187
•HR4141 IH
vate school children, teachers, administrators, and
other staff.
‘‘(d) PUBLIC CONTROL OF FUNDS.—
‘‘(1) IN GENERAL.—The control of funds used
to provide services under this section, and title to
materials, equipment, and property purchased with
such funds, shall be in a public agency for the uses
and purposes provided in this Act, and a public
agency shall administer such funds and property.
‘‘(2) PROVISION OF SERVICES.—
‘‘(A) The provision of services under this
section shall be provided—
‘‘(i) by employees of a public agency;
or
‘‘(ii) through contract by such public
agency with an individual, association,
agency, organization, or other entity.
‘‘(B) In the provision of such services, such
employee, person, association, agency, organiza-
tion or other entity shall be independent of such
private school and of any religious organization,
and such employment or contract shall be under
the control and supervision of such public agen-
cy.
188
•HR4141 IH
‘‘(C) Funds used to provide services under
this section shall not be commingled with non-
Federal funds.
‘‘SEC. 14504. STANDARDS FOR BY-PASS.
‘‘If, by reason of any provision of law, a State edu-
cational agency, local educational agency, educational
service agency, consortium, or other entity of such agen-
cies, is prohibited from providing for the participation in
programs of children enrolled in, or teachers or other edu-
cational personnel from, private elementary and secondary
schools, on an equitable basis, or if the Secretary deter-
mines that such agency consortium or entity has substan-
tially failed or is unwilling to provide for such participa-
tion, as required by section 14503, the Secretary shall—
‘‘(1) waive the requirements of that section for
such agency, consortium, or entity;
‘‘(2) arrange for the provision of equitable serv-
ices to such children, teachers, or other educational
personnel through arrangements that shall be sub-
ject to the requirements of this section and of sec-
tions 14503, 14505, and 14506; and
‘‘(3) in making the determination, consider one
or more factors, including the quality, size, scope, lo-
cation of the program and the opportunity of private
189
•HR4141 IH
school children, teachers, and other educational per-
sonnel to participate.
‘‘SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF
PRIVATE SCHOOL CHILDREN.
‘‘(a) PROCEDURES
FOR COMPLAINTS.—The Sec-
retary shall develop and implement written procedures for
receiving, investigating, and resolving complaints from
parents, teachers, or other individuals and organizations
concerning violations of section 14503 by a State edu-
cational agency, local educational agency, educational
service agency, consortium of such agencies or entity.
Such individual or organization shall submit such com-
plaint to the State educational agency for a written resolu-
tion by the State educational agency within a reasonable
period of time.
‘‘(b) APPEALS TO SECRETARY.—Such resolution may
be appealed by an interested party to the Secretary not
later than 30 days after the State educational agency re-
solves the complaint or fails to resolve the complaint with-
in a reasonable period of time. Such appeal shall be ac-
companied by a copy of the State educational agency’s res-
olution, and a complete statement of the reasons sup-
porting the appeal. The Secretary shall investigate and re-
solve each such appeal not later than 120 days after re-
ceipt of the appeal.
190
•HR4141 IH
‘‘SEC. 14506. BY-PASS DETERMINATION PROCESS.
‘‘(a) REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) The Secretary shall not take any final
action under section 14504 until the State edu-
cational agency, local educational agency, edu-
cational service agency, consortium of such
agencies or entity affected by such action has
had an opportunity, for not less than 45 days
after receiving written notice thereof, to submit
written objections and to appear before the Sec-
retary to show cause why that action should not
be taken.
‘‘(B) Pending final resolution of any inves-
tigation or complaint that could result in a de-
termination under this section, the Secretary
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 those services.
‘‘(2) PETITION FOR REVIEW.—
‘‘(A) If such affected agency consortium or
entity is dissatisfied with the Secretary’s final
action after a proceeding under paragraph (1),
such agency consortium or entity may, within
60 days after notice of such action, file with the
191
•HR4141 IH
United States court of appeals for the circuit in
which such State is located a petition for review
of that action.
‘‘(B) A copy of the petition shall be forth-
with transmitted by the clerk of the court to the
Secretary.
‘‘(C) The Secretary upon receipt of the
copy of the petition shall file in the court the
record of the proceedings on which the Sec-
retary based this action, as provided in section
2112 of title 28, United States Code.
‘‘(3) FINDINGS OF FACT.—
‘‘(A) The findings of fact by the Secretary,
if supported by substantial evidence, 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 then
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.
‘‘(B) Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
‘‘(4) JURISDICTION.—
192
•HR4141 IH
‘‘(A) 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.
‘‘(B) 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.
