589
•HR 1 RH1&2
the Secretary shall ensure that a clear and reliable
record of agreements reached during the negotiation
process is maintained.
‘‘(c) APPLICABILITY
OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act shall
apply to activities carried out under this section.
‘‘SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
‘‘(a) IN GENERAL.—The Secretary shall provide grants
to tribes, tribal organizations, and consortia of tribes and
tribal organizations to fund early childhood development
programs that are operated by such tribes, organizations,
or consortia.
‘‘(b) AMOUNT OF GRANTS.—
‘‘(1) IN
GENERAL.—The total amount of the
grants provided under subsection (a) with respect to
each tribe, tribal organization, or consortium of tribes
or tribal organizations for each fiscal year shall be
equal to the amount which bears the same relation-
ship to the total amount appropriated under the au-
thority of subsection (g) for such fiscal year (less
amounts provided under subsection (f)) as—
‘‘(A) the total number of children under 6
years of age who are members of—
‘‘(i) such tribe;
590
•HR 1 RH1&2
‘‘(ii) the tribe that authorized such
tribal organization; or
‘‘(iii) any tribe that—
‘‘(I) is a member of such consor-
tium; or
‘‘(II) authorizes any tribal orga-
nization that is a member of such con-
sortium; bears to
‘‘(B) the total number of all children under
6 years of age who are members of any tribe
that—
‘‘(i) is eligible to receive funds under
subsection (a);
‘‘(ii) is a member of a consortium that
is eligible to receive such funds; or
‘‘(iii) authorizes a tribal organization
that is eligible to receive such funds.
‘‘(2) LIMITATION.—No grant may be provided
under subsection (a)—
‘‘(A) to any tribe that has less than 500
members;
‘‘(B) to any tribal organization which is
authorized—
‘‘(i) by only one tribe that has less
than 500 members; or
591
•HR 1 RH1&2
‘‘(ii) by one or more tribes that have a
combined total membership of less than 500
members; or
‘‘(C) to any consortium composed of tribes,
or tribal organizations authorized by tribes, that
have a combined total tribal membership of less
than 500 members.
‘‘(c) APPLICATION.
‘‘(1) IN GENERAL.—A grant may be provided
under subsection (a) to a tribe, tribal organization, or
consortia of tribes and tribal organizations only if the
tribe, organization, or consortia submits to the Sec-
retary an application for the grant at such time and
in such form as the Secretary shall prescribe.
‘‘(2) CONTENTS.—Applications submitted under
paragraph (1) shall set forth the early childhood de-
velopment program that the applicant desires to oper-
ate.
‘‘(d) REQUIREMENT
OF PROGRAMS FUNDED.—The
early childhood development programs that are funded by
grants provided under subsection (a)—
‘‘(1) shall coordinate existing programs and may
provide services that meet identified needs of parents
and children under 6 years of age which are not being
met by existing programs, including—
592
•HR 1 RH1&2
‘‘(A) prenatal care;
‘‘(B) nutrition education;
‘‘(C) health education and screening;
‘‘(D) family literacy services;
‘‘(E) educational testing; and
‘‘(F) other educational services;
‘‘(2) may include instruction in the language,
art, and culture of the tribe; and
‘‘(3) shall provide for periodic assessment of the
program.
‘‘(e) COORDINATION
OF
FAMILY
LITERACY
PRO-
GRAMS.—Family literacy programs operated under this
section and other family literacy programs operated by the
Bureau of Indian Affairs shall be coordinated with family
literacy programs for Indian children under part B of title
I of the Elementary and Secondary Education Act of 1965
in order to avoid duplication and to encourage the dissemi-
nation of information on quality family literacy programs
serving Indians.
‘‘(f) ADMINISTRATIVE COSTS.—The Secretary shall,
out of funds appropriated under subsection (g), include in
the grants provided under subsection (a) amounts for ad-
ministrative costs incurred by the tribe, tribal organization,
or consortium of tribes in establishing and maintaining the
early childhood development program.
593
•HR 1 RH1&2
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out the provisions of this section, there
are authorized to be appropriated $10,000,000 for fiscal
year 2002 and such sums as may be necessary for each of
the fiscal years 2003, 2004, 2005, and 2006.
‘‘SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDU-
CATION.
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary shall provide grants and tech-
nical assistance to tribes for the development and operation
of tribal departments of education for the purpose of plan-
ning and coordinating all educational programs of the
tribe.
‘‘(b) GRANTS.—Grants provided under this section
shall—
‘‘(1) be based on applications from the governing
body of the tribe;
‘‘(2) reflect factors such as geographic and popu-
lation diversity;
‘‘(3) facilitate tribal control in all matters relat-
ing to the education of Indian children on Indian res-
ervations (and on former Indian reservations in
Oklahoma);
‘‘(4) provide for the development of coordinated
educational programs on Indian reservations (and on
594
•HR 1 RH1&2
former Indian reservations in Oklahoma) (including
all preschool, elementary, secondary, and higher or
vocational educational programs funded by tribal,
Federal, or other sources) by encouraging tribal ad-
ministrative support of all Bureau funded edu-
cational programs as well as encouraging tribal co-
operation and coordination with all educational pro-
grams receiving financial support from State agen-
cies, other Federal agencies, or private entities;
‘‘(5) provide for the development and enforce-
ment of tribal educational codes, including tribal edu-
cational policies and tribal standards applicable to
curriculum, personnel, students, facilities, and sup-
port programs; and
‘‘(6) otherwise comply with regulations for
grants under section 103(a) of the Indian Self-Deter-
mination and Educational Assistance Act that are in
effect on the date that application for such grants are
made.
‘‘(c) PRIORITIES.—
‘‘(1) IN GENERAL.—In making grants under this
section, the Secretary shall give priority to any appli-
cation that—
‘‘(A) includes assurances from the majority
of Bureau funded schools located within the
595
•HR 1 RH1&2
boundaries of the reservation of the applicant
that the tribal department of education to be
funded under this section will provide coordi-
nating services and technical assistance to all of
such schools, including the submission to each
applicable agency of a unified application for
funding for all of such schools which provides
that—
‘‘(i) no administrative costs other than
those attributable to the individual pro-
grams of such schools will be associated
with the unified application; and
‘‘(ii) the distribution of all funds re-
ceived under the unified application will be
equal to the amount of funds provided by
the applicable agency to which each of such
schools is entitled under law;
‘‘(B) includes assurances from the tribal
governing body that the tribal department of
education funded under this section will admin-
ister all contracts or grants (except those covered
by the other provisions of this title and the Trib-
ally Controlled Community College Assistance
Act of 1978) for education programs adminis-
596
•HR 1 RH1&2
tered by the tribe and will coordinate all of the
programs to the greatest extent possible;
‘‘(C) includes assurances for the monitoring
and auditing by or through the tribal depart-
ment of education of all education programs for
which funds are provided by contract or grant to
ensure that the programs meet the requirements
of law; and
‘‘(D) provides a plan and schedule for—
‘‘(i) the assumption over the term of
the grant by the tribal department of edu-
cation of all assets and functions of the Bu-
reau agency office associated with the tribe,
insofar as those responsibilities relate to
education; and
‘‘(ii) the termination by the Bureau of
such operations and office at the time of
such assumption,
except that when mutually agreeable between the
tribal governing body and the Assistant Sec-
retary, the period in which such assumption is
to occur may be modified, reduced, or extended
after the initial year of the grant.
‘‘(2) TIME PERIOD OF GRANT.—Subject to the
availability of appropriated funds, grants provided
597
•HR 1 RH1&2
under this section shall be provided for a period of 3
years and the grant may, if performance by the
grantee is satisfactory to the Secretary, be renewed for
additional 3-year terms.
‘‘(d) TERMS, CONDITIONS, OR REQUIREMENTS.—The
Secretary shall not impose any terms, conditions, or re-
quirements on the provision of grants under this section
that are not specified in this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out the provisions of this section, there
are authorized to be appropriated $2,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
fiscal years 2003, 2004, 2005, and 2006.
‘‘SEC. 1141. DEFINITIONS.
‘‘For the purposes of this part, unless otherwise speci-
fied:
‘‘(1) AGENCY SCHOOL BOARD.—The term ‘agency
school board’ means a body, the members of which are
appointed by all of the school boards of the schools lo-
cated within an agency, including schools operated
under contract or grant, and the number of such
members shall be determined by the Secretary in con-
sultation with the affected tribes, except that, in agen-
cies serving a single school, the school board of such
school shall fulfill these duties, and in agencies having
598
•HR 1 RH1&2
schools or a school operated under contract or grant,
one such member at least shall be from such a school.
‘‘(2) BUREAU.—The term ‘Bureau’ means the
Bureau of Indian Affairs of the Department of the In-
terior.
‘‘(3) BUREAU FUNDED SCHOOL.—The term ‘Bu-
reau funded school’ means—
‘‘(A) a Bureau school;
‘‘(B) a contract or grant school; or
‘‘(C) a school for which assistance is pro-
vided under the Tribally Controlled Schools Act
of 1988.
‘‘(4) BUREAU
SCHOOL.—The term ‘Bureau
school’ means a Bureau operated elementary or sec-
ondary day or boarding school or a Bureau operated
dormitory for students attending a school other than
a Bureau school.
‘‘(5) CONTRACT OR GRANT SCHOOL.—The term
‘contract or grant school’ means an elementary or sec-
ondary school or dormitory which receives financial
assistance for its operation under a contract, grant or
agreement with the Bureau under section 102, 103(a),
or 208 of the Indian Self-Determination and Edu-
cation Assistance Act, or under the Tribally Con-
trolled Schools Act of 1988.
599
•HR 1 RH1&2
‘‘(6) EDUCATION LINE OFFICER.—The term ‘edu-
cation line officer’ means education personnel under
the supervision of the Director, whether located in the
central, area, or agency offices.
‘‘(7) FAMILY
LITERACY
SERVICES.—The term
‘family literacy services’ has the meaning given that
term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 8801).
‘‘(8) FINANCIAL
PLAN.—The term ‘financial
plan’ means a plan of services provided by each Bu-
reau school.
‘‘(9) INDIAN ORGANIZATION.—the term ‘Indian
organization’ means any group, association, partner-
ship, corporation, or other legal entity owned or con-
trolled by a federally recognized Indian tribe or
tribes, or a majority of whose members are members
of federally recognized tribes.
‘‘(10) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ means a board of education
or other legally constituted local school authority hav-
ing administrative control and direction of free public
education in a county, township, independent, or
other school district located within a State, and in-
cludes any State agency which directly operates and
601
•HR 1 RH1&2
bodies, that represent at least 90 percent of the stu-
dents served by such school.
‘‘(16) TRIBE.—The term ‘tribe’ means any In-
dian tribe, band, nation, or other organized group or
community, including any Alaska Native village or
regional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settle-
ment Act, which is recognized as eligible for the spe-
cial programs and services provided by the United
States to Indians because of their status as Indians.’’.
SEC. 314. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.
Sections 5202 through 5212 of the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.) are amended
to read as follows:
‘‘SEC. 5202. FINDINGS.
‘‘Congress, after careful review of the Federal Govern-
ment’s historical and special legal relationship with, and
resulting responsibilities to, Indians, finds that—
‘‘(1) the Indian Self-Determination and Edu-
cation Assistance Act, which was a product of the le-
gitimate aspirations and a recognition of the inherent
authority of Indian nations, was and is a crucial
positive step towards tribal and community control;
‘‘(2) the Bureau of Indian Affairs’ administra-
tion and domination of the contracting process under
602
•HR 1 RH1&2
such Act has not provided the full opportunity to de-
velop leadership skills crucial to the realization of
self-government and has denied Indians an effective
voice in the planning and implementation of pro-
grams for the benefit of Indians which are responsive
to the true needs of Indian communities;
‘‘(3) Indians will never surrender their desire to
control their relationships both among themselves and
with non-Indian governments, organizations, and
persons;
‘‘(4) true self-determination in any society of
people is dependent upon an educational process
which will ensure the development of qualified people
to fulfill meaningful leadership roles;
‘‘(5) the Federal administration of education for
Indian children has not effected the desired level of
educational achievement or created the diverse oppor-
tunities and personal satisfaction that education can
and should provide;
‘‘(6) true local control requires the least possible
Federal interference; and
‘‘(7) the time has come to enhance the concepts
made manifest in the Indian Self-Determination and
Education Assistance Act.
603
•HR 1 RH1&2
‘‘SEC. 5203. DECLARATION OF POLICY.
‘‘(a) RECOGNITION.—Congress recognizes the obliga-
tion of the United States to respond to the strong expression
of the Indian people for self-determination by assuring
maximum Indian participation in the direction of edu-
cational services so as to render such services more respon-
sive to the needs and desires of those communities.
‘‘(b) COMMITMENT.—Congress declares its commitment
to the maintenance of the Federal Government’s unique and
continuing trust relationship with and responsibility to the
Indian people through the establishment of a meaningful
Indian self-determination policy for education which will
deter further perpetuation of Federal bureaucratic domina-
tion of programs.
‘‘(c) NATIONAL GOAL.—Congress declares that a major
national goal of the United States is to provide the re-
sources, processes, and structure which will enable tribes
and local communities to effect the quantity and quality
of educational services and opportunities which will permit
Indian children to compete and excel in the life areas of
their choice and to achieve the measure of self-determination
essential to their social and economic well-being.
‘‘(d) EDUCATIONAL NEEDS.—Congress affirms the re-
ality of the special and unique educational needs of Indian
peoples, including the need for programs to meet the lin-
604
•HR 1 RH1&2
guistic and cultural aspirations of Indian tribes and com-
munities. These may best be met through a grant process.
‘‘(e) FEDERAL
RELATIONS.—Congress declares its
commitment to these policies and its support, to the full
extent of its responsibility, for Federal relations with the
Indian Nations.
‘‘(f) TERMINATION.—Congress hereby repudiates and
rejects House Resolution 108 of the 83d Congress and any
policy of unilateral termination of Federal relations with
any Indian Nation.
‘‘SEC. 5204. GRANTS AUTHORIZED.
‘‘(a) IN GENERAL.—
‘‘(1) ELIGIBILITY.—The Secretary shall provide
grants to Indian tribes, and tribal organizations
that—
‘‘(A) operate contract schools under title XI
of the Education Amendments of 1978 and no-
tify the Secretary of their election to operate the
schools with assistance under this part rather
than continuing as contract school;
‘‘(B) operate other tribally controlled schools
eligible for assistance under this part and submit
applications (which are approved by their tribal
governing bodies) to the Secretary for such
grants; or
605
•HR 1 RH1&2
‘‘(C) elect to assume operation of Bureau
funded schools with the assistance under this
part and submit applications (which are ap-
proved by their tribal governing bodies) to the
Secretary for such grants.
‘‘(2) DEPOSIT
OF
FUNDS.—Grants provided
under this part shall be deposited into the general op-
erating fund of the tribally controlled school with re-
spect to which the grant is made.
‘‘(3) USE OF FUNDS.—(A) Except as otherwise
provided in this paragraph, grants provided under
this part shall be used to defray, at the discretion of
the school board of the tribally controlled school with
respect to which the grant is provided, any expendi-
tures for education related activities for which any
funds that compose the grant may be used under the
laws described in section 5205(a), including, but not
limited to, expenditures for—
‘‘(i) school operations, academic, edu-
cational, residential, guidance and counseling,
and administrative purposes; and
‘‘(ii) support services for the school, includ-
ing transportation.
‘‘(B) Grants provided under this part may, at
the discretion of the school board of the tribally con-
606
•HR 1 RH1&2
trolled school with respect to which such grant is pro-
vided, be used to defray operations and maintenance
expenditures for the school if any funds for the oper-
ation and maintenance of the school are allocated to
the school under the provisions of any of the laws de-
scribed in section 5205(a).
‘‘(b) LIMITATIONS.—
‘‘(1) ONE GRANT PER TRIBE OR ORGANIZATION
PER FISCAL YEAR.—Not more than one grant may be
provided under this part with respect to any Indian
tribe or tribal organization for any fiscal year.
‘‘(2) 
NONSECTARIAN
USE.—Funds 
provided
under any grant made under this part may not be
used in connection with religious worship or sec-
tarian instruction.
‘‘(3) 
ADMINISTRATIVE
COSTS
LIMITATION.—
Funds provided under any grant under this part may
not be expended for administrative costs (as defined
in section 1128(h)(1) of the Education Amendments
of 1978) in excess of the amount generated for such
costs under section 1128 of such Act.
‘‘(c) LIMITATION ON TRANSFER OF FUNDS AMONG
SCHOOLSITES.—
607
•HR 1 RH1&2
‘‘(1) IN GENERAL.—In the case of a grantee that
operates schools at more than one schoolsite, the
grantee may expend not more than the lesser of—
‘‘(A) 10 percent of the funds allocated for
such schoolsite under section 1128 of the Edu-
cation Amendments of 1978; or
‘‘(B) $400,000 of such funds, at any other
schoolsite.
‘‘(2) DEFINITION OF SCHOOLSITE.—For purposes
of this subsection, the term ‘schoolsite’ means the
physical location and the facilities of an elementary
or secondary educational or residential program oper-
ated by, or under contract or grant with, the Bureau
for which a discreet student count is identified under
the funding formula established under section 1127 of
the Education Amendments of 1978.
‘‘(d) NO REQUIREMENT TO ACCEPT GRANTS.—Noth-
ing in this part may be construed—
‘‘(1) to require a tribe or tribal organization to
apply for or accept; or
‘‘(2) to allow any person to coerce any tribe or
tribal organization to apply for, or accept,
a grant under this part to plan, conduct, and administer
all of, or any portion of, any Bureau program. Such appli-
cations and the timing of such applications shall be strictly
608
•HR 1 RH1&2
voluntary. Nothing in this part may be construed as allow-
ing or requiring any grant with any entity other than the
entity to which the grant is provided.
‘‘(e) NO EFFECT
ON FEDERAL RESPONSIBILITY.—
Grants provided under this part shall not terminate, mod-
ify, suspend, or reduce the responsibility of the Federal Gov-
ernment to provide a program.
‘‘(f) RETROCESSION.—
‘‘(1) IN GENERAL.—Whenever a tribal governing
body requests retrocession of any program for which
assistance is provided under this part, such retroces-
sion shall become effective upon a date specified by
the Secretary that is not later than 120 days after the
date on which the tribal governing body requests the
retrocession. A later date as may be specified if mutu-
ally agreed upon by the Secretary and the tribal gov-
erning body. If such a program is retroceded, the Sec-
retary shall provide to any Indian tribe served by
such program at least the same quantity and quality
of services that would have been provided under such
program at the level of funding provided under this
part prior to the retrocession.
‘‘(2) STATUS AFTER RETROCESSION.—The tribe
requesting retrocession shall specify whether the ret-
rocession is to status as a Bureau operated school or
609
•HR 1 RH1&2
as a school operated under contract under title XI of
the Education Amendments of 1978.
‘‘(3) TRANSFER
OF
EQUIPMENT
AND
MATE-
RIALS.—Except as otherwise determined by the Sec-
retary, the tribe or tribal organization operating the
program to be retroceded must transfer to the Sec-
retary (or to the tribe or tribal organization which
will operate the program as a contract school) the ex-
isting 
equipment 
and 
materials 
which 
were
acquired—
‘‘(A) with assistance under this part; or
‘‘(B) upon assumption of operation of the
program under this part if the school was a Bu-
reau funded school under title XI of the Edu-
cation Amendments of 1978 before receiving as-
sistance under this part.
‘‘(g) PROHIBITION OF TERMINATION FOR ADMINISTRA-
TIVE CONVENIENCE.—Grants provided under this part may
not be terminated, modified, suspended, or reduced solely
for the convenience of the administering agency.
‘‘SEC. 5205. COMPOSITION OF GRANTS.
‘‘(a) IN GENERAL.—The grant provided under this
part to an Indian tribe or tribal organization for any fiscal
year shall consist of—
610
•HR 1 RH1&2
‘‘(1) the total amount of funds allocated for such
fiscal year under sections 1127 and 1128 of the Edu-
cation Amendments of 1978 with respect to the trib-
ally controlled schools eligible for assistance under
this part which are operated by such Indian tribe or
tribal organization, including, but not limited to,
funds provided under such sections, or under any
other provision of law, for transportation costs;
‘‘(2) to the extent requested by such Indian tribe
or tribal organization, the total amount of funds pro-
vided from operations and maintenance accounts and,
notwithstanding section 105 of the Indian Self-Deter-
mination Act, or any other provision of law, other fa-
cilities accounts for such schools for such fiscal year
(including but not limited to those referenced under
section 1126(d) of the Education Amendments of 1978
or any other law); and
‘‘(3) the total amount of funds that are allocated
to such schools for such fiscal year under—
‘‘(A) title I of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(B) the Individuals with Disabilities Edu-
cation Act; and
‘‘(C) any other Federal education law, that
are allocated to such schools for such fiscal year.
611
•HR 1 RH1&2
‘‘(b) SPECIAL RULES.—
‘‘(1) IN
GENERAL.—(A) Funds allocated to a
tribally controlled school by reason of paragraph (1)
or (2) of subsection (a) shall be subject to the provi-
sions of this part and shall not be subject to any ad-
ditional restriction, priority, or limitation that is im-
posed by the Bureau with respect to funds provided
under—
‘‘(i) title I of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(ii) the Individuals with Disabilities Edu-
cation Act; or
‘‘(iii) any Federal education law other than
title XI of the Education Amendments of 1978.
