305
teaching and learning and are consistent with the re-
quirements of section 2033.
‘‘(10) Developing or assisting local educational
agencies in developing merit-based performance sys-
tems, rigorous assessments for teachers, and strate-
gies which provide differential and bonus pay for
teachers in high-need subject areas such as reading,
math, and science and in high-poverty schools and
districts.
‘‘(f) COORDINATION.—States receiving grants under
section 202 of the Higher Education Act of 1965 shall
coordinate the use of such funds with activities carried out
under this section.
‘‘SEC. 2013. APPLICATIONS BY STATES.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably
require.
‘‘(b) CONTENTS.—Each application under this sec-
tion shall include the following:
‘‘(1) A description of how the State will ensure
that a local educational agency receiving a subgrant
under subpart 3 will comply with the requirements
of such subpart.
306
‘‘(2) A plan to ensure all teachers within the
State are fully qualified not later than December 31,
2005.
‘‘(3) A description of how the State will coordi-
nate professional development activities authorized
under this part with professional development activi-
ties provided under other Federal, State, and local
programs, including those authorized under title I,
part A of title V, part B of title V, part A of title
III, and (where applicable) the Individuals with Dis-
abilities Education Act and the Carl D. Perkins Vo-
cational and Technical Education Act. The applica-
tion shall also describe the comprehensive strategy
that the State will take as part of such coordination
effort, to ensure that teachers are trained in the uti-
lization of technology so that technology and its ap-
plications are effectively used in the classroom to im-
prove teaching and learning in all curriculum and
content areas, as appropriate.
‘‘(4) A description of how the State will encour-
age the development of proven, innovative strategies
to deliver intensive professional development pro-
grams that are both cost-effective and easily acces-
sible, such as through the use of technology and dis-
tance learning.
307
‘‘(5) A description of how the State will ensure
that local educational agencies will comply with the
requirements under section 2033, especially with re-
spect to ensuring the participation of teachers and
parents.
‘‘(c) APPLICATION APPROVAL.—A State application
submitted to the Secretary under this section shall be
deemed approved by the Secretary unless the Secretary
makes a written determination, within 90 days after re-
ceiving the application, that the application is in violation
of the provisions of this subpart. The Secretary shall not
finally disapprove a State application except after giving
the State notice and opportunity for a hearing.
‘‘Subpart 2—Math and Science Partnerships
‘‘SEC. 2021. PURPOSE.
‘‘The purpose of this subpart is to improve the
achievement of students in the areas of mathematics and
science by encouraging States, institutions of higher edu-
cation, and local educational agencies to participate in
programs that—
‘‘(1) focus on education and training of mathe-
matics and science teachers that improves teachers’
knowledge and skills and encourages intellectual
growth;
308
‘‘(2) improve mathematics and science teaching
by encouraging institutions of higher education to
assume greater responsibility for improving mathe-
matics and science teacher education through the es-
tablishment of a comprehensive, integrated system of
recruiting, training, and advising such teachers; and
‘‘(3) bring mathematics and science teachers in
elementary and secondary schools together with sci-
entists, mathematicians, and engineers to increase
the subject matter knowledge of teachers and im-
prove their teaching skills through the use of sophis-
ticated laboratory equipment and work space, com-
puting facilities, libraries, and other resources that
institutions of higher education are better able to
provide than the schools.
‘‘SEC. 2022. APPLICATION REQUIREMENTS.
‘‘(a) IN GENERAL.—An eligible partnership seeking
to receive a subgrant from a State under this subpart shall
submit an application to the State at such time, in such
manner, and accompanied by such information as the
State may require.
‘‘(b) PARTNERSHIP APPLICATION CONTENTS.—Each
such application shall include—
‘‘(1) an assessment of the teacher quality and
professional development of all the schools and agen-
309
cies participating in the eligible partnership with re-
spect to the teaching and learning of mathematics
and science;
‘‘(2) a description of how the activities to be
carried out by the eligible partnership will be aligned
with State content standards in mathematics and
science and with other educational reform activities
that promote student achievement in mathematics
and science;
‘‘(3) a description of how the activities to be
carried out by the eligible partnership will be based
on a review of relevant research, and an explanation
of why the activities are expected to improve student
achievement and to strengthen the quality of mathe-
matics and science instructions; and
‘‘(4) a description of—
‘‘(A) how the eligible partnership will carry
out the activities described in section 2023(c);
and
‘‘(B) the eligible partnership’s evaluation
and accountability plan described in section
2024.
310
‘‘SEC. 2023. MATH AND SCIENCE PARTNERSHIP SUB-
GRANTS.
‘‘(a) IN GENERAL.—From the amount described in
section 2012(c), the State educational agency, working in
conjunction with the State agency for higher education (if
such agencies are separate), shall award subgrants on a
competitive basis to eligible partnerships to enable such
partnerships to carry out activities described in subsection
(c).
‘‘(b) DURATION.—The State shall award subgrants
under this subpart for a period of not less than 2 and
not more than 5 years.
‘‘(c) AUTHORIZED ACTIVITIES.—A recipient of funds
provided under this subpart may use the funds for the
following activities related to elementary or secondary
schools:
‘‘(1) Establishing and operating mathematics
and science summer professional development work-
shops or institutes for elementary and secondary
teachers that—
‘‘(A) shall—
‘‘(i) directly relate to the curriculum
and content areas in which the teacher
provides instruction, and focus only sec-
ondarily on pedagogy;
311
‘‘(ii) enhance the ability of a teacher
to understand and use the State’s content
standards for mathematics and science and
to select appropriate curricula;
‘‘(iii) train teachers to use curricula
that are—
‘‘(I) based on scientific research;
‘‘(II) aligned with State content
standards; and
‘‘(III) 
object-centered, 
experi-
ment-oriented, and concept- and con-
tent-based; and
‘‘(iv) provide supplemental assistance
and follow-up training during the school
year for summer institute graduates; and
‘‘(B) may include—
‘‘(i) programs that provide prospective
teachers and novice teachers opportunities
to work under the guidance of experienced
teachers and college faculty;
‘‘(ii) instruction in the use of data
and assessments to inform and instruct
classroom practice;
‘‘(iii) professional development activi-
ties, including supplemental and follow-up
312
activities, such as distance learning and ac-
tivities that train teachers to utilize tech-
nology in the classroom.
‘‘(2) Recruiting to the teaching profession—
‘‘(A) students studying mathematics, engi-
neering, and science; or
‘‘(B) mathematicians, engineers, and sci-
entists currently working in the field.
(3) Designing programs to bring teachers into
contact with working scientists to expand teacher
content knowledge of and research in science and
mathematics.
‘‘(d) PRIORITY.—In awarding subgrants under this
subpart, States shall give priority to applications seeking
funding for the activity described in subsection (c)(1).
‘‘(e) COORDINATION.—Partnerships receiving grants
under section 203 of the Higher Education Act of 1965
(20 U.S.C. 1023) shall coordinate the use of such funds
with any related activities carried out by such partnership
with funds made available under this subpart.
‘‘SEC. 2024. EVALUATION AND ACCOUNTABILITY PLAN.
‘‘(a) AL.—Each eligible partnership receiving a
subgrant under this subpart shall develop an evaluation
and accountability plan for activities assisted under this
subpart that includes rigorous performance objectives that
313
measure the impact of activities funded under this sub-
part.
‘‘(b) CONTENTS.—The plan—
‘‘(1) shall include measurable goals to increase
the number of mathematics and science teachers
who participate in content-based professional devel-
opment activities; and
‘‘(2) may include objectives and measures for—
‘‘(A) improved student achievement on
State mathematics and science assessments;
‘‘(B) increased participation by students in
advanced courses in mathematics and science;
‘‘(C) increased percentages of elementary
school teachers with academic majors or mi-
nors, or group majors or minors, in mathe-
matics or the sciences; and
‘‘(D) increased percentages of secondary
school classes in mathematics and science
taught by teachers with academic majors in
mathematics and science, respectively.
‘‘SEC. 2025. REPORTS; REVOCATION OF SUBGRANTS.
‘‘(a) REPORTS.—Each eligible partnership receiving
a subgrant under this subpart annually shall report to the
State regarding the eligible partnership’s progress in
314
meeting the performance objectives described in section
2024.
‘‘(b) REVOCATION.—If the State determines that an
eligible partnership that receives a subgrant under this
subpart for 5 years is not making substantial progress in
meeting the performance objectives described in section
2024 by the end of the third year of the subgrant, the
subgrant payments shall not be made for the fourth and
fifth years.
‘‘SEC. 2026. DEFINITIONS.
‘‘In this subpart:
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means a partnership that—
‘‘(A) shall include—
‘‘(i) a State educational agency;
‘‘(ii) a mathematics or science depart-
ment of a private independent institution
of higher education or a State-supported
public institution of higher education; and
‘‘(iii) a high need local educational
agency; and
‘‘(B) may include—
‘‘(i) another institution of higher edu-
cation or the teacher training department
of such an institution;
315
‘‘(ii) additional local educational agen-
cies, public charter schools, public or pri-
vate elementary or secondary schools, or a
consortium of such schools;
‘‘(iii) a business; or
‘‘(iv) a nonprofit organization of dem-
onstrated effectiveness, including a mu-
seum or research institution.
‘‘(2) SUMMER
PROFESSIONAL
DEVELOPMENT
WORKSHOP OR INSTITUTE.—The term ‘summer pro-
fessional development workshop or institute’ means
a workshop or institute that—
‘‘(A) is conducted during a period of not
less than 2 weeks;
‘‘(B) includes as a component a program
that provides direct interaction between stu-
dents and faculty; and
‘‘(C) provides for follow-up training during
the academic year that shall be conducted in
the classroom for a period of not less than 3
consecutive or nonconsecutive days, except
that—
‘‘(i) if the workshop or institute is
conducted during a two-week period, the
316
follow-up training shall be conducted for a
period of at least 4 days; and
‘‘(ii) if the follow-up training is for
teachers in rural school districts, it may be
conducted through distance learning.
‘‘Subpart 3—Subgrants to Local Educational
Agencies
‘‘SEC. 2031. LOCAL USE OF FUNDS.
‘‘Each local educational agency that receives a
subgrant under this subpart may use the subgrant to
carry out the following activities:
‘‘(1) Initiatives to assist in recruiting and hir-
ing fully qualified teachers who will be assigned
teaching positions within their field, including—
‘‘(A) providing signing bonuses or other fi-
nancial incentives, such as differential pay, for
teachers to teach in academic subject areas in
which there exists a shortage of such fully
qualified teachers within a school or the local
educational agency;
‘‘(B) establishing programs that—
‘‘(i) recruit professionals from other
fields and provide such professionals with
alternative routes to teacher certification;
and
317
‘‘(ii) provide increased opportunities
for minorities, individuals with disabilities,
and other individuals underrepresented in
the teaching profession; and
‘‘(C) implementing hiring policies that en-
sure comprehensive recruitment efforts as a
way to expand the applicant pool, such as
through identifying teachers certified through
alternative routes, coupled with a system of in-
tensive screening designed to hire the most
qualified applicant.
‘‘(2) Initiatives to promote retention of highly
qualified teachers and principals, particularly within
elementary and secondary schools with a high per-
centage of low-achieving students, including pro-
grams that provide—
‘‘(A) mentoring to newly hired teachers,
such as from master teachers;
‘‘(B) incentives, including financial incen-
tives, to retain teachers who have a record of
success in helping low-achieving students im-
prove their academic success; or
‘‘(C) incentives, including financial incen-
tives, to principals who have a record of improv-
ing the performance of all students, but par-
318
ticularly students from economically disadvan-
taged families and students from racial and
ethnic minority groups.
‘‘(3) Programs and activities that are designed
to improve the quality of the teacher force, such
as—
‘‘(A) innovative professional development
programs (which may be through partnerships
including institutions of higher education), in-
cluding programs that train teachers and prin-
cipals to utilize technology to improve teaching
and learning, are consistent with the require-
ments of section 2033, and are coordinated
with part B of title V;
‘‘(B) development and utilization of prov-
en, cost-effective strategies for the implementa-
tion of professional development activities, such
as through the utilization of technology and dis-
tance learning;
‘‘(C) tenure reform;
‘‘(D) merit pay;
‘‘(E) testing of elementary and secondary
school teachers in the subject areas taught by
such teachers;
319
‘‘(F) professional development programs
that provide instruction in how to teach chil-
dren with different learning styles, particularly
children with disabilities and children with spe-
cial learning needs (including those who are
gifted and talented);
‘‘(G) professional development programs
that provide instruction in how best to dis-
cipline children in the classroom and identify
early and appropriate interventions to help chil-
dren described in subparagraph (F) learn; and
‘‘(H) professional development programs
that provide instruction in how to teach char-
acter education in a manner that—
‘‘(i) reflects the values of parents,
teachers, and local communities; and
‘‘(ii) incorporates elements of good
character, including honesty, citizenship,
courage, justice, respect, personal responsi-
bility, and trustworthiness.