‘‘(b) DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines, in consultation with such agen-
cy, consortium or entity and representatives of the af-
fected private school children, teachers, or other edu-
cational personnel that there will no longer be any failure
or inability on the part of such agency or consortium to
meet the applicable requirements of section 14503 or any
other provision of this Act.
‘‘(c) PAYMENT FROM STATE
ALLOTMENT.—When
the Secretary arranges for services pursuant to this sec-
tion, the Secretary shall, after consultation with the ap-
propriate public and private school officials, pay the cost
of such services, including the administrative costs of ar-
ranging for those services, from the appropriate allocation
or allocations under this Act.
193
•HR4141 IH
‘‘(d) PRIOR DETERMINATION.—Any by-pass deter-
mination by the Secretary under this Act as in effect on
the day preceding the date of enactment of the Education
OPTIONS Act shall remain in effect to the extent the Sec-
retary determines that such determination is consistent
with the purpose of this section.
‘‘SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS
WORSHIP OR INSTRUCTION.
‘‘Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
‘‘SEC. 14508. APPLICABILITY TO HOME SCHOOLS.
‘‘Nothing in this Act shall be construed to affect
home schools.
‘‘SEC. 
14509. 
GENERAL 
PROVISION 
REGARDING 
NON-
RECIPIENT NONPUBLIC SCHOOLS.
‘‘Nothing in this Act or any other Act administered
by the Department shall be construed to permit, allow,
encourage, or authorize any Federal control over any as-
pect of any private, religious, or home school, whether or
not a home school is treated as a private school or home
school under State law. This section shall not be construed
to bar private, religious, or home schools from participa-
tion in programs or services under this Act or any other
Act administered by the Department.
194
•HR4141 IH
‘‘SEC. 14510. SCHOOL PRAYER.
‘‘Notwithstanding any provision of law, no funds
made available through the Department of Education
under this Act, or any other Act, shall be available to any
State or local educational agency which has a policy of
denying or which effectively prevents participation in, con-
stitutionally protected prayer in public schools by individ-
uals on a voluntary basis. Neither the United States nor
any State nor any local educational agency shall require
any person to participate in prayer or influence the form
or content of any constitutionally protected prayer in such
public schools.
‘‘SEC. 14511. MEMORIALS AND MEMORIAL SERVICES; RULE
OF CONSTRUCTION; AND ATTORNEY FEES.
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) The saying of a prayer, the reading of a
scripture, or the performance of religious music, as
part of a memorial service that is held on the cam-
pus of a public elementary or secondary school in
order to honor the memory of any person slain on
that campus is not objectionable under this Act.
‘‘(2) The design and construction of any memo-
rial which includes religious symbols, motifs, or
sayings that is placed on the campus of a public ele-
mentary or secondary school in order to honor the
195
•HR4141 IH
memory of any person slain on that campus is not
objectionable under this Act.
‘‘(b) RULE OF CONSTRUCTION.—
‘‘(1) PAYMENT.—Nothing contained in this Act
shall be construed to authorize the making of any
payment under this Act for religious worship, in-
struction, or the construction of any religious memo-
rial.
‘‘(2) MEMORIAL SERVICE.—This Act shall not
be construed to bar—
‘‘(A) the saying of a prayer;
‘‘(B) the reading of a scripture;
‘‘(C) the performance of religious music; or
‘‘(D) the design or construction of any me-
morial which includes religious symbols, motifs,
or sayings;
as part of a memorial service held or a memorial
placed, as the case may be, on the campus of a pub-
lic elementary or secondary school in order to honor
the memory of any person slain on that campus.
‘‘SEC. 14512. ATTORNEYS FEES.
‘‘Notwithstanding any other provision of Federal law,
a local educational agency or public elementary or sec-
ondary school may use not more than 20 percent of its
administrative funds from any program under this Act for
196
•HR4141 IH
payment of attorneys fees and related legal services in the
defense of any legal action, brought against a local edu-
cational agency, public elementary or secondary school, or
agent of any of such entities, claiming such agency, school,
or agent violated the constitutional prohibition against the
establishment of religion by permitting, facilitating, or
accommodating—
‘‘(1) a student’s religious expression; or
‘‘(2) the design or construction of any memorial
which includes religious symbols, motifs, or saying
as part of a memorial placed on the campus of a
public elementary or secondary school in order to
honor the memory of a person slain on that campus.
‘‘SEC. 14513. GENERAL PROHIBITIONS.
