States and re-
flect the racial, ethnic and gender diversity of
the United States.
(3) APPOINTMENT.—The membership of the
National 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 ap-
pointed by the President.
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(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
whom three members (one from each class of
members described in subparagraphs (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 members
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
whom three members (one from each class of
members described in subparagraphs (E), (F),
and (G) of paragraph (1)) shall be selected
from recommendations made by the Majority
Leader of the Senate and three members (one
from each class of members described in sub-
paragraphs (E), (F), and (G) of paragraph (1))
113
shall be selected from recommendations made
by the Minority Leader of the Senate.
(4) TERM.—Each member of the National
Board appointed under subparagraphs (E), (F), and
(G) of paragraph (1) shall be appointed for a term
of 4 years, except that of the initial members of the
Board appointed under such paragraph—
(A) twelve members shall be appointed for
a term of 3 years (four from each class of mem-
bers described in subparagraphs (E), (F), and
(G) of paragraph (1)), of whom—
(i) two from each class shall be ap-
pointed in accordance with paragraph
(3)(A);
(ii) one from each such class shall be
appointed in accordance with paragraph
(3)(B); and
(iii) 1 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—