‘‘(B) Indian tribes and tribal organizations to
which grants are provided under this part, and trib-
ally controlled schools for which such grants are pro-
vided, shall not be subject to any requirements, obliga-
tions, restrictions, or limitations imposed by the Bu-
reau that would otherwise apply solely by reason of
the receipt of funds provided under any law referred
to in clause (i), (ii), or (iii) of subparagraph (A).
‘‘(2) 
SCHOOLS
CONSIDERED
CONTRACT
SCHOOLS.—Tribally controlled schools for which
grants are provided under this part shall be treated
612
•HR 1 RH1&2
as contract schools for the purposes of allocation of
funds under sections 1126(d), 1127, and 1128 of the
Education Amendments of 1978.
‘‘(3) 
SCHOOLS
CONSIDERED
BUREAU
SCHOOLS.—Tribally controlled schools for which
grants are provided under this chapter shall be treat-
ed as Bureau schools for the purposes of allocation of
funds provided under—
‘‘(A) title I of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(B) the Individuals with Disabilities Edu-
cation Act; and
‘‘(C) any other Federal education law, that
are distributed through the Bureau.
‘‘(4) ACCOUNTS; USE OF CERTAIN FUNDS.—(A)
Notwithstanding section 5204(a)(2), with respect to
funds from facilities improvement and repair, alter-
ation and renovation (major or minor), health and
safety, or new construction accounts included in the
grant under section 5204(a), the grantee shall main-
tain a separate account for such funds. At the end of
the period designated for the work covered by the
funds received, the grantee shall submit to the Sec-
retary a separate accounting of the work done and the
funds expended to the Secretary. Funds received from
613
•HR 1 RH1&2
these accounts may only be used for the purpose for
which they were appropriated and for the work en-
compassed by the application or submission under
which they were received.
‘‘(B) Notwithstanding subparagraph (A), a
school receiving a grant under this part for facilities
improvement and repair may use such grant funds
for new construction if the tribal government or other
organization provides funding for the new construc-
tion equal to at least 25 percent of the total cost of
such new construction.
‘‘(C) Where the appropriations measure or the
application submission does not stipulate a period for
the work covered by the funds so designated, the Sec-
retary and the grantee shall consult and determine
such a period prior to the transfer of the funds. A pe-
riod so determined may be extended upon mutual
agreement of the Secretary and the grantee.
‘‘(5) ENFORCEMENT OF REQUEST TO INCLUDE
FUNDS.—If the Secretary fails to carry out a request
made under subsection (a)(2) within 180 days of a
request filed by an Indian tribe or tribal organization
to include in such tribe or organization’s grant the
funds described in subsection (a)(2), the Secretary
shall be deemed to have approved such request and the
614
•HR 1 RH1&2
Secretary shall immediately amend the grant accord-
ingly. Such tribe or organization may enforce its
rights under subsection (a)(2) and this paragraph, in-
cluding any denial or failure to act on such tribe or
organization’s request, pursuant to the disputes au-
thority described in section 5209(e).
‘‘SEC. 5206. ELIGIBILITY FOR GRANTS.
‘‘(a) RULES.—
‘‘(1) IN GENERAL.—A tribally controlled school
is eligible for assistance under this part if the
school—
‘‘(A) on April 28, 1988, was a contract
school under title XI of the Education Amend-
ments of 1978 and the tribe or tribal organiza-
tion operating the school submits to the Sec-
retary a written notice of election to receive a
grant under this part;
‘‘(B) was a Bureau operated school under
title XI of the Education Amendments of 1978
and has met the requirements of subsection (b);
‘‘(C) is a school for which the Bureau has
not provided funds, but which has met the re-
quirements of subsection (c); or
615
•HR 1 RH1&2
‘‘(D) is a school with respect to which an
election has been made under paragraph (2) and
which has met the requirements of subsection (b).
‘‘(2) NEW
SCHOOLS.—Any application which
has been submitted under the Indian Self-Determina-
tion and Education Assistance Act by an Indian tribe
for a school which is not in operation on the date of
the enactment of the No Child Left Behind Act of
2001 shall be reviewed under the guidelines and regu-
lations for applications submitted under the Indian
Self-Determination and Education Assistance Act
that were in effect at the time the application was
submitted, unless the Indian tribe or tribal organiza-
tion elects to have the application reviewed under the
provisions of subsection (b).
‘‘(b) ADDITIONAL REQUIREMENTS FOR BUREAU FUND-
ED SCHOOLS AND CERTAIN ELECTING SCHOOLS.—
‘‘(1) BUREAU FUNDED SCHOOLS.—A school that
was a Bureau funded school under title XI of the
Education Amendments of 1978 on the date of the en-
actment of the No Child Left Behind Act of 2001, and
any school with respect to which an election is made
under subsection (a)(2), meets the requirements of this
subsection if—
616
•HR 1 RH1&2
‘‘(A) the Indian tribe or tribal organization
that operates, or desires to operate, the school
submits to the Secretary an application request-
ing that the Secretary—
‘‘(i) transfer operation of the school to
the Indian tribe or tribal organization, if
the Indian tribe or tribal organization is
not already operating the school; and
‘‘(ii) make a determination as to
whether the school is eligible for assistance
under this part; and
‘‘(B) the Secretary makes a determination
that the school is eligible for assistance under
this part.
‘‘(2) CERTAIN ELECTING SCHOOLS.—(A) By not
later than the date that is 120 days after the date on
which an application is submitted to the Secretary
under 
paragraph 
(1)(A), 
the 
Secretary 
shall
determine—
‘‘(i) in the case of a school which is not
being operated by the Indian tribe or tribal or-
ganization, whether to transfer operation of the
school to the Indian tribe or tribal organization;
and
617
•HR 1 RH1&2
‘‘(ii) whether the school is eligible for assist-
ance under this part.
‘‘(B) In considering applications submitted
under paragraph (1)(A), the Secretary—
‘‘(i) shall transfer operation of the school to
the Indian tribe or tribal organization, if the
tribe or tribal organization is not already oper-
ating the school; and
‘‘(ii) shall determine that the school is eligi-
ble for assistance under this part, unless the Sec-
retary finds by clear and convincing evidence
that the services to be provided by the Indian
tribe or tribal organization will be deleterious to
the welfare of the Indians served by the school.
‘‘(C) In considering applications submitted
under paragraph (1)(A), the Secretary shall consider
whether the Indian tribe or tribal organization would
be deficient in operating the school with respect to—
‘‘(i) equipment;
‘‘(ii) bookkeeping and accounting proce-
dures;
‘‘(iii) ability to adequately manage a school;
or
‘‘(iv) adequately trained personnel.
618
•HR 1 RH1&2
‘‘(c) ADDITIONAL REQUIREMENTS
FOR
A SCHOOL
WHICH IS NOT A BUREAU FUNDED SCHOOL.—
‘‘(1) IN GENERAL.—A school which is not a Bu-
reau funded school under title XI of the Education
Amendments of 1978 meets the requirements of this
subsection if—
‘‘(A) the Indian tribe or tribal organization
that operates, or desires to operate, the school
submits to the Secretary an application request-
ing a determination by the Secretary as to
whether the school is eligible for assistance under
this part; and
‘‘(B) the Secretary makes a determination
that a school is eligible for assistance under this
part.
‘‘(2) DEADLINE
FOR
DETERMINATION
BY
SEC-
RETARY.—(A) By not later than the date that is 180
days after the date on which an application is sub-
mitted to the Secretary under paragraph (1)(A), the
Secretary shall determine whether the school is eligible
for assistance under this part.
‘‘(B) In making the determination under sub-
paragraph (A), the Secretary shall give equal consid-
eration to each of the following factors:
619
•HR 1 RH1&2
‘‘(i) 
with 
respect 
to 
the 
applicant’s
proposal—
‘‘(I) the adequacy of facilities or the
potential to obtain or provide adequate fa-
cilities;
‘‘(II) geographic and demographic fac-
tors in the affected areas;
‘‘(III) adequacy of the applicant’s pro-
gram plans;
‘‘(IV) geographic proximity of com-
parable public education; and
‘‘(V) the needs as expressed by all af-
fected parties, including but not limited to
students, families, tribal governments at
both the central and local levels, and school
organizations; and
‘‘(ii) with respect to all education services
already available—
‘‘(I) geographic and demographic fac-
tors in the affected areas;
‘‘(II) adequacy and comparability of
programs already available;
‘‘(III) consistency of available pro-
grams with tribal education codes or tribal
legislation on education; and
620
•HR 1 RH1&2
‘‘(IV) the history and success of these
services for the proposed population to be
served, as determined from all factors in-
cluding, if relevant, standardized examina-
tion performance.
‘‘(C) The Secretary may not make a deter-
mination under this paragraph that is pri-
marily based upon the geographic proximity of
comparable public education.
‘‘(D) Applications submitted under para-
graph (1)(A) shall include information on the
factors described in subparagraph (B)(i), but the
applicant may also provide the Secretary such
information relative to the factors described in
subparagraph (B)(ii) as the applicant considers
appropriate.
‘‘(E) If the Secretary fails to make a deter-
mination under subparagraph (A) with respect
to an application within 180 days after the date
on which the Secretary received the application,
the Secretary shall be treated as having made a
determination that the tribally controlled school
is eligible for assistance under the title and the
grant shall become effective 18 months after the
date on which the Secretary received the applica-
621
•HR 1 RH1&2
tion, or on an earlier date, at the Secretary’s
discretion.
‘‘(d) FILING OF APPLICATIONS AND REPORTS.—
‘‘(1) IN GENERAL.—All applications and reports
submitted to the Secretary under this part, and any
amendments to such applications or reports, shall be
filed with the education line officer designated by the
Director of the Office of Indian Education Programs
of the Bureau of Indian Affairs. The date on which
such filing occurs shall, for purposes of this part, be
treated as the date on which the application or
amendment was submitted to the Secretary.
‘‘(2) SUPPORTING DOCUMENTATION.—Any appli-
cation that is submitted under this chapter shall be
accompanied by a document indicating the action
taken by the tribal governing body in authorizing
such application.
‘‘(e) EFFECTIVE
DATE
FOR
APPROVED
APPLICA-
TIONS.—Except as provided by subsection (c)(2)(E), a
grant provided under this part, and any transfer of the op-
eration of a Bureau school made under subsection (b), shall
become effective beginning the academic year succeeding the
fiscal year in which the application for the grant or transfer
is made, or at an earlier date determined by the Secretary.
‘‘(f) DENIAL OF APPLICATIONS.—
622
•HR 1 RH1&2
‘‘(1) IN GENERAL.—Whenever the Secretary re-
fuses to approve a grant under this chapter, to trans-
fer operation of a Bureau school under subsection (b),
or determines that a school is not eligible for assist-
ance under this part, the Secretary shall—
‘‘(A) state the objections in writing to the
tribe or tribal organization within the allotted
time;
‘‘(B) provide assistance to the tribe or tribal
organization to overcome all stated objections.
‘‘(C) at the request of the tribe or tribal or-
ganization, provide the tribe or tribal organiza-
tion a hearing on the record under the same
rules and regulations that apply under the In-
dian Self-Determination and Education Assist-
ance Act; and
‘‘(D) provide an opportunity to appeal the
objection raised.
‘‘(2) 
TIMELINE
FOR
RECONSIDERATION
OF
AMENDED APPLICATIONS.—The Secretary shall recon-
sider any amended application submitted under this
part within 60 days after the amended application is
submitted to the Secretary.
‘‘(g) REPORT.—The Bureau shall submit an annual
report to the Congress on all applications received, and ac-
623
•HR 1 RH1&2
tions taken (including the costs associated with such ac-
tions), under this section at the same time that the Presi-
dent is required to submit to Congress the budget under sec-
tion 1105 of title 31, United States Code.
‘‘SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.
‘‘(a) IN GENERAL.—If the Secretary determines that
a tribally controlled school is eligible for assistance under
this part, the eligibility determination shall remain in effect
until the determination is revoked by the Secretary, and
the requirements of subsection (b) or (c) of section 5206,
if applicable, shall be considered to have been met with re-
spect to such school until the eligibility determination is
revoked by the Secretary.
‘‘(b) ANNUAL REPORTS.—
‘‘(1) IN GENERAL.—Each recipient of a grant
provided under this part shall complete an annual re-
port which shall be limited to—
‘‘(A) an annual financial statement report-
ing revenue and expenditures as defined by the
cost accounting established by the grantee;
‘‘(B) an annual financial audit conducted
pursuant to the standards of the Single Audit
Act of 1984;
‘‘(C) an annual submission to the Secretary
of the number of students served and a brief de-
624
•HR 1 RH1&2
scription of programs offered under the grant;
and
‘‘(D) a program evaluation conducted by an
impartial evaluation review team, to be based on
the standards established for purposes of sub-
section (c)(1)(A)(ii).
‘‘(2) EVALUATION REVIEW TEAMS.—Where ap-
propriate, other tribally controlled schools and rep-
resentatives of tribally controlled community colleges
shall make up members of the evaluation review
teams.
‘‘(3) EVALUATIONS.—In the case of a school
which is accredited, evaluations will be conducted at
intervals under the terms of accreditation.
‘‘(4) SUBMISSION OF REPORT.—
‘‘(A) TO
TRIBALLY
GOVERNING
BODY.—
Upon completion of the report required under
paragraph (a), the recipient of the grant shall
send (via first class mail, return receipt re-
quested) a copy of such annual report to the trib-
al governing body (as defined in section 1132(f)
of the Education Amendments of 1978) of the
tribally controlled school.
‘‘(B) TO SECRETARY.—Not later than 30
days after receiving written confirmation that
627
•HR 1 RH1&2
school entered into under the Indian Self-
Determination and Education Assistance
Act (or revisions of such standards agreed to
by the Secretary and the grantee) prior to
the date of the enactment of this Act. If the
Secretary and the grantee other than the
tribal governing body fail to agree on such
an evaluator, the tribal governing body
shall choose the evaluator or perform the
evaluation. If the Secretary and a grantee
which is the tribal governing body fail to
agree on such an evaluator, this subclause
shall not apply.
‘‘(B) The choice of standards employed for the
purpose of subparagraph (A)(ii) shall be consistent
with section 1121(e) of the Education Amendments of
1978.
‘‘(2) NOTICE
REQUIREMENTS
FOR
REVOCA-
TION.—The Secretary shall not revoke a determina-
tion that a school is eligible for assistance under this
part, or reassume control of a school that was a Bu-
reau school prior to approval of an application sub-
mitted 
under 
section 
5206(b)(1)(A) 
until 
the
Secretary—
628
•HR 1 RH1&2
‘‘(A) provides notice to the tribally con-
trolled school and the tribal governing body
(within the meaning of section 1141(14) of the
Education Amendments of 1978) of the tribally
controlled school which states—
‘‘(i) the specific deficiencies that led to
the revocation or resumption determination;
and
‘‘(ii) the actions that are needed to
remedy such deficiencies; and
‘‘(B) affords such authority an opportunity
to effect the remedial actions.
‘‘(3) TECHNICAL
ASSISTANCE.—The Secretary
shall provide such technical assistance as is prac-
ticable to effect such remedial actions. Such notice
and technical assistance shall be in addition to a
hearing and appeal to be conducted pursuant to the
regulations described in section 5206(f)(1)(C).
‘‘(d) APPLICABILITY OF SECTION PURSUANT TO ELEC-
TION UNDER SECTION 5209(b).—With respect to a tribally
controlled school which receives assistance under this part
pursuant to an election made under section 5209(b)—
‘‘(1) subsection (b) of this section shall apply;
and
629
•HR 1 RH1&2
‘‘(2) the Secretary may not revoke eligibility for
assistance under this part except in conformance with
subsection (c) of this section.
‘‘SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.
‘‘(a) PAYMENTS.—
‘‘(1) IN GENERAL.—Except as otherwise provided
in this subsection, the Secretary shall make payments
to grantees under this part in two payments, of
which—
‘‘(A) the first payment shall be made not
later than July 15 of each year in an amount
equal to 85 percent of the amount which the
grantee was entitled to receive during the pre-
ceding academic year; and
‘‘(B) the second payment, consisting of the
remainder to which the grantee is entitled for the
academic year, shall be made not later than De-
cember 1 of each year.
‘‘(2) NEWLY FUNDED SCHOOLS.—For any school
for which no payment under this part was made from
Bureau funds in the preceding academic year, full
payment of the amount computed for the first aca-
demic year of eligibility under this part shall be made
not later than December 1 of the academic year.
630
•HR 1 RH1&2
‘‘(3) LATE FUNDING.—With regard to funds for
grantees that become available for obligation on Octo-
ber 1 of the fiscal year for which such funds are ap-
propriated, the Secretary shall make payments to
grantees not later than December 1 of the fiscal year.
‘‘(4) APPLICABILITY OF CERTAIN TITLE 31 PROVI-
SIONS.—The provisions of chapter 39 of Title 31,
United States Code, shall apply to the payments re-
quired to be made by paragraphs (1), (2), and (3).
‘‘(5) RESTRICTIONS.—Paragraphs (1), (2), and
(3) shall be subject to any restriction on amounts of
payments under this part that are imposed by a con-
tinuing resolution or other Act appropriating the
funds involved.
‘‘(b) INVESTMENT OF FUNDS.—
‘‘(1) TREATMENT OF INTEREST AND INVESTMENT
INCOME.—Notwithstanding any other provision of
law, any interest or investment income that accrues
to any funds provided under this part after such
funds are paid to the Indian tribe or tribal organiza-
tion and before such funds are expended for the pur-
pose for which such funds were provided under this
part shall be the property of the Indian tribe or tribal
organization and shall not be taken into account by
any officer or employee of the Federal Government in
631
•HR 1 RH1&2
determining whether to provide assistance, or the
amount of assistance, under any provision of Federal
law. Such interest income shall be spent on behalf of
the school.
‘‘(2) PERMISSIBLE
INVESTMENTS.—Funds pro-
vided under this part may be invested by the Indian
tribe or tribal organization before such funds are ex-
pended for the purposes of this part so long as such
funds are—
‘‘(A) invested by the Indian tribe or tribal
organization only in obligations of the United
States, or in obligations or securities that are
guaranteed or insured by the United States, or
mutual (or other) funds registered with the Secu-
rities and Exchange Commission and which only
invest in obligations of the United States, or se-
curities that are guaranteed or insured by the
United States; or
‘‘(B) deposited only into accounts that are
insure by and agency or instrumentality of the
United States, or are fully collateralized to en-
sure protection of the funds, even in the event of
a bank failure.
‘‘(c) RECOVERIES.—For the purposes of underrecovery
and overrecovery determinations by any Federal agency for
632
•HR 1 RH1&2
any other funds, from whatever source derived, funds re-
ceived under this part shall not be taken into consideration.
‘‘SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSIST-
ANCE ACT.
‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—
The following provisions of the Indian Self-Determination
and Education Assistance Act (and any subsequent revi-
sions thereto or renumbering thereof), shall apply to grants
provided under this part:
‘‘(1) Section 5(f) (relating to single agency
audit).
‘‘(2) Section 6 (relating to criminal activities;
penalties).
‘‘(3) Section 7 (relating to wage and labor stand-
ards).
‘‘(4) Section 104 (relating to retention of Federal
employee coverage).
‘‘(5) Section 105(f) (relating to Federal prop-
erty).
‘‘(6) Section 105(k) (relating to access to Federal
sources of supply).
‘‘(7) Section 105(l) (relating to lease of facility
used for administration and delivery of services).
634
•HR 1 RH1&2
‘‘(2) EFFECTIVE DATE OF ELECTION.—Any elec-
tion made under paragraph (1) shall take effect on
the later of—
‘‘(A) October 1 of the fiscal year succeeding
the fiscal year in which such election is made; or
‘‘(B) 60 days after the date of such election.
‘‘(3) EXCEPTION.—In any case in which the 60-
day period referred to in paragraph (2)(B) is less
than 60 days before the beginning of the succeeding
fiscal year, such election shall not take effect until the
fiscal year after the fiscal year succeeding the election.
‘‘(c) NO DUPLICATION.—No funds may be provided
under any contract entered into under the Indian Self-De-
termination and Education Assistance Act to pay any ex-
penses incurred in providing any program or services if
a grant has been made under this part to pay such expenses.
‘‘(d) TRANSFERS AND CARRYOVERS.—
‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATE-
RIALS.—A tribe or tribal organization assuming the
operation of—
‘‘(A) a Bureau school with assistance under
this part shall be entitled to the transfer or use
of buildings, equipment, supplies, and materials
to the same extent as if it were contracting under
635
•HR 1 RH1&2
the Indian Self-Determination and Education
Assistance Act; or
‘‘(B) a contract school with assistance under
this part shall be entitled to the transfer or use
of buildings, equipment, supplies and materials
that were used in the operation of the contract
school to the same extent as if it were contracting
under the Indian Self-Determination and Edu-
cation Assistance Act.
‘‘(2) FUNDS.—Any tribe or tribal organization
which assumes operation of a Bureau school with as-
sistance under this part and any tribe or tribal orga-
nization which elects to operate a school with assist-
ance under this part rather that to continue as a con-
tract school shall be entitled to any funds which
would carryover from the previous fiscal year as if
such school were operated as a contract school.
‘‘(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—Any
exception or problem cited in an audit conducted pursuant
to section 5207(b)(2), any dispute regarding a grant au-
thorized to be made pursuant to this part or any amend-
ment to such grant, and any dispute involving an adminis-
trative cost grant under section 1128 of the Education
Amendments of 1978 shall be administered under the provi-
sions governing such exceptions, problems, or disputes in
636
•HR 1 RH1&2
the case of contracts under the Indian Self-Determination
and Education Assistance Act of 1975. The Equal Access
to Justice Act shall apply to administrative appeals filed
after September 8, 1988, by grantees regarding a grant
under this part, including an administrative cost grant.