‘‘(a) PROHIBITION.—None of the funds authorized
under this Act shall be used—
‘‘(1) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at
youth that are designed to promote or encourage,
sexual activity, whether homosexual or heterosexual;
‘‘(2) to distribute or to aid in the distribution
by any organization of legally obscene materials to
minors on school grounds;
‘‘(3) to provide sex education or HIV preven-
tion education in schools unless such instruction is
197
•HR4141 IH
age appropriate and emphasizes the health benefits
of abstinence; or
‘‘(4) to operate a program of contraceptive dis-
tribution in schools.
‘‘(b) LOCAL CONTROL.—Nothing in this section shall
be construed to—
‘‘(1) authorize an officer or employee of the
Federal Government to mandate, direct, review, or
control a State, local educational agency, or schools’
instructional content, curriculum, and related activi-
ties;
‘‘(2) limit the application of the General Edu-
cation Provisions Act (20 U.S.C.A. 1221 et seq.);
‘‘(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
‘‘(4) create any legally enforceable right.
‘‘SEC. 14514. PROHIBITION ON FEDERAL MANDATES, DIREC-
TION, AND CONTROL.
‘‘Nothing in this Act shall be construed to authorize
an officer or employee of the Federal Government to man-
date, direct, or control a State, local educational agency,
or school’s curriculum, program of instruction, or alloca-
tion of State or local resources, or mandate a State or
198
•HR4141 IH
any subdivision thereof to spend any funds or incur any
costs not paid for under this Act.
‘‘SEC. 14515. RULEMAKING.
‘‘The Secretary shall issue regulations under this Act
only to the extent that such regulations are necessary to
ensure that there is compliance with the specific require-
ments and assurances required by this Act.
‘‘SEC. 14516. REPORT.
‘‘The Secretary shall report to the Congress not later
than 180 days after the date of enactment of the Edu-
cation OPTIONS Act regarding how the Secretary shall
ensure that audits conducted by Department employees of
activities assisted under this Act comply with changes to
this Act made by the Education OPTIONS Act, particu-
larly with respect to permitting children with similar edu-
cational needs to be served in the same educational set-
tings, where appropriate.
‘‘SEC. 14517. REQUIRED APPROVAL OR CERTIFICATION
PROHIBITED.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of Federal law, no State shall be required to have
content standards or student performance standards ap-
proved or certified by the Federal Government, in order
to receive assistance under this Act.
199
•HR4141 IH
‘‘(b) CONSTRUCTION.—Nothing in this section shall
be construed to affect requirements under title I of this
Act.
‘‘SEC. 14518. PROHIBITION ON ENDORSEMENT OF CUR-
RICULUM.
‘‘Notwithstanding any other prohibition of Federal
law, no funds provided to the Department of Education
or to any applicable program may be used by the Depart-
ment to endorse, approve, or sanction any curriculum de-
signed to be used in an elementary or secondary school.
‘‘PART F—SENSE OF THE CONGRESS
‘‘SEC. 14614. REDUCING THE READING DEFICIT.
‘‘(a) FINDINGS.—The ability to read the English lan-
guage is the cornerstone of academic success. The 1998
National Assessment of Educational Progress (NAEP)
found that 69 percent of 4th grade students are reading
below the proficient level. The National Institute of Child
Health and Human Development (NICHD) has conducted
extensive scientific research on reading instruction for
more than 34 years at a cost of more than two hundred
million dollars. Federal research in reading instruction has
concluded that phonemic awareness, direct systematic in-
struction in sound-spelling correspondences, blending of
sound-spellings into words, reading comprehension, and
200
•HR4141 IH
regular exposure to interesting books are essential compo-
nents of any balanced reading program.
‘‘(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
‘‘(1) federally funded education programs which
are designed to improve reading skills, should use in-
structional practices that are grounded in scientif-
ically based research as defined in section 14101(26)
of this Act;
‘‘(2) reducing the reading deficit is one of the
most critical tasks before the nation; and
‘‘(3) successful learning in all other areas such
as science, history, literature, business and voca-
tional training or computer science requires the abil-
ity to read fluently and with comprehension.
‘‘SEC. 14615. SCIENCE ASSESSMENT.
It is the sense of Congress that State and local as-
sessments in science should measure a student’s ability
to—
(1) understand scientific facts, results, and con-
cepts;
(2) design and conduct experiments;
(3) make arguments based on evidence and
data; and
(4) communicate scientific information.’’.
201
•HR4141 IH
SEC. 602. REPEALS.
The following provisions are repealed:
(1) GOALS.—Parts A and C of title II and title
VI of Goals 2000: Educate America Act.
(2) ESEA.—Part G of title X and title XI of
the Elementary and Secondary Education Act of
1965.
SEC. 603. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on October 1, 2000, or the date of enactment
of Education OPTIONS Act, whichever occurs later.
Æ