H. R. 6—75
‘‘(6) A continuing need exists for activities and programs
to reduce the incidence of youth dropping out of school.
‘‘(7) Federal dropout prevention programs have dem-
onstrated effectiveness in keeping children and youth in school.
‘‘(8) Pregnant and parenting teens are a high at-risk group
for dropping out of school and should be targeted by dropout
prevention programs.
‘‘(9) Such youth need a strong dropout prevention program
which provides such youth with high level skills and which
provides supports to youth returning from correctional facilities
in order to keep such youth in school.
‘‘(b) PURPOSE.—It is the purpose of this part—
‘‘(1) to improve educational services to children in local
and State institutions for neglected or delinquent children and
youth so that such children and youth have the opportunity
to meet the same challenging State content standards and
challenging State student performance standards that all chil-
dren in the State will be expected to meet;
‘‘(2) to provide such children and youth the services needed
to make a successful transition from institutionalization to
further schooling or employment; and
‘‘(3) to prevent at-risk youth from dropping out of school
and to provide dropouts and youth returning from institutions
with a support system to ensure their continued education.
‘‘(c) PROGRAM AUTHORIZED.—In order to carry out the purpose
of this part the Secretary shall make grants to State educational
agencies to enable such agencies to award subgrants to State agen-
cies and local educational agencies to establish or improve programs
of education for neglected or delinquent children and youth at
risk of dropping out of school before graduation.
‘‘SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
‘‘(a) AGENCY SUBGRANTS.—Based on the allocation amount com-
puted under section 1412, the Secretary shall allocate to each
State educational agency amounts necessary to make subgrants
to State agencies.
‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for purposes
of subpart 2, funds generated throughout the State under part
A based on youth residing in local correctional facilities, or attending
community day programs for delinquent children and youth.
‘‘(c) USE OF REMAINING FUNDS.—Each State shall use any funds
remaining after allocations are made under subsection (a).
‘‘Subpart 1—State Agency Programs
‘‘SEC. 1411. ELIGIBILITY.
‘‘A State agency is eligible for assistance under this subpart
if such State agency is responsible for providing free public edu-
cation for children—
‘‘(1) in institutions for neglected or delinquent children;
‘‘(2) attending community day programs for neglected or
delinquent children; or
‘‘(3) in adult correctional institutions.
‘‘SEC. 1412. ALLOCATION OF FUNDS.
‘‘(a) SUBGRANTS TO STATE AGENCIES.—
‘‘(1) IN GENERAL.—Each State agency described in section
1411 (other than an agency in the Commonwealth of Puerto
H. R. 6—76
Rico) is eligible to receive a subgrant under this part, for
each fiscal year, an amount equal to the product of—
‘‘(A) the number of neglected or delinquent children
and youth described in section 1411 who—
‘‘(i) are enrolled for at least 15 hours per week
in education programs in adult correctional institu-
tions; and
‘‘(ii) are enrolled for at least 20 hours per week—
‘‘(I) in education programs in institutions for
neglected or delinquent children; or
‘‘(II) in community day programs for neglected
or delinquent children; and
‘‘(B) 40 percent of the average per-pupil expenditure
in the State, except that the amount determined under
this paragraph shall not be less than 32 percent, or more
than 48 percent, of the average per-pupil expenditure in
the United States.
‘‘(2) SPECIAL RULE.—The number of neglected or delinquent
children and youth determined under paragraph (1) shall—
‘‘(A) be determined by the State agency by a deadline
set by the Secretary, except that no State agency shall
be required to determine the number of such children on
a specific date set by the Secretary; and
‘‘(B) be adjusted, as the Secretary determines is appro-
priate, to reflect the relative length of such agency’s annual
programs.
‘‘(b) SUBGRANTS
TO STATE AGENCIES
IN PUERTO RICO.—For
each fiscal year, the amount of the subgrant for which a State
agency in the Commonwealth of Puerto Rico is eligible under this
part shall be equal to—
‘‘(1) the number of children and youth counted under sub-
section (a)(1) for the Commonwealth of Puerto Rico; multiplied
by
‘‘(2) the product of—
‘‘(A) the percentage that the average per-pupil expendi-
ture in the Commonwealth of Puerto Rico is of the lowest
average per-pupil expenditure of any of the 50 States;
and
‘‘(B) 32 percent of the average per-pupil expenditure
in the United States.
‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIA-
TIONS.—If the amount appropriated for any fiscal year for subgrants
under subsections (a) and (b) is insufficient to pay the full amount
for which all agencies are eligible under such subsections, the
Secretary shall ratably reduce each such amount.
‘‘SEC. 1413. STATE REALLOCATION OF FUNDS.
‘‘If a State educational agency determines that a State agency
does not need the full amount of the subgrant for which such
State agency is eligible under this part for any fiscal year, the
State educational agency may reallocate the amount that will not
be needed to other eligible State agencies that need additional
funds to carry out the purpose of this part, in such amounts as
the State educational agency shall determine.
‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
‘‘(a) STATE PLAN.—
H. R. 6—77
‘‘(1) IN
GENERAL.—Each State educational agency that
desires to receive a grant under this part shall submit, for
approval by the Secretary, a plan for meeting the needs of
neglected and delinquent youth and, where applicable, youth
at risk of dropping out of school which is integrated with
other programs under this Act, the Goals 2000: Educate Amer-
ica Act, or other Acts, as appropriate, consistent with section
14306.
‘‘(2) CONTENTS.—Each such State plan shall—
‘‘(A) describe the program goals, objectives, and
performance measures established by the State that will
be used to assess the effectiveness of the program in
improving academic and vocational skills of children in
the program;
‘‘(B) provide that, to the extent feasible, such children
will have the same opportunities to learn as such children
would have if such children were in the schools of local
educational agencies in the State; and
‘‘(C) contain assurances that the State educational
agency will—
‘‘(i) ensure that programs assisted under this part
will be carried out in accordance with the State plan
described in this subsection;
‘‘(ii) carry out the evaluation requirements of sec-
tion 1416;
‘‘(iii) ensure that the State agencies receiving
subgrants 
under 
this 
subpart 
comply 
with 
all
applicable statutory and regulatory requirements; and
‘‘(iv) provide such other information as the Sec-
retary may reasonably require.
‘‘(3) DURATION OF THE PLAN.—Each such State plan shall—
‘‘(A) remain in effect for the duration of the State’s
participation under this part; and
‘‘(B) be periodically reviewed and revised by the State,
as necessary, to reflect changes in the State’s strategies
and programs under this part.
‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall approve each State
plan that meets the requirements of this part.
‘‘(2) PEER REVIEW.—The Secretary may review any State
plan with the assistance and advice of individuals with relevant
expertise.
‘‘(c) STATE AGENCY APPLICATIONS.—Any State agency that
desires to receive funds to carry out a program under this part
shall submit an application to the State educational agency that—
‘‘(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served;
‘‘(2) provides assurances that in making services available
to youth in adult correctional facilities, priority will be given
to such youth who are likely to complete incarceration within
a 2-year period;
‘‘(3) describes the program, including a budget for the first
year of the program, with annual updates to be provided to
the State educational agency;
‘‘(4) describes how the program will meet the goals and
objectives of the State plan under this subpart;
H. R. 6—78
‘‘(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate staff,
to ensure that the planning and operation of institution-wide
projects under section 1416 are of high quality;
‘‘(6) describes how the agency will carry out the evaluation
requirements of section 14701 and how the results of the most
recent evaluation are used to plan and improve the program;
‘‘(7) includes data showing that the agency has maintained
fiscal effort required of a local educational agency, in accordance
with section 14501 of this title;
‘‘(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as pro-
grams under the Job Training Partnership Act, vocational edu-
cation programs, State and local dropout prevention programs,
and special education programs;
‘‘(9) describes how appropriate professional development
will be provided to teachers and other staff;
‘‘(10) designates an individual in each affected institution
to be responsible for issues relating to the transition of children
and youth from the institution to locally operated programs;
‘‘(11) describes how the agency will, endeavor to coordinate
with businesses for training and mentoring for participating
youth;
‘‘(12) provides assurances that the agency will assist in
locating alternative programs through which students can con-
tinue their education if students are not returning to school
after leaving the correctional facility;
‘‘(13) provides assurances that the agency will work with
parents to secure parents’ assistance in improving the edu-
cational achievement of their children and preventing their
children’s further involvement in delinquent activities;
‘‘(14) provides assurances that the agency works with spe-
cial education youth in order to meet an existing individualized
education program and an assurance that the agency will notify
the youth’s local school if such youth—
‘‘(A) is identified as in need of special education services
while the youth is in the facility; and
‘‘(B) intends to return to the local school;
‘‘(15) provides assurances that the agency will work with
youth who dropped out of school before entering the facility
to encourage the youth to reenter school once the term of
the youth has been completed or provide the youth with the
skills necessary to gain employment, continue the education
of the youth, or achieve a secondary school diploma or the
recognized equivalent if the youth does not intend to return
to school;
‘‘(16) provides assurances that teachers and other qualified
staff are also trained to work with children with disabilities
and other students with special needs taking into consideration
the unique needs of such students;
‘‘(17) describes any additional services provided to youth,
such as career counseling, and assistance in securing student
loans and grants; and
‘‘(18) provides assurances that the program under this sub-
part will be coordinated with any programs operated under
the Juvenile Justice and Delinquency Prevention Act of 1974
or other comparable programs, if applicable.