‘‘SEC. 5210. ROLE OF THE DIRECTOR.
‘‘Applications for grants under this part, and all ap-
plication modifications, shall be reviewed and approved by
personnel under the direction and control of the Director
of the Office of Indian Education Programs. Required re-
ports shall be submitted to education personnel under the
direction and control of the Director of such Office.
‘‘SEC. 5211. REGULATIONS.
‘‘The Secretary is authorized to issue regulations relat-
ing to the discharge of duties specifically assigned to the
Secretary by this part. In all other matters relating to the
details of planning, development, implementing, and evalu-
ating grants under this part, the Secretary shall not issue
regulations. Regulations issued pursuant to this part shall
not have the standing of a Federal statute for the purposes
of judicial review.
‘‘SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL
ENDOWMENT PROGRAM.
‘‘(a) IN GENERAL.—
637
•HR 1 RH1&2
‘‘(1) TRUST
FUNDS.—Each school receiving
grants under this part may establish, at a Federally
insured banking and savings institution, a trust fund
for the purposes of this section.
‘‘(2) AUTHORITY OF SCHOOLS REGARDING TRUST
FUNDS.—The school may provide—
‘‘(A) for the deposit into the trust fund, only
funds from non-Federal sources, except that the
interest on funds received from grants under this
part may be used for this purpose;
‘‘(B) for the deposit in the account of any
earnings on funds deposited in the account; and
‘‘(C) for the sole use of the school any
noncash, in-kind contributions of real or per-
sonal property, such property may at any time
be converted to cash.
‘‘(b) INTEREST.—Interest from the fund established
under subsection (a) may periodically be withdrawn and
used, at the discretion of the school, to defray any expenses
associated with the operation of the school.
‘‘SEC. 5213. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) BUREAU.—The term ‘Bureau’ means the
Bureau of Indian Affairs of the Department of the In-
terior.
638
•HR 1 RH1&2
‘‘(2) ELIGIBLE INDIAN STUDENT.—The term ‘eli-
gible Indian student’ has the meaning of such term in
section 1127(f) of the Education Amendments of 1978.
‘‘(3) INDIAN
TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including Alaska Native
Village or regional corporations (as defined in or es-
tablished pursuant to the Alaskan Native Claims Set-
tlement Act, which is recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as Indians.
‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ means a public board of
education or other public authority legally constituted
within a State for either administrative control or di-
rection of, or to perform a service function for, public
elementary or secondary schools in a city, county,
township, school district, or other political subdivi-
sion of a State or such combination of school districts
or counties as are recognized in a State as an admin-
istrative agency for its public elementary or sec-
ondary schools. Such term includes any other public
institution or agency having administrative control
and direction of a public elementary or secondary
school.
639
•HR 1 RH1&2
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of the Interior.
‘‘(6) TRIBAL
ORGANIZATION.—(A) The term
‘tribal organization’ means—
‘‘(i) the recognized governing body of any
Indian tribe; or
‘‘(ii) any legally established organization of
Indians which—
‘‘(I) is controlled, sanctioned, or char-
tered by such governing body or is demo-
cratically elected by the adult members of
the Indian community to be served by such
organization; and
‘‘(II) includes the maximum participa-
tion of Indians in all phases of its activi-
ties.
‘‘(B) In any case in which a grant is provided
under this part to an organization to provide services
benefiting more than one Indian tribe, the approval
of the governing bodies of Indian tribes representing
80 percent of those students attending the tribally
controlled school shall be considered a sufficient tribal
authorization for such grant.
‘‘(7) TRIBALLY CONTROLLED SCHOOL.—The term
‘tribally controlled school’ means a school operated by
640
•HR 1 RH1&2
a tribe or a tribal organization, enrolling students in
kindergarten through grade 12, including preschools,
which is not a local educational agency and which is
not directly administered by the Bureau of Indian Af-
fairs.’’.
TITLE 
IV—PROMOTING 
IN-
FORMED PARENTAL CHOICE
AND INNOVATIVE PROGRAMS
PART A—INNOVATIVE PROGRAMS
SEC. 401. INNOVATIVE PROGRAMS.
Title IV is amended to read as follows:
‘‘TITLE 
IV—PROMOTING 
IN-
FORMED PARENTAL CHOICE
AND INNOVATIVE PROGRAMS
‘‘PART A—INNOVATIVE PROGRAMS
‘‘Subpart 1—State and Local Innovative Programs
‘‘SEC. 4101. FINDINGS AND STATEMENT OF PURPOSE.
‘‘(a) FINDINGS.—Congress finds that this subpart—
‘‘(1) provides flexibility to meet local needs;
‘‘(2) promotes local and State education reforms;
‘‘(3) contributes to the improvement of academic
achievement for all students;
‘‘(4) provides funding for critical activities; and
‘‘(5) provides services for private school students.
641
•HR 1 RH1&2
‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of
programs under this subpart—
‘‘(1) to provide funding to enable States and
local educational agencies to implement promising
educational reform programs and school improvement
initiatives based on scientifically based research;
‘‘(2) to provide a continuing source of innova-
tion and educational improvement, including support
for library services and instructional and media ma-
terials; and
‘‘(3) to meet the educational needs of all stu-
dents, including at-risk youth.
‘‘(c) STATE AND LOCAL RESPONSIBILITY.—
‘‘(1) IN GENERAL.—The States shall have the
basic responsibility for the administration of funds
made available under this subpart, but such adminis-
tration shall be carried out with a minimum of pa-
perwork.
‘‘(2) DESIGN AND IMPLEMENTATION.—Notwith-
standing paragraph (1), local educational agencies,
school superintendents and principals, and classroom
teachers and supporting personnel shall be mainly re-
sponsible for the design and implementation of pro-
grams assisted under this subpart, because such agen-
cies and individuals have the most direct contact with
642
•HR 1 RH1&2
students and are most likely to be able to design pro-
grams to meet the educational needs of students in
their own school districts.
‘‘CHAPTER 1—STATE AND LOCAL
PROGRAMS
‘‘SEC. 4111. ALLOCATION TO STATES.
‘‘(a) RESERVATIONS.—From the sums appropriated to
carry out this subpart for each fiscal year, the Secretary
shall reserve not more than 1 percent for payments to out-
lying areas to be allotted in accordance with their respective
needs.
‘‘(b) ALLOCATION OF REMAINDER.—From the remain-
der of such sums, the Secretary shall allocate, and make
available in accordance with this subpart, to each State an
amount which bears the same ratio to the amount of such
remainder as the school-age population of the State bears
to the school-age population of all States, except that no
State shall receive less than an amount equal to 1⁄2 of 1
percent of such remainder.
‘‘SEC. 4112. ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) DISTRIBUTION RULE.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2),
from the sums made available each year to carry out
this subpart, the State shall distribute not less than
643
•HR 1 RH1&2
85 percent to local educational agencies within such
State according to the relative enrollments in public
and private, nonprofit schools within the jurisdictions
of such agencies, adjusted, in accordance with criteria
approved by the Secretary, to provide higher per-
pupil allocations to local educational agencies that
have the greatest numbers or percentages of children
whose education imposes a higher than average cost
per child, such as—
‘‘(A) children living in areas with high con-
centrations of economically disadvantaged fami-
lies;
‘‘(B) children from economically disadvan-
taged families; and
‘‘(C) children living in sparsely populated
areas.
‘‘(2) EXCEPTION.—100 percent of any amount
by which the funds paid to a State under this subpart
for a fiscal year exceed the amount of such funds paid
to the State for fiscal year 2001 shall be distributed
to local educational agencies and used locally for in-
novative assistance described in section 4131(b).
‘‘(3) LIMITATION ON USE OF FUNDS FOR ADMIN-
ISTRATION.—In each fiscal year, a State may use not
more than 25 percent of the funds available for State
644
•HR 1 RH1&2
programs under this subpart for State administration
under section 4121.
‘‘(b) CALCULATION OF ENROLLMENTS.—
‘‘(1) IN GENERAL.—The calculation of relative
enrollments under subsection (a)(1) shall be on the
basis of the total of—
‘‘(A) the number of children enrolled in
public schools; and
‘‘(B) the number of children enrolled in pri-
vate, nonprofit schools whose parents would like
their children to participate in programs or
projects assisted under this subpart, for the fiscal
year preceding the fiscal year for which the de-
termination is made.
‘‘(2) CONSTRUCTION.—Nothing in this subsection
shall diminish the responsibility of each local edu-
cational agency to contact, on an annual basis, ap-
propriate officials from private nonprofit schools
within the areas served by such agencies in order to
determine whether such schools desire that their chil-
dren participate in programs assisted under this
chapter.
‘‘(3) ADJUSTMENTS.—
‘‘(A) IN
GENERAL.—Relative enrollments
calculated under subsection (a)(1) shall be ad-
645
•HR 1 RH1&2
justed, in accordance with criteria approved by
the Secretary under subparagraph (B), to pro-
vide higher per-pupil allocations only to local
educational agencies that serve the greatest num-
bers or percentages of—
‘‘(i) children living in areas with high
concentrations of economically disadvan-
taged families;
‘‘(ii) children from economically dis-
advantaged families; or
‘‘(iii) children living in sparsely popu-
lated areas.
‘‘(B) CRITERIA.—The Secretary shall review
criteria submitted by a State for adjusting allo-
cations under paragraph (1) and shall approve
such criteria only if the Secretary determines
that such criteria are reasonably calculated to
produce an adjusted allocation that reflects the
relative needs of the State’s local educational
agencies based on the factors set forth in sub-
paragraph (A).
‘‘(c) PAYMENT OF ALLOCATIONS.—
‘‘(1) DISTRIBUTION.—From the funds paid to a
State under this subpart for a fiscal year, a State
shall distribute to each eligible local educational agen-
646
•HR 1 RH1&2
cy that has submitted an application as required in
section 4133 the amount of such local educational
agency’s allocation, as determined under subsection
(a).
‘‘(2) ADDITIONAL FUNDS.—
‘‘(A) IN
GENERAL.—Additional funds re-
sulting from higher per-pupil allocations pro-
vided to a local educational agency on the basis
of adjusted enrollments of children described in
subsection (a)(1) may, in the discretion of the
local educational agency, be allocated for expend-
itures to provide services for children enrolled in
public and private, nonprofit schools in direct
proportion to the number of children described in
subsection (a)(1) and enrolled in such schools
within the local educational agency.
‘‘(B) ELECTION.—In any fiscal year, any
local educational agency that elects to allocate
such additional funds in the manner described
in subparagraph (A) shall allocate all additional
funds to schools within the local educational
agency in such manner.
‘‘(C) CONSTRUCTION.—Subparagraphs (A)
and (B) may not be construed to require any
school to limit the use of the additional funds de-
648
•HR 1 RH1&2
‘‘SEC. 4122. STATE APPLICATIONS.
‘‘(a) APPLICATION REQUIREMENTS.—If a State seeks
to receive assistance under this subpart, the individual, en-
tity, or agency responsible for public elementary and sec-
ondary education policy under the State constitution or
State law shall submit to the Secretary an application
that—
‘‘(1) provides for an annual statewide summary
of how assistance under this subpart is contributing
toward improving student achievement or improving
the quality of education for students;
‘‘(2) provides information setting forth the allo-
cation of such funds required to implement section
4142;
‘‘(3) provides that the State will keep such
records and provide such information to the Secretary
as may be required for fiscal audit and program eval-
uation (consistent with the responsibilities of the Sec-
retary under this section);
‘‘(4) provides assurance that, apart from tech-
nical and advisory assistance and monitoring compli-
ance with this subpart, the State has not exercised
and will not exercise any influence in the decision-
making processes of local educational agencies as to
the expenditure made pursuant to an application
under section 4133;
649
•HR 1 RH1&2
‘‘(5) contains assurances that there is compliance
with the specific requirements of this subpart; and
‘‘(6) provides for timely public notice and public
dissemination of the information provided under
paragraph (2).
‘‘(b) STATEWIDE SUMMARY.—The statewide summary
referred to in subsection (a)(1) shall be submitted to the Sec-
retary and shall be derived from the evaluation information
submitted by local educational agencies to the State under
section 4133(a)(2)(H). The format and content of such sum-
mary shall be in the discretion of the State and may include
statistical measures such as the number of students served
by each type of innovative assistance described in section
4131(b), including the number of teachers trained.
‘‘(c) PERIOD OF APPLICATION.—An application filed
by the State under subsection (a) shall be for a period not
to exceed 3 years, and may be amended annually as may
be necessary to reflect changes without filing a new applica-
tion.
‘‘(d) AUDIT
LIMITATION.—Each local educational
agency receiving less than an average of $5,000 under this
subpart may not be audited more frequently than once every
5 years.
650
•HR 1 RH1&2
‘‘CHAPTER 3—LOCAL INNOVATIVE
EDUCATION PROGRAMS
‘‘SEC. 4131. USE OF FUNDS.
‘‘(a) IN GENERAL.—Funds made available to local
educational agencies under section 4112 shall be used for
innovative assistance programs described in subsection (b).
‘‘(b) INNOVATIVE ASSISTANCE.—The innovative assist-
ance programs referred to in subsection (a) may include—
‘‘(1) professional development activities and the
hiring of teachers, including activities carried out in
accordance with title II, that give teachers, prin-
cipals, and administrators the knowledge and skills to
provide students with the opportunity to meet chal-
lenging State or local academic content standards
and student achievement standards;
‘‘(2) technology related to the implementation of
school-based reform programs, including professional
development to assist teachers, and other school offi-
cials, regarding how to use effectively such equipment
and software;
‘‘(3) programs for the development or acquisition
and use of instructional and educational materials,
including library services and materials (including
media materials), academic assessments, reference
materials, computer software and hardware for in-
651
•HR 1 RH1&2
structional use, and other curricular materials that
are tied to high academic standards, that will be used
to improve student achievement, and that are part of
an overall education reform program;
‘‘(4) promising education reform projects, in-
cluding effective schools and magnet schools;
‘‘(5) programs to improve the academic skills of
disadvantaged elementary and secondary school stu-
dents and to prevent students from dropping out of
school;
‘‘(6) programs to combat illiteracy;
‘‘(7) programs to provide for the educational
needs of gifted and talented children;
‘‘(8) planning, designing, and initial implemen-
tation of charter schools as described in part B;
‘‘(9) school improvement programs or activities
under sections 1116 and 1117;
‘‘(10) community service programs that use
qualified school personnel to train and mobilize
young people to measurably strengthen their commu-
nities through nonviolence, responsibility, compassion,
respect, and moral courage;
‘‘(11) activities to promote consumer, economic,
and personal finance education, such as dissemi-
nating and encouraging the best practices for teaching
652
•HR 1 RH1&2
the basic principles of economics and promoting the
concept of achieving financial literacy through the
teaching of personal financial management skills (in-
cluding the basic principles involved with earning,
spending, saving, and investing);
‘‘(12) activities to promote, implement, or ex-
pand public school choice;
‘‘(13) programs to hire and support school
nurses;
‘‘(14) expanding and improving school-based
mental health services, including early identification
of drug use and violence, assessment, and direct indi-
vidual or group counseling services provided to stu-
dents, parents, and school personnel by qualified
school based mental health services personnel; and
‘‘(15) alternative educational programs for those
students who have been expelled or suspended from
their regular educational setting, including programs
to assist students to reenter the regular educational
setting upon return from treatment or alternative
educational programs.
‘‘SEC. 4132. ADMINISTRATIVE AUTHORITY.
‘‘In order to conduct the activities authorized by this
subpart, each State or local educational agency may use
funds made available under this subpart to make grants
653
•HR 1 RH1&2
to, and to enter into contracts with, local educational agen-
cies, institutions of higher education, libraries, museums,
and other public and private nonprofit agencies, organiza-
tions, and institutions, including religious organizations.
‘‘SEC. 4133. LOCAL APPLICATIONS.
‘‘(a) CERTIFICATION.—
‘‘(1) IN GENERAL.—A local educational agency
or a consortium of such agencies may receive an allo-
cation of funds under this subpart for any year for
which the agency or consortium submits an applica-
tion under this section that is certified by the State
to meet the requirements of this section.
‘‘(2) CONTENTS
OF APPLICATION.—The State
shall certify each application that—
‘‘(A) describes locally identified needs rel-
ative to the purposes of this subpart and to the
innovative 
assistance 
described 
in 
section
4131(b);
‘‘(B) based on the needs identified in sub-
paragraph (A), sets forth the planned allocation
of funds among innovative assistance programs
described in section 4131 and describes the pro-
grams, projects, and activities designed to carry
out such innovative assistance programs that the
local educational agency intends to support;
655
•HR 1 RH1&2
groups involved in the implementation of this
subpart (such as librarians, school counselors,
and other pupil services personnel) as may be
considered appropriate by the local educational
agency; and
‘‘(H) provides assurance that—
‘‘(i) programs, services, and activities
will be evaluated annually;
‘‘(ii) such evaluation will be used to
determine 
and 
implement 
appropriate
changes in program services and activities
for the subsequent year;
‘‘(iii) such evaluation will describe how
assistance under this subpart contributed
toward 
improving 
student 
academic
achievement; and
‘‘(iv) such evaluation will be submitted
to the State in the time and manner re-
quested by the State.
‘‘(b) TIME PERIOD
TO WHICH APPLICATION RE-
LATES.—An application submitted by a local educational
agency under subsection (a) may seek allocations under this
part for a period of time not to exceed 3 fiscal years and
may be amended annually as may be necessary to reflect
changes without the filing of a new application.
656
•HR 1 RH1&2
‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—
‘‘(1) IN
GENERAL.—Subject to the limitations
and requirements of this subpart, a local educational
agency shall have complete discretion in determining
how funds made available under this chapter will be
divided among programs and activities described in
section 4131.
‘‘(2) LIMITATION.—In exercising the discretion
described in paragraph (1), a local educational agen-
cy shall ensure that expenditures under this chapter
carry out the purposes of this subpart and are used
to meet the educational needs within the schools of
such local educational agency.
‘‘CHAPTER 4—GENERAL PROVISIONS
‘‘SEC. 4141. MAINTENANCE OF EFFORT; FEDERAL FUNDS
SUPPLEMENTARY.
‘‘(a) MAINTENANCE OF EFFORT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a State is entitled to receive its full alloca-
tion of funds under this subpart for any fiscal year
only if the Secretary determines that either the com-
bined fiscal effort per student or the aggregate expend-
itures within the State with respect to the provision
of free public education for the fiscal year preceding
the fiscal year for which the determination is made
657
•HR 1 RH1&2
was not less than 90 percent of such combined fiscal
effort or aggregate expenditures for the fiscal year
that is 2 fiscal years before the fiscal year for which
the determination is made.
‘‘(2) REDUCTION
OF
FUNDS.—The Secretary
shall reduce the amount of the allocation of funds
under this subpart in any fiscal year in the exact
proportion to which the State fails to meet the re-
quirements of paragraph (1) by falling below 90 per-
cent of both the fiscal effort per student and aggregate
expenditures (using the measure most favorable to the
State), and no such lesser amount shall be used for
computing the effort required under paragraph (1) for
subsequent years.
‘‘(3) WAIVER.—The Secretary may waive, for 1
fiscal year only, the requirements of this section if the
Secretary determines that such a waiver would be eq-
uitable due to exceptional or uncontrollable cir-
cumstances such as a natural disaster or a precipi-
tous and unforeseen decline in the financial resources
of the State.
‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State or
local educational agency may use and allocate funds re-
ceived under this subpart only to supplement and, to the
extent practical, to increase the level of funds that would,
658
•HR 1 RH1&2
in the absence of Federal funds made available under this
subpart, be made available from non-Federal sources, and
in no case may such funds be used so as to supplant funds
from non-Federal sources.
‘‘SEC. 4142. PARTICIPATION OF CHILDREN ENROLLED IN
PRIVATE SCHOOLS.
‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—
‘‘(1) IN GENERAL.—To the extent consistent with
the number of children in the school district of a local
educational agency which is eligible to receive funds
under this subpart or which serves the area in which
a program or project assisted under this subpart is lo-
cated, who are enrolled in private nonprofit elemen-
tary and secondary schools, or with respect to instruc-
tional or personnel training programs funded by the
State from funds made available for State use, such
agency, after consultation with appropriate private
school officials—
‘‘(A) shall provide for the benefit of such
children in such schools secular, neutral, and
nonideological services, materials, and equip-
ment, including the participation of the teachers
of such children (and other educational personnel
serving such children) in training programs, and
the repair or minor remodeling of public facili-
659
•HR 1 RH1&2
ties as may be necessary for their provision (con-
sistent with subsection (c) of this section); or
‘‘(B) if such services, materials, and equip-
ment are not feasible or necessary in 1 or more
such private schools as determined by the local
educational agency after consultation with the
appropriate private school officials, shall provide
such other arrangements as will assure equitable
participation of such children in the purposes
and benefits of this subpart.
‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no
program or project is carried out under paragraph
(1) in the school district of a local educational agen-
cy, the State shall make arrangements, such as
through contracts with nonprofit agencies or organi-
zations, under which children in private schools in
such district are provided with services and materials
to the extent that would have occurred if the local
educational agency had received funds under this sub-
part.