‘‘(4) Teacher opportunity payments, consistent
with section 2034.
‘‘(5) Professional activities designed to improve
the quality of principals.
320
‘‘(6) Hiring fully qualified teachers, including
teachers who become fully qualified through State
and local alternative routes, and special education
teachers, in order to reduce class size.
‘‘SEC. 2032. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—A local educational agency seek-
ing to receive a subgrant from a State under this subpart
shall submit an application to the State—
‘‘(1) at such time as the State shall require;
and
‘‘(2) which is coordinated with other programs
under this Act, or other Acts, as appropriate.
‘‘(b) LOCAL APPLICATION CONTENTS.—The local ap-
plication described in subsection (a), shall include, at a
minimum, the following:
‘‘(1) An assurance that the local educational
agency will target funds to schools within the juris-
diction of the local educational agency that—
‘‘(A) have the lowest proportion of fully
qualified teachers;
‘‘(B) have the largest average class size; or
‘‘(C) are identified for school improvement
under section 1116(b).
‘‘(2) A description of how the local educational
agency will coordinate professional development ac-
321
tivities authorized under this subpart with profes-
sional development activities provided through other
Federal, State, and local programs, including those
authorized under title I, part A of title V, part B
of title V, part A of title III, and (where applicable)
the Individuals with Disabilities Education Act and
the Carl D. Perkins Vocational and Technical Edu-
cation Act.
‘‘(3) A description of how the local educational
agency will integrate funds under this subpart with
funds received under part B of title V that are used
for professional development to train teachers to uti-
lize technology to improve teaching and learning.
‘‘(4) A description of how the local educational
agency has collaborated with teachers, principals,
parents, and administrators in the preparation of
the application.
‘‘SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
‘‘(a) REQUIREMENTS FOR PROFESSIONAL DEVELOP-
MENT ACTIVITIES.—Professional development activities
under this subpart shall—
‘‘(1) support professional development activities
that give teachers, principals, and administrators the
knowledge and skills to provide students with the op-
322
portunity to meet challenging State content stand-
ards and student achievement standards;
‘‘(2) support the recruiting, hiring, and training
of fully qualified teachers, including teachers fully
qualified through State and local alternative routes;
‘‘(3) advance teacher understanding of effective
instructional strategies based on scientifically based
research for improving student achievement, at a
minimum, in reading or language arts and mathe-
matics;
‘‘(4) be directly related to the curriculum and
content areas in which the teacher provides instruc-
tion, except this does not apply to activities that in-
struct in methods of disciplining children;
‘‘(5) be designed to enhance the ability of a
teacher to understand and use the State’s standards
for the subject area in which the teacher provides in-
struction;
‘‘(6) be tied to scientifically based research
demonstrating the effectiveness of such professional
development activities or programs in increasing stu-
dent achievement or substantially increasing the
knowledge and teaching skills of teachers;
‘‘(7) be of sufficient intensity and duration (not
to include 1-day or short-term workshops and con-
323
ferences) to have a positive and lasting impact on
the teacher’s performance in the classroom;
‘‘(8) be developed with extensive participation
of teachers, principals, parents, and administrators
of schools to be served under this part;
‘‘(9) to the extent appropriate, provide training
for teachers and principals in the use of technology
so that technology and its applications are effectively
used in the classroom to improve teaching and learn-
ing in the curriculum and academic content areas in
which the teachers provide instruction; and
‘‘(10) as a whole, be regularly evaluated for
their impact on increased teacher effectiveness and
improved student achievement, with the findings of
such evaluations used to improve the quality of pro-
fessional development.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—
Professional development activities under this subpart
may include—
‘‘(1) instruction in the use of data and assess-
ments to inform and instruct classroom practice;
‘‘(2) instruction in ways that teachers, prin-
cipals, pupil services personnel, and school adminis-
trators may work more effectively with parents;
324
‘‘(3) the forming of partnerships with institu-
tions of higher education to establish school-based
teacher training programs that provide prospective
teachers and novice teachers with an opportunity to
work under the guidance of experienced teachers and
college faculty;
‘‘(4) the creation of programs for paraprofes-
sionals (assisting teachers employed by a local edu-
cational agency receiving assistance under this part)
to obtain the education necessary for such para-
professionals to become licensed and certified teach-
ers; and
‘‘(5) instruction in ways to teach special needs
children.
‘‘(c) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—A State shall notify a local
educational agency that the agency is on notice of
the possibility that the agency may be subject to the
requirement in paragraph (3) if, after any fiscal
year, the State determines that the programs or ac-
tivities funded by the agency fail to meet the re-
quirements of subsection (a).
‘‘(2) TECHNICAL
ASSISTANCE.—A local edu-
cational agency that has been put on notice pursu-
ant to paragraph (1) may request technical assist-
325
ance from the State in order to provide the oppor-
tunity for such local educational agency to comply
with the requirements of subsection (a).
‘‘(3) REQUIREMENT TO PROVIDE TEACHER OP-
PORTUNITY PAYMENTS.—A local educational agency
that has been put on notice by the State pursuant
to paragraph (1) during any 2 consecutive fiscal
years shall expend under section 2034 for the suc-
ceeding fiscal year a proportion of the amount made
available to the agency under this subpart equal to
the proportion of such amount expended by the
agency on professional development for the second
fiscal year in which it was put on notice.
‘‘SEC. 2034. TEACHER OPPORTUNITY PAYMENTS.
‘‘(a) IN GENERAL.—A local educational agency re-
ceiving funds under this subpart may (or, in the case of
a local educational agency described in section 2033(c)(3),
shall) provide funds directly to a teacher or a group of
teachers seeking opportunities to participate in a profes-
sional development activity of their choice.
‘‘(b) NOTICE
TO
TEACHERS.—Local educational
agencies distributing funds under this section shall estab-
lish and implement a timely process through which proper
notice of availability of funds will be given to all teachers
within schools identified by the agency and shall develop
326
a process whereby teachers will be specifically rec-
ommended by principals to participate in such program
by virtue of—
‘‘(1) their not being fully qualified to teach in
the subject or subjects in which they teach; or
‘‘(2) their need for additional assistance to en-
sure that their students make progress toward meet-
ing challenging State content standards and student
achievement standards.
‘‘(c) SELECTION OF TEACHERS.—In the event ade-
quate funding is not available to provide payments under
this section to all teachers seeking such assistance, or
identified as needing such assistance pursuant to sub-
section (b), a local educational agency shall establish pro-
cedures for selecting teachers which provide a priority for
those teachers described in paragraph (1) or (2) of sub-
section (b).
‘‘(d) ELIGIBLE PROGRAM.—Teachers receiving a pay-
ment under this section shall have the choice of attending
any professional development program that meets the cri-
teria set forth in section 2033(a).
327
‘‘Subpart 4—Troops-to-Teachers Program
‘‘SEC. 2041. AUTHORIZATION OF TROOPS-TO-TEACHERS
PROGRAM.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
carry out a program (to be known as the ‘Troops-to-
Teachers Program’)—
‘‘(1) to assist eligible members and former
members of the Armed Forces described in section
2042 to obtain certification or licensure as elemen-
tary school teachers, secondary school teachers, or
vocational or technical teachers; and
‘‘(2) to facilitate the employment of such mem-
bers in elementary schools or secondary schools or as
vocational or technical teachers.
‘‘(b) ADMINISTRATION OF PROGRAM.—The Secretary
shall enter into a memorandum of agreement with the Sec-
retary of Defense under which the Secretary of Defense,
acting through the Defense Activity for Non-Traditional
Education Support of the Department of Defense, will
perform the actual administration of the Program, other
than section 2045. Using funds appropriated to the Sec-
retary to carry out this subpart, the Secretary shall trans-
fer to the Secretary of Defense such amounts as may be
necessary to administer the Program pursuant to the
memorandum of agreement.
328
‘‘(c) INFORMATION
REGARDING
PROGRAM.—The
Secretary shall provide to the Secretary of Defense, for
distribution as part of preseparation counseling provided
under section 1142 of title 10, United States Code, to
members of the Armed Forces described in section 2042,
information regarding the Troops-to-Teachers Program
and applications to participate in the program.
‘‘(d) PLACEMENT
ASSISTANCE
AND
REFERRAL
SERVICES.—As part of the Troops-to-Teachers Program,
the Secretary may, with the agreement of the Secretary
of Defense, provide placement assistance and referral serv-
ices regarding employment opportunities with local edu-
cational agencies to members of the Armed Forces who
are discharged or released from active duty under other
than adverse conditions. Unless the member is also se-
lected to participate in the Program under section 2042,
a member receiving placement assistance and referral
services under the authority of this subsection is not eligi-
ble for financial assistance under section 2043.
‘‘SEC. 2042. RECRUITMENT AND SELECTION OF PROGRAM
PARTICIPANTS.
‘‘(a) ELIGIBLE MEMBERS.—The following members
and former members of the Armed Forces are eligible for
selection to participate in the Troops-to-Teachers Pro-
gram:
329
‘‘(1) Any member who—
‘‘(A) on or after October 1, 1999, becomes
entitled to retired or retainer pay in the manner
provided in title 10 or title 14, United States
Code; or
‘‘(B) on or after the date of the enactment
of the No Child Left Behind Act of 2001, has
an approved date of voluntary retirement and,
as of the date the member submits an applica-
tion to participate in the Program, has one year
or less of active duty remaining before retire-
ment.
‘‘(2) Any member who, on or after the date of
the enactment of the No Child Left Behind Act of
2001—
‘‘(A) is separated or released from active
duty after six or more years of continuous ac-
tive duty immediately before the separation or
release; and
‘‘(B) executes a reserve commitment agree-
ment for a period of three years under sub-
section (e)(2).
‘‘(3) Any member who, on or after the date of
the enactment of the No Child Left Behind Act of
330
2001, is retired or separated for physical disability
under chapter 61 of title 10, United States Code.
‘‘(4) Any member who—
‘‘(A) during the period beginning on Octo-
ber 1, 1990, and ending on September 30,
1999, was involuntarily discharged or released
from active duty for purposes of a reduction of
force after six or more years of continuous ac-
tive duty immediately before the discharge or
release; or
‘‘(B) applied for the teacher placement
program administered under section 1151 of
title 10, United States Code, before its repeal,
and who satisfied the eligibility criteria specified
in subsection (c) of such section 1151.
‘‘(b) SUBMISSION OF APPLICATIONS.—
‘‘(1) FORM AND SUBMISSION.—Selection of eli-
gible members and former members of the Armed
Forces to participate in the Troops-to-Teachers Pro-
gram shall be made on the basis of applications sub-
mitted to the Secretary within the time periods spec-
ified in paragraph (2). An application shall be in
such form and contain such information as the Sec-
retary may require.
331
‘‘(2) TIME
FOR
SUBMISSION.—An application
shall be considered to be submitted on a timely basis
under paragraph (1) if—
‘‘(A) in the case of a member or former
member of the Armed Forces described in para-
graph (1), (2), or (3) of subsection (a), the ap-
plication is submitted not later than four years
after the date on which the member is retired
or separated or released from active duty,
whichever applies to the member; or
‘‘(B) in the case of a member or former
member described in subsection (a)(4), the ap-
plication is submitted not later than September
30, 2003.
‘‘(c) SELECTION CRITERIA.—
‘‘(1) ESTABLISHMENT.—Subject to paragraphs
(2) and (3), the Secretary shall prescribe the criteria
to be used to select eligible members and former
members of the Armed Forces to participate in the
Troops-to-Teachers Program.
‘‘(2) EDUCATIONAL BACKGROUND.—If a mem-
ber or former member of the Armed Forces de-
scribed in paragraph (1), (2), or (3) of subsection
(a) is applying for assistance for placement as an el-
ementary or secondary school teacher, the Secretary
332
shall require the member to have received a bacca-
laureate or advanced degree from an accredited in-
stitution of higher education. If such a member is
applying for assistance for placement as a vocational
or technical teacher, the Secretary shall require the
member—
‘‘(A) to have received the equivalent of one
year of college from an accredited institution of
higher education and have six or more years of
military experience in a vocational or technical
field; or
‘‘(B) to otherwise meet the certification or
licensure requirements for a vocational or tech-
nical teacher in the State in which the member
seeks assistance for placement under the Pro-
gram.
‘‘(3) HONORABLE
SERVICE.—A member or
former member of the Armed Forces is eligible to
participate in the Troops-to-Teachers Program only
if the member’s last period of service in the Armed
Forces was characterized as honorable. If the mem-
ber is selected to participate in the Program before
the retirement of the member or the separation or
release of the member from active duty, the member
may continue to participate in the Program only if,
333
upon the retirement or separation or release from
active duty, the member’s last period of service is
characterized as honorable.