H. R. 6—79
‘‘SEC. 1415. USE OF FUNDS.
‘‘(a) IN GENERAL.—
‘‘(1) USES.—A State agency shall use funds received under
this subpart only for programs and projects that—
‘‘(A) are consistent with the State plan under section
1414(a); and
‘‘(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition
to secondary school completion, further education, or
employment.
‘‘(2) PROGRAMS
AND
PROJECTS.—Such programs and
projects—
‘‘(A) may include the acquisition of equipment;
‘‘(B) shall be designed to support educational services
that—
‘‘(i) except for institution-wide projects under sec-
tion 1416, are provided to children identified by the
State agency as failing, or most at risk of failing,
to meet the State’s challenging State content standards
and challenging State student performance standards;
‘‘(ii) supplement and improve the quality of the
educational services provided to such children by the
State agency; and
‘‘(iii) afford such children an opportunity to learn
to such challenging State standards;
‘‘(C) shall be carried out in a manner consistent with
section 1120A and part F of this title; and
‘‘(D) may include the costs of meeting the evaluation
requirements of section 14701.
‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program under this sub-
part that supplements the number of hours of instruction students
receive from State and local sources shall be considered to comply
with the supplement, not supplant requirement of section 1120A
without regard to the subject areas in which instruction is given
during those hours.
‘‘SEC. 1416. INSTITUTION-WIDE PROJECTS.
‘‘A State agency that provides free public education for children
and youth in an institution for neglected or delinquent children
(other than an adult correctional institution) or attending a commu-
nity-day program for such children may use funds received under
this part to serve all children in, and upgrade the entire educational
effort of, that institution or program if the State agency has devel-
oped, and the State educational agency has approved, a comprehen-
sive plan for that institution or program that—
‘‘(1) provides for a comprehensive assessment of the edu-
cational needs of all youth in the institution or program serving
juveniles;
‘‘(2) provides for a comprehensive assessment of the edu-
cational needs of youth aged 20 and younger in adult facilities
who are expected to complete incarceration within a two-year
period;
‘‘(3) describes the steps the State agency has taken, or
will take, to provide all children under age 21 with the oppor-
tunity to meet challenging State content standards and chal-
lenging State student performance standards in order to
improve the likelihood that the students will complete second-
H. R. 6—80
ary school, attain secondary diploma or its recognized equiva-
lent, or find employment after leaving the institution;
‘‘(4) describes the instructional program, pupil services,
and procedures that will be used to meet the needs described
in paragraph (1), including, to the extent feasible, the provision
of mentors for students;
‘‘(5) specifically describes how such funds will be used;
‘‘(6) describes the measures and procedures that will be
used to assess student progress;
‘‘(7) describes how the agency has planned, and will imple-
ment and evaluate, the institution-wide or program-wide project
in consultation with personnel providing direct instructional
services and support services in institutions or community-
day programs for neglected or delinquent children and person-
nel from the State educational agency; and
‘‘(8) includes an assurance that the State agency has pro-
vided for appropriate training for teachers and other instruc-
tional and administrative personnel to enable such teachers
and personnel to carry out the project effectively.