‘‘(3) APPLICATION OF REQUIREMENTS.—The re-
quirements of this section relating to the participa-
tion of children, teachers, and other personnel serving
such children shall apply to programs and projects
carried out under this subpart by a State or local
660
•HR 1 RH1&2
educational agency, whether directly or through
grants to or contracts with other public or private
agencies, institutions, or organizations.
‘‘(b) EQUAL EXPENDITURES.—
‘‘(1) IN GENERAL.—Expenditures for programs
pursuant to subsection (a) shall be equal (consistent
with the number of children to be served) to expendi-
tures for programs under this subpart for children en-
rolled in the public schools of the local educational
agency.
‘‘(2) CONCENTRATED
PROGRAMS.—Taking into
account the needs of the individual children and other
factors which relate to the expenditures referred to in
paragraph (1), and when funds available to a local
educational agency under this subpart are used to
concentrate programs or projects on a particular
group, attendance area, or grade or age level, children
enrolled in private schools who are included within
the group, attendance area, or grade or age level se-
lected for such concentration shall, after consultation
with the appropriate private school officials, be as-
sured equitable participation in the purposes and
benefits of such programs or projects.
‘‘(c) ADMINISTRATIVE RULES.—
661
•HR 1 RH1&2
‘‘(1) FUNDS
AND
PROPERTY.—The control of
funds provided under this subpart, and title to mate-
rials, equipment, and property repaired, remodeled,
or constructed with such funds, shall be in a public
agency for the uses and purposes provided in this sub-
part, and a public agency shall administer such funds
and property.
‘‘(2) PROVISION OF SERVICES.—The provision of
services pursuant to this subpart shall be provided by
employees of a public agency or through contract by
such public agency with a person, an association,
agency, or corporation who or which, in the provision
of such services, is independent of such private school
and of any religious organizations, and such employ-
ment or contract shall be under the control and super-
vision of such public agency, and the funds provided
under this subpart shall not be commingled with
State or local funds.
‘‘(d) WAIVER.—
‘‘(1) STATE PROHIBITION WAIVER.—If by reason
of any provision of law a State or local educational
agency is prohibited from providing for the participa-
tion in programs of children enrolled in private ele-
mentary and secondary schools, as required by this
section, the Secretary shall waive such requirements
662
•HR 1 RH1&2
and shall arrange for the provision of services to such
children through arrangements which shall be subject
to the requirements of this section.
‘‘(2) FAILURE TO COMPLY.—If the Secretary de-
termines that a State or a local educational agency
has substantially failed or is unwilling to provide for
the participation on an equitable basis of children en-
rolled in private elementary and secondary schools as
required by this section, the Secretary may waive
such requirements and shall arrange for the provision
of services to such children through arrangements
which shall be subject to the requirements of this sec-
tion.
‘‘(e) WITHHOLDING OF ALLOCATION.—Pending final
resolution of any investigation or complaint that could re-
sult in a waiver under subsection (d)(1) or (d)(2), the Sec-
retary may withhold from the allocation of the affected
State or local educational agency the amount estimated by
the Secretary to be necessary to pay the cost of services to
be provided by the Secretary under such subsection.
‘‘(f) TERM OF DETERMINATIONS.—Any determination
by the Secretary under this section shall continue in effect
until the Secretary determines that there will no longer be
any failure or inability on the part of the State or local
663
•HR 1 RH1&2
educational agency to meet the requirements of subsections
(a) and (b).
‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When the
Secretary arranges for services pursuant to this section, the
Secretary shall, after consultation with the appropriate
public and private school officials, pay the cost of such serv-
ices, including the administrative costs of arranging for
those services, from the appropriate allotment of the State
under this subpart.
‘‘(h) REVIEW.—
‘‘(1) WRITTEN OBJECTIONS.—The Secretary shall
not take any final action under this section until the
State and the local educational agency affected by
such action have had an opportunity, for not less
than 45 days after receiving written notice thereof, to
submit written objections and to appear before the
Secretary or the Secretary’s designee to show cause
why that action should not be taken.
‘‘(2) COURT ACTION.—If a State or local edu-
cational agency is dissatisfied with the Secretary’s
final action after a proceeding under paragraph (1),
such agency may, not later than 60 days after notice
of such action, file with the United States court of ap-
peals for the circuit in which such State is located a
petition for review of that action. A copy of the peti-
664
•HR 1 RH1&2
tion shall be transmitted by the clerk of the court to
the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section
2112 of title 28, United States Code.
‘‘(3) REMAND TO SECRETARY.—The findings of
fact by the Secretary, if supported by substantial evi-
dence, shall be conclusive; but the court, for good
cause shown, may remand the case to the Secretary
to take further evidence and the Secretary may make
new or modified findings of fact and may modify the
Secretary’s previous action, and shall file in the court
the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
‘‘(4) COURT REVIEW.—Upon the filing of such
petition, the court shall have jurisdiction to affirm the
action of the Secretary or to set such action aside, in
whole or in part. The judgment of the court shall be
subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
‘‘(i) PRIOR DETERMINATION.—Any bypass determina-
tion by the Secretary under chapter 2 of title I of this Act
(as such chapter was in effect on the day preceding the date
665
•HR 1 RH1&2
of enactment of the Improving America’s Schools Act of
1994) shall, to the extent consistent with the purposes of
this title, apply to programs under this title.
‘‘SEC. 4143. FEDERAL ADMINISTRATION.
‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon
request, shall provide technical assistance to States and
local educational agencies under this subpart.
‘‘(b) RULEMAKING.—The Secretary shall issue regula-
tions under this subpart only to the extent that such regula-
tions are necessary to ensure that there is compliance with
the specific requirements and assurances required by this
subpart.
‘‘(c) AVAILABILITY
OF APPROPRIATIONS.—Notwith-
standing any other provision of law, unless expressly in
limitation of this subsection, funds appropriated in any fis-
cal year to carry out activities under this subpart shall be-
come available for obligation on July 1 of such fiscal year
and shall remain available for obligation until the end of
the subsequent fiscal year.
‘‘SEC. 4144. DEFINITIONS.
‘‘In this subpart, the following definitions apply:
‘‘(1) 
SCHOOL-AGE
POPULATION.—The 
term
‘school-age population’ means the population aged 5
through 17.
666
•HR 1 RH1&2
‘‘(2) STATE.—The term ‘State’ means each of the
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘SEC. 4145. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart $450,000,000 for fiscal year 2002 and such
sums as may be necessary for each of fiscal years 2003
through 2006.
‘‘Subpart 2—Arts Education
‘‘SEC. 4151. ASSISTANCE FOR ARTS EDUCATION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) every student can benefit from an education
in the arts;
‘‘(2) a growing body of research indicates that
education in the arts may provide cognitive benefits
and bolster academic achievement, beginning at an
early age and continuing through secondary school;
‘‘(3) qualified arts teachers and a sequential cur-
riculum are the basis and core for substantive arts
education for students;
‘‘(4) the arts should be taught according to rig-
orous academic standards under arts education pro-
grams that provide mechanisms under which edu-
cators are accountable to parents, school officials, and
the community;
667
•HR 1 RH1&2
‘‘(5) opportunities to participate in the arts have
enabled individuals with disabilities of all ages to
participate more fully in school and community ac-
tivities; and
‘‘(6) arts education is a valuable part of the ele-
mentary and secondary school curriculum.
‘‘(b) PURPOSES.—The purposes of this subpart are
to—
‘‘(1) support systemic education reform by
strengthening arts education as an integral part of
the elementary and secondary school curriculum; and
‘‘(2) help ensure that all students meet chal-
lenging State academic content standards and chal-
lenging State student academic achievement stand-
ards in the arts.
‘‘(c) AUTHORITY.—In accordance with this subpart,
the Secretary may make grants to, or enter into contracts
or cooperative agreements with, eligible entities described
in subsection (d).
‘‘(d) ELIGIBLE ENTITIES.—The Secretary may make
assistance available under subsection (c) to each of the fol-
lowing entities:
‘‘(1) States.
‘‘(2) Local educational agencies.
‘‘(3) Institutions of higher education.
668
•HR 1 RH1&2
‘‘(4) Museums or other cultural institutions.
‘‘(5) Any other public or private agencies, insti-
tutions, and organizations.
‘‘(e) USE
OF FUNDS.—Assistance made available
under this subpart may be used only for—
‘‘(1) research on arts education;
‘‘(2) planning, developing, acquiring, expanding,
improving, or disseminating model school-based arts
education programs;
‘‘(3) the development of model State arts edu-
cation assessments based on State academic stand-
ards;
‘‘(4) the development and implementation of cur-
riculum frameworks for arts education;
‘‘(5) the development of model inservice profes-
sional development programs for arts educators and
other instructional staff;
‘‘(6) supporting collaborative activities with Fed-
eral agencies or institutions, arts educators, and orga-
nizations representing the arts, including State and
local arts agencies involved in arts education;
‘‘(7) supporting model projects or programs in
the performing arts for children and youth or pro-
grams which assure the participation in mainstream
settings in arts and education programs of individ-
669
•HR 1 RH1&2
uals with disabilities through arrangements made
with organizations such as the John F. Kennedy Cen-
ter for the Performing Arts and VSA arts;
‘‘(8) supporting model projects or programs to
integrate arts education into the regular elementary
and secondary school curriculum; or
‘‘(9) other activities that further the purposes of
this subpart.
‘‘(f) CONDITIONS.—As conditions of receiving assist-
ance made available under this subpart, the Secretary shall
require each entity receiving such assistance—
‘‘(1) to coordinate, to the extent practicable, each
project or program carried out with such assistance
with appropriate activities of public or private cul-
tural agencies, institutions, and organizations, in-
cluding museums, arts education associations, librar-
ies, and theaters; and
‘‘(2) to use such assistance only to supplement
and not to supplant any other assistance or funds
made available from non-Federal sources for the ac-
tivities assisted under this subpart.
‘‘(g) CONSULTATION.—In carrying out this part, the
Secretary shall consult with Federal agencies or institu-
tions, arts educators (including professional arts education
associations), and organizations representing the arts in-
670
•HR 1 RH1&2
cluding State and local arts agencies involved in arts edu-
cation.
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this subpart
such sums as may be necessary for each of fiscal years 2002
through 2006.
‘‘Subpart 3—Gifted and Talented Children
‘‘SEC. 4161. SHORT TITLE.
‘‘This subpart may be cited as the ‘Jacob K. Javits
Gifted and Talented Students Education Act of 2001’.
‘‘SEC. 4162. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) While the families and communities of some
gifted and talented students can provide private edu-
cational programs with appropriately trained staff to
supplement public educational offerings, most gifted
and talented students, especially those from inner cit-
ies, rural communities, or low-income families, must
rely on the services and personnel available in public
schools. In order to ensure that there are equal edu-
cational opportunities for all gifted and talented stu-
dents in the United States, the public schools should
provide gifted and talented education programs car-
ried out by qualified professionals.
671
•HR 1 RH1&2
‘‘(2) Due to the wide dispersal of students who
are gifted and talented and the national interest in
a well-educated populace, it is the Federal Govern-
ment that can most effectively and appropriately con-
duct scientifically based research and development to
ensure that there is a national capacity to educate
students who are gifted and talented in the 21st cen-
tury.
‘‘(3) Many State and local educational agencies
lack the specialized resources and trained personnel
necessary to consistently plan and implement effective
programs for the identification of gifted and talented
students and for the provision of educational services
and programs appropriate for the needs of such stu-
dents.
‘‘(4) Because gifted and talented students are
generally more advanced academically, are generally
able to learn more quickly, and generally study in
more depth and complexity than others their age, they
require educational opportunities and experiences
that are different from those usually available to other
students.
‘‘(5) A typical elementary school student who is
academically gifted and talented has already mas-
tered 35 to 50 percent of the content to be learned in
672
•HR 1 RH1&2
several subjects in any school year before that year be-
gins. Without an advanced and challenging cur-
riculum, such a student may lose motivation and de-
velop poor study habits that are difficult to break.
‘‘(6) Classes in elementary and secondary schools
in the United States consist of students with a wide
variety of traits, characteristics, and needs. Although
most teachers receive some training to meet the needs
of students with limited English proficiency, students
with disabilities, and students from diverse cultural
and racial backgrounds, few receive training to meet
the needs of students who are gifted and talented.
‘‘(b) PURPOSE.—The purpose of this subpart is to ini-
tiate a coordinated program of scientifically based research,
demonstration projects, innovative strategies, and similar
activities designed to build and enhance the ability of ele-
mentary and secondary schools nationwide to meet the spe-
cial educational needs of gifted and talented students.
‘‘SEC. 4163. RULE OF CONSTRUCTION.
Nothing in this subpart shall be construed to prohibit
a recipient of funds under this subpart from serving gifted
and talented students simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
673
•HR 1 RH1&2
‘‘SEC. 4164. AUTHORIZED PROGRAMS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN GENERAL.—From the sums available to
carry out this subpart in any fiscal year, the Sec-
retary (after consultation with experts in the field of
the education of gifted and talented students) shall
make grants to, or enter into contracts with, State
educational agencies, local educational agencies, insti-
tutions of higher education, other public agencies, and
other private agencies and organizations (including
Indian tribes and Indian organizations (as such
terms are defined in section 4 of the Indian Self-De-
termination and Education Assistance Act (25 U.S.C.
450b)) and Native Hawaiian organizations) to assist
such agencies, institutions, and organizations in car-
rying out programs or projects authorized by this sub-
part that are designed to meet the educational needs
of gifted and talented students, including the training
of personnel in the education of gifted and talented
students and in the use, where appropriate, of gifted
and talented services, materials, and methods for all
students.
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—Each entity seeking as-
sistance under this subpart shall submit an ap-
plication to the Secretary at such time, in such
674
•HR 1 RH1&2
manner, and containing such information as the
Secretary may reasonably require.
‘‘(B) CONTENTS.—Each application sub-
mitted under this paragraph shall describe
how—
‘‘(i) the proposed gifted and talented
services, materials, and methods can be
adapted, if appropriate, for use by all stu-
dents; and
‘‘(ii) the proposed programs can be
evaluated.
‘‘(b) USE OF FUNDS.—Programs and projects assisted
under this section may include each of the following:
‘‘(1) Conducting—
‘‘(A) scientifically based research on meth-
ods and techniques for identifying and teaching
gifted and talented students, and for using gifted
and talented programs and methods to serve all
students; and
‘‘(B) program evaluations, surveys, and the
collection, analysis, and development of informa-
tion needed to accomplish the purpose of this
subpart.
‘‘(2) Professional development (including fellow-
ships) for personnel (including leadership personnel)
675
•HR 1 RH1&2
involved in the education of gifted and talented stu-
dents.
‘‘(3) Establishment and operation of model
projects and exemplary programs for serving gifted
and talented students, including innovative methods
for identifying and educating students who may not
be served by traditional gifted and talented programs,
including summer programs, mentoring programs,
service learning programs, and cooperative programs
involving business, industry, and education.
‘‘(4) Implementing innovative strategies, such as
cooperative learning, peer tutoring, and service learn-
ing.
‘‘(5) Programs of technical assistance and infor-
mation dissemination, including assistance and infor-
mation with respect to how gifted and talented pro-
grams and methods, where appropriate, may be
adapted for use by all students.
‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—
‘‘(1) IN
GENERAL.—The Secretary (after con-
sultation with experts in the field of the education of
gifted and talented students) shall establish a Na-
tional Center for Research and Development in the
Education of Gifted and Talented Children and Youth
through grants to or contracts with one or more insti-
676
•HR 1 RH1&2
tutions of higher education or State educational agen-
cies, or a combination or consortium of such institu-
tions and agencies and other public or private agen-
cies and organizations, for the purpose of carrying
out activities described in paragraph (1) of subsection
(b).
‘‘(2) DIRECTOR.—The National Center estab-
lished under paragraph (1) shall be headed by a Di-
rector. The Secretary may authorize the Director to
carry out such functions of the National Center as
may be agreed upon through arrangements with insti-
tutions of higher education, State or local educational
agencies, or other public or private agencies and orga-
nizations.
‘‘(d) LIMITATION.—Not more than 30 percent of the
funds available in any fiscal year to carry out the programs
and projects authorized by this section may be used to con-
duct activities pursuant to subsection (b)(1) or subsection
(c).
‘‘(e) COORDINATION.—Scientifically based research ac-
tivities supported under this subpart—
‘‘(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
677
•HR 1 RH1&2
enhance the research and development activities sup-
ported by such Office; and
‘‘(2) may include collaborative scientifically
based research activities which are jointly funded and
carried out with such Office.
‘‘SEC. 4165. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In carrying out this sub-
part, the Secretary shall give highest priority to programs
and projects designed to develop new information that—
‘‘(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
‘‘(2) assists schools in the identification of, and
provision of services to, gifted and talented students
who may not be identified and served through tradi-
tional assessment methods (including economically
disadvantaged individuals, individuals of limited
English proficiency, and individuals with disabil-
ities).
‘‘(b) SERVICE PRIORITY.—In approving applications
for assistance under section 4164(a)(2), the Secretary shall
ensure that in each fiscal year not less than 50 percent of
the applications approved under such section address the
priority described in subsection (a)(2) of this section.
678
•HR 1 RH1&2
‘‘SEC. 4166. GENERAL PROVISIONS.
‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN
AND TEACHERS.—In making grants and entering into con-
tracts under this subpart, the Secretary shall ensure, where
appropriate, that provision is made for the equitable par-
ticipation of students and teachers in private nonprofit ele-
mentary and secondary schools, including the participation
of teachers and other personnel in professional development
programs serving such children.
‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—
The Secretary shall—
‘‘(1) use a peer review process in reviewing ap-
plications under this subpart;
‘‘(2) ensure that information on the activities
and results of programs and projects funded under
this subpart is disseminated to appropriate State and
local educational agencies and other appropriate or-
ganizations, including nonprofit private organiza-
tions; and
‘‘(3) evaluate the effectiveness of programs under
this subpart in accordance with section 8651, both in
terms of the impact on students traditionally served
in separate gifted and talented programs and on
other students, and submit the results of such evalua-
tion to the Congress not later than 2 years after the
679
•HR 1 RH1&2
date of the enactment of the No Child Left Behind Act
of 2001.
‘‘(c) PROGRAM OPERATIONS.—The Secretary shall en-
sure that the programs under this subpart are administered
within the Department by a person who has recognized pro-
fessional qualifications and experience in the field of the
education of gifted and talented students and who shall—
‘‘(1) administer and coordinate the programs au-
thorized under this subpart;
‘‘(2) serve as a focal point of national leadership
and information on the educational needs of gifted
and talented students and the availability of edu-
cational services and programs designed to meet such
needs; and
‘‘(3) assist the Assistant Secretary of the Office
of Educational Research and Improvement in identi-
fying research priorities which reflect the needs of
gifted and talented students.
‘‘SEC. 4167. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart such sums as may be necessary for each of fis-
cal years 2002 through 2006.’’.
SEC. 402. CONTINUATION OF AWARDS.
Notwithstanding any other provision of this Act, any
person or agency that was awarded a grant under part B
680
•HR 1 RH1&2
or D of title X (20 U.S.C. 8031 et seq., 8091 et seq.) prior
to the date of the enactment of this Act shall continue to
receive funds in accordance with the terms of such award
until the date on which the award period terminates under
such terms.
PART B—PUBLIC CHARTER SCHOOLS
SEC. 411. PUBLIC CHARTER SCHOOLS.
Title IV, as amended by section 401, is further amend-
ed by adding at the end the following:
‘‘PART B—PUBLIC CHARTER SCHOOLS
‘‘SEC. 4201. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) enhancement of parent and student choices
among public schools can assist in promoting com-
prehensive educational reform and give more students
the opportunity to meet challenging State academic
content standards and State student academic
achievement standards, if sufficiently diverse and
high-quality choices, and genuine opportunities to
take advantage of such choices, are available to all
students;
‘‘(2) useful examples of such choices can come
from States and communities that experiment with
methods of offering teachers and other educators, par-
ents, and other members of the public the opportunity
681
•HR 1 RH1&2
to design and implement new public schools and to
transform existing public schools;
‘‘(3) charter schools are a mechanism for testing
a variety of educational approaches and should, there-
fore, be exempted from restrictive rules and regula-
tions if the leadership of such schools commits to at-
taining specific and ambitious educational results for
educationally disadvantaged students consistent with
challenging State academic content standards and
State student academic achievement standards for all
students;
‘‘(4) charter schools can embody the necessary
mixture of enhanced choice, exemption from restric-
tive regulations, and a focus on learning gains;
‘‘(5) charter schools, including charter schools
that are schools-within-schools, can help reduce school
size, and this reduction can have a significant effect
on student achievement;
‘‘(6) the Federal Government should test, evalu-
ate, and disseminate information on a variety of
charter school models in order to help demonstrate the
benefits of this promising educational reform; and
‘‘(7) there is a strong documented need for cash-
flow assistance to charter schools that are starting up,
682
•HR 1 RH1&2
because State and local operating revenue streams are
not immediately available.
‘‘(b) PURPOSE.—It is the purpose of this part to in-
crease national understanding of the charter schools model
by—
‘‘(1) providing financial assistance for the plan-
ning, program design and initial implementation of
charter schools;
‘‘(2) evaluating the effects of such schools, includ-
ing the effects on students, student achievement, staff,
and parents; and
‘‘(3) expanding the number of high-quality char-
ter schools available to students across the Nation.
‘‘SEC. 4202. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary may award grants
to State educational agencies having applications approved
pursuant to section 4203 to enable such agencies to conduct
a charter school grant program in accordance with this
part.