‘‘(d) SELECTION PRIORITIES.—In selecting eligible
members and former members of the Armed Forces to re-
ceive assistance for placement as elementary or secondary
school teachers or vocational or technical teachers, the
Secretary shall give priority to members who have edu-
cational or military experience in science, mathematics,
special education, or vocational or technical subjects and
agree to seek employment as science, mathematics, or spe-
cial education teachers in elementary or secondary schools
or in other schools under the jurisdiction of a local edu-
cational agency.
‘‘(e) OTHER CONDITIONS ON SELECTION.—
‘‘(1) SELECTION SUBJECT TO FUNDING.—The
Secretary may not select an eligible member or
former member of the Armed Forces to participate
in the Troops-to-Teachers Program under this sec-
tion and receive financial assistance under section
2043 unless the Secretary has sufficient appropria-
tions for the Program available at the time of the
selection to satisfy the obligations to be incurred by
the United States under section 2043 with respect
to the member.
334
‘‘(2) RESERVE
COMMITMENT
AGREEMENT.—
The Secretary may not select an eligible member or
former member of the Armed Forces described in
subsection (a)(2)(A) to participate in the Troops-to-
Teachers Program under this section and receive fi-
nancial assistance under section 2043 unless—
‘‘(A) the Secretary notifies the Secretary
concerned and the member that the Secretary
has reserved a full stipend or bonus under sec-
tion 2043 for the member; and
‘‘(B) the member executes a written agree-
ment with the Secretary concerned to serve as
a member of the Selected Reserve of a reserve
component of the Armed Forces for a period of
three years (in addition to any other reserve
commitment the member may have).
‘‘SEC. 2043. PARTICIPATION AGREEMENT AND FINANCIAL
ASSISTANCE.
‘‘(a) 
PARTICIPATION
AGREEMENT.—An 
eligible
member or former member of the Armed Forces selected
to participate in the Troops-to-Teachers Program under
section 2042 and receive financial assistance under this
section shall be required to enter into an agreement with
the Secretary in which the member agrees—
335
‘‘(1) to obtain, within such time as the Sec-
retary may require, certification or licensure as an
elementary school teacher, secondary school teacher,
or vocational or technical teacher; and
‘‘(2) to accept an offer of full-time employment
as an elementary school teacher, secondary school
teacher, or vocational or technical teacher for not
less than three school years with a local educational
agency or public charter school, to begin the school
year after obtaining that certification or licensure.
‘‘(b) VIOLATION
OF PARTICIPATION AGREEMENT;
EXCEPTIONS.—A participant in the Troops-to-Teachers
Program shall not be considered to be in violation of the
participation agreement entered into under subsection (a)
during any period in which the participant—
‘‘(1) is pursuing a full-time course of study re-
lated to the field of teaching at an institution of
higher education;
‘‘(2) is serving on active duty as a member of
the Armed Forces;
‘‘(3) is temporarily totally disabled for a period
of time not to exceed three years as established by
sworn affidavit of a qualified physician;
337
full-time employment as an elementary school teach-
er, secondary school teacher, or vocational or tech-
nical teacher for not less than three years in a high
need school.
‘‘(2) LIMITATION.—The total number of bo-
nuses that may be paid under paragraph (1) in any
fiscal year may not exceed 1,000.
‘‘(3) HIGH NEED SCHOOL DEFINED.—For pur-
poses of this subsection, the term ‘high need school’
means a public elementary school, public secondary
school, or public charter school that meets one or
more of the following criteria:
‘‘(A) At least 50 percent of the students
enrolled in the school were children counted
under subsection (c) of section 1124 for pur-
poses of making grants under such section to
local educational agencies, when such counting
was most recently performed.
‘‘(B) The school has a large percentage of
students who qualify for assistance under part
B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.).
‘‘(C) The school meets any other criteria
established by the Secretary in consultation
with the National Assessment Governing Board.
338
‘‘(e) TREATMENT OF STIPEND AND BONUS.—A sti-
pend or bonus paid under this section to a participant in
the Troops-to-Teachers Program shall be taken into ac-
count in determining the eligibility of the participant for
Federal student financial assistance provided under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.).
‘‘(f) 
REIMBURSEMENT
UNDER
CERTAIN
CIR-
CUMSTANCES.—
‘‘(1) REIMBURSEMENT REQUIRED.—A partici-
pant in the Troops-to-Teachers Program who is paid
a stipend or bonus under this section shall be re-
quired to repay the stipend or bonus under the fol-
lowing circumstances:
‘‘(A) The participant fails to obtain teach-
er certification or licensure or employment as
an elementary school teacher, secondary school
teacher, or vocational or technical teacher as re-
quired by the participation agreement under
subsection (a).
‘‘(B) The participant voluntarily leaves, or
is terminated for cause, from employment as an
elementary school teacher, secondary school
teacher, or vocational or technical teacher dur-
339
ing the three years of required service in viola-
tion of the participation agreement.
‘‘(C) The participant executed a written
agreement with the Secretary concerned under
section 2042(e)(2) to serve as a member of a
reserve component of the Armed Forces for a
period of three years and fails to complete the
required term of service.
‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici-
pant required to reimburse the Secretary for a sti-
pend or bonus paid to the participant under this sec-
tion shall pay an amount that bears the same ratio
to the amount of the stipend or bonus as the
unserved portion of required service bears to the
three years of required service. Any amount owed by
the participant shall bear interest at the rate equal
to the highest rate being paid by the United States
on the day on which the reimbursement is deter-
mined to be due for securities having maturities of
ninety days or less and shall accrue from the day on
which the participant is first notified of the amount
due.
‘‘(3) TREATMENT OF OBLIGATION.—The obliga-
tion to reimburse the Secretary under this sub-
section is, for all purposes, a debt owing the United
340
States. A discharge in bankruptcy under title 11,
United States Code, shall not release a participant
from the obligation to reimburse the Secretary.
‘‘(4) EXCEPTIONS
TO
REIMBURSEMENT
RE-
QUIREMENT.—A participant shall be excused from
reimbursement under this subsection if the partici-
pant becomes permanently totally disabled as estab-
lished by sworn affidavit of a qualified physician.
The Secretary may also waive reimbursement in
cases of extreme hardship to the participant, as de-
termined by the Secretary.
‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE
UNDER MONTGOMERY GI BILL.—The receipt by a partic-
ipant in the Troops-to-Teachers Program of a stipend or
bonus under this section shall not reduce or otherwise af-
fect the entitlement of the participant to any benefits
under chapter 30 of title 38, United States Code, or chap-
ter 1606 of title 10, United States Code.
‘‘SEC. 2044. PARTICIPATION BY STATES.
‘‘(a) DISCHARGE OF STATE ACTIVITIES THROUGH
CONSORTIA
OF STATES.—The Secretary may permit
States participating in the Troops-to-Teachers Program to
carry out activities authorized for such States under the
Program through one or more consortia of such States.
‘‘(b) ASSISTANCE TO STATES.—
341
‘‘(1) GRANTS AUTHORIZED.—Subject to para-
graph (2), the Secretary may make grants to States
participating in the Troops-to-Teachers Program, or
to consortia of such States, in order to permit such
States or consortia of States to operate offices for
purposes of recruiting eligible members and former
members of the Armed Forces for participation in
the Program and facilitating the employment of par-
ticipants in the Program as elementary school teach-
ers, secondary school teachers, and vocational or
technical teachers.
‘‘(2) LIMITATION.—The total amount of grants
under paragraph (1) in any fiscal year may not ex-
ceed $4,000,000.
‘‘SEC. 2045. SUPPORT OF INNOVATIVE PRERETIREMENT
TEACHER CERTIFICATION PROGRAMS.
‘‘(a) DEVELOPMENT, IMPLEMENTATION AND DEM-
ONSTRATION.—The Secretary may enter into a memo-
randum of agreement with a State, an institution of high-
er education, or a consortia of States or institutions of
higher education, to develop, implement, and demonstrate
teacher certification programs for members of the Armed
Forces described in section 2042(a)(1)(B) for the purpose
of assisting such members to consider and prepare for a
career as an elementary school teacher, secondary school
342
teacher, or vocational or technical teacher upon their re-
tirement from the Armed Forces.
‘‘(b) PROGRAM ELEMENTS.—A teacher certification
program under subsection (a) must—
‘‘(1) provide recognition of military experience
and training as related to licensure or certification
requirements;
‘‘(2) provide courses of instruction that may be
conducted on or near a military installation;
‘‘(3) incorporate alternative approaches to
achieve teacher certification, such as innovative
methods to gaining field-based teaching experiences,
and assessment of background and experience as re-
lated to skills, knowledge, and abilities required of
elementary school teachers, secondary school teach-
ers, or vocational or technical teachers;
‘‘(4) provide for courses to also be delivered via
distance education methods; and
‘‘(5) address any additional requirements or
specifications as established by the Secretary.
‘‘(c) APPLICATION PROCEDURES.—A State or insti-
tution of higher education (or a consortia of States or in-
stitutions of higher education) that has a program leading
to State approved teacher certification programs may sub-
mit a proposal to the Secretary for consideration under
343
subsection (a). The Secretary shall give preference to pro-
posals that provide for a sharing of the costs to carry out
the teacher certification program.
‘‘(d) CONTINUATION OF PROGRAMS.—The purpose of
this section is to provide funding to develop, implement,
and demonstrate teacher certification programs under
subsection (a). Upon successful completion of the dem-
onstration phase, the continued operation of the teacher
certification programs shall not be the responsibility of the
Secretary.
‘‘(e) FUNDING LIMITATION.—The total amount obli-
gated by the Secretary under this section in any fiscal year
may not exceed $5,000,000.
‘‘SEC. 2046. REPORTING REQUIREMENTS.
‘‘(a) REPORT REQUIRED.—Not later than March 31
of each year, the Secretary (in consultation with the Sec-
retary of Defense and the Secretary of Transportation)
and the Comptroller General shall each submit to Con-
gress a report on the effectiveness of the Troops-to-Teach-
ers Program in the recruitment and retention of qualified
personnel by local educational agencies and public charter
schools.
‘‘(b) ELEMENTS OF REPORT.—The report under sub-
section (a) shall include information on the following:
344
‘‘(1) The number of participants in the Troops-
to-Teachers Program.
‘‘(2) The schools in which the participants are
employed.
‘‘(3) The grade levels at which the participants
teach.
‘‘(4) The subject matters taught by the partici-
pants.
‘‘(5) The rates of retention of the participants
by the local educational agencies and public charter
schools employing the participants.
‘‘(6) Such other matters as the Secretary or the
Comptroller General, as the case may be, considers
appropriate.
‘‘(c) RECOMMENDATIONS.—The report of the Comp-
troller General under this section shall also include any
recommendations of the Comptroller General regarding
any means of improving the Troops-to-Teachers Program,
including means of enhancing the recruitment and reten-
tion of participants in the Program.
‘‘SEC. 2047. DEFINITIONS.
‘‘For purposes of this subpart:
‘‘(1) 
ARMED
FORCES.—The 
term 
‘Armed
Forces’ means the Army, Navy, Air Force, Marine
Corps, and Coast Guard.
345
‘‘(2) PROGRAM.—The term ‘Program’ means
the Troops-to-Teachers Program authorized by this
subpart.
‘‘(3) RESERVE COMPONENT.—The term ‘reserve
component’ means—
‘‘(A) the Army National Guard of the
United States;
‘‘(B) the Army Reserve;
‘‘(C) the Naval Reserve;
‘‘(D) the Marine Corps Reserve;
‘‘(E) the Air National Guard of the United
States;
‘‘(F) the Air Force Reserve; and
‘‘(G) the Coast Guard Reserve.
‘‘(4) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means—
‘‘(A) the Secretary of the Army, with re-
spect to matters concerning a reserve compo-
nent of the Army;
‘‘(B) the Secretary of the Navy, with re-
spect to matters concerning a reserve compo-
nent of the Navy;
‘‘(C) the Secretary of the Air Force, with
respect to matters concerning a reserve compo-
nent of the Air Force; and
346
‘‘(D) the Secretary of Transportation, with
respect to matters concerning the Coast Guard
Reserve.
‘‘Subpart 5—Funding
‘‘SEC. 2051. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—For the purpose of carrying out
this part, other than subpart 4, there are authorized to
be appropriated $2,600,000,000 for fiscal year 2002 and
such sums as may be necessary for each of fiscal years
2003 through 2006.
‘‘(b) SUBPART 4.—For the purpose of carrying out
subpart 4, there are authorized to be appropriated
$30,000,000 for fiscal year 2002 and such sums as may
be necessary for each of fiscal years 2003 through 2006.