‘‘SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.
‘‘If a State agency operates a program or project under this
subpart in which individual children are likely to participate for
more than one year, the State educational agency may approve
the State agency’s application for a subgrant under this part for
a period of not more than three years.
‘‘SEC. 1418. TRANSITION SERVICES.
‘‘(a) TRANSITION SERVICES.—Each State agency shall reserve
not more than 10 percent of the amount such agency receives
under this subpart for any fiscal year to support projects that
facilitate the transition of children from State-operated institutions
to local educational agencies.
‘‘(b) CONDUCT OF PROJECTS.—A project supported under this
section may be conducted directly by the State agency, or through
a contract or other arrangement with one or more local educational
agencies, other public agencies, or private nonprofit organizations.
‘‘(c) LIMITATION.—Any funds reserved under subsection (a) shall
be used only to provide transitional educational services, which
may include pupil services and mentoring, to neglected and delin-
quent children in schools other than State-operated institutions.
‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed
to prohibit a school that receives funds under subsection (a) from
serving neglected and delinquent children simultaneously with stu-
dents with similar educational needs, in the same educational set-
tings where appropriate.
‘‘Subpart 2—Local Agency Programs
‘‘SEC. 1421. PURPOSE.
‘‘The purpose of this subpart is to support the operation of
local educational agency programs which involve collaboration with
locally operated correctional facilities to—
‘‘(1) carry out high quality education programs to prepare
youth for secondary school completion, training, and employ-
ment, or further education;
H. R. 6—81
‘‘(2) provide activities to facilitate the transition of such
youth from the correctional program to further education or
employment; and
‘‘(3) operate dropout prevention programs in local schools
for youth at risk of dropping out of school and youth returning
from correctional facilities.
‘‘SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) LOCAL SUBGRANTS.—With funds retained made available
under section 1402(b), the State educational agency shall award
subgrants to local educational agencies with high numbers or
percentages of youth residing in locally operated (including county
operated) correctional facilities for youth (including facilities
involved in day programs).
‘‘(b) SPECIAL RULE.—A local educational agency which includes
a correctional facility that operates a school is not required to
operate a dropout prevention program if more than 30 percent
of the youth attending such facility will reside outside the bound-
aries of the local educational agency upon leaving such facility.
‘‘(c) NOTIFICATION.—A State educational agency shall notify
local educational agencies within the State of the eligibility of
such agencies to receive a subgrant under this subpart.
‘‘SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
‘‘Eligible local educational agencies desiring assistance under
this section shall submit an application to the State educational
agency, containing such information as the State educational agency
may require. Each such application shall include—
‘‘(1) a description of the program to be assisted;
‘‘(2) a description of formal agreements between—
‘‘(A) the local educational agency; and
‘‘(B) correctional facilities and alternative school pro-
grams serving youth involved with the juvenile justice sys-
tem to operate programs for delinquent youth;
‘‘(3) as appropriate, a description of how participating
schools will coordinate with facilities working with delinquent
youth to ensure that such youth are participating in an edu-
cation program comparable to one operating in the local school
such youth would attend;
‘‘(4) as appropriate, a description of the dropout prevention
program operated by participating schools and the types of
services such schools will provide to at-risk youth in participat-
ing schools and youth returning from correctional facilities;
‘‘(5) as appropriate, a description of the youth expected
to be served by the dropout prevention program and how the
school will be coordinating existing educational programs to
meet unique education needs;
‘‘(6) as appropriate, a description of how schools will coordi-
nate with existing social and health services to meet the needs
of students at risk of dropping out of school and other participat-
ing students, including prenatal health care and nutrition serv-
ices related to the health of the parent and child, parenting
and child development classes, child care, targeted re-entry
and outreach programs, referrals to community resources, and
scheduling flexibility;
H. R. 6—82
‘‘(7) as appropriate, a description of any partnerships with
local businesses to develop training and mentoring services
for participating students;
‘‘(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational achieve-
ment of their children, assist in dropout prevention activities,
and prevent the involvement of their children in delinquent
activities;
‘‘(9) a description of how the program under this subpart
will be coordinated with other Federal, State, and local pro-
grams, such as programs under the Job Training and Part-
nership Act and vocational education programs serving this
at-risk population of youth;
‘‘(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and Delin-
quency Prevention Act of 1974 and other comparable programs,
if applicable;
‘‘(11) as appropriate, a description of how schools will work
with probation officers to assist in meeting the needs of youth
returning from correctional facilities;
‘‘(12) a description of efforts participating schools will make
to ensure correctional facilities working with youth are aware
of a child’s existing individualized education program; and
‘‘(13) as appropriate, a description of the steps participating
schools will take to find alternative placements for youth
interested in continuing their education but unable to partici-
pate in a regular public school program.