‘‘(b) SPECIAL RULE.—If a State educational agency
elects not to participate in the program authorized by this
part or does not have an application approved under sec-
tion 4203, the Secretary may award a grant to an eligible
applicant that serves such State and has an application
approved pursuant to section 4203(c).
683
•HR 1 RH1&2
‘‘(c) PROGRAM PERIODS.—
‘‘(1) GRANTS TO STATES.—Grants awarded to
State educational agencies under this part shall be
awarded for a period of not more than 3 years.
‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants
awarded by the Secretary to eligible applicants or
subgrants awarded by State educational agencies to
eligible applicants under this part shall be awarded
for a period of not more than 3 years, of which the
eligible applicant may use—
‘‘(A) not more than 18 months for planning
and program design;
‘‘(B) not more than 2 years for the initial
implementation of a charter school; and
‘‘(C) not more than 2 years to carry out
dissemination activities described in section
4204(f)(6)(B).
‘‘(d) LIMITATION.—A charter school may not receive—
‘‘(1) more than one grant for activities described
in subparagraphs (A) and (B) of subsection (c)(2); or
‘‘(2) more than one grant for activities under
subparagraph (C) of subsection (c)(2).
‘‘(e) PRIORITY TREATMENT..—
‘‘(1) IN GENERAL.—In awarding grants under
this part from any funds appropriated under section
684
•HR 1 RH1&2
4211, the Secretary shall give priority to States to the
extent that the States meet the criteria described in
paragraph (2) and one or more of the criteria de-
scribed in subparagraph (A), (B), or (C) of para-
graph (3).
‘‘(2) REVIEW
AND
EVALUATION
PRIORITY
CRI-
TERIA.—The criteria referred to in paragraph (1) is
that the State provides for periodic review and eval-
uation by the authorized public chartering agency of
each charter school, at least once every 5 years unless
required more frequently by State law, to determine
whether the charter school is meeting the terms of the
school’s charter, and is meeting or exceeding the aca-
demic performance requirements and goals for charter
schools as set forth under State law or the school’s
charter.
‘‘(3) PRIORITY CRITERIA.—The criteria referred
to in paragraph (1) are the following:
‘‘(A) The State has demonstrated progress,
in increasing the number of high quality charter
schools that are held accountable in the terms of
the schools’ charters for meeting clear and meas-
urable objectives for the educational progress of
the students attending the schools, in the period
prior to the period for which a State educational
685
•HR 1 RH1&2
agency or eligible applicant applies for a grant
under this part.
‘‘(B) The State—
‘‘(i) provides for one authorized public
chartering agency that is not a local edu-
cational agency, such as a State chartering
board, for each individual or entity seeking
to operate a charter school pursuant to such
State law; or
‘‘(ii) in the case of a State in which
local educational agencies are the only au-
thorized public chartering agencies, allows
for an appeals process for the denial of an
application for a charter school.
‘‘(C) The State ensures that each charter
school has a high degree of autonomy over the
charter school’s budgets and expenditures.
‘‘(f) AMOUNT CRITERIA.—In determining the amount
of a grant to be awarded under this part to a State edu-
cational agency, the Secretary shall take into consideration
the number of charter schools that are operating, or are ap-
proved to open, in the State.
‘‘SEC. 4203. APPLICATIONS.
‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each
State educational agency desiring a grant from the Sec-
686
•HR 1 RH1&2
retary under this part shall submit to the Secretary an ap-
plication at such time, in such manner, and containing or
accompanied by such information as the Secretary may re-
quire.
‘‘(b) CONTENTS OF A STATE EDUCATIONAL AGENCY
APPLICATION.—Each application submitted pursuant to
subsection (a) shall—
‘‘(1) describe the objectives of the State edu-
cational agency’s charter school grant program and
how such objectives will be fulfilled, including steps
taken by the State educational agency to inform
teachers, parents, and communities of the State edu-
cational agency’s charter school grant program; and
‘‘(2) describe how the State educational agency—
‘‘(A) will inform each charter school in the
State regarding—
‘‘(i) Federal funds that the charter
school is eligible to receive; and
‘‘(ii) Federal programs in which the
charter school may participate;
‘‘(B) will ensure that each charter school in
the State receives the charter school’s commensu-
rate share of Federal education funds that are
allocated by formula each year, including during
687
•HR 1 RH1&2
the first year of operation of the charter school;
and
‘‘(C) will disseminate best or promising
practices of charter schools to each local edu-
cational agency in the State; and
‘‘(3) contain assurances that the State edu-
cational agency will require each eligible applicant
desiring to receive a subgrant to submit an applica-
tion to the State educational agency containing—
‘‘(A) a description of the educational pro-
gram to be implemented by the proposed charter
school, including—
‘‘(i) how the program will enable all
students to meet challenging State student
academic achievement standards;
‘‘(ii) the grade levels or ages of children
to be served; and
‘‘(iii) the curriculum and instructional
practices to be used;
‘‘(B) a description of how the charter school
will be managed;
‘‘(C) a description of—
‘‘(i) the objectives of the charter school;
and
688
•HR 1 RH1&2
‘‘(ii) the methods by which the charter
school will determine its progress toward
achieving those objectives;
‘‘(D) a description of the administrative re-
lationship between the charter school and the au-
thorized public chartering agency;
‘‘(E) a description of how parents and other
members of the community will be involved in
the planning, program design and implementa-
tion of the charter school;
‘‘(F) a description of how the authorized
public chartering agency will provide for contin-
ued operation of the school once the Federal
grant has expired, if such agency determines that
the school has met the objectives described in sub-
paragraph (C)(i);
‘‘(G) a request and justification for waivers
of any Federal statutory or regulatory provisions
that the applicant believes are necessary for the
successful operation of the charter school, and a
description of any State or local rules, generally
applicable to public schools, that will be waived
for, or otherwise not apply to, the school;
‘‘(H) a description of how the subgrant
funds or grant funds, as appropriate, will be
689
•HR 1 RH1&2
used, including a description of how such funds
will be used in conjunction with other Federal
programs administered by the Secretary;
‘‘(I) a description of how students in the
community will be—
‘‘(i) informed about the charter school;
and
‘‘(ii) given an equal opportunity to at-
tend the charter school;
‘‘(J) an assurance that the eligible appli-
cant will annually provide the Secretary and the
State educational agency such information as
may be required to determine if the charter
school is making satisfactory progress toward
achieving the objectives described in subpara-
graph (C)(i);
‘‘(K) an assurance that the applicant will
cooperate with the Secretary and the State edu-
cational agency in evaluating the program as-
sisted under this part;
‘‘(L) a description of how a charter school
that is considered a local educational agency
under State law, or a local educational agency
in which a charter school is located, will comply
690
•HR 1 RH1&2
with sections 613(a)(5) and 613(e)(1)(B) of the
Individuals with Disabilities Education Act;
‘‘(M) if the eligible applicant desires to use
subgrant funds for dissemination activities
under section 4202(c)(2)(C), a description of
those activities and how those activities will in-
volve charter schools and other public schools,
local educational agencies, developers, and poten-
tial developers; and
‘‘(N) such other information and assurances
as the Secretary and the State educational agen-
cy may require.
‘‘(c) CONTENTS OF ELIGIBLE APPLICANT APPLICA-
TION.—Each eligible applicant desiring a grant pursuant
to section 4202(b) shall submit an application to the State
educational agency or Secretary, respectively, at such time,
in such manner, and accompanied by such information as
the State educational agency or Secretary, respectively,
may reasonably require.
‘‘(d) CONTENTS OF APPLICATION.—Each application
submitted pursuant to subsection (c) shall contain—
‘‘(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3),
except that for purposes of this subsection subpara-
graphs (J), (K), and (N) of such subsection shall be
691
•HR 1 RH1&2
applied by striking ‘and the State educational agen-
cy’ each place such term appears;
‘‘(2) assurances that the State educational
agency—
‘‘(A) will grant, or will obtain, waivers of
State statutory or regulatory requirements; and
‘‘(B) will assist each subgrantee in the State
in receiving a waiver under section 4204(e); and
‘‘(3) assurances that the eligible applicant has
provided its authorized public chartering authority
timely notice, and a copy, of the application, except
that the State educational agency (or the Secretary,
in the case of an application submitted to the Sec-
retary) may waive this requirement in the case of an
application for a precharter planning grant or
subgrant if the authorized public chartering authority
to which a charter school proposal will be submitted
has not been determined at the time the grant or
subgrant application is submitted.
‘‘SEC. 4204. ADMINISTRATION.
‘‘(a) SELECTION CRITERIA FOR STATE EDUCATIONAL
AGENCIES.—The Secretary shall award grants to State edu-
cational agencies under this part on the basis of the quality
of the applications submitted under section 4203(b), after
taking into consideration such factors as—
692
•HR 1 RH1&2
‘‘(1) the contribution that the charter schools
grant program will make to assisting educationally
disadvantaged and other students to achieving State
academic content standards and State student aca-
demic achievement standards and, in general, a
State’s education improvement plan;
‘‘(2) the degree of flexibility afforded by the State
educational agency to charter schools under the
State’s charter schools law;
‘‘(3) the ambitiousness of the objectives for the
State charter school grant program;
‘‘(4) the quality of the strategy for assessing
achievement of those objectives;
‘‘(5) the likelihood that the charter school grant
program will meet those objectives and improve edu-
cational results for students;
‘‘(6) the number of high quality charter schools
created under this part in the State; and
‘‘(7) in the case of State educational agencies
that propose to use grant funds to support dissemina-
tion activities under section 4202(c)(2)(C), the qual-
ity of those activities and the likelihood that those ac-
tivities will improve student academic achievement.
‘‘(b) SELECTION CRITERIA
FOR ELIGIBLE APPLI-
CANTS.—The Secretary shall award grants to eligible appli-
693
•HR 1 RH1&2
cants under this part on the basis of the quality of the ap-
plications submitted under section 4203(c), after taking
into consideration such factors as—
‘‘(1) the quality of the proposed curriculum and
instructional practices;
‘‘(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local edu-
cational agency to the charter school;
‘‘(3) the extent of community support for the ap-
plication;
‘‘(4) the ambitiousness of the objectives for the
charter school;
‘‘(5) the quality of the strategy for assessing
achievement of those objectives;
‘‘(6) the likelihood that the charter school will
meet those objectives and improve educational results
for students; and
‘‘(7) in the case of an eligible applicant that pro-
poses to use grant funds to support dissemination ac-
tivities under section 4202(c)(2)(C), the quality of
those activities and the likelihood that those activities
will improve student achievement.
‘‘(c) PEER REVIEW.—The Secretary, and each State
educational agency receiving a grant under this part, shall
694
•HR 1 RH1&2
use a peer review process to review applications for assist-
ance under this part.
‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and
each State educational agency receiving a grant under this
part, shall award subgrants under this part in a manner
that, to the extent possible, ensures that such grants and
subgrants—
‘‘(1) are distributed throughout different areas of
the Nation and each State, including urban and rural
areas; and
‘‘(2) will assist charter schools representing a va-
riety of educational approaches, such as approaches
designed to reduce school size.
‘‘(e) WAIVERS.—The Secretary may waive any statu-
tory or regulatory requirement over which the Secretary ex-
ercises administrative authority except any such require-
ment relating to the elements of a charter school described
in section 4210(1), if—
‘‘(1) the waiver is requested in an approved ap-
plication under this part; and
‘‘(2) the Secretary determines that granting such
a waiver will promote the purpose of this part.
‘‘(f) USE OF FUNDS.—
‘‘(1) STATE
EDUCATIONAL
AGENCIES.—Each
State educational agency receiving a grant under this
695
•HR 1 RH1&2
part shall use such grant funds to award subgrants
to one or more eligible applicants in the State to en-
able such applicant to plan and implement a charter
school in accordance with this part, except that the
State educational agency may reserve not more than
10 percent of the grant funds to support dissemina-
tion activities described in paragraph (6).
‘‘(2) ELIGIBLE APPLICANTS.—Each eligible ap-
plicant receiving funds from the Secretary or a State
educational agency shall use such funds to plan and
implement a charter school, or to disseminate infor-
mation about the charter school and successful prac-
tices in the charter school, in accordance with this
part.
‘‘(3) ALLOWABLE ACTIVITIES.—An eligible appli-
cant receiving a grant or subgrant under this part
may use the grant or subgrant funds only for—
‘‘(A) post-award planning and design of the
educational program, which may include—
‘‘(i) refinement of the desired edu-
cational results and of the methods for
measuring progress toward achieving those
results; and
696
•HR 1 RH1&2
‘‘(ii) professional development of teach-
ers and other staff who will work in the
charter school; and
‘‘(B) initial implementation of the charter
school, which may include—
‘‘(i) informing the community about
the school;
‘‘(ii) acquiring necessary equipment
and educational materials and supplies;
‘‘(iii) acquiring or developing cur-
riculum materials; and
‘‘(iv) other initial operational costs
that cannot be met from State or local
sources.
‘‘(4) ADMINISTRATIVE
EXPENSES.—Each State
educational agency receiving a grant pursuant to this
part may reserve not more than 5 percent of such
grant funds for administrative expenses associated
with the charter school grant program assisted under
this part. A local educational agency may not deduct
funds for administrative fees or expenses from a
subgrant awarded to an eligible applicant.
‘‘(5) REVOLVING LOAN FUNDS.—Each State edu-
cational agency receiving a grant pursuant to this
part may reserve not more than 10 percent of the
697
•HR 1 RH1&2
grant amount for the establishment of a revolving
loan fund. Such fund may be used to make loans to
eligible applicants that have received a subgrant
under this part, under such terms as may be deter-
mined by the State educational agency, for the initial
operation of the charter school grant program of such
recipient until such time as the recipient begins re-
ceiving ongoing operational support from State or
local financing sources.
‘‘(6) DISSEMINATION.—
‘‘(A) IN GENERAL.—A charter school may
apply for funds under this part, whether or not
the charter school has applied for or received
funds under this part for planning, program de-
sign, or implementation, to carry out the activi-
ties described in subparagraph (B) if the charter
school has been in operation for at least 3 con-
secutive years and has demonstrated overall suc-
cess, including—
‘‘(i) substantial progress in improving
student academic achievement;
‘‘(ii) high levels of parent satisfaction;
and
‘‘(iii) the management and leadership
necessary to overcome initial start-up prob-
698
•HR 1 RH1&2
lems and establish a thriving, financially
viable charter school.
‘‘(B) ACTIVITIES.—A charter school de-
scribed in subparagraph (A) may use funds re-
served under paragraph (1) to assist other
schools in adapting the charter school’s program
(or certain aspects of the charter school’s pro-
gram), or to disseminate information about the
charter school, through such activities as—
‘‘(i) assisting other individuals with
the planning and start-up of one or more
new 
public 
schools, 
including 
charter
schools, that are independent of the assist-
ing charter school and the assisting charter
school’s developers, and that agree to be held
to at least as high a level of accountability
as the assisting charter school;
‘‘(ii) 
developing 
partnerships 
with
other public schools, including charter
schools, designed to improve student aca-
demic achievement in each of the schools
participating in the partnership;
‘‘(iii) developing curriculum materials,
academic assessments, and other materials
that promote increased student academic
699
•HR 1 RH1&2
achievement and are based on successful
practices within the assisting charter school;
and
‘‘(iv) conducting evaluations and devel-
oping materials that document the success-
ful practices of the assisting charter school
and that are designed to improve student
academic achievement in other schools.
‘‘(g) TRIBALLY CONTROLLED SCHOOLS.—Each State
that receives a grant under this part and designates a trib-
ally controlled school as a charter school shall not consider
payments to a school under the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2507) in determining—
‘‘(1) the eligibility of the school to receive any
other Federal, State, or local aid; or
‘‘(2) the amount of such aid.
‘‘SEC. 4205. NATIONAL ACTIVITIES.
‘‘(a) IN GENERAL.—The Secretary shall reserve for
each fiscal year the greater of 5 percent or $5,000,000 of
the amount appropriated to carry out this part, except that
in no fiscal year shall the total amount so reserved exceed
$8,000,000, to carry out the following activities:
‘‘(1) To provide charter schools, either directly or
through State educational agencies, with—
‘‘(A) information regarding—
700
•HR 1 RH1&2
‘‘(i) Federal funds that charter schools
are eligible to receive; and
‘‘(ii) other Federal programs in which
charter schools may participate; and
‘‘(B) assistance in applying for Federal
education funds that are allocated by formula,
including assistance with filing deadlines and
submission of applications.
‘‘(2) To provide for other evaluations or studies
that include the evaluation of the impact of charter
schools on student academic achievement, including
information regarding—
‘‘(A) students attending charter schools re-
ported on the basis of race, age, disability, gen-
der, limited English proficiency, and previous
enrollment in public school; and
‘‘(B) the professional qualifications of teach-
ers within a charter school and the turnover of
the teaching force.
‘‘(3) To provide—
‘‘(A) information to applicants for assist-
ance under this part;
‘‘(B) assistance to applicants for assistance
under this part with the preparation of applica-
tions under section 4203;
701
•HR 1 RH1&2
‘‘(C) assistance in the planning and startup
of charter schools;
‘‘(D) training and technical assistance to
existing charter schools; and
‘‘(E) for the dissemination to other public
schools of best or promising practices in charter
schools.
‘‘(4) To provide (including through the use of one
or more contracts that use a competitive bidding
process) for the collection of information regarding the
financial resources available to charter schools, in-
cluding access to private capital, and to widely dis-
seminate to charter schools any such relevant infor-
mation and model descriptions of successful pro-
grams.
‘‘(b) CONSTRUCTION.—Nothing in this section shall be
construed to require charter schools to collect any data de-
scribed in subsection (a).
‘‘SEC. 4206. FEDERAL FORMULA ALLOCATION DURING
FIRST YEAR AND FOR SUCCESSIVE ENROLL-
MENT EXPANSIONS.
‘‘(a) IN GENERAL.—For purposes of the allocation to
schools by the States or their agencies of funds under part
A of title I, and any other Federal funds which the Sec-
retary allocates to States on a formula basis, the Secretary
702
•HR 1 RH1&2
and each State educational agency shall take such measures
as are necessary to ensure that every charter school receives
the Federal funding for which the charter school is eligible
not later than 5 months after the charter school first opens,
notwithstanding the fact that the identity and characteris-
tics of the students enrolling in that charter school are not
fully and completely determined until that charter school
actually opens. The measures similarly shall ensure that
every charter school expanding its enrollment in any subse-
quent year of operation receives the Federal funding for
which the charter school is eligible not later than 5 months
after such expansion.
‘‘(b) ADJUSTMENT AND LATE OPENINGS.—
‘‘(1) IN GENERAL.—The measures described in
subsection (a) shall include provision for appropriate
adjustments, through recovery of funds or reduction of
payments for the succeeding year, in cases where pay-
ments made to a charter school on the basis of esti-
mated or projected enrollment data exceed the
amounts that the school is eligible to receive on the
basis of actual or final enrollment data.
‘‘(2) RULE.—For charter schools that first open
after November 1 of any academic year, the State, in
accordance with guidance provided by the Secretary
and applicable Federal statutes and regulations, shall
703
•HR 1 RH1&2
ensure that such charter schools that are eligible for
the funds described in subsection (a) for such aca-
demic year have a full and fair opportunity to receive
those funds during the charter schools’ first year of
operation.
‘‘SEC. 4207. SOLICITATION OF INPUT FROM CHARTER
SCHOOL OPERATORS.
‘‘To the extent practicable, the Secretary shall ensure
that administrators, teachers, and other individuals di-
rectly involved in the operation of charter schools are con-
sulted in the development of any rules or regulations re-
quired to implement this part, as well as in the development
of any rules or regulations relevant to charter schools that
are required to implement part A of title I, the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.),
or any other program administered by the Secretary that
provides education funds to charter schools or regulates the
activities of charter schools.
‘‘SEC. 4208. RECORDS TRANSFER.
‘‘State educational agencies and local educational
agencies, to the extent practicable, shall ensure that a stu-
dent’s records and, if applicable, a student’s individualized
education program as defined in section 602(11) of the In-
dividuals with Disabilities Education Act (20 U.S.C.
1401(11)), are transferred to a charter school upon the
704
•HR 1 RH1&2
transfer of the student to the charter school, to another pub-
lic school upon the transfer of the student from a charter
school to another public school, and to a private school upon
the transfer of the student from a charter or public school
to the private school (with the written consent of a parent
of the student), in accordance with applicable State law.
‘‘SEC. 4209. PAPERWORK REDUCTION.
‘‘To the extent practicable, the Secretary and each au-
thorized public chartering agency shall ensure that imple-
mentation of this part results in a minimum of paperwork
for any eligible applicant or charter school.
‘‘SEC. 4210. DEFINITIONS.