‘‘Subpart 6—General Provisions
‘‘SEC. 2061. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) ARTS AND SCIENCES.—The term ‘arts and
sciences’ means—
‘‘(A) when referring to an organizational
unit of an institution of higher education, any
academic unit that offers one or more academic
majors in disciplines or content areas cor-
responding to the academic subject matter
areas in which teachers provide instruction; and
347
‘‘(B) when referring to a specific academic
subject matter area, the disciplines or content
areas in which academic majors are offered by
the arts and sciences organizational unit.
‘‘(2) BEGINNING TEACHER.—The term ‘begin-
ning teacher’ means an educator in a public school
who has not yet been teaching 3 full school years.
‘‘(3) MENTORING PROGRAM.—The term ‘men-
toring program’ means to provide professional sup-
port and development, instruction, and guidance to
beginning teachers, but does not include a teacher or
individual who begins to work in a supervisory posi-
tion.
‘‘(4) PUBLICLY
REPORT.—The term ‘publicly
report’, when used with respect to the dissemination
of information, means that the information is made
widely available to the public, including parents and
students, through such means as the Internet and
major print and broadcast media outlets.
‘‘SEC. 2062. PROVISIONS RELATED TO PRIVATE SCHOOLS.
‘‘The provisions of sections 8503 through 8506 apply
to programs under this part.
348
‘‘PART B—TEACHER LIABILITY PROTECTION
‘‘SEC. 2101. TEACHER IMMUNITY.
‘‘(a) IMMUNITY.—Notwithstanding any other provi-
sion of law, no school board member of, or teacher or ad-
ministrator in, a local educational agency that receives
funds under this Act shall be liable for monetary damages
in his or her personal capacity for an action that was
taken in carrying out his or her official duties and in-
tended to maintain school discipline, so long as that action
was not prohibited under State or local law and did not
constitute reckless or criminal misconduct.
‘‘(b) LIMITATION.—The immunity established under
subsection (a) shall apply only to liability arising under
Federal law.’’.
TITLE III—EDUCATION OF LIM-
ITED ENGLISH PROFICIENT
CHILDREN; 
INDIAN 
AND
ALASKA NATIVE EDUCATION
PART A—EDUCATION OF LIMITED ENGLISH
PROFICIENT CHILDREN
SEC. 301. PROGRAMS AUTHORIZED.
(a) TITLE HEADING.—The heading for title III is
amended to read as follows:
349
‘‘TITLE III—EDUCATION OF LIM-
ITED ENGLISH PROFICIENT
CHILDREN; 
INDIAN 
AND
ALASKA NATIVE EDUCATION’’.
(b) SHORT TITLE.—Section 3101 (20 U.S.C. 6801)
is repealed.
(c) LIMITATION
ON
AVAILABILITY
OF
CERTAIN
FUNDS FOR SCHOOLS.—Section 3601 (20 U.S.C. 7001)—
(1) is transferred to part B of title V (as
amended by section 501) and inserted after section
5204 (as so amended);
(2) is redesignated as section 5205; and
(3) is amended by striking ‘‘this title’’ each
place such term appears and inserting ‘‘this part’’.
(d) LIMITED ENGLISH PROFICIENT CHILDREN.—
Parts A through E of title III (20 U.S.C. 6811 et seq.)
are amended to read as follows:
‘‘PART A—EDUCATION OF LIMITED ENGLISH
PROFICIENT CHILDREN
‘‘Subpart 1—English Language Education
‘‘SEC. 3101. SHORT TITLE.
‘‘This subpart may be cited as the ‘English Language
Proficiency and Academic Achievement Act’.
‘‘SEC. 3102. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds as follows:
350
‘‘(1) English is the common language of the
United States and every citizen and other person re-
siding in the United States should have a command
of the English language in order to develop to their
full potential.
‘‘(2) Limited English proficient children, in-
cluding recent immigrant children, must overcome a
number of challenges in receiving an education in
order to participate fully in American society,
including—
‘‘(A) segregated education programs;
‘‘(B) disproportionate and improper place-
ment in special education and other special pro-
grams due to the use of inappropriate evalua-
tion procedures;
‘‘(C) the limited English proficiency of
their own parents, which hinders the parents’
ability to fully participate in the education of
their children; and
‘‘(D) a need for additional teachers and
other staff who are professionally trained and
qualified to serve such children.
‘‘(3) States and local educational agencies need
assistance in developing the capacity to provide pro-
grams of instruction that offer and provide an equal
351
educational opportunity to children who need special
assistance because English is not their dominant
language.
‘‘(4) Native Americans, including native resi-
dents of the outlying areas, and Native American
languages (as such terms are defined in section 103
of the Native American Languages Act) have a
unique status under Federal law that requires spe-
cial policies within the broad purposes of this sub-
part to serve the educational needs of language mi-
nority students in the United States.
‘‘(5) Research, evaluation, and data collection
capabilities in the field of instruction for limited
English proficient children need to be strengthened
so that educators and other staff teaching limited
English proficient children in the classroom can bet-
ter identify and promote programs, program imple-
mentation strategies, and instructional practices that
result in the effective education of limited English
proficient children.
‘‘(b) PURPOSES.—The purposes of this part are—
‘‘(1) to help ensure that children who are lim-
ited English proficient, including recent immigrant
children, attain English proficiency, develop high lev-
els of academic attainment in English, and meet the
352
same challenging State content standards and chal-
lenging State student achievement standards ex-
pected of all children;
‘‘(2) to develop high-quality programs designed
to assist local educational agencies in teaching lim-
ited English proficient children;
‘‘(3) to assist local educational agencies to de-
velop and enhance their capacity to provide high-
quality instructional programs designed to prepare
limited English proficient students, including recent
immigrant students, to enter all-English instruc-
tional settings within 3 years; and
‘‘(4) to provide State educational agencies and
local educational agencies with the flexibility to im-
plement instructional programs, tied to scientifically
based research, that the agencies believe to be the
most effective for teaching English.
‘‘SEC. 3103. PARENTAL NOTIFICATION AND CONSENT FOR
ENGLISH LANGUAGE INSTRUCTION.
‘‘(a) NOTIFICATION.—If an eligible entity uses funds
under this subpart to provide English language instruction
to limited English proficient children, the entity shall in-
form a parent or the parents of a child participating in
an English language instruction program for limited
353
English proficient children assisted under this subpart
of—
‘‘(1) the reasons for the identification of the
child as being in need of English language instruc-
tion;
‘‘(2) the child’s level of English proficiency, how
such level was assessed, and the status of the child’s
academic achievement;
‘‘(3) how the English language instruction pro-
gram will specifically help the child acquire English
and meet age-appropriate standards for grade pro-
motion and graduation;
‘‘(4) what the specific exit requirements are for
the program;
‘‘(5) the expected rate of transition from the
program into a classroom that is not tailored for
limited English proficient children; and
‘‘(6) the expected rate of graduation from high
school for the program if funds under this part are
used for children in secondary schools.
‘‘(b) CONSENT.—
‘‘(1) IN GENERAL.—A parent or the parents of
a limited English proficient child who is identified
for participation in an English language instruction
354
program for limited English proficient children as-
sisted under this subpart shall—
‘‘(A) sign a form consenting to the stu-
dent’s placement in such a program prior to
such time as the student is enrolled in the pro-
gram; and
‘‘(B) select among methods of instruction,
if more than 1 method is offered in the pro-
gram.
‘‘(2) REMOVAL FROM PROGRAM UPON PAREN-
TAL REQUEST.—A parent or the parents of a limited
English proficient child who is participating in an
English language instruction program for limited
English proficient children assisted under this sub-
part shall have the right to have their child imme-
diately removed from the program upon their re-
quest.
‘‘(c) RECEIPT OF INFORMATION.—A parent or the
parents of a limited English proficient child who is identi-
fied for participation in an English language instruction
program for limited English proficient children assisted
under this subpart shall receive, in a manner and form
understandable to the parent or parents, the information
required by this subsection. At a minimum, the parent or
parents shall receive—
355
‘‘(1) timely information about English language
instruction programs for limited English proficient
children assisted under this subpart;
‘‘(2) if a parent of a participating child so de-
sires, notice of opportunities for regular meetings for
the purpose of formulating and responding to rec-
ommendations from such parents; and
‘‘(3) procedural information for removing a
child from a program for limited English proficient
children.
‘‘(d) BASIS FOR ADMISSION OR EXCLUSION.—Stu-
dents shall not be admitted to, or excluded from, any fed-
erally-assisted education program on the basis of a sur-
name or language-minority status.
‘‘SEC. 3104. TESTING OF LIMITED ENGLISH PROFICIENT
CHILDREN.
‘‘(a) IN GENERAL.—Assessments of limited English
proficient children participating in programs funded under
this subpart, to the extent practicable, shall be in the lan-
guage and form most likely to yield accurate and reliable
information on what such students know and can do in
content areas.
‘‘(b) SPECIAL RULE.—Notwithstanding subsection
(a), in the case of an assessment of reading or language
arts of any student who has attended school in the United
356
States (excluding Puerto Rico) for 3 or more consecutive
school years, the assessment shall be in the form of a test
written in English, except that, if the eligible entity deter-
mines, on a case-by-case individual basis, that assessments
in another language and form would likely yield more ac-
curate and reliable information on what such students
know and can do, the eligible entity may assess such stu-
dents in the appropriate language other than English for
1 additional year.
‘‘SEC. 3105. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subpart, there
are authorized to be appropriated $460,000,000 for fiscal
year 2002 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
‘‘SEC. 3106. FORMULA GRANTS TO STATES.
‘‘(a) IN GENERAL.—In the case of each State that
in accordance with section 3108 submits to the Secretary
an application for a fiscal year, the Secretary shall make
a grant for the year to the State for the purposes specified
in subsection (b). The grant shall consist of the allotment
determined for the State under subsection (c).
‘‘(b) PURPOSES OF GRANTS.—
‘‘(1) REQUIRED
EXPENDITURES.—The Sec-
retary may make a grant under subsection (a) only
if the State involved agrees that the State will ex-
357
pend at least 95 percent of its allotment under sub-
section (c) for the purpose of making subgrants to
eligible entities to provide assistance to limited
English proficient children in accordance with sec-
tion 3109.
‘‘(2) AUTHORIZED EXPENDITURES.—Subject to
paragraph (3), a State that receives a grant under
subsection (a) may expend not more than 5 percent
of its allotment under subsection (c) for 1 or more
of the following purposes:
‘‘(A) Professional development and activi-
ties that assist personnel in meeting State and
local certification requirements for teaching lim-
ited English proficient children.
‘‘(B) Providing scholarships and fellow-
ships to students who agree to teach limited
English proficient children once they graduate.
‘‘(C) Planning, administration, and inter-
agency coordination related to the subgrants re-
ferred to in paragraph (1).
‘‘(D) Providing technical assistance and
other forms of assistance to local educational
agencies that—
‘‘(i) educate limited English proficient
children; and
358
‘‘(ii) are not receiving a subgrant
from a State under this subpart.
‘‘(E) Providing bonuses to subgrantees
whose performance has been exceptional in
terms of the speed with which children enrolled
in the subgrantee’s programs and activities at-
tain English language proficiency and meet
challenging State content standards and chal-
lenging State student achievement standards.
‘‘(3) LIMITATION ON ADMINISTRATIVE COSTS.—
In carrying out paragraph (2), a State that receives
a grant under subsection (a) may expend not more
than 2 percent of its allotment under subsection (c)
for the purposes described in paragraph (2)(C).
‘‘(c) DETERMINATION OF ALLOTMENT AMOUNTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under section 3105 to carry out this subpart
for each fiscal year, the Secretary shall reserve—
‘‘(A) .5 percent of such amount for pay-
ments to entities that are considered to be local
educational agencies under section 3107(a) for
activities approved by the Secretary;
‘‘(B) .5 percent of such amount for pay-
ments to outlying areas, to be allotted in ac-
cordance with their respective needs for assist-
359
ance under this subpart, as determined by the
Secretary, for activities, approved by the Sec-
retary, consistent with this subpart; and
‘‘(C) .5 percent of such amount for pay-
ments to the Commonwealth of Puerto Rico for
activities, approved by the Secretary, consistent
with this subpart.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) IN GENERAL.—From the amount ap-
propriated under section 3105 to carry out this
subpart for each fiscal year that remains after
making the reservations described in paragraph
(1), the Secretary shall allot to each State an
amount which bears the same ratio to such
amount as the total number of children who are
limited English proficient and who reside in the
State bears to the total number of such children
residing in all States that, in accordance with
section 3108, submit to the Secretary an appli-
cation for the year.
‘‘(B) HOLD
HARMLESS
AMOUNTS.—For
fiscal year 2002, and for each of the 4 suc-
ceeding fiscal years, notwithstanding subpara-
graph (A), the total amount allotted to each
State under such subparagraph shall be not less
360
than 85 percent of the total amount the State
and entities within the State received for the
previous fiscal year under—
‘‘(i) parts A and B of title VII (as
such parts were in effect on the day before
the date of the enactment of the No Child
Left Behind Act of 2001); or
‘‘(ii) this subpart.
‘‘(C) REALLOCATION.—
‘‘(i) IN GENERAL.—If any State does
not submit to the Secretary an application
for a fiscal year, or submits an application
(or any modification to an application)
that the Secretary, after reasonable notice
and opportunity for a hearing, determines
does not satisfy the requirements of this
subpart, the Secretary—
‘‘(I) shall endeavor to make that
State’s allotment available on a com-
petitive basis to specially qualified
agencies within the State that satisfy
the requirements applicable to eligible
entities under section 3109 and any
additional requirements that may be
imposed by the Secretary; and
361
‘‘(II) shall reallot any portion of
such allotment remaining after the
application of subclause (I) to the re-
maining States in accordance with
subparagraph (A).
‘‘(ii) REQUIREMENTS
ON
SPECIALLY
QUALIFIED
AGENCIES.—If 
a 
specially
qualified agency receives funds under this
subparagraph, the requirements of sub-
section (b) shall not apply to the agency.
In lieu of those requirements, the specially
qualified agency shall expend the funds for
the authorized activities described in sec-
tion 3109(b) and otherwise shall satisfy
the requirements of section 3109.
‘‘(D) DEFINITION.—In this paragraph, the
term ‘State’ means each of the 50 States and
the District of Columbia.
‘‘(3) USE
OF
STATE
DATA
FOR
DETERMINA-
TIONS.—For purposes of paragraph (2), any deter-
mination of the number of children who are limited
English proficient and reside in a State shall be
made using the most recent limited English pro-
ficient school enrollment data available to, and re-
ported to the Secretary by, the State. The State
362
shall provide assurances to the Secretary that such
data are valid and reliable. In a case described in
paragraph (2)(C), specially qualified agencies apply-
ing for a State’s allotment shall satisfy the require-
ments of this paragraph to the maximum extent
practicable.
‘‘(4) NO
REDUCTION
PERMITTED
BASED
ON
TEACHING METHOD.—The Secretary may not reduce
a State’s allotment based on the State’s selection of
the immersion method of instruction as its preferred
method of teaching the English language to children
who are limited English proficient.
‘‘SEC. 3107. NATIVE AMERICAN AND ALASKA NATIVE CHIL-
DREN IN SCHOOL.
‘‘(a) ELIGIBLE ENTITIES.—For the purpose of car-
rying out programs under this subpart for individuals
served by elementary, secondary, and postsecondary
schools operated predominately for Native American or
Alaska Native children, the following shall be considered
to be a local educational agency:
‘‘(1) An Indian tribe.
‘‘(2) A tribally sanctioned educational author-
ity.
363
‘‘(3) A Native Hawaiian or Native American
Pacific Islander native language educational organi-
zation.
‘‘(4) An elementary or secondary school that is
operated or funded by the Bureau of Indian Affairs,
or a consortium of such schools.
‘‘(5) An elementary or secondary school oper-
ated under a contract with or grant from the Bu-
reau of Indian Affairs, in consortium with another
such school or a tribal or community organization.
‘‘(6) An elementary or secondary school oper-
ated by the Bureau of Indian Affairs and an institu-
tion of higher education, in consortium with an ele-
mentary or secondary school operated under a con-
tract with or grant from the Bureau of Indian Af-
fairs or a tribal or community organization.
‘‘(b) SUBMISSION
OF APPLICATIONS
FOR ASSIST-
ANCE.—Notwithstanding any other provision of this sub-
part, an entity that is considered to be a local educational
agency under subsection (a), and that desires to submit
an application for Federal financial assistance under this
subpart, shall submit the application to the Secretary. In
all other respects, such an entity shall be eligible for a
grant under this subpart on the same basis as any other
local educational agency.
364
‘‘SEC. 3108. APPLICATIONS BY STATES.
‘‘For purposes of section 3106, an application sub-
mitted by a State for a grant under such section for a
fiscal year is in accordance with this section if the
application—
‘‘(1) describes the process that the State will
use in making subgrants to eligible entities under
this subpart;
‘‘(2) contains an agreement that the State—
‘‘(A) will provide 1 year of funding for an
application for a subgrant under section 3109
from an eligible entity that describes a program
that, on the day preceding the date of the en-
actment of the No Child Left Behind Act of
2001, was receiving funding under a grant—
‘‘(i) awarded by the Secretary under
subpart 1 or 3 of part A of the Bilingual
Education Act (as such Act was in effect
on such day); and
‘‘(ii) that was not under its terms due
to expire before a period of 1 year or more
had elapsed; and
‘‘(B) after such 1-year extension, will give
special consideration to such applications if the
period of their award would not yet otherwise
365
have expired if the No Child Left Behind Act
of 2001 had not been enacted;
‘‘(3) contains an agreement that, in carrying
out this subpart, the State will address the needs of
school systems of all sizes and in all geographic
areas, including rural and urban schools;
‘‘(4) contains an agreement that subgrants to
eligible entities under section 3109 shall be of suffi-
cient size and scope to allow such entities to carry
out high quality education programs for limited
English proficient children;
‘‘(5) contains an agreement that the State will
coordinate its programs and activities under this
subpart with its other programs and activities under
this Act and other Acts, as appropriate;
‘‘(6) contains an agreement that the State—
‘‘(A) shall monitor the progress of students
enrolled in programs and activities receiving as-
sistance under this subpart in attaining English
proficiency and in attaining challenging State
content 
standards 
and 
challenging 
State
achievement standards;
‘‘(B) shall establish standards and bench-
marks for English language development that
366
are aligned with State content and achievement
standards;
‘‘(C) subject to subparagraph (D), after
the 1-year period described in such subpara-
graph, shall withdraw funding from such pro-
grams and activities in cases where 75 percent
of students are not attaining English pro-
ficiency and attaining challenging State content
standards and challenging State achievement
standards after 3 academic years of enrollment
based on the evaluation measures in section
3121(d); and
‘‘(D) shall provide technical assistance to
eligible entities that fail to satisfy the criterion
in subparagraph (C) for 1 year prior to the
withdrawal of funding under such subpara-
graph;
‘‘(7) contains an assurance that the State will
develop high-quality annual assessments to measure
English language proficiency and require eligible en-
tities receiving a subgrant under section 3109 annu-
ally to assess the English proficiency of all children
with limited English proficiency participating in a
program funded under this subpart;
367
‘‘(8) contains an agreement that the State will
develop annual performance objectives for raising
the level of English proficiency of each limited
English proficient student, and that these objectives
shall include percentage increases in performance on
annual assessments in reading, writing, speaking,
and listening comprehension as compared to the pre-
ceding school year; and
‘‘(9) contains an agreement that the State will
require eligible entities receiving a grant under this
subpart to use the grant in ways that will build such
recipient’s capacity to continue to offer high-quality
English language instruction and programs which
assist limited English proficient children in attaining
challenging State content standards and challenging
State achievement standards once assistance under
this subpart is no longer available.
‘‘SEC. 3109. SUBGRANTS TO ELIGIBLE ENTITIES.
‘‘(a) PURPOSES OF SUBGRANTS.—A State may make
a subgrant to an eligible entity from funds received by
the State under this subpart only if the entity agrees to
expend the funds to improve the education of limited
English proficient children and their families, through the
acquisition of English and the attainment of challenging
State academic content standards and challenging State
368
achievement standards, using approaches and methodolo-
gies based on scientifically based reading research and
sound research and theory on teaching limited English
proficient children, by—
‘‘(1) developing and implementing new English
language and academic content instructional pro-
grams for children who are limited English pro-
ficient, including programs of early childhood edu-
cation and kindergarten through 12th grade edu-
cation;
‘‘(2) carrying out highly focused, innovative, lo-
cally designed projects to expand or enhance existing
English language and academic content instruction
programs for limited English proficient children;
‘‘(3) implementing, within an individual school,
schoolwide programs for restructuring, reforming,
and upgrading all relevant programs and operations
relating to English language and academic content
instruction for limited English proficient students;
or
‘‘(4) implementing, within the entire jurisdic-
tion of a local educational agency, agencywide pro-
grams for restructuring, reforming, and upgrading
all relevant programs and operations relating to
369
English language and academic content instruction
for limited English proficient students.
‘‘(b) AUTHORIZED SUBGRANTEE ACTIVITIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a
State may make a subgrant to an eligible entity
from funds received by the State under this subpart
in order that the eligible entity may achieve 1 of the
purposes described in subsection (a) by undertaking
1 or more of the following activities to improve the
understanding, and use, of the English language,
based on a child’s learning skills:
‘‘(A) Upgrading program objectives and ef-
fective instructional strategies.
‘‘(B) Improving the instruction program
for limited English proficient students by iden-
tifying, acquiring, and upgrading curricula, in-
structional materials, educational software, and
assessment procedures.
‘‘(C) Providing—
‘‘(i) tutorials and academic or voca-
tional education for limited English pro-
ficient children; and
‘‘(ii) intensified instruction.
‘‘(D) Developing and implementing elemen-
tary or secondary school English language in-
370
structional programs that are coordinated with
other relevant programs and services.
‘‘(E) Providing professional development to
classroom teachers, principals, administrators,
and other school or community-based organiza-
tional personnel to improve the instruction and
assessment of children who are limited English
proficient children.
‘‘(F) Improving the English language pro-
ficiency and academic performance of limited
English proficient children.
‘‘(G) Improving the instruction of limited
English proficient children by providing for the
acquisition or development of education tech-
nology or instructional materials, access to and
participation in electronic networks for mate-
rials, training and communications, and incor-
poration of such resources in curricula and pro-
grams, such as those funded under this sub-
part.
‘‘(H) Developing tutoring programs for
limited English proficient children that provide
early intervention and intensive instruction in
order to improve academic achievement, to in-
crease graduation rates among limited English
371
proficient children, and to prepare students for
transition as soon as possible into classrooms
where instruction is not tailored for limited
English proficient children.
‘‘(I) Providing family literacy services and
parent outreach and training activities to lim-
ited English proficient children and their fami-
lies to improve their English language skills and
assist parents in helping their children to im-
prove their academic performance.
‘‘(J) Other activities that are consistent
with the purposes of this subpart.
‘‘(2) MOVING CHILDREN OUT OF SPECIALIZED
CLASSROOMS.—Any program or activity undertaken
by an eligible entity using a subgrant from a State
under this subpart shall be designed to assist stu-
dents enrolled in the program or activity to attain
English proficiency and meet challenging State con-
tent standards and challenging State achievement
standards as soon as possible, but not later than
after 3 consecutive years of school attendance, and
to move into a classroom where instruction is not
tailored for limited English proficient children.
‘‘(c) SELECTION OF METHOD OF INSTRUCTION.—To
receive a subgrant from a State under this subpart, an
372
eligible entity shall select 1 or more methods or forms of
instruction to be used in the programs and activities un-
dertaken by the entity to assist limited English proficient
children to attain English proficiency and meet chal-
lenging State content standards and challenging State stu-
dent achievement standards. Such selection shall be con-
sistent with sections 3134 and 3135.
‘‘(d) DURATION OF SUBGRANTS.—The duration of a
subgrant made by a State under this section shall be de-
termined by the State in its discretion.
‘‘(e) APPLICATIONS BY ELIGIBLE ENTITIES.—
‘‘(1) IN GENERAL.—To receive a subgrant from
a State under this subpart, an eligible entity shall
submit an application to the State at such time, in
such form, and containing such information as the
State may require.
‘‘(2) REQUIRED DOCUMENTATION.—The appli-
cation shall—
‘‘(A) describe the programs and activities
proposed to be developed, implemented, and ad-
ministered under the subgrant;
‘‘(B) describe how the eligible entity will
use the subgrant funds to satisfy the require-
ment in subsection (b)(2);
373
‘‘(C) describe how the eligible entity will
hold elementary schools and secondary schools
accountable for—
‘‘(i) meeting such achievement goals;
and
‘‘(ii) making adequate yearly progress
with limited English proficient students in
the core academic subjects as described in
section 1111(b)(2); and
‘‘(D) describe how the eligible entity will
use the disaggregated results of the student as-
sessments required under section 1111(b)(4),
and other measures or indicators available to
the entity, to review annually the progress of
each school served by the agency under this
part and under title I to determine whether the
schools 
are 
making 
the 
adequate 
yearly
progress necessary to ensure that limited
English 
proficient 
students 
attending 
the
schools will meet the State’s proficient level of
performance on the State assessment described
in section 1111(b)(4) within 10 years after the
date of enactment of the No Child Left Behind
Act of 2001.
374
‘‘(3) REQUIREMENTS FOR APPROVAL.—The ap-
plication shall contain assurances that—
‘‘(A) the eligible entity will use qualified
personnel who have appropriate training and
professional credentials in teaching English to
children who are limited English proficient, and
who are proficient in English, including written
and oral communication skills;
‘‘(B) if the eligible entity includes 1 or
more local educational agencies, each such
agency is complying with section 3103(b) prior
to, and throughout, each school year;
‘‘(C) the eligible entity annually will assess
the English proficiency of all children with lim-
ited English proficiency participating in pro-
grams funded under this subpart;
‘‘(D) the eligible entity has based its pro-
posal on scientifically based reading research
and sound research and theory on teaching lim-
ited English proficient children;
‘‘(E) the eligible entity has described in the
application how students enrolled in the pro-
grams and activities proposed in the application
will be fluent in English after 3 academic years
of enrollment;
375
‘‘(F) the eligible entity will ensure that
programs will enable children to speak, read,
write, and comprehend the English language
and meet challenging State content and chal-
lenging State achievement standards; and
‘‘(G) the eligible entity is not in violation
of any State law, including State constitutional
law, regarding the education of limited English
proficient children, consistent with sections
3134 and 3135.
‘‘(4) QUALITY.—In determining which applica-
tions to select for approval, a State shall consider
the quality of each application and ensure that it is
of sufficient size and scope to meet the purposes of
this subpart.
‘‘SEC. 3110. DISTRIBUTION OF GRANTS TO ELIGIBLE ENTI-
TIES.
‘‘(a) IN GENERAL.—Subject to subsection (b), a
State receiving a grant under this subpart shall distribute
subgrants to eligible entities on a competitive basis.
‘‘(b) PRIORITY.—In distributing subgrants to eligible
entities, a State receiving a grant under this subpart shall
give priority to an eligible entity that is, or includes as
a participant, a local educational agency that—
376
‘‘(1) enrolls a large percentage or a large num-
ber of children who are limited English proficient, as
compared to the enrollments of other local edu-
cational agencies that are seeking a subgrant; and
‘‘(2) is in need of assistance in order to address
a need brought about through a significant increase,
as compared to the previous 2 years, in the percent-
age or number of children who are limited English
proficient in a school or in the agency, including
schools and agencies in areas with low concentra-
tions of such children.
‘‘Subpart 2—Administration
‘‘SEC. 3121. EVALUATIONS.
‘‘(a) IN GENERAL.—Each eligible entity that receives
a subgrant from a State under subpart 1 shall provide
the State, at the conclusion of every second fiscal year
during which the subgrant is received, with an evaluation,
in a form prescribed by the State, of—
‘‘(1) the programs and activities conducted by
the entity with funds received under subpart 1 dur-
ing the 2 immediately preceding fiscal years;
‘‘(2) the progress made by students in learning
the English language and meeting challenging State
content standards and challenging State student
achievement standards;
377
‘‘(3) the number and percentage of students in
the programs and activities attaining English lan-
guage proficiency by the end of each school year, as
determined by a valid and reliable assessment of
English proficiency; and
‘‘(4) the progress made by students in meeting
challenging State content and challenging State
achievement standards for each of the 2 years after
such students are no longer receiving services under
this part.
‘‘(b) USE OF EVALUATION.—An evaluation provided
by an eligible entity under subsection (a) shall be used
by the entity and the State—
‘‘(1) for improvement of programs and activi-
ties;
‘‘(2) to determine the effectiveness of programs
and activities in assisting children who are limited
English proficient to attain English proficiency (as
measured consistent with subsection (d)) and meet
challenging State content standards and challenging
State student achievement standards; and
‘‘(3) in determining whether or not to continue
funding for specific programs or projects.
378
‘‘(c) EVALUATION
COMPONENTS.—An evaluation
provided by an eligible entity under subsection (a) shall
include—
‘‘(1) an evaluation of whether students enrolling
in a program or activity conducted by the entity
with funds received under subpart 1—
‘‘(A) have attained English proficiency and
are meeting challenging State content stand-
ards and challenging State student achievement
standards; and
‘‘(B) have achieved a working knowledge of
the English language that is sufficient to per-
mit them to perform, in English, in a classroom
that is not tailored to limited English proficient
children; and
‘‘(2) such other information as the State may
require.
‘‘(d) EVALUATION MEASURES.—In prescribing the
form of an evaluation provided by an entity under sub-
section (a), a State shall approve evaluation measures, as
applicable, for use under subsection (c) that are designed
to assess—
‘‘(1) oral language proficiency in kindergarten;
‘‘(2) oral language proficiency, including speak-
ing and listening skills, in first grade;
379
‘‘(3) both oral language proficiency, including
speaking and listening skills, and reading and writ-
ing proficiency in grades 2 and higher; and
‘‘(4) attainment of challenging State achieve-
ment standards.
‘‘SEC. 3122. REPORTING REQUIREMENTS.
‘‘(a) STATES.—Based upon the evaluations provided
to a State under section 3121, each State that receives
a grant under subpart 1 shall prepare and submit every
second year to the Secretary a report on programs and
activities undertaken by the State under such subpart and
the effectiveness of such programs and activities in im-
proving the education provided to children who are limited
English proficient.
‘‘(b) SECRETARY.—Every second year, the Secretary
shall prepare and submit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pen-
sions of the Senate a report on—
‘‘(1) programs and activities undertaken by
States under subpart 1 and the effectiveness of such
programs and activities in improving the education
provided to children who are limited English pro-
ficient;
380
‘‘(2) the types of instructional programs used
under subpart 1 to teach limited English proficient
children;
‘‘(3) the number of programs or projects, if
any, that were terminated because they were not
able to reach program goals; and
‘‘(4) other information gathered from the re-
ports submitted under subsection (a).
‘‘SEC. 3123. COORDINATION WITH RELATED PROGRAMS.
‘‘In order to maximize Federal efforts aimed at serv-
ing the educational needs of children and youth of limited
English proficiency, the Secretary shall coordinate and en-
sure close cooperation with other programs serving lan-
guage-minority and limited English proficient students
that are administered by the Department and other agen-
cies.
‘‘Subpart 3—General Provisions
‘‘SEC. 3131. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) CHILDREN AND YOUTH.—The term ‘chil-
dren and youth’ means individuals aged 3 through
21.
‘‘(2) COMMUNITY-BASED ORGANIZATION.—The
term ‘community-based organization’ means a pri-
vate nonprofit organization of demonstrated effec-
381
tiveness or Indian tribe or tribally sanctioned edu-
cational authority which is representative of a com-
munity or significant segments of a community and
which provides educational or related services to in-
dividuals in the community. Such term includes a
Native Hawaiian or Native American Pacific Is-
lander native language educational organization.
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means—
‘‘(A) 1 or more local educational agencies;
or
‘‘(B) 1 or more local educational agencies
in collaboration with an institution of higher
education, community-based organization, or
State educational agency.
‘‘(4) NATIVE HAWAIIAN OR NATIVE AMERICAN
PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL
ORGANIZATION.—The term ‘Native Hawaiian or Na-
tive American Pacific Islander native language edu-
cational organization’ means a nonprofit organiza-
tion with a majority of its governing board and em-
ployees consisting of fluent speakers of the tradi-
tional Native American languages used in their edu-
cational programs and with not less than 5 years
382
successful experience in providing educational serv-
ices in traditional Native American languages.
‘‘(5) NATIVE
LANGUAGE.—The term ‘native
language’, when used with reference to an individual
who is limited English proficient, means the lan-
guage normally used by such individual.
‘‘(6) SPECIALLY
QUALIFIED
AGENCY.—The
term ‘specially qualified agency’, when used with re-
spect to a fiscal year, means an eligible entity lo-
cated in a State that, for that year—
‘‘(A) does not submit to the Secretary an
application under sections 3106(a) and 3108;
or
‘‘(B) submits an application (or any modi-
fication to an application) that the Secretary,
after reasonable notice and opportunity for a
hearing, determines does not satisfy the re-
quirements of subpart 1.
‘‘(7) TRIBALLY SANCTIONED EDUCATIONAL AU-
THORITY.—The term ‘tribally sanctioned educational
authority’ means—
‘‘(A) any department or division of edu-
cation operating within the administrative
structure of the duly constituted governing body
of an Indian tribe; and
383
‘‘(B) any nonprofit institution or organiza-
tion that is—
‘‘(i) chartered by the governing body
of an Indian tribe to operate a school de-
scribed in section 3107(a) or otherwise to
oversee the delivery of educational services
to members of the tribe; and
‘‘(ii) approved by the Secretary for
the purpose of carrying out programs
under subpart 1 for individuals served by
a school described in section 3107(a).
‘‘SEC. 3132. RULES OF CONSTRUCTION.
‘‘Nothing in subpart 1 shall be construed—
‘‘(1) to prohibit a local educational agency from
serving limited English proficient children and youth
simultaneously with students with similar edu-
cational needs, in the same educational settings
where appropriate;
‘‘(2) to require a State or a local educational
agency to establish, continue, or eliminate any par-
ticular type of instructional program for limited
English proficient children; or
‘‘(3) to limit the preservation or use of Native
American languages as defined in the Native Amer-
ican Languages Act of 1990.
384
‘‘SEC. 3133. LIMITATION ON FEDERAL REGULATIONS.
‘‘The Secretary shall issue regulations under this part
only to the extent that such regulations are necessary to
ensure compliance with the specific requirements of this
part.
‘‘SEC. 3134. LEGAL AUTHORITY UNDER STATE LAW.
‘‘Nothing in this part shall be construed to negate
or supersede the legal authority, under State law, of any
State agency, State entity, or State public official over
programs that are under the jurisdiction of the State
agency, entity, or official.
‘‘SEC. 3135. CIVIL RIGHTS.
‘‘Nothing in this part shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil
right.
‘‘SEC. 3136. PROGRAMS FOR NATIVE AMERICANS AND
PUERTO RICO.
‘‘Programs authorized under subpart 1 that serve
Native American children, Native Pacific Island children,
and children in the Commonwealth of Puerto Rico, not-
withstanding any other provision of subpart 1, may in-
clude programs of instruction, teacher training, cur-
riculum development, evaluation, and testing designed for
Native American children learning and studying Native
American languages and children of limited Spanish pro-
ficiency, except that a primary outcome of programs serv-
385
ing such children shall be increased English proficiency
among such children.’’.
SEC. 302. CONFORMING AMENDMENT TO DEPARTMENT OF
EDUCATION ORGANIZATION ACT.
(a) IN GENERAL.—The Department of Education
Organization Act is amended by striking ‘‘Office of Bilin-
gual Education and Minority Languages Affairs’’ each
place such term appears in the text and inserting ‘‘Office
of Educational Services for Limited English Proficient
Children’’.
(b) CLERICAL AMENDMENTS.—
(1) SECTION 209.—The section heading for sec-
tion 209 of the Department of Education Organiza-
tion Act is amended to read as follows:
‘‘OFFICE OF EDUCATIONAL SERVICES FOR LIMITED
ENGLISH PROFICIENT CHILDREN’’.
(2) SECTION 216.—The section heading for sec-
tion 216 of the Department of Education Organiza-
tion Act is amended to read as follows:
‘‘SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIM-
ITED ENGLISH PROFICIENT CHILDREN.’’.
(3) TABLE OF CONTENTS.—
(A) SECTION 209.—The table of contents
of the Department of Education Organization
Act is amended by amending the item relating
to section 209 to read as follows:
386
‘‘Sec. 209. Office of Educational Services for Limited English Proficient Chil-
dren.’’.
(B) SECTION 216.—The table of contents
of the Department of Education Organization
Act is amended by amending the item relating
to section 216 to read as follows:
‘‘Sec. 216. Office of Educational Services for Limited English Proficient Chil-
dren.’’.
PART B—INDIAN AND ALASKA NATIVE
EDUCATION
SEC. 311. ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.
(a) IN GENERAL.—Title III (as amended by section
301 of this Act) is further amended by adding at the end
the following new part:
‘‘PART B—INDIAN AND ALASKA NATIVE
EDUCATION
‘‘Subpart 1—Indian Education
‘‘SEC. 3201. FINDINGS.
‘‘Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults—
‘‘(A) are based on high-quality, inter-
nationally competitive content standards and
387
student performance standards and build on In-
dian culture and the Indian community;
‘‘(B) assist local educational agencies, In-
dian tribes, and other entities and individuals in
providing Indian students the opportunity to
achieve such standards; and
‘‘(C) meet the unique educational and cul-
turally related academic needs of American In-
dian and Alaska Native students;
‘‘(2) since the date of the enactment of the ini-
tial Indian Education Act in 1972, the level of in-
volvement of Indian parents in the planning, devel-
opment, and implementation of educational pro-
grams that affect such parents and their children
has increased significantly, and schools should con-
tinue to foster such involvement;
‘‘(3) although the number of Indian teachers,
administrators, and university professors has in-
creased since 1972, teacher training programs are
not recruiting, training, or retraining a sufficient
number of Indian individuals as educators to meet
the needs of a growing Indian student population in
elementary, secondary, vocational, adult, and higher
education;
388
‘‘(4) the dropout rate for Indian students is un-
acceptably high; 9 percent of Indian students who
were eighth graders in 1988 had dropped out of
school by 1990;
‘‘(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below
the poverty level increased from 24 percent to 31
percent, and the readiness of Indian children to
learn is hampered by the high incidence of poverty,
unemployment, and health problems among Indian
children and their families; and
‘‘(6) research related specifically to the edu-
cation of Indian children and adults is very limited,
and much of the research is of poor quality or is fo-
cused on limited local or regional issues.
‘‘SEC. 3202. PURPOSE.
‘‘(a) PURPOSE.—It is the purpose of this subpart to
support the efforts of local educational agencies, Indian
tribes and organizations, postsecondary institutions, and
other entities to meet the unique educational and cul-
turally related academic needs of American Indians and
Alaska Natives, so that such students can achieve to the
same challenging State performance standards expected of
all other students.
389
‘‘(b) PROGRAMS.—this subpart carries out the pur-
pose described in subsection (a) by authorizing programs
of direct assistance for—
‘‘(1) meeting the unique educational and cul-
turally related academic needs of American Indians
and Alaska Natives;
‘‘(2) the education of Indian children and
adults;
‘‘(3) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
‘‘(4) research, evaluation, data collection, and
technical assistance.
‘‘CHAPTER I—FORMULA GRANTS TO
LOCAL EDUCATIONAL AGENCIES
‘‘SEC. 3211. PURPOSE.
‘‘It is the purpose of this chapter to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students
in order to ensure that such programs—
‘‘(1) are based on challenging State content
standards and State student performance standards
that are used for all students; and
390
‘‘(2) are designed to assist Indian students in
meeting those standards and assist the Nation in
reaching the National Education Goals.
‘‘SEC. 3212. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) IN GENERAL.—
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local
educational agency shall be eligible for a grant under
this chapter for any fiscal year if the number of In-
dian children eligible under section 3217 and who
were enrolled in the schools of the agency, and to
whom the agency provided free public education,
during the preceding fiscal year—
‘‘(A) was at least 10; or
‘‘(B) constituted not less than 25 percent
of the total number of individuals enrolled in
the schools of such agency.
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or
Oklahoma, or with respect to any local educational
agency located on, or in proximity to, a reservation.
‘‘(b) INDIAN TRIBES.—
‘‘(1) IN GENERAL.—If a local educational agen-
cy that is eligible for a grant under this chapter does
not establish a parent committee under section
3214(c)(4) for such grant, an Indian tribe that rep-
391
resents not less than one-half of the eligible Indian
children who are served by such local educational
agency may apply for such grant.
‘‘(2) SPECIAL RULE.—The Secretary shall treat
each Indian tribe applying for a grant pursuant to
paragraph (1) as if such Indian tribe were a local
educational agency for purposes of this chapter, ex-
cept that any such tribe is not subject to section
3214(c)(4), section 3218(c), or section 3219.
‘‘SEC. 3213. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANT AWARDS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall
allocate to each local educational agency which has
an approved application under this chapter an
amount equal to the product of—
‘‘(A) the number of Indian children who
are eligible under section 3217 and served by
such agency; and
‘‘(B) the greater of—
‘‘(i) the average per pupil expenditure
of the State in which such agency is lo-
cated; or
‘‘(ii) 80 percent of the average per
pupil expenditure in the United States.
392
‘‘(2) REDUCTION.—The Secretary shall reduce
the amount of each allocation determined under
paragraph (1) in accordance with subsection (e).
‘‘(b) MINIMUM GRANT.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(e), a local educational agency or an Indian tribe (as
authorized under section 3212(b)) that is eligible for
a grant under section 3212, and a school that is op-
erated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (d), that
submits an application that is approved by the Sec-
retary, shall, subject to appropriations, receive a
grant under this chapter in an amount that is not
less than $3,000.
‘‘(2) CONSORTIA.—Local educational agencies
may form a consortium for the purpose of obtaining
grants under this chapter.
‘‘(3) INCREASE.—The Secretary may increase
the minimum grant under paragraph (1) to not
more than $4,000 for all grantees if the Secretary
determines such increase is necessary to ensure the
quality of the programs provided.
‘‘(c) DEFINITION.—For the purpose of this section,
the term ‘average per pupil expenditure of a State’ means
an amount equal to—
393
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the
State, plus any direct current expenditures by the
State for the operation of such agencies, without re-
gard to the sources of funds from which such local
or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the
computation is made; divided by
‘‘(2) the aggregate number of children who
were included in average daily attendance for whom
such agencies provided free public education during
such preceding fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE
BUREAU OF INDIAN AFFAIRS.—(1) Subject to subsection
(e), in addition to the grants awarded under subsection
(a), the Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of—
‘‘(A) the total number of Indian children en-
rolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe under
a contract with, or grant from, the Department
of the Interior under the Indian Self-Deter-
394
mination Act or the Tribally Controlled Schools
Act of 1988; and
‘‘(B) the greater of—
‘‘(i) the average per pupil expenditure of
the State in which the school is located; or
‘‘(ii) 80 percent of the average per pupil
expenditure in the United States.
‘‘(2) Any school described in paragraph (1)(A) that
wishes to receive an allocation under this chapter shall
submit an application in accordance with section 3214,
and shall otherwise be treated as a local educational agen-
cy for the purpose of this chapter, except that such school
shall not be subject to section 3214(c)(4), section 3218(c),
or section 3219.
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 3252(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a)(1) and for the Sec-
retary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
‘‘SEC. 3214. APPLICATIONS.
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this
chapter shall submit an application to the Secretary at
395
such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each
application submitted under subsection (a) shall include
a comprehensive program for meeting the needs of Indian
children served by the local educational agency, including
the language and cultural needs of the children, that—
‘‘(1) provides programs and activities to meet
the culturally related academic needs of American
Indian and Alaska Native students;
‘‘(2)(A) is consistent with State and local plans
under other provisions of this Act; and
‘‘(B) includes academic content and student
performance goals for such children, and bench-
marks for attaining such goals, that are based on
the challenging State standards under title I;
‘‘(3) explains how Federal, State, and local pro-
grams, especially under title I, will meet the needs
of such students;
‘‘(4) demonstrates how funds made available
under this chapter will be used for activities de-
scribed in section 3215;
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure that—
396
‘‘(A) teachers and other school profes-
sionals who are new to the Indian community
are prepared to work with Indian children; and
‘‘(B) all teachers who will be involved in
programs assisted under this chapter have been
properly trained to carry out such programs;
and
‘‘(6) describes how the local educational
agency—
‘‘(A) will periodically assess the progress of
all Indian children enrolled in the schools of the
local educational agency, including Indian chil-
dren who do not participate in programs as-
sisted under this chapter, in meeting the goals
described in paragraph (2);
‘‘(B) will provide the results of each as-
sessment referred to in subparagraph (A) to—
‘‘(i) the committee of parents de-
scribed in subsection (c)(4); and
‘‘(ii) the community served by the
local educational agency; and
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the as-
sessments described in subparagraph (A).
397
‘‘(c) ASSURANCES.—Each application submitted
under subsection (a) shall include assurances that—
‘‘(1) the local educational agency will use funds
received under this chapter only to supplement the
level of funds that, in the absence of the Federal
funds made available under this chapter, such agen-
cy would make available for the education of Indian
children, and not to supplant such funds;
‘‘(2) the local educational agency will submit
such reports to the Secretary, in such form and con-
taining such information, as the Secretary may re-
quire to—
‘‘(A) carry out the functions of the Sec-
retary under this chapter; and
‘‘(B) determine the extent to which funds
provided to the local educational agency under
this chapter are effective in improving the edu-
cational achievement of Indian students served
by such agency;
‘‘(3) the program for which assistance is
sought—
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs
of the American Indian and Alaska Native stu-
398
dents to whom the local educational agency is
providing an education;
‘‘(B) will use the best available talents and
resources, including individuals from the Indian
community; and
‘‘(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian stu-
dents from secondary schools, including public
hearings held by such agency to provide the in-
dividuals described in this subparagraph a full
opportunity to understand the program and to
offer recommendations regarding the program;
and
‘‘(4) the local educational agency developed the
program with the participation and written approval
of a committee—
‘‘(A) that is composed of, and selected
by—
‘‘(i) parents of Indian children in the
local educational agency’s schools and
teachers; and
‘‘(ii) if appropriate, Indian students
attending secondary schools;
399
‘‘(B) a majority of whose members are
parents of Indian children;
‘‘(C) that sets forth such policies and pro-
cedures, including policies and procedures relat-
ing to the hiring of personnel, as will ensure
that the program for which assistance is sought
will be operated and evaluated in consultation
with, and with the involvement of, parents of
the children, and representatives of the area, to
be served;
‘‘(D) with respect to an application de-
scribing a schoolwide program in accordance
with section 3215(c), that has—
‘‘(i) reviewed in a timely fashion the
program; and
‘‘(ii) determined that the program will
not diminish the availability of culturally
related activities for American Indian and
Alaskan Native students; and
‘‘(E) that has adopted reasonable bylaws
for the conduct of the activities of the com-
mittee and abides by such bylaws.
‘‘SEC. 3215. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this chapter
400
shall use the grant funds, in a manner consistent with the
purpose specified in section 3211, for services and activi-
ties that—
‘‘(1) are designed to carry out the comprehen-
sive program of the local educational agency for In-
dian students, and described in the application of
the local educational agency submitted to the Sec-
retary under section 3214(b);
‘‘(2) are designed with special regard for the
language and cultural needs of the Indian students;
and
‘‘(3) supplement and enrich the regular school
program of such agency.
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include—
‘‘(1) culturally related activities that support
the program described in the application submitted
by the local educational agency;
‘‘(2) early childhood and family programs that
emphasize school readiness;
‘‘(3) enrichment programs that focus on prob-
lem solving and cognitive skills development and di-
rectly support the attainment of challenging State
content standards and State student performance
standards;
402
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of the funds provided to a grantee
under this chapter for any fiscal year may be used for
administrative purposes.
‘‘SEC. 3216. INTEGRATION OF SERVICES AUTHORIZED.
‘‘(a) PLAN.—An entity receiving funds under this
chapter may submit a plan to the Secretary for the inte-
gration of education and related services provided to In-
dian students.
‘‘(b) COORDINATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan, the Secretary, in cooperation
with each Federal agency providing grants for the provi-
sion of education and related services to the applicant,
shall authorize the applicant to coordinate, in accordance
with such plan, its federally funded education and related
services programs, or portions thereof, serving Indian stu-
dents in a manner that integrates the program services
involved into a single, coordinated, comprehensive pro-
gram and reduces administrative costs by consolidating
administrative functions.
‘‘(c) PROGRAMS AFFECTED.—The funds that may be
consolidated in a demonstration project under any such
plan referred to in subsection (b) shall include funds for
any Federal program exclusively serving Indian children
or the funds reserved under any program to exclusively
403
serve Indian children under which the applicant is eligible
for receipt of funds under a statutory or administrative
formula for the purposes of providing education and re-
lated services which would be used to serve Indian stu-
dents.
‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac-
ceptable pursuant to subsection (b), it shall—
‘‘(1) identify the programs or funding sources
to be consolidated;
‘‘(2) be consistent with the purposes of this sec-
tion authorizing the services to be integrated in a
demonstration project;
‘‘(3) describe a comprehensive strategy which
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian students to achieve the goals set forth in
this chapter;
‘‘(4) describe the way in which services are to
be integrated and delivered and the results expected
from the plan;
‘‘(5) identify the projected expenditures under
the plan in a single budget;
‘‘(6) identify the local, State, or tribal agency
or agencies to be involved in the delivery of the serv-
ices integrated under the plan;
404
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the applicant be-
lieves need to be waived in order to implement its
plan;
‘‘(8) set forth measures of student achievement
and performance goals designed to be met within a
specified period of time; and
‘‘(9) be approved by a parent committee formed
in accordance with section 3214(c)(4), if such a
committee exists.
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be
used to implement the plan, and with the entity submit-
ting the plan. The parties so consulting shall identify any
waivers of statutory requirements or of Federal depart-
mental regulations, policies, or procedures necessary to en-
able the applicant to implement its plan. Notwithstanding
any other provision of law, the Secretary of the affected
department or departments shall have the authority to
waive any regulation, policy, or procedure promulgated by
that department that has been so identified by the appli-
cant or department, unless the Secretary of the affected
department determines that such a waiver is inconsistent
with the intent of this chapter or those provisions of the
405
statute from which the program involved derives its au-
thority which are specifically applicable to Indian stu-
dents.
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an applicant’s plan by the Secretary, the Secretary
shall inform the applicant, in writing, of the Secretary’s
approval or disapproval of the plan. If the plan is dis-
approved, the applicant shall be informed, in writing, of
the reasons for the disapproval and shall be given an op-
portunity to amend its plan or to petition the Secretary
to reconsider such disapproval.
‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU-
CATION.—Not later than 180 days after the date of the
enactment of the No Child Left Behind Act of 2001, the
Secretary of Education, the Secretary of the Interior, and
the head of any other Federal department or agency iden-
tified by the Secretary of Education, shall enter into an
interdepartmental memorandum of agreement providing
for the implementation of the demonstration projects au-
thorized under this section. The lead agency head for a
demonstration program under this section shall be—
‘‘(1) the Secretary of the Interior, in the case
of applicant meeting the definition of contract or
grant school under title XI of the Education Amend-
ments of 1978; or
406
‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include—
‘‘(1) the use of a single report format related
to the plan for the individual project which shall be
used by an eligible entity to report on the activities
undertaken under the project;
‘‘(2) the use of a single report format related
to the projected expenditures for the individual
project which shall be used by an eligible entity to
report on all project expenditures;
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and
‘‘(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical assist-
ance and the technical assistance provider.
‘‘(i) REPORT REQUIREMENTS.—A single report for-
mat shall be developed by the Secretary, consistent with
the requirements of this section. Such report format, to-
gether with records maintained on the consolidated pro-
gram at the local level, shall contain such information as
407
will allow a determination that the eligible entity has com-
plied with the requirements incorporated in its approved
plan, including the demonstration of student achievement,
and will provide assurances to each Secretary that the eli-
gible entity has complied with all directly applicable statu-
tory requirements and with those directly applicable regu-
latory requirements which have not been waived.
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall
the amount of Federal funds available to an eligible entity
involved in any demonstration project be reduced as a re-
sult of the enactment of this section.
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR-
IZED.—The Secretary is authorized to take such action
as may be necessary to provide for an interagency transfer
of funds otherwise available to an eligible entity in order
to further the purposes of this section.
‘‘(l) ADMINISTRATION OF FUNDS.—
‘‘(1) IN GENERAL.—Program funds shall be ad-
ministered in such a manner as to allow for a deter-
mination that funds from specific a program or pro-
grams are spent on allowable activities authorized
under such program, except that the eligible entity
shall determine the proportion of the funds granted
which shall be allocated to such program.
408
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.—
Nothing in this section shall be construed as requir-
ing the eligible entity to maintain separate records
tracing any services or activities conducted under its
approved plan to the individual programs under
which funds were authorized, nor shall the eligible
entity be required to allocate expenditures among
such individual programs.
‘‘(m) OVERAGE.—All administrative costs may be
commingled and participating entities shall be entitled to
the full amount of such costs (under each program or de-
partment’s regulations), and no overage shall be counted
for Federal audit purposes, provided that the overage is
used for the purposes provided for under this section.
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this
subpart shall be construed so as to interfere with the abil-
ity of the Secretary or the lead agency to fulfill the respon-
sibilities for the safeguarding of Federal funds pursuant
to the Single Audit Act of 1984.
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO-
GRAM INTEGRATION.—
‘‘(1) PRELIMINARY REPORT.—Not later than 2
years after the date of the enactment of the No
Child Left Behind Act of 2001, the Secretary of
Education shall submit a preliminary report to the
409
Committee on Health, Education, Labor, and Pen-
sions of the Senate and the Committee on Education
and the Workforce of the House of Representatives
on the status of the implementation of the dem-
onstration program authorized under this section.
‘‘(2) FINAL REPORT.—Not later than 5 years
after the date of the enactment of the No Child Left
Behind Act of 2001, the Secretary of Education
shall submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and
the Committee on Education and the Workforce of
the House of Representatives on the results of the
implementation of the demonstration program au-
thorized under this section. Such report shall iden-
tify statutory barriers to the ability of participants
to integrate more effectively their education and re-
lated services to Indian students in a manner con-
sistent with the purposes of this section.
‘‘(p) DEFINITIONS.—For the purposes of this section,
the term ‘Secretary’ means—
‘‘(1) the Secretary of the Interior, in the case
of applicant meeting the definition of contract or
grant school under title XI of the Education Amend-
ments of 1978; or
410
‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘SEC. 3217. STUDENT ELIGIBILITY FORMS.
‘‘(a) IN GENERAL.—The Secretary shall require that,
as part of an application for a grant under this chapter,
each applicant shall maintain a file, with respect to each
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that
sets forth information establishing the status of the child
as an Indian child eligible for assistance under this chap-
ter and that otherwise meets the requirements of subsec-
tion (b).
‘‘(b) FORMS.—
‘‘(1) IN GENERAL.—The form described in sub-
section (a) shall include—
‘‘(A) either—
‘‘(i)(I) the name of the tribe or band
of 
Indians 
(as 
described 
in 
section
3251(3)) with respect to which the child
claims membership;
‘‘(II) the enrollment number estab-
lishing the membership of the child (if
readily available); and
‘‘(III) the name and address of the
organization that maintains updated and
411
accurate membership data for such tribe or
band of Indians; or
‘‘(ii) if the child is not a member of
a tribe or band of Indians, the name, the
enrollment number (if readily available),
and the organization (and address thereof)
responsible for maintaining updated and
accurate membership rolls of the tribe of
any parent or grandparent of the child
from whom the child claims eligibility;
‘‘(B) a statement of whether the tribe or
band of Indians with respect to which the child,
parent, or grandparent of the child claims mem-
bership is federally recognized;
‘‘(C) the name and address of the parent
or legal guardian of the child;
‘‘(D) a signature of the parent or legal
guardian of the child that verifies the accuracy
of the information supplied; and
‘‘(E) any other information that the Sec-
retary considers necessary to provide an accu-
rate program profile.
‘‘(2) MINIMUM INFORMATION.—In order for a
child to be eligible to be counted for the purpose of
computing the amount of a grant award made under
412
section 3213, an eligibility form prepared pursuant
to this section for a child shall include—
‘‘(A) the name of the child;
‘‘(B) the name of the tribe or band of Indi-
ans (as described in section 3251(3)) with re-
spect to which the child claims eligibility; and
‘‘(C) the dated signature of the parent or
guardian of the child.
‘‘(3) FAILURE.—The failure of an applicant to
furnish any information described in this subsection
other than the information described in paragraph
(2) with respect to any child shall have no bearing
on the determination of whether the child is an eligi-
ble Indian child for the purposes of determining the
amount of a grant award made under section 3213.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to affect a definition contained
in section 3251.
‘‘(d) FORMS
AND STANDARDS
OF PROOF.—The
forms and the standards of proof (including the standard
of good faith compliance) that were in use during the
1985–1986 academic year to establish the eligibility of a
child for entitlement under the Indian Elementary and
Secondary School Assistance Act shall be the forms and
standards of proof used—
413
‘‘(1) to establish such eligibility; and
‘‘(2) to meet the requirements of subsection (a).
‘‘(e) DOCUMENTATION.—For purposes of deter-
mining whether a child is eligible to be counted for the
purpose of computing the amount of a grant under section
3213, the membership of the child, or any parent or
grandparent of the child, in a tribe or band of Indians
may be established by proof other than an enrollment
number, notwithstanding the availability of an enrollment
number for a member of such tribe or band. Nothing in
subsection (b) shall be construed to require the furnishing
of an enrollment number.
‘‘(f) MONITORING AND EVALUATION REVIEW.—
‘‘(1) IN GENERAL.—(A) For each fiscal year, in
order to provide such information as is necessary to
carry out the responsibility of the Secretary to pro-
vide technical assistance under this chapter, the Sec-
retary shall conduct a monitoring and evaluation re-
view of a sampling of the recipients of grants under
this chapter. The sampling conducted under this
subparagraph shall take into account the size of the
local educational agency and the geographic location
of such agency.
‘‘(B) A local educational agency may not be
held liable to the United States or be subject to any
414
penalty, by reason of the findings of an audit that
relates to the date of completion, or the date of sub-
mission, of any forms used to establish, before April
28, 1988, the eligibility of a child for entitlement
under the Indian Elementary and Secondary School
Assistance Act.
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an
application for a grant under this chapter shall—
‘‘(A) be ineligible to apply for any other
grant under this subpart; and
‘‘(B) be liable to the United States for any
funds that have not been expended.
‘‘(3) EXCLUDED
CHILDREN.—A student who
provides false information for the form required
under subsection (a) shall not be counted for the
purpose of computing the amount of a grant under
section 3213.
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—
Notwithstanding any other provision of this section, in
awarding funds under this chapter to a tribal school that
receives a grant or contract from the Bureau of Indian
Affairs, the Secretary shall use only one of the following,
as selected by the school:
415
‘‘(1) A count of the number of students in those
schools certified by the Bureau.
‘‘(2) A count of the number of students for
whom the school has eligibility forms that comply
with this section.
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of
determining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant
under this chapter (other than in the case described in
subsection (g)(1)), the local educational agency shall—
‘‘(1) establish a date on, or a period not longer
than 31 consecutive days during which, the agency
counts those children, so long as that date or period
occurs before the deadline established by the Sec-
retary for submitting an application under section
3214; and
‘‘(2) determine that each such child was en-
rolled, and receiving a free public education, in a
school of the agency on that date or during that pe-
riod, as the case may be.
‘‘SEC. 3218. PAYMENTS.
‘‘(a) IN GENERAL.—Subject to subsections (b) and
(c), the Secretary shall pay to each local educational agen-
cy that submits an application that is approved by the Sec-
retary under this chapter the amount determined under
416
section 3213. The Secretary shall notify the local edu-
cational agency of the amount of the payment not later
than June 1 of the year for which the Secretary makes
the payment.
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT
BY
THE
STATE.—The Secretary may not make a grant under this
chapter to a local educational agency for a fiscal year if,
for such fiscal year, the State in which the local edu-
cational agency is located takes into consideration pay-
ments made under this chapter in determining the eligi-
bility of the local educational agency for State aid, or the
amount of the State aid, with respect to the free public
education of children during such fiscal year or the pre-
ceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO
MAINTAIN FISCAL EFFORT.—
‘‘(1) IN GENERAL.—The Secretary may not pay
a local educational agency the full amount of a grant
award determined under section 3213 for any fiscal
year unless the State educational agency notifies the
Secretary, and the Secretary determines that, with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, the combined fiscal effort of the local edu-
cational agency and the State, computed on either a
417
per student or aggregate expenditure basis, was not
less than 90 percent of the amount of the combined
fiscal effort, computed on the same basis, for the
second preceding fiscal year.
‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for
any fiscal year, the Secretary determines that a local
educational agency failed to maintain the fiscal ef-
fort of such agency at the level specified in para-
graph (1), the Secretary shall—
‘‘(A) reduce the amount of the grant that
would otherwise be made to such agency under
this chapter in the exact proportion of such
agency’s failure to maintain its fiscal effort at
such level; and
‘‘(B) not use the reduced amount of the
agency’s expenditures for the preceding year to
determine compliance with paragraph (1) for
any succeeding fiscal year, but shall use the
amount of expenditures that would have been
required to comply with paragraph (1).
‘‘(3) WAIVER.—(A) The Secretary may waive
the requirement of paragraph (1), for not more than
1 year at a time, if the Secretary determines that
the failure to comply with such requirement is due
to exceptional or uncontrollable circumstances, such
418
as a natural disaster or a precipitous and unforeseen
decline in the agency’s financial resources.
‘‘(B) The Secretary shall not use the reduced
amount of such agency’s expenditures for the fiscal
year preceding the fiscal year for which a waiver is
granted to determine compliance with paragraph (1)
for any succeeding fiscal year, but shall use the
amount of expenditures that would have been re-
quired to comply with paragraph (1) in the absence
of the waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallo-
cate, in a manner that the Secretary determines will best
carry out the purpose of this chapter, any amounts that—
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary
determines will not be needed by such agencies to
carry out approved programs under this chapter; or
‘‘(2) otherwise become available for reallocation
under this chapter.
‘‘SEC. 3219. STATE EDUCATIONAL AGENCY REVIEW.
‘‘Before submitting an application to the Secretary
under section 3214, a local educational agency shall sub-
mit the application to the State educational agency, which
may comment on such application. If the State educational
agency comments on the application, it shall comment on