‘‘SEC. 1424. USES OF FUNDS.
‘‘Funds provided to local educational agencies under this sub-
part may be used, where appropriate, for—
‘‘(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parenting teens, youth
who have come in contact with the juvenile justice system,
youth at least one year behind their expected grade level,
migrant youth, immigrant youth, students with limited-English
proficiency and gang members;
‘‘(2) the coordination of health and social services for such
individuals if there is a likelihood that the provision of such
services, including day care and drug and alcohol counseling,
will improve the likelihood such individuals will complete their
education; and
‘‘(3) programs to meet the unique education needs of youth
at risk of dropping out of school, which may include vocational
education, special education, career counseling, and assistance
in securing student loans or grants.
‘‘SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILI-
TIES RECEIVING FUNDS UNDER THIS SECTION.
‘‘Each correctional facility entering into an agreement with
a local educational agency under section 1422(a) to provide services
to youth under this section shall—
‘‘(1) where feasible, ensure educational programs in juvenile
facilities are coordinated with the student’s home school,
particularly with respect to special education students with
an individualized education program;
‘‘(2) notify the local school of a youth if the youth is identi-
fied as in need of special education services while in the facility;
H. R. 6—83
‘‘(3) where feasible, provide transition assistance to help
the youth stay in school, including coordination of services
for the family, counseling, assistance in accessing drug and
alcohol abuse prevention programs, tutoring, and family coun-
seling;
‘‘(4) provide support programs which encourage youth who
have dropped out to reenter school once their term has been
completed or provide such youth with the skills necessary for
such youth to gain employment or seek a secondary school
diploma or its recognized equivalent;
‘‘(5) work to ensure such facilities are staffed with teachers
and other qualified staff who are trained to work with children
with disabilities and other students with special needs taking
into consideration the unique needs of such children and stu-
dents;
‘‘(6) ensure educational programs in correctional facilities
are related to assisting students meet high educational stand-
ards;
‘‘(7) use, to the extent possible, technology to assist in
coordinating educational programs between the juvenile facility
and the community school;
‘‘(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent activities;
‘‘(9) coordinate funds received under this program with
other local, State, and Federal funds available to provide serv-
ices to participating youth, such as funds under the Job Train-
ing Partnership Act, and vocational education funds;
‘‘(10) coordinate programs operated under this subpart with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable; and
‘‘(11) if appropriate, work with local businesses to develop
training and mentoring programs for participating youth.
‘‘SEC. 1426. ACCOUNTABILITY.
‘‘The State educational agency may—
‘‘(1) reduce or terminate funding for projects under this
section if a local educational agency does not show progress
in reducing dropout rates for male students and for female
students over a 3-year period; and
‘‘(2) require juvenile facilities to demonstrate, after receiv-
ing assistance under this subpart for 3 years, that there has
been an increase in the number of youth returning to school,
obtaining a secondary school diploma or its recognized equiva-
lent, or obtaining employment after such youth are released.
‘‘Subpart 3—General Provisions
‘‘SEC. 1431. PROGRAM EVALUATIONS.
‘‘(a) SCOPE OF EVALUATION.—Each State agency or local edu-
cational agency that conducts a program under subpart 1 or 2
shall evaluate the program, disaggregating data on participation
by sex, and if feasible, by race, ethnicity, and age, not less than
once every three years to determine the program’s impact on the
ability of participants to—
‘‘(1) maintain and improve educational achievement;