‘‘As used in this part:
‘‘(1) The term ‘charter school’ means a public
school that—
‘‘(A) in accordance with a specific State
statute authorizing the granting of charters to
schools, is exempted from significant State or
local rules that inhibit the flexible operation and
management of public schools, but not from any
rules relating to the other requirements of this
paragraph;
‘‘(B) is created by a developer as a public
school, or is adapted by a developer from an ex-
705
•HR 1 RH1&2
isting public school, and is operated under pub-
lic supervision and direction;
‘‘(C) operates in pursuit of a specific set of
educational objectives determined by the school’s
developer and agreed to by the authorized public
chartering agency;
‘‘(D) provides a program of elementary or
secondary education, or both;
‘‘(E) is nonsectarian in its programs, ad-
missions policies, employment practices, and all
other operations, and is not affiliated with a sec-
tarian school or religious institution;
‘‘(F) does not charge tuition;
‘‘(G) complies with the Age Discrimination
Act of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with Dis-
abilities Education Act;
‘‘(H) is a school to which parents choose to
send their children, and that admits students on
the basis of a lottery, or in another nondiscrim-
inatory manner consistent with State law, if
more students apply for admission than can be
accommodated;
706
•HR 1 RH1&2
‘‘(I) agrees to comply with the same Federal
and State audit requirements as do other elemen-
tary and secondary schools in the State, unless
such requirements are specifically waived for the
purpose of this program;
‘‘(J) meets all applicable Federal, State,
and local health and safety requirements;
‘‘(K) operates in accordance with State law;
and
‘‘(L) has a written performance contract
with the authorized public chartering agency in
the State that includes a description of how stu-
dent academic achievement will be measured in
charter schools pursuant to State academic as-
sessments that are required of other schools and
pursuant to any other assessments mutually
agreeable to the authorized public chartering
agency and the charter school.
‘‘(2) The term ‘developer’ means an individual
or group of individuals (including a public or private
nonprofit organization), which may include teachers,
administrators and other school staff, parents, or
other members of the local community in which a
charter school project will be carried out.
707
•HR 1 RH1&2
‘‘(3) The term ‘eligible applicant’ means a devel-
oper that has—
‘‘(A) applied to an authorized public char-
tering authority; and
‘‘(B) provided adequate and timely notice to
that authority under section 4203(d)(3).
‘‘(4) The term ‘authorized public chartering
agency’ means a State educational agency, local edu-
cational agency, or other public entity that has the
authority pursuant to State law and approved by the
Secretary to authorize or approve a charter school.
‘‘SEC. 4211. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $225,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
4 succeeding fiscal years.’’.
SEC. 412. CONTINUATION OF AWARDS.
Notwithstanding any other provision of this Act, any
person or agency that was awarded a grant or subgrant
under subpart 1 of part C of title X (20 U.S.C. 8061 et
seq.) prior to the date of the enactment of this Act shall
continue to receive funds in accordance with the terms of
such award until the date on which the award period termi-
nates under such terms.
708
•HR 1 RH1&2
PART C—MAGNET SCHOOLS ASSISTANCE;
WOMEN’S EDUCATIONAL EQUITY
SEC. 421. MAGNET SCHOOLS ASSISTANCE.
Title IV, as amended by sections 401 and 411, is fur-
ther amended by adding at the end the following:
‘‘PART C—MAGNET SCHOOLS ASSISTANCE;
WOMEN’S EDUCATIONAL EQUITY
‘‘Subpart 1—Magnet Schools Assistance
‘‘SEC. 4301. FINDINGS.
‘‘The Congress finds as follows:
‘‘(1) Magnet schools are a significant part of the
Nation’s efforts to achieve voluntary desegregation in
our schools.
‘‘(2) The use of magnet schools has increased
dramatically since the inception of the magnet schools
assistance program under this Act, with approxi-
mately 2,000,000 students nationwide attending such
schools, of whom more than 65 percent are non-white.
‘‘(3) Magnet schools offer a wide range of distinc-
tive programs that have served as models for school
improvement efforts.
‘‘(4) It is in the best interests of the United
States—
‘‘(A) to continue the Federal Government’s
support of local educational agencies that are
implementing court-ordered desegregation plans
709
•HR 1 RH1&2
and local educational agencies that are volun-
tarily seeking to foster meaningful interaction
among students of different racial and ethnic
backgrounds, beginning at the earliest stage of
such students’ education;
‘‘(B) to ensure that all students have equi-
table access to a quality education that will pre-
pare them to function well in a highly competi-
tive economy;
‘‘(C) to maximize the ability of local edu-
cational agencies to plan, develop, implement,
and continue effective and innovative magnet
schools that contribute to State and local sys-
temic reform; and
‘‘(D) to ensure that grant recipients provide
adequate data that demonstrate an ability to im-
prove student academic achievement.
‘‘SEC. 4302. STATEMENT OF PURPOSE.
‘‘The purpose of this part is to assist in the desegrega-
tion of schools served by local educational agencies by pro-
viding financial assistance to eligible local educational
agencies for—
‘‘(1) the elimination, reduction, or prevention of
minority group isolation in elementary and sec-
710
•HR 1 RH1&2
ondary schools with substantial proportions of minor-
ity students;
‘‘(2) the development and implementation of
magnet school projects that will assist local edu-
cational agencies in achieving systemic reforms and
providing all students the opportunity to meet chal-
lenging State academic content standards and student
academic achievement standards;
‘‘(3) the development and design of innovative
educational methods and practices that promote di-
versity and increase choices in public elementary and
secondary schools and educational programs; and
‘‘(4) courses of instruction within magnet schools
that will substantially strengthen the knowledge of
academic subjects and the grasp of tangible and mar-
ketable vocational and technical skills of students at-
tending such schools.
‘‘SEC. 4303. PROGRAM AUTHORIZED.
‘‘The Secretary, in accordance with this part, is au-
thorized to make grants to eligible local educational agen-
cies, and consortia of such agencies where appropriate, to
carry out the purpose of this part for magnet schools that
are—
‘‘(1) part of an approved desegregation plan;
and
711
•HR 1 RH1&2
‘‘(2) designed to bring students from different so-
cial, economic, ethnic, and racial backgrounds to-
gether.
‘‘SEC. 4304. DEFINITION.
‘‘For the purpose of this part, the term ‘magnet school’
means a public elementary or secondary school or public
elementary or secondary education center that offers a spe-
cial curriculum capable of attracting substantial numbers
of students of different racial backgrounds.
‘‘SEC. 4305. ELIGIBILITY.
‘‘A local educational agency, or consortium of such
agencies where appropriate, is eligible to receive assistance
under this part to carry out the purpose of this part if such
agency or consortium—
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United
States, or a court of any State, or any other State
agency or official of competent jurisdiction, that re-
quires the desegregation of minority-group-segregated
children or faculty in the elementary and secondary
schools of such agency; or
‘‘(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies under this part, adopt
712
•HR 1 RH1&2
and implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
‘‘SEC. 4306. APPLICATIONS AND REQUIREMENTS.
‘‘(a) APPLICATIONS.—An eligible local educational
agency, or consortium of such agencies, desiring to receive
assistance under this part shall submit an application to
the Secretary at such time, in such manner, and containing
such information and assurances as the Secretary may rea-
sonably require.
‘‘(b) INFORMATION AND ASSURANCES.—Each such ap-
plication shall include—
‘‘(1) a description of—
‘‘(A) how assistance made available under
this part will be used to promote desegregation,
including how the proposed magnet school project
will increase interaction among students of dif-
ferent social, economic, ethnic, and racial back-
grounds;
‘‘(B) the manner and extent to which the
magnet school project will increase student aca-
demic achievement in the instructional area or
areas offered by the school;
713
•HR 1 RH1&2
‘‘(C) how an applicant will continue the
magnet school project after assistance under this
part is no longer available, including, if applica-
ble, an explanation of why magnet schools estab-
lished or supported by the applicant with funds
under this part cannot be continued without the
use of funds under this part;
‘‘(D) how funds under this part will be used
to improve student academic performance for all
students attending the magnet schools; and
‘‘(E) the criteria to be used in selecting stu-
dents to attend the proposed magnet school
projects; and
‘‘(2) assurances that the applicant will—
‘‘(A) use funds under this part for the pur-
pose specified in section 4302;
‘‘(B) employ fully qualified teachers in the
courses of instruction assisted under this part;
‘‘(C) not engage in discrimination based on
race, religion, color, national origin, sex, or dis-
ability in—
‘‘(i) the hiring, promotion, or assign-
ment of employees of the agency or other
personnel for whom the agency has any ad-
ministrative responsibility;
714
•HR 1 RH1&2
‘‘(ii) the assignment of students to
schools, or to courses of instruction within
the school, of such agency, except to carry
out the approved plan; and
‘‘(iii) designing or operating extra-
curricular activities for students;
‘‘(D) carry out a high-quality education
program that will encourage greater parental de-
cisionmaking and involvement; and
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school
projects equitable consideration for placement in
those projects.
‘‘SEC. 4307. PRIORITY.
‘‘In approving applications under this part, the Sec-
retary shall give priority to applicants that—
‘‘(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively car-
rying out an approved desegregation plan and the
projects for which assistance is sought;
‘‘(2) propose to carry out new magnet school
projects, or significantly revise existing magnet school
projects; and
715
•HR 1 RH1&2
‘‘(3) propose to select students to attend magnet
school projects by methods such as lottery, rather than
through academic examination.
‘‘SEC. 4308. USE OF FUNDS.
‘‘(a) IN GENERAL.—Grant funds made available under
this part may be used by an eligible local educational agen-
cy or consortium of such agencies—
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, continu-
ation, or enhancement of academic programs and
services offered at magnet schools;
‘‘(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance
and operation thereof, necessary for the conduct of
programs in magnet schools;
‘‘(3) for the payment, or subsidization of the
compensation, of elementary and secondary school
teachers who are fully qualified, and instructional
staff where applicable, who are necessary for the con-
duct of programs in magnet schools;
‘‘(4) with respect to a magnet school program of-
fered to less than the entire student population of a
school, for instructional activities that—
‘‘(A) are designed to make available the spe-
cial curriculum that is offered by the magnet
716
•HR 1 RH1&2
school project to students who are enrolled in the
school but who are not enrolled in the magnet
school program; and
‘‘(B) further the purpose of this part; and
‘‘(5) for activities, which may include profes-
sional development, that will build the recipient’s ca-
pacity to operate magnet school programs once the
grant period has ended.
‘‘(b) SPECIAL RULE.—Grant funds under this part
may be used in accordance with paragraphs (2) and (3)
of subsection (a) only if the activities described in such
paragraphs are directly related to improving the students’
academic performance based on the State’s challenging aca-
demic content standards and student academic achievement
standards or directly related to improving the students’
reading skills or knowledge of mathematics, science, history,
geography, English, foreign languages, art, or music, or to
improving vocational and technical skills.
‘‘SEC. 4309. PROHIBITIONS.
‘‘(a) TRANSPORTATION.—Grants under this part may
not be used for transportation or any activity that does not
augment academic improvement.
‘‘(b) PLANNING.—A local educational agency shall not
expend funds under this part after the third year that such
agency receives funds under this part for such project.
717
•HR 1 RH1&2
‘‘SEC. 4310. LIMITATIONS.
‘‘(a) DURATION OF AWARDS.—A grant under this part
shall be awarded for a period that shall not exceed three
fiscal years.
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu-
cational agency may expend for planning not more than
50 percent of the funds received under this part for the first
year of the project, 15 percent of such funds for the second
such year, and 10 percent of such funds for the third such
year.
‘‘(c) AMOUNT.—No local educational agency or consor-
tium awarded a grant under this part shall receive more
than $4,000,000 under this part in any one fiscal year.
‘‘(d) TIMING.—To the extent practicable, the Secretary
shall award grants for any fiscal year under this part not
later than July 1 of the applicable fiscal year.
‘‘SEC. 4311. EVALUATIONS.
‘‘(a) RESERVATION.—The Secretary may reserve not
more than 2 percent of the funds appropriated under section
4312(a) for any fiscal year to carry out evaluations, tech-
nical assistance, and dissemination projects with respect to
magnet school projects and programs assisted under this
part.
‘‘(b) CONTENTS.—Each evaluation described in sub-
section (a), at a minimum, shall address—
718
•HR 1 RH1&2
‘‘(1) how and the extent to which magnet school
programs lead to educational quality and improve-
ment;
‘‘(2) the extent to which magnet school programs
enhance student access to quality education;
‘‘(3) the extent to which magnet school programs
lead to the elimination, reduction, or prevention of
minority group isolation in elementary and sec-
ondary schools with substantial proportions of minor-
ity students; and
‘‘(4) the extent to which magnet school programs
differ from other school programs in terms of the or-
ganizational characteristics and resource allocations
of such magnet school programs.
‘‘SEC. 4312. AUTHORIZATION OF APPROPRIATIONS; RES-
ERVATION.
‘‘(a) AUTHORIZATION.—For the purpose of carrying
out this part, there are authorized to be appropriated
$125,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGEN-
CIES NOT PREVIOUSLY ASSISTED.—In any fiscal year for
which the amount appropriated pursuant to subsection (a)
exceeds $75,000,000, the Secretary shall give priority to
using such amounts in excess of $75,000,000 to award
719
•HR 1 RH1&2
grants to local educational agencies or consortia of such
agencies that did not receive a grant under this part in
the preceding fiscal year.’’.
SEC. 422. WOMEN’S EDUCATIONAL EQUITY.
(a) TRANSFER AND REDESIGNATION.—Part B of title
V (20 U.S.C. 7231 et seq.) is transferred and redesignated
as subpart 2 of part C of title IV. Sections 5201 through
5208 are redesignated as sections 4321 through 4328, re-
spectively.
(b) REPORT.—Section 4326 (as so redesignated) is
amended by striking ‘‘January 1, 1999,’’ and inserting
‘‘January 1, 2005,’’.
(c) 
EVALUATION
AND
DISSEMINATION.—Section
4327(a) (as so redesignated) is amended—
(1) by striking ‘‘14701,’’ and inserting ‘‘8651,’’;
and
(2) by striking ‘‘January 1, 1998.’’ and insert-
ing ‘‘January 1, 2004.’’.
(d) REAUTHORIZATION.—Section 4328 (as so redesig-
nated) is amended by striking ‘‘$5,000,000 for fiscal year
1995 and such sums as may be necessary for each of the
four succeeding fiscal years,’’ and inserting ‘‘$3,000,000 for
fiscal year 2002 and such sums as may be necessary for
each of the four succeeding fiscal years,’’.
(e) OTHER CONFORMING AMENDMENTS.—
720
•HR 1 RH1&2
(1) SHORT TITLE.—Section 4321(a) (as so redes-
ignated) is amended to read as follows:
‘‘(a) SHORT TITLE.—This subpart may be cited as the
‘Women’s Educational Equity Act of 2001’.’’.
(2) REFERENCES.—Subpart 2 of part C of title
IV (as so redesignated) is amended—
(A) by striking ‘‘this part’’ each place such
term appears and inserting ‘‘this subpart’’; and
(B) by striking ‘‘5203(b)’’ each place such
term appears and inserting ‘‘4423(b)’’.
SEC. 423. CONTINUATION OF AWARDS.
Notwithstanding any other provision of this Act, any
person or agency that was awarded a grant under part A
of title V (20 U.S.C. 7201 et seq.), or a grant, contract,
or cooperative agreement under part B of such title (20
U.S.C. 7231 et seq.), prior to the date of the enactment of
this Act shall continue to receive funds in accordance with
the terms of such award until the date on which the award
period terminates under such terms.
TITLE V—21ST CENTURY
SCHOOLS
SEC. 501. SAFE SCHOOLS.
Title V, except part B (which is transferred and redes-
ignated as subpart 2 of part C of title IV by section 422(a)
of this Act) is amended to read as follows:
721
•HR 1 RH1&2
‘‘TITLE V—21ST CENTURY
SCHOOLS
‘‘PART A—SUPPORTING VIOLENCE AND DRUG
PREVENTION AND ACADEMIC ENRICHMENT
‘‘SEC. 5001. SHORT TITLE.
‘‘This part may be cited as the ‘21st Century Schools
Act of 2001’.
‘‘SEC. 5002. PURPOSE.
‘‘The purpose of this part is to support programs that
prevent the use of illegal drugs, prevent violence, provide
quality before and after school activities and supervision
for school age youth, involve parents and communities, and
are coordinated with related Federal, State, and community
efforts and resources to foster a safe and drug-free learning
environment in which students increase their academic
achievement, through the provision of Federal assistance
to—
‘‘(1) States for grants to local educational agen-
cies and consortia of such agencies to establish, oper-
ate, and improve local programs of drug and violence
prevention in elementary and secondary schools;
‘‘(2) States for grants to local educational agen-
cies, community-based organizations, and other public
entities and private organizations, for before and
after school programs for youth; and
722
•HR 1 RH1&2
‘‘(3) States and public and private nonprofit
and for-profit organizations to conduct training, dem-
onstrations, and evaluations.
‘‘SEC. 5003. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated—
‘‘(1) $475,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the 4 succeeding
fiscal years, for State grants under subpart 1;
‘‘(2) $900,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the four suc-
ceeding fiscal years, for State grants under subpart 2;
and
‘‘(3) $60,000,000 for fiscal year 2002, and for
each of the 4 succeeding fiscal years, for national pro-
grams under subpart 3.
‘‘Subpart 1—Safe Schools
‘‘SEC. 5111. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—From the amount made avail-
able under section 5003(1) to carry out this subpart for each
fiscal year, the Secretary—
‘‘(1) shall reserve 1 percent or $4,750,000
(whichever is greater) of such amount for grants to
Guam, American Samoa, the United States Virgin Is-
lands, and the Commonwealth of the Northern Mar-
iana Islands, to be allotted in accordance with the
723
•HR 1 RH1&2
Secretary’s determination of their respective needs
and to carry out programs described in this subpart;
‘‘(2) shall reserve 1 percent or $4,750,000
(whichever is greater) of such amount for the Sec-
retary of the Interior to carry out programs described
in this subpart for Indian youth;
‘‘(3) shall reserve 0.2 percent of such amount for
Native Hawaiians to be used to carry out programs
described in this subpart;
‘‘(4) notwithstanding section 3 of the Leave No
Child Behind Act of 2001, shall reserve an amount
necessary to make continuation grants to grantees
under part I of title X of this Act (under the terms
of those grants), as such part existed on the day before
the effective date of the Leave No Child Behind Act
of 2001; and
‘‘(5) notwithstanding section 3 of the Leave No
Child Behind Act of 2001, shall reserve an amount
necessary to make continuation grants to grantees
under the Safe Schools/Healthy Students initiative
(under the terms of those grants), as it existed on the
day before the date of the effective date of the Leave
No Child Behind Act of 2001.
‘‘(b) STATE ALLOTMENTS.—
724
•HR 1 RH1&2
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary, for each fiscal year, shall al-
locate among the States—
‘‘(A) one-half of the remainder not reserved
under subsection (a) according to the ratio be-
tween the school-aged population of each State
and the school-aged population of all the States;
and
‘‘(B) one-half of such remainder according
to the ratio between the amount each State re-
ceived under part A of title I for the preceding
year and the sum of such amounts received by
all the States.
‘‘(2) MINIMUM.—For any fiscal year, no State
shall be allotted under this subsection an amount that
is less than one-half of 1 percent of the total amount
allotted to all the States under this subsection.
‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any State
does not apply for an allotment under this subpart for a
fiscal year, the Secretary shall reallot the amount of the
State’s allotment to the remaining States in accordance
with this section.
‘‘(d) DEFINITION.—For the purposes of this section, the
term ‘Native Hawaiian’ means any individual any of
725
•HR 1 RH1&2
whose ancestors were natives, prior to 1778, of the area
which now comprises the State of Hawaii.
‘‘SEC. 5112. RESERVATION OF STATE FUNDS FOR SAFE
SCHOOLS.
‘‘(a) STATE RESERVATION FOR THE GOVERNOR.—
‘‘(1) IN GENERAL.—The chief executive officer of
a State may reserve not more than 20 percent of the
total amount allocated to a State under section
5111(b) for each fiscal year to award competitive
grants and contracts to local educational agencies,
community-based organizations, and other public en-
tities and private organizations for programs or ac-
tivities to support community efforts that complement
activities of local educational agencies described in
section 5115. Such officer shall award grants based
on—
‘‘(A) the quality of the activity or program
proposed; and
‘‘(B) how the program or activity is aligned
with the appropriate principles of effectiveness
described in section 5114(a).
‘‘(2) SPECIAL
CONSIDERATION.—In awarding
funds under subparagraph (A), a chief executive offi-
cer shall give special consideration to grantees that
pursue a comprehensive approach to drug and vio-
726
•HR 1 RH1&2
lence prevention by providing and incorporating
mental health services in their programs.
‘‘(3) ADMINISTRATIVE COSTS.—The chief execu-
tive officer of a State may use not more than 1 per-
cent of the amount described in subparagraph (A) for
the administrative costs incurred in carrying out the
duties of such officer under this section.
‘‘(b) STATE FUNDS.—
‘‘(1) ADDITIONAL
RESERVATIONS.—Each State
shall reserve an amount equal to the total amount al-
lotted to a State under section 5111(b), less the
amount reserved under subsection (a) and paragraphs
(2) and (3) of this subsection, for each fiscal year for
its local educational agencies.
‘‘(2) STATE ACTIVITIES.—A State may use not
more than 4 percent of the total amount available
under subsection (a) for State activities described in
subsection (c).
‘‘(3) STATE ADMINISTRATION.—A State may use
not more than 1 percent of the amount made avail-
able under subsection (a) for the administrative costs
of carrying out its responsibilities under this subpart.
‘‘(c) ACTIVITIES.—
‘‘(1) IN GENERAL.—A State shall use a portion
of the funds described in subsection (b)(2), either di-
727
•HR 1 RH1&2
rectly, or through grants and contracts, to plan, de-
velop, and implement capacity building, technical as-
sistance, evaluation, program improvement services,
and coordination activities for local educational agen-
cies, community-based organizations, other public en-
tities, and private organizations that are designed to
support the implementation of programs and activi-
ties under this subpart.
‘‘(2) DATA COLLECTION.—
‘‘(A) STATISTICS.—A State may use a por-
tion of the funds, not to exceed 20 percent, de-
scribed in subsection (b)(2), either directly or
through grants and contracts, to establish and
implement a statewide system of collecting data
regarding statistics on—
‘‘(i) truancy rates; and
‘‘(ii) the frequency, seriousness, and in-
cidence of violence and drug related offenses
resulting in suspensions and expulsion in
elementary and secondary schools in States.
‘‘(B) COMPILATION
OF
STATISTICS.—The
statistics shall be compiled in accordance with
definitions as determined in the State criminal
code, but shall not identify victims of crimes or
persons accused of crimes. The collected data
728
•HR 1 RH1&2
shall include, incident reports by school officials,
anonymous student surveys, and anonymous
teacher surveys.
‘‘(C) REPORTING.—Such data and statistics
shall be reported to the public and shall be re-
ported on a school-by-school basis.
‘‘(D) LIMITATION.—Nothing in this sub-
section shall be construed to authorize the Sec-
retary to require particular policies, procedures,
or practices with respect to crimes on school
property or school security.
‘‘(3) SAFE SCHOOLS.—The State shall establish
and implement a statewide policy requiring that stu-
dents attending persistently dangerous public elemen-
tary and secondary schools, as determined by the
State, or who become a victim of a violent criminal
offense, as defined by State law, while in or on the
grounds of a public elementary school or secondary
school that the student attends, be allowed to attend
a safe public elementary or secondary school, within
the local educational agency, including a public char-
ter school and allowing payment of reasonable trans-
portation costs and tuition costs for such students.
729
•HR 1 RH1&2
‘‘SEC. 5113. STATE APPLICATION.
‘‘(a) IN GENERAL.—In order to receive an allotment
under section 5111 for any fiscal year, a State shall submit
to the Secretary, at such time as the Secretary may require,
an application that—
‘‘(1) describes the activities to be funded under
section 5112(c);
‘‘(2) describes how activities funded under this
subpart will support State academic achievement
standards in accordance with section 1111;
‘‘(3) describes how funds under this subpart will
be coordinated with programs under this Act, and
other programs, as appropriate, in accordance with
the provisions of section 8306;
‘‘(4) provides an assurance that the application
was developed in consultation and coordination with
appropriate State officials and others, including the
chief executive officer, the chief State school officer, the
head of the State alcohol and drug abuse agency, the
heads of the State health and mental health agencies,
the head of the State criminal justice planning agen-
cy, the head of the State child welfare agency, the
head of the State board of education, or their des-
ignees, and representatives of parents, students, and
community-based organizations;
730
•HR 1 RH1&2
‘‘(5) provides an assurance that the State will
cooperate with, and assist, the Secretary in con-
ducting data collection as required by section 5116(a);
‘‘(6) provides an assurance that the local edu-
cational agencies in the State will comply with the
provisions of section 8503 pertaining to the partici-
pation of private school children and teachers in the
programs and activities under this subpart;
‘‘(7) provides an assurance that funds under this
subpart will be used to increase the level of State,
local, and other non-Federal funds that would, in the
absence of funds under this subpart, be made avail-
able for programs and activities authorized under this
subpart, and in no case supplant such State, local,
and other non-Federal funds;
‘‘(8) describes the results of the State’s needs and
resources assessment for violence and illegal drug use
prevention which shall be based on the results of on-
going evaluation (which may include data on the in-
cidence and prevalence, age of onset, perception of
health risk and perception of social disapproval of vi-
olence and illegal drug use by youth in schools and
communities and the prevalence of risk and protective
factors or other scientifically based research variables
in the school and community);
731
•HR 1 RH1&2
‘‘(9)(A) provides a statement of the State’s per-
formance measures for drug and violence prevention
programs and activities to be funded under this part
that shall be developed in consultation between the
State and local officials and that consist of—
‘‘(i) performance indicators for drug and
violence prevention programs and activities; and
‘‘(ii) levels of performance for each perform-
ance indicator;
‘‘(B) a description of the procedures the State
will use for assessing and publicly reporting progress
toward meeting those performance measures; and
‘‘(C) a plan for monitoring the implementation
of, and providing technical assistance regarding, the
activities and programs conducted by local edu-
cational agencies, community-based organizations,
other public entities, and private organizations under
this subpart;
‘‘(10) provides an assurance that the State will
consult with a representative sample of local edu-
cational agencies in the development of the definition
of ‘persistently dangerous school’ for the purposes of
section 5112(c)(3);
732
•HR 1 RH1&2
‘‘(11) provides a description of how the State de-
fines ‘persistently dangerous school’ for the purposes
of section 5112(c)(3); and
‘‘(12) provides an assurance that the State ap-
plication will be available for public review after sub-
mission of the application.
‘‘(b) GENERAL APPROVAL.—A State application sub-
mitted pursuant to subsection (a) shall be deemed to be ap-
proved by the Secretary unless the Secretary makes a writ-
ten determination, prior to the expiration of the 90-day pe-
riod beginning on the date that the Secretary receives the
application, that the application is in violation of this sub-
part.
‘‘(c) DISAPPROVAL.—The Secretary shall not finally
disapprove a State application, except after giving the
State notice and opportunity for a hearing.
‘‘SEC. 5114. FORMULA GRANT PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) FUNDS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.—A State shall provide the amount made avail-
able to the State under this subpart, less the amounts
reserved under sections 5111 and 5112 to local edu-
cational agencies for drug and violence prevention
and education as follows:
733
•HR 1 RH1&2
‘‘(A) 60 percent of such amount based on
the relative amount such agencies received under
part A of title I for the preceding fiscal year.
‘‘(B) 40 percent of such amount to local
educational agencies based on the relative enroll-
ments in public and private nonprofit elemen-
tary and secondary schools within the bound-
aries of such agencies.
‘‘(2) ADMINISTRATIVE
COSTS.—Of the amount
received under paragraph (1), a local educational
agency may use not more than 1 percent for the ad-
ministrative costs of carrying out its responsibilities
under this subpart.
‘‘(3) RETURN OF FUNDS TO STATE; REALLOCA-
TION.—
‘‘(A) RETURN.—Except as provided in sub-
paragraph (B), upon the expiration of the 1-year
period beginning on the date that a local edu-
cational agency receives its allocation—
‘‘(i) such agency shall return to the
State any funds from such allocation that
remain unobligated; and
‘‘(ii) the State shall reallocate any such
amount to local educational agencies that
734
•HR 1 RH1&2
have submitted plans for using such amount
for programs or activities on a timely basis.
‘‘(B) CARRYOVER.—In any fiscal year, a
local educational agency, may retain for obliga-
tion in the succeeding fiscal year—
‘‘(i) an amount equal to not more than
25 percent of the allocation it received
under this subpart for such fiscal year; or
‘‘(ii) upon a demonstration of good
cause by such agency and approval by the
State, an amount that exceeds 25 percent of
such allocation.
‘‘(b) ELIGIBILITY.—To be eligible to receive a subgrant
under this subpart, a local educational agency desiring a
subgrant shall submit an application to the State. Such an
application shall be amended, as necessary, to reflect
changes in the activities and programs of the local edu-
cational agency.
‘‘(c) DEVELOPMENT.—
‘‘(1) CONSULTATION.—
‘‘(A) IN
GENERAL.—A local educational
agency shall develop its application through
timely and meaningful consultation with State
and local government representatives, representa-
tives of schools to be served, school personnel, and
735
•HR 1 RH1&2
community organizations with relevant and
demonstrated expertise in drug and violence pre-
vention activities, students and parents.
‘‘(B) CONTINUED
CONSULTATION.—On an
ongoing basis, the local educational agency shall
consult with such representatives and organiza-
tions in order to seek advice regarding how best
to coordinate such agency’s activities under this
subpart with other related strategies, programs,
and activities being conducted in the commu-
nity.
‘‘(2) DESIGN
AND
DEVELOPMENT.—To ensure
timely and meaningful consultation, a local edu-
cational agency at the initial stages of design and de-
velopment of a program or activity shall consult, in
accordance with this subsection, with appropriate en-
tities and persons on issues regarding the design and
development of the program or activity, including ef-
forts to meet the principles of effectiveness described
in section 5115(a).
‘‘(d) CONTENTS OF APPLICATIONS.—
‘‘(1) IN GENERAL.—An application submitted by
a local educational agency under this section shall
contain—
736
•HR 1 RH1&2
‘‘(A) an assurance that the activities or pro-
grams to be funded support State academic
achievement goals in accordance with section
1111;
‘‘(B) a detailed explanation of the local edu-
cational agency’s comprehensive plan for drug
and violence prevention, which shall include a
description of—
‘‘(i) how the plan will be coordinated
with programs under this Act, other Fed-
eral, State, and local programs for drug
and violence prevention, in accordance with
the provisions of section 8306;
‘‘(ii) the local educational agency’s
performance measures for drug and violence
prevention programs and activities, that
shall consist of—
‘‘(I) performance indicators for
drug and violence prevention programs
and activities; and
‘‘(II) levels of performance for
each performance indicator;
‘‘(iii) how such agency will assess and
publicly report progress toward attaining
its performance measures;
737
•HR 1 RH1&2
‘‘(iv) the drug and violence prevention
activity or program to be funded, including
how the activity or program will meet the
principles of effectiveness described in sec-
tion 5115(a), and the means of evaluating
such activity or program; and
‘‘(v) how the services will be targeted to
schools and students with the greatest need;
‘‘(C) a certification that a meaningful as-
sessment has been conducted to determine com-
munity needs (including consultation with com-
munity leaders, businesses, and school officials),
available resources and capacity in the public
and private sector (which may include an anal-
ysis based on data reasonably available at the
time on the incidence and prevalence, age of
onset, perception of health risk, and perception of
social disapproval of drug use and violence by
youth in schools and communities, prevalence of
risk and protective factors, buffers or assets, or
other scientifically based research variables in
the school and community), the findings of such
assessments;
‘‘(D) an assurance that funds under this
subpart will be used to increase the level of State,
738
•HR 1 RH1&2
local, and other non-Federal funds that would,
in the absence of funds under this subpart, be
made available for programs and activities au-
thorized under this subpart, and in no case sup-
plant such State, local, and other non-Federal
funds;
‘‘(E) a description of the mechanisms used
to provide effective notice to the community of
an intention to submit an application under this
title;
‘‘(F) an assurance that drug prevention
programs supported under this part convey a
clear and consistent message that the illegal use
of drugs is wrong and harmful;
‘‘(G) an assurance that the local edu-
cational agency has established and implemented
a student code of conduct policy that clearly
states responsibilities of students, teachers, and
administrators in maintaining a classroom envi-
ronment that allows a teacher to communicate
effectively with all students in the class, that al-
lows all students in the class to learn, has con-
sequences that are fair and appropriate for vio-
lations, and is enforced equitably;
739
•HR 1 RH1&2
‘‘(H) an assurance that the application and
any waiver request will be available for public
review after submission of the application; and
‘‘(I) such other information and assurances
as the State may reasonably require.
‘‘(2) GENERAL APPROVAL.—A local educational
agency’s application submitted to the State under this
subpart shall be deemed to be approved by the State
unless the State makes a written determination, prior
to the expiration of the 90-day period beginning on
the date that the State receives the application, that
the application is in violation of this subpart.
‘‘(3) DISAPPROVAL.—The State shall not finally
disapprove a local educational agency application,
except after giving such agency notice and an oppor-
tunity for a hearing.
‘‘SEC. 5115. AUTHORIZED ACTIVITIES.
‘‘(a) PRINCIPLES OF EFFECTIVENESS.—
‘‘(1) IN GENERAL.—For a program or activity
developed pursuant to this subpart to meet the prin-
ciples of effectiveness, such program or activity
shall—
‘‘(A) be based upon an assessment of objec-
tive data regarding the incidence of violence and
illegal drug use in the elementary and secondary
740
•HR 1 RH1&2
schools and communities to be served, including
an objective analysis of the current conditions
and consequences regarding violence and illegal
drug use, including delinquency and serious dis-
cipline problems, among students who attend
such schools (including private school students
who participate in the drug and violence preven-
tion program) that is based on ongoing local as-
sessment or evaluation activities;
‘‘(B) be based upon an established set of
performance measures aimed at ensuring that
the elementary and secondary schools and com-
munities to be served by the program have a
drug-free, safe, and orderly learning environ-
ment; and
‘‘(C) be based upon scientifically based re-
search that provides evidence that the program to
be used will reduce violence and illegal drug use.
‘‘(2) PERIODIC EVALUATION.—The program or
activity shall undergo a periodic evaluation to assess
its progress toward reducing violence and illegal drug
use in schools to be served based on performance
measures described in section 5114(d)(1)(B)(ii) The
results shall be used to refine, improve, and strength-
en the program, and to refine the performance meas-
741
•HR 1 RH1&2
ures. The results shall also be made available to the
public upon request, with public notice of such avail-
ability provided.
‘‘(3) WAIVER.—A local educational agency may
apply to the State for a waiver of the requirement of
paragraph (1)(C) to allow innovative activities or
programs that demonstrate substantial likelihood of
success.
‘‘(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.—
‘‘(1) PROGRAM
REQUIREMENTS.—A local edu-
cational agency shall use funds made available under
section 5114 to develop, implement, and evaluate com-
prehensive programs and activities, which are coordi-
nated with other school and community-based services
and programs, that shall—
‘‘(A) support State academic achievement
goals in accordance with section 1111;
‘‘(B) be consistent with the principles of ef-
fectiveness described in subsection (a);
‘‘(C) be designed to—
‘‘(i) prevent or reduce violence and ille-
gal drug use, delinquency, serious discipline
problems, and poor academic achievement
and illegal drug use; and
742
•HR 1 RH1&2
‘‘(ii) create a well disciplined environ-
ment conducive to learning, which includes
consultation between teachers, principals,
and other school personnel to identify early
warning signs of drug use and violence and
to provide behavioral interventions as part
of classroom management efforts; and
‘‘(D) include activities to promote the in-
volvement of parents in the activity or program,
to promote coordination with community groups
and coalitions, and government agencies, and to
distribute information about the local edu-
cational agency’s needs, goals, and programs
under this subpart.
‘‘(2) AUTHORIZED ACTIVITIES.—Each local edu-
cational agency or consortium of such agencies, that
receives a subgrant under this subpart may use such
funds to carry out activities, such as—
‘‘(A) developmentally appropriate drug and
violence prevention programs in both elementary
and secondary schools that incorporate a variety
of prevention strategies and activities, which
may include—
‘‘(i) teaching students that most people
do not use illegal drugs;
743
•HR 1 RH1&2
‘‘(ii) teaching students to recognize so-
cial and peer pressure to use illegal drugs
and the skills for resisting illegal drug use;
‘‘(iii) teaching students about the dan-
gers of emerging drugs;
‘‘(iv) engaging students in the learning
process;
‘‘(v) incorporating activities in sec-
ondary schools that reinforce prevention ac-
tivities implemented in elementary schools;
and
‘‘(vi) involving families and commu-
nities in setting clear expectations against
violence and illegal drug use and enforcing
appropriate consequences for violence and
illegal drug use;
‘‘(B) training of school personnel and par-
ents in youth drug and violence prevention, in-
cluding training in early identification, inter-
vention, and prevention of threatening behavior;
‘‘(C) community-wide strategies for reduc-
ing violence and illegal drug use, and illegal
gang activity;
‘‘(D) to the extent that expenditures do not
exceed 20 percent of the amount made available
744
•HR 1 RH1&2
to a local educational agency under this subpart,
law 
enforcement 
and 
security 
activities,
including—
‘‘(i) acquisition and installation of
metal detectors;
‘‘(ii) hiring and training of security
personnel, that are related to youth drug
and violence prevention;
‘‘(iii) reporting of criminal offenses on
school property; and
‘‘(iv) development of comprehensive
school security assessments;
‘‘(E) expanding and improving school-based
mental health services, including early identi-
fication of violence and illegal drug use, assess-
ment, and direct individual or group counseling
services provided to students, parents, and school
personnel by qualified school based mental health
services personnel;
‘‘(F) establishing and maintaining peer me-
diation programs that include educating and
training peer mediators and a designated faculty
supervisor and purchasing necessary materials
to facilitate training and the mediation process;
745
•HR 1 RH1&2
‘‘(G) alternative education programs or
services that reduce the need for suspensions or
expulsions or programs or services for students
who have been expelled or suspended from the
regular educational settings, including programs
or services to assist students to reenter the reg-
ular education setting upon return from treat-
ment or alternative education programs;
‘‘(H) counseling, mentoring, and referral
services, and other student assistance practices
and programs, including assistance provided by
qualified school based mental health services per-
sonnel and the training of teachers by school-
based mental health service providers in appro-
priate identification and intervention techniques
for students, at risk of violent behavior and drug
use;
‘‘(I) activities that reduce truancy;
‘‘(J) age appropriate, developmentally based
violence prevention and education programs that
address the legal, health, personal, and social
consequences of illegal drug use and violent and
disruptive behavior and that include activities
designed to help students develop a sense of indi-
746
•HR 1 RH1&2
vidual responsibility and respect for the rights of
others, and to resolve conflicts without violence;
‘‘(K) providing guidance to students that
encourages students to seek advice for anxiety,
threats of violence, or actual violence and to con-
fide in a trusted adult regarding an uncomfort-
able or threatening situation;
‘‘(L) the development of educational pro-
grams that prevent school based crime, including
preventing crimes motivated by hate that result
in acts of physical violence at school and any
programs or published materials that address
school based crime shall not recommend or re-
quire any action that abridges or infringes upon
the constitutionally protected rights of free
speech, religion, and equal protection of students,
their parents, or legal guardians;
‘‘(M) testing students for illegal drug use or
conducting student locker searches for illegal
drugs or drug paraphernalia consistent with the
4th amendment to the Constitution;
‘‘(N) emergency intervention services fol-
lowing traumatic crisis events, such as a shoot-
ing, major accident, or a drug-related incident,
that has disrupted the learning environment;
747
•HR 1 RH1&2
‘‘(O) establishing and implementing a sys-
tem for transferring suspension and expulsion
records by a local educational agency to any
public or private elementary or secondary school;
‘‘(P) allowing students attending a persist-
ently dangerous public elementary or secondary
school, as determined by the State, or who be-
come a victim of a violent criminal offense, as
defined by State law, while in or on the grounds
of a public elementary school or secondary school
that the student attends, to attend a safe public
elementary or secondary school, within the local
educational agency, including a public charter
school, and allowing payment of reasonable
transportation costs and tuition costs for such
students;
‘‘(Q) the development and implementation
of character education and training programs
that reflect values, that take into account the
views of parents or guardians of the student for
whom the program is intended, which may in-
clude honesty, citizenship, courage, justice, re-
spect, 
personal 
responsibility, 
and 
trust-
worthiness;
748
•HR 1 RH1&2
‘‘(R) establishing and maintaining a school
violence hotline;
‘‘(S) activities to ensure students’ safe travel
to and from school, including pedestrian and bi-
cycle safety education; and
‘‘(T) the evaluation of any of the activities
authorized under this subsection and the collec-
tion of any data required by this part.
‘‘SEC. 5116. EVALUATION AND REPORTING.
‘‘(a) DATA COLLECTION.—
‘‘(1) IN
GENERAL.—The National Center for
Education Statistics shall report, and when appro-
priate, collect data to determine the frequency, seri-
ousness, and incidence of illegal drug use and violence
by youth in schools and communities in the States,
using if appropriate, data submitted by the States
pursuant to subsection (b).
‘‘(2) REPORT.—The Secretary shall submit to the
Congress a report on the data collected under this
subsection.
‘‘(b) STATE REPORT.—
‘‘(1) IN GENERAL.—Not later than October 1,
2004, and every third year thereafter, the chief execu-
tive officer of a State, in consultation with the State
educational agency, shall submit to the Secretary a
749
•HR 1 RH1&2
report on the implementation and effectiveness of
State and local programs under this subpart.
‘‘(2) SPECIAL
RULE.—The report required by
this subsection shall be—
‘‘(A) based on the State’s ongoing evalua-
tion activities, and shall include data on the
prevalence of violence and illegal drug use by
youth in schools and communities; and
‘‘(B) made available to the public upon re-
quest, with public notice of such availability pro-
vided.
‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each
local educational agency receiving funds under this subpart
shall submit to the State such information, and at such in-
tervals as the State reasonably requires to complete the
State report required by subsection (b), information on the
prevalence of violence and illegal drug use by youth in the
schools and the community and the progress of the local
educational agency toward meeting its performance meas-
ures. The report shall be made available to the public upon
request, with public notice of such availability provided.
‘‘Subpart 2—21st Century Schools
‘‘SEC. 5121. STATE ALLOTMENTS FOR 21ST CENTURY
SCHOOLS.
‘‘(a) STATE ALLOTMENTS.—
750
•HR 1 RH1&2
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), from the amount made available under sec-
tion 5003(2) to carry out this subpart for each fiscal
year, the Secretary shall allocate among the States—
‘‘(A) one-half of such amount according to
the ratio between the school-aged population of
each State and the school-aged population of all
the States; and
‘‘(B) one-half of such amount according to
the ratio between the amount each State received
under part A of title I for the preceding year
and the sum of such amounts received by all the
States.
‘‘(2) MINIMUM.—For any fiscal year, no State
shall be allotted under this subsection an amount that
is less than one-half of 1 percent of the total amount
allotted to all the States under this subsection.
‘‘(b) REALLOTMENT OF UNUSED FUNDS.—If any State
does not apply for an allotment under this subpart for a
fiscal year, the Secretary shall reallot the amount of the
State’s allotment to the remaining States in accordance
with this section.
‘‘(c) STATE FUNDS.—
‘‘(1) IN GENERAL.—Each State that receives a
grant under this subpart shall reserve an amount
751
•HR 1 RH1&2
equal to the amount allotted to such State under sub-
section (a), less the amount reserved under para-
graphs (2) and (3) of this subsection, for each fiscal
year for its local educational agencies.
‘‘(2) STATE ADMINISTRATION.—A State may use
not more than 1 percent of the amount made avail-
able under subsection (a) for the administrative costs
of carrying out its responsibilities under this subpart.
‘‘(3) STATE ACTIVITIES.—A State may use not
more than 4 percent of the amount made available
under subsection (a) for the following activities:
‘‘(A) Monitoring and evaluation of pro-
grams and activities assisted under this subpart.
‘‘(B) Providing capacity building, training,
and technical assistance under this subpart.
‘‘SEC. 5122. STATE APPLICATION.
‘‘(a) IN GENERAL.—In order to receive an allotment
under section 5121(a) for any fiscal year, a State shall sub-
mit to the Secretary, at such time as the Secretary may
require, an application that—
‘‘(1) designates the State educational agency as
the agency responsible for the administration and su-
pervision of programs assisted under this subpart;
‘‘(2) describes the competitive procedures and
criteria the State will use to ensure that grants under
752
•HR 1 RH1&2
this subpart will support quality extended learning
opportunities;
‘‘(3) an assurance that the program will pri-
marily target schools eligible for schoolwide programs
under section 1114;
‘‘(4) describes the steps the State will take to en-
sure that programs implement effective strategies, in-
cluding providing ongoing technical assistance and
training, evaluation, and dissemination of promising
practices;
‘‘(5) describe how activities funded under this
subpart will support State academic achievement
goals in accordance with section 1111;
‘‘(6) describe how funds under this subpart will
be coordinated with programs under this Act, and
other programs; as appropriate, in accordance with
the provisions of section 8306;
‘‘(7) provides an assurance that funds under this
subpart will be used to increase the level of State,
local, and other non-Federal funds that would, in the
absence of funds under this subpart, be made avail-
able for programs and activities authorized under this
subpart; and in no case supplant such State, local,
and other non-Federal funds:
753
•HR 1 RH1&2
‘‘(8) provides an assurance that the application
was developed in consultation and coordination with
appropriate State officials, including the chief State
school officer, the heads of the State health and mental
health agencies or their designees, representatives of
teachers, parents, students, the business community,
and community-based organizations, including reli-
gious organizations;
‘‘(9) describes the results of the State’s needs and
resources assessment for before and after school activi-
ties, which shall be based on the results of on-going
State evaluation activities;
‘‘(10) describes how the State will evaluate the
effectiveness of programs and activities carried out
under this subpart which shall include at a
minimum—
‘‘(A) a description of the performance indi-
cators and performance measures that will be
used to evaluate programs and activities; and
‘‘(B) public dissemination of the evaluations
of programs and activities carried out under this
subpart; and
‘‘(11) provides for timely public notice of intent
to file application and an assurance that the applica-
754
•HR 1 RH1&2
tion will be available for public review after submis-
sion of the application.
‘‘(b) GENERAL APPROVAL.—A State application sub-
mitted pursuant to subsection (a) shall be deemed to be ap-
proved by the Secretary unless the Secretary makes a writ-
ten determination, prior to the expiration of the 90-day pe-
riod beginning on the date that the Secretary receives the
application, that the application is in violation of this sub-
part.
‘‘(c) DISAPPROVAL.—The Secretary shall not finally
disapprove a State application, except after giving the
State notice and opportunity for a hearing.
‘‘SEC. 5123. COMPETITIVE GRANT PROGRAM.
‘‘(a) IN GENERAL.—A State that receives funds under
this subpart shall provide the amount made available under
section 5121 to eligible entities for 21st century community
learning programs in accordance with this subpart.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—To be eligible to receive a
subgrant under this subpart, an eligible entity desir-
ing a subgrant shall submit an application to the
State that contains—
‘‘(A) a description of the before and after
school activity to be funded including—
755
•HR 1 RH1&2
‘‘(i) an assurance that the program
will take place in a safe and easily acces-
sible facility;
‘‘(ii) a description of how students
participating in the center will travel safely
to and from the community learning center
and back home; and
‘‘(iii) a description of how the eligible
applicant will disseminate information
about the project (including its location) to
the community in a manner that is under-
standable and accessible.
‘‘(B) a description of how the activity is ex-
pected to improve student academic performance;
‘‘(C) a description of how the activity will
meet the principles of effectiveness described in
section 5124;
‘‘(D) an assurance that the program will
primarily target students who attend schools eli-
gible for schoolwide programs under section
1114;
‘‘(E) provides an assurance that funds
under this subpart will be used to increase the
level of State, local, and other non-Federal funds
that would, in the absence of funds under this
756
•HR 1 RH1&2
subpart, be made available for programs and ac-
tivities authorized under this subpart; and in no
case supplant such State, local, and other non-
Federal funds;
‘‘(F) a description of the partnership with
local educational agency, a community-based or-
ganization, and another public entity or private
organization, if appropriate;
‘‘(G) a certification that a meaningful as-
sessment has been conducted to determine com-
munity needs, available resources and capacity
in the findings of such assessments, and a de-
scription of the mechanisms used to provide ef-
fective notice to the community of an intention
to submit an application under this subpart;
‘‘(H) a description of the applicants experi-
ence, or promise of success, in providing edu-
cational or related activities that will com-
pliment and enhance the student’s academic
achievement;
‘‘(I) an assurance that the applicant will
develop a plan to continue the activity after
funding under this subpart ends;
757
•HR 1 RH1&2
‘‘(J) an assurance that the application and
any waiver request will be available for public
review after submission of the application; and
‘‘(K) such other information and assurances
as the State may reasonably require.
‘‘(2) ELIGIBLE ENTITY.—An eligible entity under
this subpart is a local educational agency, commu-
nity-based organization, and other public entity or
private organization or a consortium of two or more
of such groups.
‘‘(c) PEER REVIEW.—In reviewing local applications
under this section, a State shall use a peer review process
or other methods of assuring the quality of such applica-
tions.
‘‘(d) GEOGRAPHIC DIVERSITY.—To the extent prac-
ticable, a State shall distribute funds equitably among geo-
graphic areas within the State.
‘‘(e) DURATION OF AWARDS.—Grants under this sub-
part may be awarded for a period of not less than 3 years
and not more than 5 years.
‘‘(f) AMOUNT OF AWARDS.—A grant awarded under
this subpart may not be made in an amount of less than
$50,000.
‘‘(g) PRIORITY.—In making awards under this sub-
part, the State shall give priority to applications submitted
758
•HR 1 RH1&2
by applicants proposing to target services to students who
attend schools that have been identified as in need of im-
provement under section 1116.
‘‘(h) PERMISSIVE LOCAL MATCH.—
‘‘(1) IN GENERAL.—A State may require an eli-
gible entity to match funds awarded under this sub-
part, except that such match may not exceed the
amount of the grant award.
‘‘(2) SLIDING SCALE.—The amount of a match
under paragraph (1) shall be established based on a
sliding fee scale that takes into account—
‘‘(A) the relative poverty of the population
to be targeted by the eligible entity; and
‘‘(B) the ability of the eligible entity to ob-
tain such matching funds.
‘‘(3) 
CONSIDERATION.—Notwithstanding 
this
subsection, a State shall not consider an eligible enti-
ty’s ability to match funds when determining which
eligible entities will receive subgrants under this sub-
part.
‘‘SEC. 5124. LOCAL ACTIVITIES.
‘‘(a) PRINCIPLES OF EFFECTIVENESS.—
‘‘(1) IN GENERAL.—For a program or activity
developed pursuant to this subpart to meet the prin-
759
•HR 1 RH1&2
ciples of effectiveness, such program or activity
shall—
‘‘(A) be based upon an assessment of objec-
tive data regarding the need for before and after
school programs and activities in such schools
and communities;
‘‘(B) be based upon an established set of
performance measures aimed at ensuring the
availability of quality extended learning oppor-
tunities; and
‘‘(C) if appropriate, be based upon scientif-
ically based research that provides evidence that
the program will help students meet State and
local performance standards to be used.
‘‘(2) PERIODIC EVALUATION.—The program or
activity shall undergo a periodic evaluation to assess
its progress toward achieving its goal of providing
quality extended learning opportunities. The results
shall be used to refine, improve, and strengthen the
program, and to refine the performance measures. The
results shall also be made available to the public upon
request, with public notice of such availability pro-
vided.
‘‘(3) WAIVER.—A local educational agency may
apply to the State for a waiver of the requirement of
760
•HR 1 RH1&2
paragraph (1)(C) to allow innovative activities or
programs that demonstrate substantial likelihood of
success.
‘‘(b) SERVICES.—Each eligible entity that receives a
subgrant under this subpart shall use such funds to establish
or expand activities in community learning centers that—
‘‘(1) provide quality extended learning opportu-
nities to help students, particularly students who at-
tend low-performing schools, to meet State and local
student performance standards in the core academic
subjects, such as reading and mathematics; and
‘‘(2) provide students with additional activities,
such as drug and violence prevention programs, art
and music programs, technology education programs,
recreational activity, and character education pro-
grams that are linked to, and reinforce, the regular
academic program of schools those students attend.
‘‘(c) AUTHORIZED ACTIVITIES.—Each eligible entity
that receives a subgrant under this subpart may use such
funds to carry out activities, such as—
‘‘(1) before and after school activities that ad-
vance student achievement, including—
‘‘(A) remedial education activities and aca-
demic enrichment learning programs, including
providing additional assistance to students in
761
•HR 1 RH1&2
order to allow them to improve their academic
achievement;
‘‘(B) math and science education activities;
‘‘(C) arts and music education activities;
‘‘(D) entrepreneurial education programs;
‘‘(E) tutoring services (including those pro-
vided by senior citizen volunteers) and men-
toring programs;
‘‘(F) recreational activities;
‘‘(G) telecommunications and technology
education programs;
‘‘(H) expanded library service hours;
‘‘(I) programs that promote parental in-
volvement; and
‘‘(J) programs that provide assistance to
students who have been truant, suspended, or ex-
pelled to allow them to improve their academic
achievement; and
‘‘(2) establishing or enhancing programs or ini-
tiatives that improve academic achievement.
‘‘(d) DEFINITION.—For the purpose of this section, a
‘community learning center’ is an entity that assists stu-
dents to meet State and local content and student perform-
ance standards in core academic subjects, such as reading
and mathematics, by providing them with quality extended
762
•HR 1 RH1&2
learning opportunities and related activities (such as drug
and violence-prevention programs, art and music pro-
grams, recreational programs, technology education pro-
grams, and character education programs) that are linked
to, and reinforce, the regular academic program of schools
attended by the students served and is operated by a local
educational agency, community-based organization, other
public entity or private organization or a consortium of
two or more such groups. Community learning centers shall
operate outside school hours, such as before or after school
or when school is not in session.
‘‘Subpart 3—National Programs
‘‘SEC. 5131. FEDERAL ACTIVITIES.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—From funds made available
to carry out this part under section 5003(3), the Sec-
retary, in consultation with the Secretary of Health
and Human Services, the Director of the Office of Na-
tional Drug Control Policy, and the Attorney Gen-
eral, shall evaluate the effectiveness of programs and
activities that prevent violence and the illegal use of
drugs by youth, that promote safety and discipline for
students in elementary and secondary schools, and
that provide before and after school supervision and
763
•HR 1 RH1&2
academic enrichment, based on the needs reported by
States and local educational agencies.
‘‘(2) COORDINATION.—The Secretary shall carry
out activities described in paragraph (1) directly, or
through grants, contracts, or cooperative agreements
with public and private nonprofit and for-profit orga-
nizations, and individuals, or through agreements
with other Federal agencies, and shall coordinate such
activities with other appropriate Federal activities.
‘‘(3) PROGRAMS.—Activities described in para-
graph (1) may include—
‘‘(A) demonstrations and rigorous scientif-
ically based evaluations of innovative approaches
to drug and violence prevention and before and
after school activities based on needs reported by
State and local educational agencies;
‘‘(B) the provision of information on drug
abuse education and prevention to the Secretary
of Health and Human Services for dissemination
by the clearinghouse for alcohol and drug abuse
information established under section 501(d)(16)
of the Public Health Service Act;
‘‘(C) the provision of information on vio-
lence prevention and school safety to the Attor-
ney General for dissemination; and
764
•HR 1 RH1&2
‘‘(D) continuing technical assistance to chief
executive officers, State agencies, and local edu-
cational agencies to build capacity to develop
and implement high-quality, effective programs
consistent with the principles of effectiveness.
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for funds under
this section.
‘‘Subpart 4—Gun Possession
‘‘SEC. 5141. GUN-FREE SCHOOL REQUIREMENTS.
‘‘(a) REQUIREMENTS.—
‘‘(1) STATE LAW.—Each State receiving funds
under this Act shall—
‘‘(A) have in effect a State law requiring
each local educational agency to expel from
school for a period of not less than one year a
student who is determined to have possessed a
firearm in or at a school or on school grounds
under the jurisdiction of a local educational
agency in that State, except that such State law
shall allow the chief administering officer of such
local educational agency to modify such expul-
sion requirement for a student on a case-by-case
basis; and
765
•HR 1 RH1&2
‘‘(B) require each local educational agency
to adopt a policy requiring each elementary and
secondary school to refer to the criminal justice
or juvenile delinquency system any student who
possesses a firearm in school.
‘‘(2) CONSTRUCTION.—Nothing in this part shall
be construed to prevent a State from allowing a local
educational agency that has expelled a student from
such student’s regular school setting from providing
educational services to such student in an alternative
setting.
‘‘(b) REPORT
TO STATE.—Each local educational
agency requesting assistance from the State educational
agency that is to be provided from funds made available
to the State under this Act shall provide to the State, in
the application requesting such assistance—
‘‘(1) an assurance that such local educational
agency is in compliance with the requirements of sub-
section (a); and
‘‘(2) a description of the circumstances sur-
rounding incidents of possessions and any expulsions
imposed under the State law required by subsection
(a)(1), including—
‘‘(A) the name of the school concerned;
766
•HR 1 RH1&2
‘‘(B) the number of students expelled from
such school for firearm possession; and
‘‘(C) the type of firearm concerned.
‘‘(c) SPECIAL RULE.—The provisions of this section
shall be construed in a manner consistent with the Individ-
uals with Disabilities Education Act.
‘‘(d) DEFINITIONS.—For the purpose of this subpart—
‘‘(1) the term ‘firearm’ has the same meaning
given to such term under section 921(a)(3) of title 18,
United States Code; and
‘‘(2) the term ‘school’ does not include a home
school, regardless of whether a home school is treated
as a private school under State law.
‘‘Subpart 5—General Provisions
‘‘SEC. 5151. DEFINITIONS.
‘‘For the purposes of this part, the following terms have
the following meanings:
‘‘(1) BEFORE AND AFTER SCHOOL ACTIVITIES.—
The term ‘before and after school activities’ means
academic, recreational, and enrichment activities for
school-age youth outside of the regular school hours or
school year.
‘‘(2) CONTROLLED SUBSTANCE.—The term ‘con-
trolled substance’ means a drug or other substance
identified under Schedule I, II, III, IV, or V in sec-
767
•HR 1 RH1&2
tion 202(c) of the Controlled Substances Act (21
U.S.C. 812(c)).
‘‘(3) DRUG.—The term ‘drug’ includes controlled
substances; the illegal use of alcohol and tobacco; and
the harmful, abusive, or addictive use of substances,
including inhalants and anabolic steroids.
‘‘(4) DRUG
AND
VIOLENCE
PREVENTION.—The
term ‘drug and violence prevention’ means—
‘‘(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education
related to the illegal use of drugs; and
‘‘(B) with respect to violence, the promotion
of school safety, such that students and school
personnel are free from violent and disruptive
acts, on school premises, going to and from
school, 
and 
at 
school-sponsored 
activities,
through the creation and maintenance of a school
environment that is free of weapons and fosters
individual responsibility and respect for the
rights of others.
‘‘(5) NONPROFIT.—The term ‘nonprofit,’ as ap-
plied to a school, agency, organization, or institution
means a school, agency, organization, or institution
owned and operated by one or more nonprofit cor-
porations or associations, no part of the net earnings
768
•HR 1 RH1&2
of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
‘‘(6) SCHOOL-AGED
POPULATION.—The term
‘school-aged population’ means the population aged 5
through 17, as determined by the Secretary on the
basis of the most recent satisfactory data available
from the Department of Commerce.
‘‘(7) SCHOOL BASED MENTAL HEALTH SERVICES
PROVIDER.—The term ‘school based mental health
services provider’ includes a State licensed or State
certified school counselor, school psychologist, school
social worker, or other State licensed or certified men-
tal health professional qualified under State law to
provide such services to children and adolescents.
‘‘(8) SCHOOL
PERSONNEL.—The term ‘school
personnel’ includes teachers, principals, administra-
tors, guidance counselors, social workers, psycholo-
gists, nurses, librarians, and other support staff who
are employed by a school or who perform services for
the school on a contractual basis.
‘‘(9) STATE.—The term ‘State’ means each of the
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico.
769
•HR 1 RH1&2
‘‘SEC. 5152. MESSAGE AND MATERIALS.
‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre-
vention programs supported under this title shall convey
a clear and consistent message that the illegal use of drugs
is wrong and harmful.
‘‘(b) CURRICULUM.—The Secretary shall not prescribe
the use of specific curricula for programs supported under
this part.
‘‘SEC. 5153. PARENTAL CONSENT.
‘‘Upon receipt of written notification from the parents
or legal guardians of a student, the local educational agency
shall withdraw such student from any program or activity
funded under this title. The local educational agency shall
make reasonable efforts to inform parents or legal guardians
of the content of such programs or activities funded under
this title, other than classroom instruction.
‘‘SEC. 5154. PROHIBITED USES OF FUNDS.
‘‘No funds under this part may be used for—
‘‘(1) construction (except for minor remodeling
needed to accomplish the purposes of this part); or
‘‘(2) medical services, drug treatment or rehabili-
tation, except for pupil services or referral to treat-
ment for students who are victims of, or witnesses to,
use of drugs or crime.
770
•HR 1 RH1&2
‘‘PART B—ENHANCING EDUCATION THROUGH
TECHNOLOGY
‘‘SEC. 5201. SHORT TITLE.
‘‘This part may be cited as the ‘Enhancing Education
Through Technology Act of 2001’.
‘‘SEC. 5202. PURPOSES.
‘‘The purposes of this part are as follows:
‘‘(1) To provide assistance to States and local-
ities for implementing innovative technology initia-
tives that lead to increased student academic achieve-
ment and that may be evaluated for effectiveness and
replicated if successful.
‘‘(2) To encourage the establishment or expan-
sion of initiatives, including those involving public-
private partnerships, designed to increase access to
technology, particularly in high-need local edu-
cational agencies.
‘‘(3) To assist States and localities in the acqui-
sition, development, interconnection, implementation,
improvement, and maintenance of an effective edu-
cational technology infrastructure in a manner that
expands access to technology for students (particu-
larly for disadvantaged students) and teachers.
‘‘(4) To promote initiatives that provide school
teachers, principals, and administrators with the ca-
pacity to effectively integrate technology into cur-
771
•HR 1 RH1&2
riculum that is aligned with challenging State aca-
demic content and student academic achievement
standards, through such means as high quality profes-
sional development programs.
‘‘(5) To enhance the ongoing professional devel-
opment of teachers, principals, and administrators by
providing constant access to updated research in
teaching and learning via electronic means.
‘‘(6) To support the development of electronic
networks and other innovative methods, such as dis-
tance learning, of delivering challenging courses and
curricula for students who would otherwise not have
access to such courses and curricula, particularly in
geographically remote regions.
‘‘(7) To support the rigorous evaluation of pro-
grams funded under this part, particularly the im-
pact of such initiatives on student academic perform-
ance, and ensure that timely information on the re-
sults of such evaluations is widely accessible through
electronic means.
‘‘(8) To support local efforts for the use of tech-
nology to promote parent and family involvement in
education and communication among students, par-
ents, teachers, principals, and administrators.
772
•HR 1 RH1&2
‘‘SEC. 5203. AUTHORIZATION OF APPROPRIATIONS; FUND-
ING RULE.
‘‘(a) IN
GENERAL.—There are authorized to be
appropriated—
‘‘(1) to carry out subparts 1 and 2 of this part—
‘‘(A) $1,000,000,000 for fiscal year 2002;
and
‘‘(B) such sums as may be necessary for
each of fiscal years 2003 through 2006; and
‘‘(2) to carry out subpart 3 of this part—
‘‘(A) $24,500,000 for fiscal year 2002; and
‘‘(B) such sums as may be necessary for
each of fiscal years 2003 through 2006.
‘‘(b) ALLOCATION OF FUNDS BETWEEN NATIONAL AND
STATE AND LOCAL INITIATIVES.—The amount of funds
made available under subsection (a) shall be allocated as
follows:
‘‘(1) Not less than 95 percent shall be made
available for State and local technology initiatives
under subpart 1.
‘‘(2) Not more than 5 percent may be made
available for activities of the Secretary under subpart
2, of which not more than $15,000,000 may be used
for the study required by section 5221(a)(1).
‘‘SEC. 5204. DEFINITIONS.
‘‘In this part: