228
cational agency may use not more than 2 percent for
the planning costs and administrative costs of car-
rying out the activities described in the State plan
and providing grants to local educational agencies.
‘‘SEC. 3105. STATE AND SPECIALLY QUALIFIED AGENCY
PLAN.
‘‘(a) PLAN
REQUIRED.—Each State educational
agency and specially qualified agency desiring a grant
under this subtitle shall submit a plan to the Secretary
at such time, in such manner and accompanied by such
information as the Secretary may require.
‘‘(b) CONTENTS.—Each State plan submitted under
subsection (a) shall—
‘‘(1) describe how the State or specially quali-
fied agency will—
‘‘(A) establish standards and benchmarks
for English language development that are
aligned with the State content and student per-
formance standards described in section 1111;
‘‘(B) develop high-quality, annual assess-
ments to measure English language proficiency,
including proficiency in the 4 recognized do-
mains of speaking, listening, reading, and writ-
ing; and
229
‘‘(C) develop annual performance objec-
tives, based on the English language develop-
ment standards described in subparagraph (A),
to raise the level of English proficiency of each
limited English proficient student;
‘‘(2) contain an assurance that the State edu-
cational agency or specially qualified agency con-
sulted with local educational agencies, education-re-
lated community groups and nonprofit organizations,
parents, 
teachers, 
school 
administrators, 
and
English language instruction specialists, in the set-
ting of the performance objectives;
‘‘(3) describe how—
‘‘(A) in the case of a State educational
agency, the State educational agency will hold
local educational agencies and elementary
schools and secondary schools accountable for—
‘‘(i) meeting the English proficiency
performance objectives described in section
3109; and
‘‘(ii) making adequate yearly progress
with limited English proficient students in
the subject areas of core content knowl-
edge as described in section 1111; and
230
‘‘(B) in the case of a specially qualified
agency, the agency will hold elementary schools
and secondary schools accountable for meeting
the English proficiency performance objectives
described in section 3109, and making adequate
yearly progress, including annual numerical
goals for improving the performance of limited
English proficient students on performance
standards 
described 
in 
section
1111(b)(1)(D)(ii);
‘‘(4) describe the activities for which assistance
is sought, and how the activities will increase the
speed and effectiveness with which students learn
English;
‘‘(5) in the case of a State educational agency,
describe how local educational agencies in the State
will be given the flexibility to teach English—
‘‘(A) using language instruction curriculum
that is scientifically research based; and
‘‘(B) in the manner the local educational
agencies determine to be the most effective; and
‘‘(6) describe how—
‘‘(A) in the case of a State educational
agency, the State educational agency will pro-
vide technical assistance to local educational
231
agencies and elementary schools and secondary
schools for the purposes of identifying and im-
plementing English language instruction edu-
cational programs and curricula that are sci-
entifically research based; and
‘‘(B) in the case of a specially qualified
agency, the specially qualified agency will pro-
vide technical assistance to elementary schools
and secondary schools served by the specially
qualified agency for the purposes of identifying
and implementing English language instruction
educational programs and curricula that are
scientifically research based.
‘‘(c) APPROVAL.—The Secretary, using a peer review
process, shall approve a State plan or a specially qualified
agency plan if the plan meets the requirements of this sec-
tion, and holds reasonable promise of achieving the pur-
pose described in section 3101(c).
‘‘(d) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan or spe-
cially qualified agency plan shall—
‘‘(A) remain in effect for the duration of
the State’s or specially qualified agency’s par-
ticipation under this subtitle; and;
232
‘‘(B) be periodically reviewed and revised
by the State or specially qualified agency, as
necessary, to reflect changes in the State’s or
specially qualified agency’s strategies and pro-
grams under this subtitle.
‘‘(2) ADDITIONAL INFORMATION.—If the State
educational agency or specially qualified agency
makes significant changes in its plan, such as the
adoption of new performance objectives or assess-
ment measures, the State educational agency or spe-
cially qualified agency shall submit such information
to the Secretary.
‘‘(e) CONSOLIDATED PLAN.—A State plan submitted
under subsection (a) may be submitted as part of a con-
solidated plan under section 8302.
‘‘(f) SECRETARY ASSISTANCE.—Pursuant to section
7004(a)(3), the Secretary shall provide assistance, if re-
quired, in the development of English language develop-
ment standards and English language proficiency assess-
ments.
‘‘SEC. 3106. LOCAL PLANS.
‘‘(a) PLAN REQUIRED.—Each local educational agen-
cy desiring a grant from the State educational agency
under section 3104(a) shall submit a plan to the State
educational agency at such time, in such manner, and ac-
233
companied by such information as the State educational
agency may require.
‘‘(b) CONTENTS.—Each local educational agency plan
submitted under subsection (a) shall—
‘‘(1) describe how the local educational agency
shall use the grant funds to meet the English pro-
ficiency performance objective described in section
3109;
‘‘(2) describe how the local educational agency
will hold elementary schools and secondary schools
accountable for meeting the performance objectives;
‘‘(3) contain an assurance that the local edu-
cational agency consulted with elementary schools
and secondary schools, education-related community
groups and nonprofit organizations, institutions of
higher education, parents, language instruction
teachers, school administrators, and English lan-
guage instruction specialists, in developing the local
educational agency plan; and
‘‘(4) contain an assurance that the local edu-
cational agency will use the disaggregated results of
the student assessments required under section
1111(b)(4), and other measures or indicators avail-
able to the agency, to review annually the progress
of each school served by the agency under this part
234
and under title I to determine whether the schools
are making the annual progress necessary to ensure
that limited English proficient students attending
the schools will meet the proficient State content
and student performance standard within 10 years
of enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act.
‘‘SEC. 3107. USES OF FUNDS.
‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu-
cational agency receiving a grant under section 3104 may
use not more than 1 percent of the grant funds for any
fiscal year for the cost of administering this subtitle.
‘‘(b) ACTIVITIES.—Each local educational agency re-
ceiving grant funds under section 3104 shall use the grant
funds that are not used under subsection (a)—
‘‘(1) to increase limited English proficient stu-
dents’ proficiency in English by providing high-qual-
ity English language instruction programs, such as
bilingual education programs and transitional edu-
cation or English immersion education programs,
that are—
‘‘(A) tied to scientifically based research
demonstrating the effectiveness of the programs
in increasing English proficiency; and
235
‘‘(B) approved by the State educational
agency;
‘‘(2) to provide high-quality professional devel-
opment activities for teachers of limited English pro-
ficient students that are—
‘‘(A) designed to enhance the ability of
such teachers to understand and use curricula,
assessment measures, and instructional strate-
gies for limited English proficient students;
‘‘(B) tied to scientifically based research
demonstrating the effectiveness of such pro-
grams in increasing students’ English pro-
ficiency or substantially increasing the knowl-
edge and teaching skills of such teachers; and
‘‘(C) of sufficient intensity and duration
(such as not to include 1-day or short-term
workshops and conferences) to have a positive
and lasting impact on the teacher’s perform-
ance in the classroom, except that this para-
graph shall not apply to an activity that is 1
component of a long-term, comprehensive pro-
fessional development plan established by a
teacher and the teacher’s supervisor based upon
an assessment of the teacher’s and supervisor’s
236
needs, the student’s needs, and the needs of the
local educational agency;
‘‘(3) to identify, acquire, and upgrade curricula,
instructional materials, educational software, and as-
sessment procedures; and
‘‘(4) to provide parent and community partici-
pation programs to improve English language in-
struction programs for limited English proficient
students.
‘‘SEC. 3108. PROGRAM REQUIREMENTS.
‘‘(a) PROHIBITION.—In carrying out this subtitle the
Secretary shall neither mandate nor preclude a particular
curricular or pedagogical approach to educating limited
English proficient students.
‘‘(b) TEACHER ENGLISH FLUENCY.—Each local edu-
cational agency receiving grant funds under section 3104
shall certify to the State educational agency that all teach-
ers in any language instruction program for limited
English proficient students funded under this subtitle are
fluent in English.
‘‘SEC. 3109. PERFORMANCE OBJECTIVES.
‘‘(a) IN GENERAL.—Each State educational agency
or specifically qualified agency receiving a grant under this
subtitle shall develop annual numerical performance objec-
tives with respect to helping limited English proficient stu-
237
dents become proficient in English. The objectives shall
include incremental percentage increases for each fiscal
year a State receives a grant under this subtitle, including
increases in the number of limited English proficient stu-
dents demonstrating an increase in performance on annual
assessments in reading, writing, speaking, and listening
comprehension, from the preceding fiscal year.
‘‘(b) ACCOUNTABILITY.—Each State educational
agency or specially qualified agency receiving a grant
under this subtitle shall be held accountable for meeting
the annual numerical performance objectives under this
subtitle and the adequate yearly progress levels for limited
English proficient students under section 1111(b)(2)(B)
(iv) and (vii). Any State educational agency or specially
qualified agency that fails to meet the annual performance
objectives shall be subject to sanctions under section 7001.
‘‘SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subtitle $1,000,000,000 for fiscal year 2001, and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
‘‘SEC. 3111. REGULATIONS AND NOTIFICATION.
‘‘(a) REGULATION RULE.—In developing regulations
under this subtitle, the Secretary shall consult with State
educational agencies, local educational agencies, organiza-
238
tions representing limited English proficient individuals,
and organizations representing teachers and other per-
sonnel involved in the education of limited English pro-
ficient students.
‘‘(b) PARENTAL NOTIFICATION.—
‘‘(1) IN
GENERAL.—Each local educational
agency shall notify parents of a student partici-
pating in a language instruction educational pro-
gram under this subtitle of—
‘‘(A) the student’s level of English pro-
ficiency, how such level was assessed, the status
of the student’s academic achievement, and the
implications 
of 
the 
student’s 
educational
strengths and needs for age- and grade-appro-
priate academic attainment, promotion, and
graduation;
‘‘(B) what programs are available to meet
the student’s educational strengths and needs,
and how such programs differ in content and
instructional goals from other language instruc-
tion educational programs and, in the case of a
student with a disability, how such program
meets the objectives of the individualized edu-
cation program of such a student; and
239
‘‘(C) the instructional goals of the lan-
guage instruction educational program, and
how the program will specifically help the lim-
ited English proficient student learn English
and meet age-appropriate standards for grade
promotion and graduation, including—
‘‘(i) the characteristics, benefits, and
past academic results of the language in-
struction educational program and of in-
structional alternatives; and
‘‘(ii) the reasons the student was iden-
tified as being in need of a language in-
struction educational program.
‘‘(2) OPTION TO DECLINE.—
‘‘(A) IN GENERAL.—Each parent described
in paragraph (1) shall also be informed that the
parent has the option of declining the enroll-
ment of their children or youth in a language
instruction educational program, and shall be
given an opportunity to decline such enrollment
if the parent so chooses.
‘‘(B) OBLIGATIONS.—A local educational
agency shall not be relieved of any of the agen-
cy’s obligations under title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.)
240
if a parent chooses not to enroll their child in
a language instruction educational program.
‘‘(3) RECEIPT OF INFORMATION.—A parent de-
scribed in paragraph (1) shall receive, in a manner
and form understandable to the parent including, if
necessary and to the extent feasible, in the native
language of the parent, the information required by
this subsection. At a minimum, the parent shall
receive—
‘‘(A) timely information about projects
funded under this subtitle; and
‘‘(B) if the parent of a participating child
so desires, notice of opportunities for regular
meetings for the purpose of formulating and re-
sponding to recommendations from parents of
children assisted under this subtitle.
‘‘(4) SPECIAL RULE.—A student shall not be
admitted to, or excluded from, any Federally as-
sisted language instruction educational program
solely on the basis of a surname or language-minor-
ity status.
‘‘(5) LIMITATIONS
ON
CONDITIONS.—Nothing
in this subtitle shall be construed to authorize an of-
ficer or employee of the Federal Government to
mandate, direct, or control a State’s, local edu-
241
cational agency’s, elementary school’s, or secondary
school’s specific challenging English language devel-
opment standards or assessments, curricula, or pro-
gram of instruction, as a condition of eligibility to
receive grant funds under this subtitle.’’.
SEC. 302. EMERGENCY IMMIGRANT EDUCATION PROGRAM.
(a) REPEALS, TRANSFERS, AND REDESIGNATIONS.—
Title III (20 U.S.C. 6801 et seq.) is further amended—
(1) by repealing part B (20 U.S.C. 6891 et
seq.), part C (20 U.S.C. 6921 et seq.), part D (20
U.S.C. 6951 et seq.), and part E (20 U.S.C. 6971
et seq.);
(2) by transferring part C of title VII (20
U.S.C. 7541 et seq.) to title III and inserting such
part after subtitle A (as inserted by section 301(3));
(3) by redesignating the heading for part C of
title VII (as transferred by paragraph (2)) as the
heading for subtitle B, and redesignating accord-
ingly the references to such part as the references to
such subtitle; and
(4) by redesignating section 7301 through 7309
(20 U.S.C. 7541, 7549) (as transferred by para-
graph (2)) as sections 3201 through 3209, respec-
tively, and redesignating accordingly the references
to such sections.
242
(b) AMENDMENTS.—Subtitle B of title III (as so
transferred and redesignated) is amended—
(1) in section 3205(a)(2) (as redesignated by
subsection (a)(4)), by striking ‘‘the Goals 2000:
Educate America Act,’’; and
(2) in section 3209 (as redesignated by sub-
section (a)(4)), by striking ‘‘$100,000,000’’ and all
that follows through ‘‘necessary for’’ and inserting
‘‘such sums as may be necessary for fiscal year 2001
and’’.
SEC. 303. INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE
EDUCATION.
(a) REPEALS, TRANSFERS, AND REDESIGNATIONS.—
Title III (20 U.S.C. 6801 et seq.) is further amended—
(1) by transferring title IX (20 U.S.C. 7801 et
seq.) to title III and inserting such title after sub-
title B (as inserted by section 302(a)(2));
(2) by redesignating the heading for title IX (as
transferred by paragraph (1)) as the heading for
subtitle C, and redesignating accordingly the ref-
erences to such title as the references to such sub-
title;
(3) by redesignating sections 9101 and 9102
(20 U.S.C. 7801, 7802) (as transferred by para-
graph (1)) as sections 3301 and 3302, respectively,
243
and redesignating accordingly the references to such
sections;
(4) by redesignating sections 9111 through
9118 (20 U.S.C. 7811, 7818) (as transferred by
paragraph (1)) as sections 3311 through 3318, re-
spectively, and redesignating accordingly the ref-
erences to such sections;
(5) by redesignating sections 9121 through
9125 (20 U.S.C. 7831, 7835) (as transferred by
paragraph (1)) as sections 3321 through 3325, and
redesignating accordingly the references to such sec-
tion;
(6) by redesignating sections 9131 and 9141
(20 U.S.C. 7851, 7861) (as transferred by para-
graph (1)) as sections 3331 and 3341, respectively,
and redesignating accordingly the references to such
sections;
(7) by redesignating sections 9151 through
9154 (20 U.S.C. 7871, 7874) (as transferred by
paragraph (1)) as sections 3351 through 3354, re-
spectively, and redesignating accordingly the ref-
erences to such sections;
(8) by redesignating sections 9161 and 9162
(20 U.S.C. 7881, 7882) (as transferred by para-
graph (1)) as sections 3361 and 3362, respectively,
244
and redesignating accordingly the references to such
sections;
(9) by redesignating sections 9201 through
9212 (20 U.S.C. 7901, 7912) (as transferred by
paragraph (1)) as sections 3401 through 3412, re-
spectively, and redesignating accordingly the ref-
erences to such sections; and
(10) by redesignating sections 9301 through
9308 (20 U.S.C. 7931, 7938) (as transferred by
paragraph (1)) as sections 3501 through 3508, and
redesignating accordingly the references to such sec-
tions.
(b) AMENDMENTS.—Subtitle C of title III (as so
transferred and redesignated) is amended—
(1) by amending section 3314(b)(2)(A) (as re-
designated by subsection (a)(4)) to read as follows:
‘‘(2)(A) is consistent with, and promotes the
goals in, the State and local improvement plans
under sections 1111 and 1112’’;
(2) by amending section 3325(e) (as redesig-
nated by subsection (a)(5)) to read as follows:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this subpart for fiscal year 2001
and each of the 4 succeeding years.’’;
245
(3) in section 3361(4)(E) (as redesignated by
subsection (a)(8)), by striking ‘‘the Act entitled the
‘Improving America’s Schools Act of 1994’ ’’ and in-
serting ‘‘the Public Education Reinvestment, Re-
invention, and Responsibility Act’’;
(4) by amending section 3362 (as redesignated
by subsection (a)(8)) to read as follows:
‘‘SEC. 3262. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out subparts 1 through
5 of this part, there are authorized to be appropriated to
the Department of Education such sums as may be nec-
essary for fiscal year 2001 and each of the 4 succeeding
years.’’;
(5) in section 3404 (as redesignated by sub-
section (a)(9))—
(A) in subsection (i), by striking ‘‘Improv-
ing America’s Schools Act of 1994’’ and insert-
ing ‘‘Public Education Reinvestment, Reinven-
tion, and Responsibility Act’’; and
(B) 
in 
subsection 
(j), 
by 
striking
‘‘$500,000 for fiscal year 1995, and such sums
as may be necessary’’ and inserting ‘‘such sums
as may be necessary for fiscal year 2001, and’’;
(6) in section 3405(c) (as redesignated by sub-
section (a)(9)), by striking ‘‘$6,000,000 for fiscal
246
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(7) in section 3406(e) (as redesignated by sub-
section (a)(9)), by striking ‘‘$2,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(8) in section 3407(e) (as redesignated by sub-
section (a)(9)), by striking ‘‘$1,500,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(9) in section 3408(c) (as redesignated by sub-
section (a)(9)), by striking ‘‘$2,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(10) in section 3409(d) (as redesignated by
subsection (a)(9)), by striking ‘‘$2,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(11) in section 3410(d) (as redesignated by
subsection (a)(9)), by striking ‘‘$1,000,000 for fiscal
247
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(12) in section 3504(c) (as redesignated by sub-
section (a)(10)), by striking ‘‘$5,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’;
(13) in section 3505(e) (as redesignated by sub-
section (a)(10)), by striking ‘‘$2,000,000 for fiscal
year 1995, and such sums as may be necessary’’ and
inserting ‘‘such sums as may be necessary for fiscal
year 2001, and’’; and
(14) in section 3506(d) (as redesignated by
subsection (a)(10)), by striking ‘‘$1,000,000 for fis-
cal year 1995, and such sums as may be necessary’’
and inserting ‘‘such sums as may be necessary for
fiscal year 2001, and’’.
TITLE IV—PUBLIC SCHOOL
CHOICE
SEC. 401. PUBLIC SCHOOL CHOICE.
(a) 
MAGNET
SCHOOLS
AMENDMENTS.—Section
5113(a) (20 U.S.C. 7213(a)) is amended—
(1) by striking ‘‘$120,000,000’’ and inserting
‘‘$130,000,000’’; and
248
(2) by striking ‘‘1995’’ and inserting ‘‘2001’’.
(b) CHARTER SCHOOLS AMENDMENTS.—
(1) 
PARALLEL
ACCOUNTABILITY.—Section
10302 (20 U.S.C. 8062) is amended by adding at
the end the following:
‘‘(g) PARALLEL ACCOUNTABILITY.—Each State edu-
cational agency receiving a grant under this part shall
hold charter schools assisted under this part accountable
for adequate yearly progress for improving student per-
formance under title I and as established in the school’s
charter, including the use of the same standards and as-
sessments as established under title I.’’.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
Section 10311 (20 U.S.C. 8067) is amended.—
(A) by striking ‘‘$100,000,000’’ and in-
serting ‘‘$200,000,000’’; and
(B) by striking ‘‘1999’’ and inserting
‘‘2001’’.
(c) REPEALS, TRANSFERS AND REDESIGNATIONS.—
The Act (20 U.S.C. 6301 et seq.) is amended—
(1) by amending the heading for title IV (20
U.S.C. 7101 et seq.) to read as follows:
249
‘‘TITLE IV—PUBLIC SCHOOL
CHOICE’’;
(2) by amending section 4001 to read as fol-
lows:
‘‘SEC. 4001. FINDINGS, POLICY, AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1)(A) Charter schools and magnet schools are
an integral part of the educational system in the
United States.
‘‘(B) Thirty-four States and the District of Co-
lumbia have established charter schools.
‘‘(C) Magnet schools have been established
throughout the United States.
‘‘(D) A Department of Education evaluation of
charter schools shows that 59 percent of charter
schools reported that lack of start-up funds posed a
difficult or very difficult challenge for the school.
‘‘(2) State educational agencies and local edu-
cational agencies should hold all schools accountable
for the improved performance of all students, includ-
ing students attending charter schools and magnet
schools, under State standards and student assess-
ment measures.
250
‘‘(3) School report cards constitute the key in-
formational component used by parents for effective
public school choice.
‘‘(b) POLICY.—Congress declares it to be the policy
of the United States—
‘‘(1) to support and stimulate improved public
school performance through increased public elemen-
tary school and secondary school competition and in-
creased Federal financial assistance; and
‘‘(2) to provide parents with more choices
among public school options.
‘‘(c) PURPOSES.—The purposes of this title are as
follows:
‘‘(1) To consolidate public school choice pro-
grams into 1 title.
‘‘(2) To increase Federal assistance for magnet
schools and charter schools.
‘‘(3) To help parents make better and more in-
formed choices by—
‘‘(A) providing continued support and fi-
nancial assistance for magnet schools;
‘‘(B) providing continued support and ex-
pansion of charter schools and charter school
districts; and
251
‘‘(C) providing financial assistance to
States and local educational agencies for the de-
velopment of local educational agency and
school report cards.’’;
(3) by repealing sections 4002 through 4004
(20 U.S.C. 7102, 7104), and part A (20 U.S.C.
7111 et seq.), of title IV;
(4) by transferring part A of title V (20 U.S.C.
7201 et seq.) (as amended by subsection (a)) to title
IV and inserting such part A after section 4001;
(5) by redesignating sections 5101 through
5113 (20 U.S.C. 7201, 7213) (as transferred by
paragraph (4)) as sections 4101 through 4113, re-
spectively, and by redesignating accordingly the ref-
erences to such sections in part A of title IV (as so
transferred);
(6) by transferring part C of title X (20 U.S.C.
8061 et seq.) (as amended by subsection (b)) to title
IV and inserting such part C after part A of title
IV (as transferred by paragraph (4));
(7) by redesignating part C of title IV (as
transferred by paragraph (6)) as part B of title IV;
and
(8) by redesignating sections 10301 through
10311 (20 U.S.C. 8061, 8067) (as transferred by
252
paragraph (6)) as sections 4201 through 4211, re-
spectively, and by redesignating accordingly the ref-
erences to such sections in such part B of title IV
(as so transferred and redesignated).
SEC. 402. DEVELOPMENT OF PUBLIC SCHOOL CHOICE PRO-
GRAMS; REPORT CARDS.
Title IV (20 U.S.C. 7101 et seq.) is further amended
by adding at the end the following:
‘‘PART C—DEVELOPMENT OF PUBLIC SCHOOL
CHOICE PROGRAMS
‘‘SEC. 4301. GRANTS AUTHORIZED.
‘‘(a) IN GENERAL.—From amounts made available to
carry out this part for a fiscal year under section 4305,
and not reserved under subsection (b), the Secretary is
authorized to award grants, on a competitive basis, to local
educational agencies to enable the local educational agen-
cies to develop local public school choice programs.
‘‘(b) RESERVATION FOR EVALUATION, TECHNICAL
ASSISTANCE, AND DISSEMINATION.—From the amount
appropriated under section 4305 for any fiscal year, the
Secretary may reserve not more than 5 percent to carry
out evaluations under subsection (c), to provide technical
assistance, and to disseminate information.
‘‘(c) EVALUATIONS.—The Secretary may use funds
reserved under subsection (b) to carry out 1 or more eval-
253
uations of programs assisted under this part, which shall,
at a minimum, address—
‘‘(1) how, and the extent to which, the pro-
grams supported with funds under this part promote
educational equity and excellence; and
‘‘(2) the extent to which public schools of choice
supported with funds under this part are—
‘‘(A) held accountable to the public;
‘‘(B) effective in improving public edu-
cation; and
‘‘(C) open and accessible to all students.
‘‘(d) DURATION.—Grants under this part may be
awarded for a period not to exceed 3 years.
‘‘SEC. 4302. DEFINITION OF HIGH-POVERTY LOCAL EDU-
CATIONAL AGENCY.
‘‘In this part, the term ‘high-poverty local educational
agency’ means a local educational agency in which the per-
centage of children, ages 5 to 17, from families with in-
comes below the poverty line (as defined by the Office of
Management and Budget and revised annually in accord-
ance with section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2))) applicable to a family of
the size involved for the most recent fiscal year for which
satisfactory data are available is 20 percent or greater.
254
‘‘SEC. 4303. USES OF FUNDS.
‘‘(a) IN GENERAL.—
‘‘(1) PUBLIC
SCHOOL
CHOICE.—Funds under
this part may be used to demonstrate, develop, im-
plement, evaluate, and disseminate information on
innovative approaches to promote public school
choice, including the design and development of new
public school choice options, the development of new
strategies for overcoming barriers to effective public
school choice, and the design and development of
public school choice systems that promote high
standards for all students and the continuous im-
provement of all public schools.
‘‘(2) 
INNOVATIVE
APPROACHES.—Such 
ap-
proaches at the school, local educational agency, and
State levels may include—
‘‘(A) inter-district approaches to public
school choice, including approaches that in-
crease equal access to high-quality educational
programs and diversity in schools;
‘‘(B) public elementary and secondary pro-
grams that involve partnerships with institu-
tions of higher education and that are located
on the campuses of those institutions;
‘‘(C) programs that allow students in pub-
lic secondary schools to enroll in postsecondary
255
courses and to receive both secondary and post-
secondary academic credit;
‘‘(D) worksite satellite schools, in which
State or local educational agencies form part-
nerships with public or private employers, to
create public schools at parents’ places of em-
ployment; and
‘‘(E) approaches to school desegregation
that provide students and parents choice
through strategies other than magnet schools.
‘‘(b) LIMITATIONS.—Funds under this part—
‘‘(1) shall supplement, and not supplant, non-
Federal funds expended for existing public school
choice programs; and
‘‘(2) may be used for providing transportation
services or costs, except that not more than 10 per-
cent of the funds received under this part shall be
used by the local educational agency to provide such
services or costs.
‘‘SEC. 4304. GRANT APPLICATION; PRIORITIES.
‘‘(a) APPLICATION REQUIRED.—A State or local edu-
cational agency desiring to receive a grant under this part
shall submit an application to the Secretary.
‘‘(b) APPLICATION
CONTENTS.—Each application
shall include—
256
‘‘(1) a description of the program for which
funds are sought and the goals for such program;
‘‘(2) a description of how the program funded
under this part will be coordinated with, and will
complement and enhance, programs under other re-
lated Federal and non-Federal projects;
‘‘(3) if the program includes partners, the name
of each partner and a description of the partner’s
responsibilities;
‘‘(4) a description of the policies and procedures
the applicant will use to ensure—
‘‘(A) its accountability for results, includ-
ing its goals and performance indicators; and
‘‘(B) that the program is open and acces-
sible to, and will promote high academic stand-
ards for, all students; and
‘‘(5) such other information as the Secretary
may require.
‘‘(c) PRIORITIES.—
‘‘(1) HIGH-POVERTY AGENCIES.—The Secretary
shall give a priority to applications for projects that
would serve high-poverty local educational agencies.
‘‘(2) PARTNERSHIPS.—The Secretary may give
a priority to applications demonstrating that the ap-
plicant will carry out the applicant’s project in part-
257
nership with 1 or more public and private agencies,
organizations, and institutions, including institutions
of higher education and public and private employ-
ers.
‘‘SEC. 4305. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $100,000,000 for fiscal year 2001 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
‘‘PART D—REPORT CARDS
‘‘SEC. 4401. REPORT CARDS.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall
award a grant, from allotments under subsection (b), to
each State having a State report card meeting the require-
ments described in subsection (g), to enable the State an-
nually to publish report cards for each elementary school
and secondary school that receives funding under this Act
and is served by the State.
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under subsection (e) to carry out this part
for each fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent of such amount for
payments to the Secretary of the Interior for
activities approved by the Secretary, consistent
258
with this part, in schools operated or supported
by the Bureau of Indian Affairs, on the basis
of their respective needs for assistance under
this part; and
‘‘(B) 1⁄2 of 1 percent of such amount for
payments to outlying areas, to be allotted in ac-
cordance with their respective needs for assist-
ance under this part, as determined by the Sec-
retary, for activities, approved by the Secretary,
consistent with this part.
‘‘(2) STATE ALLOTMENTS.—From the amount
appropriated under subsection (e) for a fiscal year
and remaining after the Secretary makes reserva-
tions under paragraph (1), the Secretary shall allot
to each State having a State report card meeting the
requirements described in subsection (g) an amount
that bears the same relationship to the remainder as
the number of public school students enrolled in ele-
mentary schools and secondary schools in the State
bears to the number of such students so enrolled in
all States.
‘‘(c) WITHIN-STATE
ALLOCATIONS.—Each State
educational agency receiving a grant under subsection (a)
shall allocate the grant funds that remain after making
the reservation described in subsection (d) to each local
259
educational agency in the State in an amount that bears
the same relationship to the remainder as the number of
public school students enrolled in elementary schools and
secondary schools served by the local educational agency
bears to the number of such students so enrolled in all
local educational agencies within the State.
‘‘(d) STATE RESERVATION OF FUNDS.—Each State
educational agency receiving a grant under subsection (a)
may reserve—
‘‘(1) not more than 10 percent of the grant
funds to carry out activities described under sub-
sections (f) and (g), and (i)(1) for fiscal year 2001;
and
‘‘(2) not more than 5 percent of the grant
funds to carry out activities described under sub-
sections (f) and (g), and (i)(1) for fiscal year 2002
and each of the 3 succeeding fiscal years.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this part
$5,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(f) ANNUAL STATE REPORT.—
‘‘(1) REPORTS REQUIRED.—
‘‘(A) IN GENERAL.—Except as provided in
paragraph (3), not later than the beginning of
260
the 2001–2002 school year, a State that re-
ceives assistance under this Act shall prepare
and disseminate an annual report on all elemen-
tary schools and secondary schools within the
State that receive funds under part A of title
I or part A of title II.
‘‘(B) STATE
REPORT
CARDS
ON
EDU-
CATION.—In the case of a State that publishes
State report cards on education, the State shall
include in such report cards the information de-
scribed in subsection (g).
‘‘(C) REPORT
CARDS
ON
ALL
PUBLIC
SCHOOLS.—In the case of a State that pub-
lishes a report card on all public elementary
schools and secondary schools in the State, the
State shall include, at a minimum, the informa-
tion described in subsection (g) for all schools
that receive funds under part A of title I or
part A of title II.
‘‘(2) IMPLEMENTATION; REQUIREMENTS.—
‘‘(A) IMPLEMENTATION.—The State shall
ensure implementation at all levels of the report
cards described in paragraph (1).
‘‘(B) 
REQUIREMENTS.—Annual 
report
cards under this part shall be—
261
‘‘(i) concise; and
‘‘(ii) presented in a format and man-
ner that parents can understand including,
to the extent practicable, in a language the
parents can understand.
‘‘(3) PUBLICATION THROUGH OTHER MEANS.—
In the event that the State provides no such report
card, the State shall, not later than the beginning of
the 2001–2002 school year, publicly report the infor-
mation described in subsection (g) for all schools
that receive funds under part A of title I or part A
of title II through other public means.
‘‘(g) CONTENT OF ANNUAL STATE REPORTS.—
‘‘(1) REQUIRED INFORMATION.—Each State de-
scribed in subsection (f)(1)(A), at a minimum, shall
include in the annual State report information on
each local educational agency and school that re-
ceives funds under part A of title I or part A of title
II 
within 
the 
State, 
including 
information
regarding—
‘‘(A) student performance on statewide as-
sessments for the year for which the annual
State report is made, and the preceding year, in
at least English language arts and mathe-
matics, including—
262
‘‘(i) a comparison of the proportions
of students who performed at the basic,
proficient, and advanced levels in each sub-
ject area, for each grade level at which as-
sessments are required under title I, with
proportions in each of the same 3 levels at
the same grade levels in the previous
school year;
‘‘(ii) a statement on the 3-year trend
in the percentage of students performing
at the basic, proficient, and advanced levels
in each subject area, for each grade level
for which assessments are required under
title I; and
‘‘(iii) a statement of the percentage of
students not tested and a listing of cat-
egories of the reasons why such students
were not tested;
‘‘(B) student retention rates in grades, the
number of students completing advanced place-
ment courses, and 4-year graduation rates;
‘‘(C) the professional qualifications of
teachers in the aggregate, including the per-
centage of teachers teaching with emergency or
provisional credentials, the percentage of class
263
sections not taught by fully qualified teachers,
and the percentage of teachers who are fully
qualified; and
‘‘(D) the professional qualifications of
paraprofessionals in the aggregate, the number
of paraprofessionals in the aggregate, and the
ratio of paraprofessionals to teachers in the
classroom.
‘‘(2) STUDENT DATA.—Student data in each re-
port shall contain disaggregated results for the fol-
lowing categories:
‘‘(A) Racial and ethnic groups.
‘‘(B) Gender.
‘‘(C) Economically disadvantaged students,
as compared to students who are not economi-
cally disadvantaged.
‘‘(D) Students with limited English pro-
ficiency, as compared to students who are pro-
ficient in English.
‘‘(3) OPTIONAL INFORMATION.—A State may
include in the State annual report any other infor-
mation the State determines appropriate to reflect
school quality and school achievement, including by
grade level information on average class size and in-
formation on school safety, such as the incidence of
264
school violence and drug and alcohol abuse, and the
incidence of student suspensions and expulsions.
‘‘(4) WAIVER.—The Secretary may grant a
waiver to a State seeking a waiver of the require-
ments of this subsection if the State demonstrates to
the Secretary that—
‘‘(A) the content of existing State report
cards meets the goals of this part; and
‘‘(B) the State is taking identifiable steps
to meet the requirements of this subsection.
‘‘(h) LOCAL EDUCATIONAL AGENCY AND SCHOOL
REPORT CARDS.—
‘‘(1) REPORT REQUIRED.—
‘‘(A) IN GENERAL.—The State shall ensure
that each local educational agency, elementary
school, or secondary school receiving funds
under part A of title I or part A of title II in
the State, collects appropriate data and pub-
lishes an annual report card consistent with
this subsection.
‘‘(B) 
REQUIRED
INFORMATION.—Each
local educational agency, elementary school, and
secondary school described in subparagraph
(A), at a minimum, shall include in its annual
report card—
265
‘‘(i) the information described in sub-
sections (g)(1) and (2) for each local edu-
cational agency and school;
‘‘(ii) in the case of a local educational
agency—
‘‘(I) information regarding the
number and percentage of schools
identified for school improvement, in-
cluding schools identified under sec-
tion 1116 of this Act, served by the
local educational agency;
‘‘(II) information on the 3-year
trend in the number and percentage
of elementary schools and secondary
schools identified for school improve-
ment; and
‘‘(III) information that shows
how students in the schools served by
the local educational agency perform
on the statewide assessment compared
to students in the State as a whole;
‘‘(iii) in the case of an elementary
school or a secondary school—
266
‘‘(I) 
information 
regarding
whether the school has been identified
for school improvement; and
‘‘(II) information that shows how
the school’s students performed on the
statewide assessment compared to
students in schools served by the same
local educational agency and to all
students in the State; and
‘‘(iv) other appropriate information,
whether or not the information is included
in the annual State report.
‘‘(2) SPECIAL RULE.—A local educational agen-
cy that issues report cards for all public elementary
schools and secondary schools served by the agency
shall include, at a minimum, the information de-
scribed in subsection (g) for all schools that receive
funds under part A of title I or part A of title II.
‘‘(i) DISSEMINATION
AND ACCESSIBILITY
OF RE-
PORTS AND REPORT CARDS.—
‘‘(1) STATE
REPORTS.—State annual reports
under subsection (g) shall be disseminated to all ele-
mentary schools, secondary schools, and local edu-
cational agencies in the State, and made broadly
available to the public through means such as post-
267
ing on the Internet and distribution to the media,
and through public agencies.
‘‘(2) LOCAL REPORT CARDS.—Local educational
agency report cards under subsection (h) shall be
disseminated to all elementary schools and secondary
schools served by the local educational agency and to
all parents of students attending such schools, and
made broadly available to the public through means
such as posting on the Internet and distribution to
the media, and through public agencies.
‘‘(3) SCHOOL
REPORT
CARDS.—Elementary
school and secondary school report cards under sub-
section (h) shall be disseminated to all parents of
students attending that school, and made broadly
available to the public, through means such as post-
ing on the Internet and distribution to the media,
and through public agencies.
‘‘(j) PARENTS RIGHT-TO-KNOW.—
‘‘(1) QUALIFICATIONS.—A local educational
agency that receives funds part A of title I or part
A of title II shall provide, upon request, in an under-
standable and uniform format, to any parent of a
student attending any school receiving funds under
part A of title I or part A of title II, information
regarding the professional qualifications of the stu-
268
dent’s 
classroom 
teachers, 
including, 
at 
a
minimum—
‘‘(A) whether the teacher has met State
certification or licensing criteria for the grade
levels and subject areas in which the teacher
provides instruction;
‘‘(B) whether the teacher is teaching under
emergency or other provisional status through
which State certification or licensing criteria
are waived;
‘‘(C) the baccalaureate degree major of the
teacher, any other graduate certification or de-
gree held by the teacher, and the field of dis-
cipline of each such certification or degree; and
‘‘(D) whether the student is provided serv-
ices by paraprofessionals, and the qualifications
of any such paraprofessional.
‘‘(2) ADDITIONAL INFORMATION.—In addition
to the information that parents may request under
paragraph (1), and the information provided in re-
port cards under this part, a school that receives
funds under part A of title I or part A of title II
shall provide, to the extent practicable, to each indi-
vidual parent or guardian—
269
‘‘(A) information on the level of perform-
ance of the individual student, for whom they
are the parent or guardian, in each of the State
assessments as required under part A of title I;
and
‘‘(B) timely notice that the student, for
whom they are the parent or guardian, was as-
signed or taught for 2 or more consecutive
weeks by a substitute teacher or by a teacher
not fully qualified.
‘‘(k) COORDINATION OF STATE PLAN CONTENT.—A
State shall include in its plan under part A of title I or
part A of title II, an assurance that the State has in effect
a policy that meets the requirements of this section.
‘‘(l) PRIVACY.—Information collected under this sec-
tion shall be collected and disseminated in a manner that
protects the privacy of individuals.
‘‘(m) DEFINITION.—The term ‘State’ means each of
the several States of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico.’’.
TITLE V—IMPACT AID
SEC. 501. IMPACT AID.
Section 8001 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7701) is amended—
(1) in the matter preceding paragraph (1)—
270
(A) by inserting after ‘‘educational services
to federally connected children’’ the following:
‘‘in a manner that promotes control by local
educational agencies with little or no Federal or
State involvement’’; and
(B) by inserting after ‘‘certain activities of
the Federal Government’’ the following: ‘‘, such
as activities to fulfill the responsibilities of the
Federal Government with respect to Indian
tribes and activities under section 514 of the
Soldiers’ and Sailors’ Civil Relief Act of 1940
(50 U.S.C. App. 574),’’;
(2) in paragraph (4), by adding ‘‘or’’ at the
end;
(3) by striking paragraph (5);
(4) by redesignating paragraph (6) as para-
graph (5); and
(5) in paragraph (5) (as redesignated), by in-
serting before the period at the end the following:
‘‘and because of the difficulty of raising local rev-
enue through bond referendums for capital projects
due to the inability to tax Federal property’’.
271
SEC. 502. PAYMENTS RELATING TO FEDERAL ACQUISITION
OF REAL PROPERTY.
(a) FISCAL YEAR REQUIREMENT.—Section 8002(a)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7702(a)) is amended in the matter preceding
paragraph (1) by striking ‘‘1999’’ and inserting ‘‘2005’’.
(b) AMOUNT.—
(1) 
INSUFFICIENT
FUNDS.—Section
8002(b)(1)(B) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(b)(1)(B)) is
amended by striking ‘‘shall ratably reduce the pay-
ment to each eligible local educational agency’’ and
inserting ‘‘shall calculate the payment for each eligi-
ble local educational agency in accordance with sub-
section (h)’’.
(2) MAXIMUM AMOUNT.—Section 8002(b)(1)(C)
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(b)(1)(C)) is amended by add-
ing at the end before the period the following: ‘‘, or
the maximum amount that such agency is eligible to
receive for such fiscal year under this section, which-
ever is greater’’.
(c) PAYMENTS WITH RESPECT TO FISCAL YEARS IN
WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—
Section 8002(h) of the Elementary and Secondary Edu-
272
cation Act of 1965 (20 U.S.C. 7702(h)) is amended to
read as follows:
‘‘(h) PAYMENTS WITH RESPECT TO FISCAL YEARS
IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—
For any fiscal year for which the amount appropriated
under section 8014(a) is insufficient to pay to each local
educational agency the full amount determined under sub-
section (b), the Secretary shall make payments to each
local educational agency under this section as follows:
‘‘(1) FOUNDATION PAYMENTS FOR PRE-1995 RE-
CIPIENTS.—
‘‘(A) IN
GENERAL.—The Secretary shall
first make a foundation payment to each local
educational agency that is eligible to receive a
payment under this section for the fiscal year
involved and was eligible to receive a payment
under section 2 of the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such
section was in effect on the day preceding the
date of the enactment of the Improving Amer-
ica’s Schools Act of 1994) for any of the fiscal
years 1989 through 1994.
‘‘(B) AMOUNT.—The amount of a payment
under subparagraph (A) for a local educational
agency shall be equal to 37 percent of the pay-
273
ment amount the local educational agency was
eligible to receive under section 2 of the Act of
September 30, 1950, for fiscal year 1994 (or if
the local educational agency was not eligible to
receive a payment under such section 2 for fis-
cal year 1994, the payment that local edu-
cational agency was eligible to receive under
such section 2 for the most recent fiscal year
preceding 1994).
‘‘(C) INSUFFICIENT APPROPRIATIONS.—If
the amount appropriated under section 8014(a)
is insufficient to pay the full amount deter-
mined under this paragraph for all eligible local
educational agencies for the fiscal year, then
the Secretary shall ratably reduce the payment
to each local educational agency under this
paragraph.
‘‘(2) PAYMENTS FOR 1995 RECIPIENTS.—
‘‘(A) IN
GENERAL.—From any amounts
remaining after making payments under para-
graph (1) for the fiscal year involved, the Sec-
retary shall make a payment to each eligible
local educational agency that received a pay-
ment under this section for fiscal year 1995.
274
‘‘(B) AMOUNT.—The amount of a payment
under subparagraph (A) for a local educational
agency shall be determined as follows:
‘‘(i) Calculate the difference between
the amount appropriated to carry out this
section for fiscal year 1995 and the total
amount of foundation payments made
under paragraph (1) for the fiscal year.
‘‘(ii) Determine the percentage share
for each local educational agency that re-
ceived a payment under this section for fis-
cal year 1995 by dividing the assessed
value of the Federal property of the local
educational agency for fiscal year 1995 de-
termined in accordance with subsection
(b)(3), by the total national assessed value
of the Federal property of all such local
educational agencies for fiscal year 1995,
as so determined.
‘‘(iii) Multiply the percentage share
described in clause (ii) for the local edu-
cational agency by the amount determined
under clause (i).
‘‘(3) SUBSECTION (i) RECIPIENTS.—From any
funds remaining after making payments under para-
275
graphs (1) and (2) for the fiscal year involved, the
Secretary shall make payments in accordance with
subsection (i).
‘‘(4) REMAINING FUNDS.—From any funds re-
maining after making payments under paragraphs
(1), (2), and (3) for the fiscal year involved—
‘‘(A) the Secretary shall make a payment
to each local educational agency that received a
foundation payment under paragraph (1) for
the fiscal year involved in an amount that bears
the same relation to 25 percent of the remain-
der as the amount the local educational agency
received under paragraph (1) for the fiscal year
involved bears to the amount all local edu-
cational agencies received under paragraph (1)
for the fiscal year involved; and
‘‘(B) the Secretary shall make a payment
to each local educational agency that is eligible
to receive a payment under this section for the
fiscal year involved in an amount that bears the
same relation to 75 percent of the remainder as
a percentage share determined for the local
educational agency (in the same manner as per-
centage shares are determined for local edu-
cational agencies under paragraph (2)(B)(ii))
276
bears to the percentage share determined (in
the same manner) for all local educational
agencies eligible to receive a payment under this
section for the fiscal year involved, except that
for the purpose of calculating a local edu-
cational agency’s assessed value of the Federal
property, data from the most current fiscal year
shall be used.’’.
(d) SPECIAL PAYMENTS.—
(1) IN GENERAL.—Section 8002(i)(1) of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 7702(i)(1)) is amended to read as follows:
‘‘(1) IN GENERAL.—For any fiscal year begin-
ning with fiscal year 2000 for which the amount ap-
propriated to carry out this section exceeds the
amount so appropriated for fiscal year 1996 and for
which subsection (b)(1)(B) applies, the Secretary
shall use the remainder described in subsection
(h)(3) for the fiscal year involved (not to exceed the
amount equal to the difference between (A) the
amount appropriated to carry out this section for
fiscal year 1997 and (B) the amount appropriated to
carry out this section for fiscal year 1996) to in-
crease the payment that would otherwise be made
under this section to not more than 50 percent of
277
the maximum amount determined under subsection
(b) for any local educational agency described in
paragraph (2).’’.
(2) CONFORMING AMENDMENT.—The heading
of section 8002(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(i)) is
amended by striking ‘‘PRIORITY’’ and inserting
‘‘SPECIAL’’.
(e) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL
EDUCATIONAL AGENCIES IMPACTED BY FEDERAL PROP-
ERTY ACQUISITION.—Section 8002(j)(2) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7702(j)(2)) is amended—
(1) by striking ‘‘(A) A local educational agen-
cy’’ and inserting ‘‘A local educational agency’’;
(2) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively; and
(3) in subparagraph (C) (as redesignated), by
adding at the end before the semicolon the following:
‘‘and such agency does not currently have a military
installation located within its geographic bound-
aries’’.
(f) DATA; PRELIMINARY AND FINAL PAYMENTS.—
Section 8002 of the Elementary and Secondary Education
279
8005(c), except that any local educational agen-
cy failing to submit all of the data required
under subparagraph (A) shall be denied such
payment for the fiscal year for which the appli-
cation is made unless funds from a source other
than the Act described in subparagraph (B) are
made available to provide such payment.
‘‘(2) ELIGIBILITY
FOR
PAYMENTS
IN
SUBSE-
QUENT YEARS.—The denial of a payment under sub-
section (b) to a local educational agency for a fiscal
year pursuant to this subsection shall not affect the
eligibility of the local educational agency for a final
payment under subsection (b) for a subsequent fiscal
year.’’.
SEC. 503. PAYMENTS FOR ELIGIBLE FEDERALLY CON-
NECTED CHILDREN.
(a) MILITARY INSTALLATION HOUSING UNDERGOING
RENOVATION OR REBUILDING.—
(1) IN GENERAL.—Section 8003(a)(4) of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(a)) is amended—
(A) in the heading, by striking ‘‘UNDER-
GOING
RENOVATION’’ and inserting ‘‘UNDER-
GOING RENOVATION OR REBUILDING’’;
280
(B) by striking ‘‘For purposes’’ and insert-
ing the following:
‘‘(A) IN GENERAL.—For purposes’’;
(C) in subparagraph (A) (as designated by
subparagraph (B)), by inserting ‘‘or rebuilding’’
after ‘‘undergoing renovation’’; and
(D) by adding at the end the following:
‘‘(B) LIMITATIONS.—(i)(I) Except as pro-
vided in subclause (II), children described in
paragraph (1)(D)(i) may be deemed to be chil-
dren described in paragraph (1)(B) with respect
to housing on Federal property undergoing ren-
ovation or rebuilding in accordance with sub-
paragraph (A) for a period not to exceed 2 fis-
cal years.
‘‘(II) If the Secretary determines, on the
basis of a certification provided to the Secretary
by a designated representative of the Secretary
of Defense, that the expected completion date of
the renovation or rebuilding of the housing has
been delayed by not less than 1 year, then—
‘‘(aa) in the case of a determination
made by the Secretary in the first fiscal
year described in subclause (I), the time
period described such subclause shall be
281
extended by the Secretary for an additional
2 years; and
‘‘(bb) in the case of a determination
made by the Secretary in the second fiscal
year described in subclause (I), the time
period described such subclause shall be
extended by the Secretary for an additional
1 year.
‘‘(ii) The number of children described in
paragraph (1)(D)(i) who are deemed to be chil-
dren described in paragraph (1)(B) with respect
to housing on Federal property undergoing ren-
ovation or rebuilding in accordance with sub-
paragraph (A) for any fiscal year may not ex-
ceed the maximum number of children who are
expected to occupy that housing upon comple-
tion of the renovation or rebuilding.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall apply with respect to pay-
ments to a local educational agency for fiscal years
beginning before, on, or after the date of the enact-
ment of this Act.
(b) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUS-
ING.—Section 8003(a) of the Elementary and Secondary
282
Education Act of 1965 (20 U.S.C. 7703(a)) is amended
by adding at the end the following:
‘‘(5) MILITARY ‘BUILD
TO
LEASE’ PROGRAM
HOUSING.—
‘‘(A) IN GENERAL.—For purposes of com-
puting the amount of payment for a local edu-
cational agency for children identified under
paragraph (1), the Secretary shall consider chil-
dren residing in housing initially acquired or
constructed under the former section 2828(g) of
title 10, United States Code (commonly known
as the ‘Build to Lease’ program), as added by
section 801 of the Military Construction Au-
thorization Act, 1984, to be children described
under paragraph (1)(B) if the property de-
scribed is within the fenced security perimeter
of the military facility upon which such housing
is situated.
‘‘(B) ADDITIONAL REQUIREMENTS.—If the
property described in subparagraph (A) is not
owned by the Federal Government, is subject to
taxation by a State or political subdivision of a
State, and thereby generates revenues for a
local educational agency that is applying to re-
283
ceive a payment under this section, then the
Secretary—
‘‘(i) shall require the local educational
agency to provide certification from an ap-
propriate official of the Department of De-
fense that the property is being used to
provide military housing; and
‘‘(ii) shall reduce the amount of the
payment under this section by an amount
equal to the amount of revenue from such
taxation received in the second preceding
fiscal year by such local educational agen-
cy, unless the amount of such revenue was
taken into account by the State for such
second preceding fiscal year and already
resulted in a reduction in the amount of
State aid paid to such local educational
agency.’’.
SEC. 504. MAXIMUM AMOUNT OF BASIC SUPPORT PAY-
MENTS.
Section 8003(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(1)) is amended
by adding at the end the following:
‘‘(D) INCREASE IN LOCAL CONTRIBUTION
RATE
DUE
TO
UNUSUAL
GEOGRAPHIC
FAC-
284
TORS.—If the current expenditures in those
local educational agencies which the Secretary
has determined to be generally comparable to
the local educational agency for which a com-
putation is made under subparagraph (C) are
not reasonably comparable because of unusual
geographical factors which affect the current
expenditures necessary to maintain, in such
agency, a level of education equivalent to that
maintained in such other agencies, then the
Secretary shall increase the local contribution
rate for such agency under subparagraph
(C)(iii) by such an amount which the Secretary
determines will compensate such agency for the
increase in current expenditures necessitated by
such unusual geographical factors. The amount
of any such supplementary payment may not
exceed the per-pupil share (computed with re-
gard to all children in average daily attend-
ance), as determined by the Secretary, of the
increased current expenditures necessitated by
such unusual geographic factors.’’.
285
SEC. 505. BASIC SUPPORT PAYMENTS FOR HEAVILY IM-
PACTED LOCAL EDUCATIONAL AGENCIES.
(a) IN GENERAL.—Section 8003(b) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) BASIC SUPPORT PAYMENTS FOR HEAVILY
IMPACTED LOCAL EDUCATIONAL AGENCIES.—
‘‘(A) IN GENERAL.—(i) From the amount
appropriated under section 8014(b) for a fiscal
year, the Secretary is authorized to make basic
support payments to eligible heavily impacted
local educational agencies with children de-
scribed in subsection (a).
‘‘(ii) A local educational agency that re-
ceives a basic support payment under this para-
graph for a fiscal year shall not be eligible to
receive a basic support payment under para-
graph (1) for that fiscal year.
‘‘(B) ELIGIBILITY FOR CONTINUING HEAV-
ILY
IMPACTED
LOCAL
EDUCATIONAL
AGEN-
CIES.—
286
‘‘(i) FISCAL
YEAR
2001.—A heavily
impacted local educational agency is eligi-
ble to receive a basic support payment
under subparagraph (A) for fiscal year
2001 with respect to a number of children
determined under subsection (a)(1) only if
the agency received an additional assist-
ance payment under subsection (f) (as
such subsection was in effect on the day
before the date of the enactment of the
Impact Aid Reauthorization Act of 2000)
for fiscal year 2000.
‘‘(ii) FISCAL YEAR 2002 AND SUBSE-
QUENT
FISCAL
YEARS.—A heavily im-
pacted local educational agency described
in clause (i) is eligible to receive a basic
support payment under subparagraph (A)
for fiscal year 2002 and any subsequent
fiscal year with respect to a number of
children 
determined 
under 
subsection
(a)(1) only if the agency—
‘‘(I) received a basic support pay-
ment under subparagraph (A) for fis-
cal year 2001; and
287
‘‘(II)(aa) is a local educational
agency whose boundaries are the same
as a Federal military installation;
‘‘(bb) has an enrollment of feder-
ally connected children described in
subsection (a)(1) which constitutes a
percentage of the total student enroll-
ment of such agency which is not less
than 35 percent, has a per-pupil ex-
penditure that is less than the average
per-pupil expenditure of the State in
which the agency is located or the av-
erage per-pupil expenditure of all
States (whichever average per-pupil
expenditure is greater), except that a
local educational agency with a total
student enrollment of less than 350
students shall be deemed to have sat-
isfied such per-pupil expenditure re-
quirement, and has a tax rate for gen-
eral fund purposes which is at least
95 percent of the average tax rate for
general fund purposes of comparable
local educational agencies in the
State; or
288
‘‘(cc) has a total student enroll-
ment of not less than 25,000 stu-
dents, of which not less than 50 per-
cent are federally connected children
described in subsection (a)(1) and not
less than 6,000 of such federally con-
nected children are children described
in subparagraphs (A) and (B) of sub-
section (a)(1).
‘‘(iii) RESUMPTION OF ELIGIBILITY.—
A heavily impacted local educational agen-
cy described in clause (i) or (ii) that be-
comes ineligible under either such clause
for one or more fiscal years may resume
eligibility for a basic support payment
under this paragraph for a subsequent fis-
cal year only if the agency meets the re-
quirements of item (aa), (bb), or (cc) of
clause (ii)(II) for that subsequent fiscal
year.
‘‘(C) ELIGIBILITY FOR NEW HEAVILY IM-
PACTED LOCAL EDUCATIONAL AGENCIES.—
‘‘(i) IN
GENERAL.—A heavily im-
pacted local educational agency that did
not receive an additional assistance pay-
289
ment under subsection (f) (as such sub-
section was in effect on the day before the
date of the enactment of the Impact Aid
Reauthorization Act of 2000) for fiscal
year 2000 is eligible to receive a basic sup-
port payment under subparagraph (A) for
fiscal year 2002 and any subsequent fiscal
year with respect to a number of children
determined under subsection (a)(1) only if
the agency—
‘‘(I) has an enrollment of feder-
ally connected children described in
subsection (a)(1) which constitutes a
percentage of the total student enroll-
ment of such agency which (aa) is not
less than 50 percent if such agency
receives a payment on behalf of chil-
dren described in subparagraphs (F)
and (G) of such subsection or (bb) is
not less than 40 percent if such agen-
cy does not receive a payment on be-
half of such children;
‘‘(II)(aa) is a local educational
agency whose boundaries are the same
as a Federal military installation; or
290
‘‘(bb) is a local educational agen-
cy that has a tax rate for general
fund purposes which is at least 95
percent of the average tax rate for
general fund purposes of comparable
local educational agencies in the
State; and
‘‘(III)(aa) for a local educational
agency that has a total student enroll-
ment of 350 or more students, the
agency has a per-pupil expenditure
that is less than the average per-pupil
expenditure of the State in which the
agency is located; or
‘‘(bb) for a local educational
agency that has a total student enroll-
ment of less than 350 students, the
agency has a per-pupil expenditure
that is less than the average per-pupil
expenditure of a comparable agency in
the State in which the agency is lo-
cated.
‘‘(ii) RESUMPTION OF ELIGIBILITY.—
A heavily impacted local educational agen-
cy described in clause (i) that becomes in-
291
eligible under such clause for one or more
fiscal years may resume eligibility for a
basic support payment under this para-
graph for a subsequent fiscal year only if
the agency meets the requirements of sub-
clauses (I), (II), and (III) of clause (i) for
that subsequent fiscal year.
‘‘(iii) APPLICATION.—With respect to
the first fiscal year for which a heavily im-
pacted local educational agency described
in clause (i) applies for a basic support
payment under subparagraph (A), or with
respect to the first fiscal year for which a
heavily impacted local educational agency
applies for a basic support payment under
subparagraph (A) after becoming ineligible
under clause (i) for one or more preceding
fiscal years, the agency shall apply for
such payment at least 1 year prior to the
start of that first fiscal year.
‘‘(D) MAXIMUM
AMOUNT
FOR
REGULAR
HEAVILY
IMPACTED
LOCAL
EDUCATIONAL
AGENCIES.—(i) Except as provided in subpara-
graph (E), the maximum amount that a heavily
impacted local educational agency is eligible to
292
receive under this paragraph for any fiscal year
is the sum of the total weighted student units,
as computed under subsection (a)(2) (subject to
clause (ii)), multiplied by the greater of—
‘‘(I) four-fifths of the average per-
pupil expenditure of the State in which the
local educational agency is located for the
third fiscal year preceding the fiscal year
for which the determination is made; or
‘‘(II) four-fifths of the average per-
pupil expenditure of all of the States for
the third fiscal year preceding the fiscal
year for which the determination is made.
‘‘(ii)(I) For a local educational agency with
respect to which 35 percent or more of the total
student enrollment of the schools of the agency
are children described in subparagraph (D) or
(E) (or a combination thereof) of subsection
(a)(1), the Secretary shall calculate the weight-
ed student units of such children for purposes
of subsection (a)(2) by multiplying the number
of such children by a factor of 0.55.
‘‘(II) For a local educational agency that
has an enrollment of 100 or fewer federally con-
nected children described in subsection (a)(1),
293
the Secretary shall calculate the total number
of weighted student units for purposes of sub-
section (a)(2) by multiplying the number of
such children by a factor of 1.75.
‘‘(III) For a local educational agency that
has an enrollment of more than 100 but not
more than 750 children described in subsection
(a)(1), the Secretary shall calculate the total
number of weighted student units for purposes
of subsection (a)(2) by multiplying the number
of such children by a factor of 1.25.
‘‘(E) MAXIMUM
AMOUNT
FOR
LARGE
HEAVILY
IMPACTED
LOCAL
EDUCATIONAL
AGENCIES.—(i)(I) Subject to clause (ii), the
maximum amount that a heavily impacted local
educational agency described in subclause (II)
is eligible to receive under this paragraph for
any fiscal year shall be determined in accord-
ance with the formula described in paragraph
(1)(C).
‘‘(II) A heavily impacted local educational
agency described in this subclause is a local
educational agency that has a total student en-
rollment of not less than 25,000 students, of
which not less than 50 percent are federally
294
connected children described in subsection
(a)(1) and not less than 6,000 of such federally
connected children are children described in
subparagraphs (A) and (B) of subsection
(a)(1).
‘‘(ii) For purposes of calculating the max-
imum amount described in clause (i), the factor
used in determining the weighted student units
under subsection (a)(2) with respect to children
described in subparagraphs (A) and (B) of sub-
section (a)(1) shall be 1.35.
‘‘(F) DATA.—For purposes of providing
assistance under this paragraph, the Secretary
shall use student, revenue, expenditure, and tax
data from the third fiscal year preceding the
fiscal year for which the local educational agen-
cy is applying for assistance under this para-
graph.’’.
(b) PAYMENTS WITH RESPECT TO FISCAL YEARS IN
WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—
Paragraph (3) of section 8003(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)),
as redesignated, is amended—
(1) in subparagraph (A), by striking ‘‘para-
graph (1)’’ and inserting ‘‘paragraphs (1) and (2)’’;
295
(2) in subparagraph (B)—
(A) in the heading, by inserting after
‘‘PAYMENTS’’ the following: ‘‘IN LIEU OF PAY-
MENTS UNDER PARAGRAPH (1)’’;
(B) in the matter preceding subclause (I)
of clause (i), by inserting after ‘‘ ‘threshold pay-
ment’)’’ the following: ‘‘in lieu of basic support
payments under paragraph (1)’’;
(C) in clause (ii), by striking ‘‘paragraph
(1)’’ and inserting ‘‘clause (i)’’; and
(D) by adding at the end the following:
‘‘(iv) In the case of a local educational
agency that has a total student enrollment of
fewer than 1,000 students and that has a per-
pupil expenditure that is less than the average
per-pupil expenditure of the State in which the
agency is located, the total percentage used to
calculate threshold payments under clause (i)
shall not be less than 40 percent.’’;
(3) by redesignating subparagraph (C) as sub-
paragraph (D);
(4) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) LEARNING
OPPORTUNITY
THRESH-
OLD PAYMENTS IN LIEU OF PAYMENTS UNDER
296
PARAGRAPH (2).—For fiscal years described in
subparagraph (A), the learning opportunity
threshold payment in lieu of basic support pay-
ments under paragraph (2) shall be equal to the
amount obtained under subparagraph (D) or
(E) of paragraph (2), as the case may be.’’; and
(5) in subparagraph (D) (as redesignated), by
striking ‘‘computation made under subparagraph
(B)’’ and inserting ‘‘computations made under sub-
paragraphs (B) and (C)’’.
(c) 
CONFORMING
AMENDMENTS.—(1) 
Section
8002(b)(1)(C) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7702(b)(1)(C)) is amended
by striking ‘‘section 8003(b)(1)(C)’’ and inserting ‘‘para-
graph (1)(C) of section 8003(b) or subparagraph (D) or
(E) of paragraph (2) of such section, as the case may be’’.
(2) Section 8003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703) is amended—
(A) in subsection (a)(1), by striking ‘‘subsection
(b), (d), or (f)’’ and inserting ‘‘subsection (b) or
(d)’’;
(B) in subsection (b)—
(i) in paragraph (1)(C), in the matter pre-
ceding clause (i), by striking ‘‘this subsection’’
and inserting ‘‘this paragraph’’; and
297
(ii) in paragraph (4) (as redesignated)—
(I) in subparagraph (A), by striking
‘‘paragraphs (1)(B), (1)(C), and (2) of this
subsection’’ and inserting ‘‘subparagraphs
(B) and (C) of paragraph (1) or subpara-
graphs (B) through (D) of paragraph (2),
as the case may be, paragraph (3) of this
subsection’’; and
(II) in subparagraph (B)—
(aa) by inserting after ‘‘para-
graph (1)(C)’’ the following: ‘‘or sub-
paragraph (D) or (E) of paragraph
(2), as the case may be,’’; and
(bb) 
by 
striking 
‘‘paragraph
(2)(B)’’ and inserting ‘‘subparagraph
(B) or (C) of paragraph (3)’’;
(C) in subsection (c)(1), by striking ‘‘paragraph
(2) and subsection (f)’’ and inserting ‘‘subsection
(b)(2) and paragraph (2)’’;
(D) by striking subsection (f); and
(E) in subsection (i), by striking ‘‘sections 8002
and 8003(b)’’ and inserting ‘‘section 8002 and sub-
section (b) of this section’’.
298
SEC. 506. BASIC SUPPORT PAYMENTS FOR LOCAL EDU-
CATIONAL 
AGENCIES 
AFFECTED 
BY 
RE-
MOVAL OF FEDERAL PROPERTY.
Section 8003(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)), as amended
by this Act, is further amended by adding at the end the
following:
‘‘(5) LOCAL
EDUCATIONAL
AGENCIES
AF-
FECTED BY REMOVAL OF FEDERAL PROPERTY.—
‘‘(A) IN
GENERAL.—In computing the
amount of a basic support payment under this
subsection for a fiscal year for a local edu-
cational agency described in subparagraph (B),
the Secretary shall meet the additional require-
ments described in subparagraph (C).
‘‘(B) LOCAL
EDUCATIONAL
AGENCY
DE-
SCRIBED.—A local educational agency described
in this subparagraph is a local educational
agency with respect to which Federal property
(i) located within the boundaries of the agency,
and (ii) on which one or more children reside
who are receiving a free public education at a
school of the agency, is transferred by the Fed-
eral Government to another entity in any fiscal
year beginning on or after the date of the en-
actment of the Impact Aid Reauthorization Act
299
of 2000 so that the property is subject to tax-
ation by the State or a political subdivision of
the State.
‘‘(C) ADDITIONAL
REQUIREMENTS.—The
additional requirements described in this sub-
paragraph are the following:
‘‘(i) For each fiscal year beginning
after the date on which the Federal prop-
erty is transferred, a child described in
subparagraph (B) who continues to reside
on such property and who continues to re-
ceive a free public education at a school of
the agency shall be deemed to be a child
who resides on Federal property for pur-
poses of computing under the applicable
subparagraph of subsection (a)(1) the
amount that the agency is eligible to re-
ceive under this subsection.
‘‘(ii)(I) For the third fiscal year be-
ginning after the date on which the Fed-
eral property is transferred, and for each
fiscal year thereafter, the Secretary shall,
after computing the amount that the agen-
cy is otherwise eligible to receive under this
subsection for the fiscal year involved, de-
300
duct from such amount an amount equal
to the revenue received by the agency for
the immediately preceding fiscal year as a
result of the taxable status of the former
Federal property.
‘‘(II) For purposes of determining the
amount of revenue to be deducted in ac-
cordance with subclause (I), the local edu-
cational agency—
‘‘(aa) shall provide for a review
and certification of such amount by
an appropriate local tax authority;
and
‘‘(bb) shall submit to the Sec-
retary a report containing the amount
certified under item (aa).’’.
SEC. 
507. 
ADDITIONAL 
PAYMENTS 
FOR 
LOCAL 
EDU-
CATIONAL 
AGENCIES 
WITH 
HIGH 
CON-
CENTRATIONS OF CHILDREN WITH SEVERE
DISABILITIES.
(a) REPEAL.—Subsection (g) of section 8003 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(g)) is repealed.
(b) CONFORMING AMENDMENTS.—(1) Section 8003
of the Elementary and Secondary Education Act of 1965
301
(20 U.S.C. 7703) is amended by redesignating subsections
(h) and (i) as subsections (f) and (g), respectively.
(2) Section 426 of the General Education Provisions
Act (20 U.S.C. 1228) is amended by striking ‘‘subsections
(d) and (g) of section 8003 of such Act’’ and inserting
‘‘section 8003(d) of such Act’’.
SEC. 508. APPLICATION FOR PAYMENTS UNDER SECTIONS
8002 AND 8003.
Section 8005(d) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7705(d)) is amended—
(1) in paragraph (2), by inserting after ‘‘not
more than 60 days after a deadline established
under subsection (c)’’ the following: ‘‘, or not more
than 60 days after the date on which the Secretary
sends written notice to the local educational agency
pursuant to paragraph (3)(A), as the case may be,’’;
and
(2) in paragraph (3) to read as follows:
‘‘(3) LATE APPLICATIONS.—
‘‘(A) NOTICE.—The Secretary shall, as
soon as practicable after the deadline estab-
lished under subsection (c), provide to each
local educational agency that applied for a pay-
ment under section 8002 or 8003 for the prior
fiscal year, and with respect to which the Sec-
302
retary has not received an application for a pay-
ment under either such section (as the case
may be) for the fiscal year in question, written
notice of the failure to comply with the deadline
and instruction to ensure that the application is
filed not later than 60 days after the date on
which the Secretary sends the notice.
‘‘(B) ACCEPTANCE
AND
APPROVAL
OF
LATE APPLICATIONS.—The Secretary shall not
accept or approve any application of a local
educational agency that is filed more than 60
days after the date on which the Secretary
sends written notice to the local educational
agency pursuant to subparagraph (A).’’.
SEC. 509. PAYMENTS FOR SUDDEN AND SUBSTANTIAL IN-
CREASES IN ATTENDANCE OF MILITARY DE-
PENDENTS.
Section 8006 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7706) is repealed.
SEC. 510. CONSTRUCTION.
(a) IN GENERAL.—Section 8007 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7707)
is amended to read as follows:
‘‘SEC. 8007. CONSTRUCTION.
‘‘(a) CONSTRUCTION PAYMENTS AUTHORIZED.—
303
‘‘(1) IN GENERAL.—From 70 percent of the
amount appropriated for each fiscal year under sec-
tion 8014(e), the Secretary shall make payments in
accordance with this subsection to each local edu-
cational agency that receives a basic support pay-
ment under section 8003(b) for that fiscal year.
‘‘(2) ADDITIONAL
REQUIREMENTS.—A local
educational agency that receives a basic support pay-
ment under section 8003(b)(1) shall also meet at
least one of the following requirements:
‘‘(A) The number of children determined
under section 8003(a)(1)(C) for the agency for
the preceding school year constituted at least
50 percent of the total student enrollment in
the schools of the agency during the preceding
school year.
‘‘(B) The number of children determined
under subparagraphs (B) and (D)(i) of section
8003(a)(1) for the agency for the preceding
school year constituted at least 50 percent of
the total student enrollment in the schools of
the agency during the preceding school year.
‘‘(3) AMOUNT OF PAYMENTS.—
‘‘(A) LOCAL EDUCATIONAL AGENCIES IM-
PACTED
BY
MILITARY
DEPENDENT
CHIL-
304
DREN.—The amount of a payment to each local
educational agency described in this subsection
that is impacted by military dependent children
for a fiscal year shall be equal to—
‘‘(i)(II) 35 percent of the amount ap-
propriated under section 8014(e) for such
fiscal year; divided by
‘‘(II) the total number of weighted
student units of children described in sub-
paragraphs (B) and (D)(i) of section
8003(a)(1) for all local educational agen-
cies described in this subsection (as cal-
culated under section 8003(a)(2)), includ-
ing the number of weighted student units
of such children attending a school facility
described in section 8008(a) if the Sec-
retary does not provide assistance for the
school facility under that section for the
prior fiscal year; multiplied by
‘‘(ii) the total number of such weight-
ed student units for the agency.
‘‘(B) LOCAL EDUCATIONAL AGENCIES IM-
PACTED BY CHILDREN WHO RESIDE ON INDIAN
LANDS.—The amount of a payment to each
local educational agency described in this sub-
305
section that is impacted by children who reside
on Indian lands for a fiscal year shall be equal
to—
‘‘(i)(I) 35 percent of the amount ap-
propriated under section 8014(e) for such
fiscal year; divided by
‘‘(II) the total number of weighted
student units of children described in sec-
tion 8003(a)(1)(C) for all local educational
agencies described in this subsection (as
calculated under section 8003(a)(2)); mul-
tiplied by
‘‘(ii) the total number of such weight-
ed student units for the agency.
‘‘(4) USE
OF
FUNDS.—Any local educational
agency that receives funds under this subsection
shall use such funds for construction, as defined in
section 8013(3).
‘‘(b) SCHOOL FACILITY MODERNIZATION GRANTS
AUTHORIZED.—
‘‘(1) IN GENERAL.—From 30 percent of the
amount appropriated for each fiscal year under sec-
tion 8014(e), the Secretary shall award grants in ac-
cordance with this subsection to eligible local edu-
cational agencies to enable the local educational
306
agencies to carry out modernization of school facili-
ties.
‘‘(2) ELIGIBILITY
REQUIREMENTS.—A local
educational agency is eligible to receive funds under
this subsection only if—
‘‘(A) such agency (or in the case of a local
educational agency that does not have the au-
thority to tax or issue bonds, such agency’s fis-
cal agent) has no capacity to issue bonds or is
at such agency’s limit in bonded indebtedness
for the purposes of generating funds for capital
expenditures; and
‘‘(B)(i) such agency received assistance
under section 8002(a) for the fiscal year and
has an assessed value of taxable property per
student in the school district that is less than
the average of the assessed value of taxable
property per student in the State in which the
local educational agency is located; or
‘‘(ii) such agency received assistance under
subsection (a) for the fiscal year and has a
school facility emergency, as determined by the
Secretary, that poses a health or safety hazard
to the students and school personnel assigned
to the school facility.
307
‘‘(3) AWARD
CRITERIA.—In awarding grants
under this subsection the Secretary shall consider
one or more of the following factors:
‘‘(A) The extent to which the local edu-
cational agency lacks the fiscal capacity to un-
dertake the modernization project without Fed-
eral assistance.
‘‘(B) The extent to which property in the
local educational agency is nontaxable due to
the presence of the Federal Government.
‘‘(C) The extent to which the local edu-
cational agency serves high numbers or percent-
ages of children described in subparagraphs
(A), (B), (C), and (D) of section 8003(a)(1).
‘‘(D) The need for modernization to
meet—
‘‘(i) the threat that the condition of
the school facility poses to the safety and
well-being of students;
‘‘(ii) overcrowding conditions as evi-
denced by the use of trailers and portable
buildings and the potential for future over-
crowding because of increased enrollment;
and
308
‘‘(iii) facility needs resulting from ac-
tions of the Federal Government.
‘‘(E) The age of the school facility to be
modernized.
‘‘(4) OTHER AWARD PROVISIONS.—
‘‘(A) 
FEDERAL
SHARE.—The 
Federal
funds provided under this subsection to a local
educational agency described in subparagraph
(C) shall not exceed 50 percent of the total cost
of the project to be assisted under this sub-
section. A local educational agency may use in-
kind contributions to meet the matching re-
quirement of the preceding sentence.
‘‘(B) MAXIMUM
GRANT.—A local edu-
cational agency described in subparagraph (C)
may not receive a grant under this subsection
in an amount that exceeds $3,000,000 during
any 5-year period.
‘‘(C) LOCAL
EDUCATIONAL
AGENCY
DE-
SCRIBED.—A local educational agency described
in this subparagraph is a local educational
agency that has the authority to issue bonds
but is at such agency’s limit in bonded indebt-
edness for the purposes of generating funds for
capital expenditures.
309
‘‘(5) APPLICATIONS.—A local educational agen-
cy that desires to receive a grant under this sub-
section shall submit an application to the Secretary
at such time, in such manner, and accompanied by
such information as the Secretary may require. Each
application shall contain—
‘‘(A) documentation certifying such agen-
cy’s lack of bonding capacity;
‘‘(B) a listing of the school facilities to be
modernized, including the number and percent-
age of children determined under section
8003(a)(1) in average daily attendance in each
school facility;
‘‘(C) a description of the ownership of the
property on which the current school facility is
located or on which the planned school facility
will be located;
‘‘(D) a description of any school facility
deficiency that poses a health or safety hazard
to the occupants of the school facility and a de-
scription of how that deficiency will be repaired;
‘‘(E) a description of the modernization to
be supported with funds provided under this
subsection;
311
cation for the grant considered for the following
fiscal year, subject to the priority described in
subparagraph (B).’’.
(b) DEFINITION.—Section 8013 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7713)
is amended by adding at the end the following:
‘‘(13) MODERNIZATION.—The term ‘moderniza-
tion’ means repair, renovation, alteration, or con-
struction, including—
‘‘(A) the concurrent installation of equip-
ment; and
‘‘(B) the complete or partial replacement
of an existing school facility, but only if such
replacement is less expensive and more cost-ef-
fective than repair, renovation, or alteration of
the school facility.’’.
SEC. 511. FEDERAL ADMINISTRATION.
Section 8010(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7710(c)) is amended—
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(3) in paragraph (2)(D) (as redesignated), by
striking ‘‘section 5(d)(2) of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such
312
section was in effect on the day preceding the date
of enactment of the Improving America’s Schools
Act of 1994) or’’.
SEC. 512. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-
VIEW.
(a) ADMINISTRATIVE HEARINGS.—
(1) IN GENERAL.—Section 8011(a) of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 7711) is amended by adding at the end be-
fore the period the following: ‘‘if the local edu-
cational agency or State, as the case may be, sub-
mits to the Secretary a request for the hearing not
later than 60 days after the date of the action of the
Secretary under this title’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply with respect to an ac-
tion of the Secretary under title VIII of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 7701 et seq.) initiated on or after the date
of the enactment of this Act.
(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—
Section 8011(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7711(b)(1)) is amended
by striking ‘‘60 days’’ and inserting ‘‘30 working days (as
determined by the local educational agency or State)’’.
313
SEC. 513. DEFINITIONS.
Section 8013(5)(A)(iii) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(5)(A)(iii))
is amended—
(1) in subclause (I), by striking ‘‘or’’ at the
end; and
(2) by adding at the end the following:
‘‘(III) affordable housing assisted
under the Native American Housing As-
sistance and Self-Determination Act of
1996; or’’.
SEC. 514. AUTHORIZATION OF APPROPRIATIONS.
(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL
PROPERTY.—Section 8014(a) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7714(a)) is
amended by striking ‘‘$16,750,000 for fiscal year 1995’’
and inserting ‘‘$32,000,000 for fiscal year 2000’’.
(b) BASIC PAYMENTS.—Section 8014(b) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
7714(b)) is amended—
(1) by striking ‘‘subsections (b) and (f) of sec-
tion 8003’’ and inserting ‘‘section 8003(b)’’;
(2) by striking ‘‘$775,000,000 for fiscal year
1995’’ and inserting ‘‘$809,400,000 for fiscal year
2000’’; and
314
(3) by striking ‘‘, of which 6 percent’’ and all
that follows and inserting a period.
(c) PAYMENTS
FOR
CHILDREN
WITH
DISABIL-
ITIES.—Section 8014(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7714(c)) is amended
by striking ‘‘$45,000,000 for fiscal year 1995’’ and insert-
ing ‘‘$50,000,000 for fiscal year 2000’’.
(d) PAYMENTS FOR INCREASES IN MILITARY CHIL-
DREN.—Subsection (d) of section 8014 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7714)
is repealed.
(e) CONSTRUCTION.—Section 8014(e) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7714(e)) is amended by striking ‘‘$25,000,000 for fiscal
year 1995’’ and inserting ‘‘$10,052,000 for fiscal year
2000’’.
(f) FACILITIES MAINTENANCE.—Section 8014(f) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7714(f)) is amended by striking ‘‘$2,000,000 for
fiscal year 1995’’ and inserting ‘‘$5,000,000 for fiscal
year 2000’’.
(g) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL
EDUCATIONAL AGENCIES IMPACTED BY FEDERAL PROP-
ERTY ACQUISITION.—Section 8014(g) of the Elementary
315
and Secondary Education Act of 1965 (20 U.S.C.
7714(g)) is amended—
(1) in the heading, by striking ‘‘FEDERAL
PROPERTY LOCAL EDUCATIONAL AGENCIES’’ and
inserting ‘‘LOCAL
EDUCATIONAL
AGENCIES
IM-
PACTED
BY FEDERAL PROPERTY ACQUISITION’’;
and
(2) by striking ‘‘such sums as are necessary be-
ginning in fiscal year 1998 and for each succeeding
fiscal year’’ and inserting ‘‘$1,500,000 for fiscal
year 2000 and such sums as may be necessary for
each of the four succeeding fiscal years’’.
SEC. 515. EFFECTIVE DATE.
This title, and the amendments made by this title,
shall take effect on October 1, 2000, or the date of the
enactment of this Act, whichever occurs later.
TITLE VI—HIGH PERFORMANCE
AND 
QUALITY 
EDUCATION
INITIATIVES
SEC. 601. HIGH PERFORMANCE AND QUALITY EDUCATION
INITIATIVES.
Title VI (20 U.S.C. 7301 et seq.) is amended to read
as follows:
316
‘‘TITLE VI—HIGH PERFORMANCE
AND 
QUALITY 
EDUCATION
INITIATIVES
‘‘SEC. 6001. FINDINGS, POLICY, AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1)(A) Congress embraces the view that edu-
cators most familiar with schools, including school
superintendents, principals, teachers, and school
support personnel, have a critical role in knowing
what is needed and how best to meet the educational
needs of students.
‘‘(B) Local educational agencies should there-
fore have primary responsibility for deciding how to
implement funds.
‘‘(2)(A) Since the Elementary and Secondary
Education Act was first authorized in 1965, the
Federal Government has created numerous grant
programs, each of which was created to address 1
among the myriad challenges and problems facing
education.
‘‘(B) Only a few of the Federal grant programs
established before the date of enactment of the Pub-
lic Education Reinvestment, Reinvention, and Re-
317
sponsibility Act can be tied to significant quan-
titative results.
‘‘(C) Because Federal education dollars are dis-
tributed through a patchwork of programs, with
each program having its own set of requirements
and restrictions, local educational agencies and
schools have found it difficult to leverage funds for
maximum impact.
‘‘(D) In many cases, Federal education dollars
distributed through competitive grant programs are
too diffused to provide a true impact at the school
level.
‘‘(E) As a result of the Federal elementary and
secondary education policies in place before the date
of enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act, the focus of
Federal, State, and local educational agencies has
been diverted from comprehensive student achieve-
ment to administrative compliance.
‘‘(3)(A) Every elementary school and secondary
school should provide a drug- and violence-free
learning environment.
‘‘(B) The widespread illegal use of alcohol and
drugs among the Nation’s secondary school stu-
dents, and increasingly among elementary school
318
students, constitutes a grave threat to students’
physical and mental well-being, and significantly im-
pedes the learning process.
‘‘(C) Drug and violence prevention programs
are essential components of a comprehensive strat-
egy to promote school safety, youth development,
and positive school outcomes, and reduce the de-
mand for and illegal use of alcohol, tobacco, and
drugs throughout the Nation.
‘‘(D) Schools, local organizations, parents, stu-
dents, and communities throughout the Nation have
a special responsibility to work together to combat
the continuing epidemic of violence and illegal drug
use, and should measure the success of programs es-
tablished to address this epidemic against clearly de-
fined goals and objectives.
‘‘(E) Drug and violence prevention programs
are most effective when implemented within a re-
search-based, drug and violence prevention frame-
work of proven effectiveness.
‘‘(F) Substance abuse and violence are intri-
cately related, and must be dealt with in a holistic
manner.
‘‘(4)(A) Technology can produce far greater op-
portunities for all students to meet high learning
319
standards, promote efficiency and effectiveness in
education, and help immediately and dramatically
reform our Nation’s educational system.
‘‘(B) Because most Federal and State edu-
cational technology programs have focused on ac-
quiring educational technologies, rather than empha-
sizing the utilization of those technologies in the
classroom and the training and infrastructure re-
quired efficiently to support the technologies, the full
potential of educational technology has rarely been
realized.
‘‘(C) The effective use of technology in edu-
cation has been inhibited by the inability of many
State educational agencies and local educational
agencies to invest in and support needed tech-
nologies, and to obtain sufficient resources to seek
expert technical assistance in developing high-quality
professional development activities for teachers and
keeping pace with the rapid technological advances.
‘‘(D) To remain competitive in the global econ-
omy, which is increasingly reliant on a workforce
that is comfortable with technology and able to inte-
grate rapid technological changes into production
processes, it is imperative that our Nation maintain
a work-ready labor force.
320
‘‘(b) POLICY.—Congress declares it to be the policy
of the United States—
‘‘(1) to facilitate significant innovation in ele-
mentary school and secondary school education pro-
grams;
‘‘(2) to enrich the learning environment of stu-
dents;
‘‘(3) to provide a safe learning environment for
all students;
‘‘(3) to ensure that all students are techno-
logically literate; and
‘‘(4) to assist State educational agencies and
local educational agencies in building the agencies’
capacity to establish, implement, and sustain innova-
tive programs for public elementary and secondary
school students.
‘‘(c) PURPOSES.—The purposes of this title are as
follows:
‘‘(1) To provide supplementary assistance for
school improvement to elementary schools, secondary
schools, and local educational agencies—
‘‘(A) that have been or are at risk of being
identified as being in need of improvement, as
defined in section 1116 (c) and (d), to carry out
activities (as described in such schools’ or agen-
321
cies’ improvement plans developed under such
section) that are designed to remedy the cir-
cumstances that caused such schools or agen-
cies to be identified as in need of improvement;
or
‘‘(B) to improve core content curriculum
and instructional practices and materials in
core subject areas to ensure that all students
are at the proficient standard level within 10
years of the date of enactment of the Public
Education Reinvestment, Reinvention, and Re-
sponsibility Act.
‘‘(2) To provide assistance to local educational
agencies and schools for innovative programs and
activities that will transform schools into 21st cen-
tury opportunities for students by—
‘‘(A) creating a challenging learning envi-
ronment and facilitating academic enrichment
through innovative academic programs; or
‘‘(B) providing extra learning, time, and
opportunities for students.
‘‘(3) To provide assistance to local educational
agencies, schools, and communities to strengthen ex-
isting programs or develop and implement new pro-
322
grams based on proven researched-based strategies
that create safe learning environments by—
‘‘(A) preventing violence and other high-
risk behavior from occurring in and around
schools; and
‘‘(B) preventing the illegal use of alcohol,
tobacco, and drugs among students.
‘‘(4) To create New Economy Technology
Schools (NETs) by providing assistance to local edu-
cational agencies and schools for—
‘‘(A) the acquisition, development, inter-
connection, implementation, improvement, and
maintenance of an effective educational tech-
nology infrastructure;
‘‘(B) the acquisition and maintenance of
technology equipment and the provision of
training in the use of such equipment for teach-
ers, school library and media personnel, and ad-
ministrators;
‘‘(C) the acquisition or development of
technology-enhanced curricula and instructional
materials that are aligned with challenging
State content and student performance stand-
ards; and
323
‘‘(D) the acquisition or development and
implementation of high-quality professional de-
velopment for teachers in the use of technology
and its integration with challenging State con-
tent and student performance standards.
‘‘SEC. 6002. DEFINITIONS OF STATE.
‘‘In this title:
‘‘(1) AUTHENTIC TASK.—The term ‘authentic
task’ means a real world task that—
‘‘(A) is challenging, meaningful, multidisci-
plinary, and interactive;
‘‘(B) involves reasoning, problem solving,
and composition; and
‘‘(C) is not a discrete component skill that
has no obvious connection with students’ activi-
ties outside of school.
‘‘(2) STATE.—The term ‘State’ means each of
the several States, the District of Columbia, and the
Commonwealth of Puerto Rico.
‘‘SEC. 6003. PROGRAMS AUTHORIZED.
‘‘(a) GRANTS AUTHORIZED.—From the amount ap-
propriated under section 6009 for a fiscal year, the Sec-
retary shall award a grant to each State educational agen-
cy having a State plan approved under section 6005(a)(4)
324
to enable the State educational agency to award grants
to local educational agencies in the State.
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under section 6009 for a fiscal year, the Sec-
retary shall reserve—
‘‘(A) not more than 1⁄2 of 1 percent of
such amount for payments to the Bureau of In-
dian Affairs for activities, approved by the Sec-
retary, consistent with this title;
‘‘(B) not more than 1⁄2 of 1 percent of
such amounts for payments to outlying areas,
to be allotted in accordance with their respec-
tive needs for assistance under this title as de-
termined by the Secretary, for activities, ap-
proved by the Secretary, consistent with this
title; and
‘‘(C) such sums as may be necessary to
continue to support any multiyear award made
under titles III, IV, V (part B), or X (as such
titles were in effect on the day preceding the
date of enactment of the Public Education Re-
investment, Reinvention, and Responsibility
Act) until the completion of the multiyear
award.
325
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) IN GENERAL.—From the amount ap-
propriated under section 6009 for a fiscal year
and remaining after the Secretary makes res-
ervations under paragraph (1), the Secretary
shall allot to each State having a State plan ap-
proved under section 6005(a)(4) the sum of—
‘‘(i) an amount that bears the same
relationship to 50 percent of the remainder
as the amount the State received under
part A of title I bears to the amount all
States received under such part; and
‘‘(ii) an amount that bears the same
relationship to 50 percent of the remainder
as the school-age population in the State
bears to the school-age population in all
States.
‘‘(B) DATA.—For the purposes of deter-
mining the school-age population in a State and
in all States, the Secretary shall use the latest
available Bureau of the Census data.
‘‘(c) STATE MINIMUM.—For any fiscal year, no State
shall be allotted under this section an amount that is less
than 0.4 percent of the total amount allotted to all States
under subsection (b)(2).
326
‘‘(d) HOLD-HARMLESS AMOUNTS.—For fiscal year
2001, notwithstanding subsection (e), the amount allotted
to each State under this section shall be not less than 100
percent of the total amount the State was allotted in for-
mula grants under titles III, IV, and VI (as such titles
were in effect on the day preceding the date of enactment
of the Public Education Reinvestment, Reinvention, and
Responsibility Act) for the preceding fiscal year.
‘‘(e) RATABLE REDUCTIONS.—If the sums made
available under subsection (b)(2)(A) for any fiscal year are
insufficient to pay the full amounts that all State edu-
cational agencies are eligible to receive under that sub-
section for such year, the Secretary shall ratably reduce
such amounts for such year.
‘‘SEC. 6004. WITHIN STATE ALLOCATION.
‘‘(a) SHORT TITLE.—Each State educational agency
for a State receiving a grant award under section
6003(b)(2) shall—
‘‘(1) set aside not more than 1 percent of the
grant funds for the cost of administering the activi-
ties under this title;
‘‘(2) set aside not more than 4 percent of the
grant funds to—
‘‘(A) provide for the establishment of high-
quality, internationally competitive content and
327
student performance standards and strategies
that all students will be expected to meet;
‘‘(B) provide for the establishment of high-
quality, rigorous assessments that include mul-
tiple measures and demonstrate comprehensive
knowledge;
‘‘(C) encourage and enable all State edu-
cational agencies and local educational agencies
to develop, implement, and strengthen com-
prehensive education improvement plans that
address student achievement, teacher quality,
parent involvement, and reliable measurement
and evaluation methods; and
‘‘(D) encourage and enable all States to
develop and implement value-added assess-
ments, including model value-added assessments
identified by the Secretary under section
7004(a)(6); and
‘‘(3) using the remaining 95 percent of the
grant funds, make grants by allocating to each local
educational agency in the State having a local edu-
cational 
agency 
plan 
approved 
under 
section
6005(b)(3) the sum of—
‘‘(A) an amount that bears the same rela-
tionship to 50 percent of such remainder as the
328
amount the local educational agency received
under part A of title I bears to the amount all
local educational agencies in the State received
under such part; and
‘‘(B) an amount that bears the same rela-
tionship to 50 percent of such remainder as the
school-age population in the area served by the
local educational agency bears to the school-age
population in the area served by all local edu-
cational agencies in the State.
‘‘(b) MATCHING REQUIREMENT.—
‘‘(1) IN
GENERAL.—Each eligible local edu-
cational agency receiving a grant under subsection
(a) shall contribute resources with respect to the
local authorized activities to be assisted under this
title in case or in-kind from non-Federal sources in
an amount equal to 25 percent of the Federal funds
awarded under the grant.
‘‘(2) WAIVER.—A local educational agency may
apply to the State educational agency may grant a
waiver of the requirements of paragraph (1) to a
local educational agency that—
‘‘(A) applies for such a waiver; and
‘‘(B) demonstrates extreme circumstances
for being unable to meet such requirements.
329
‘‘SEC. 6005. PLANS.
‘‘(a) STATE PLANS.—
‘‘(1) IN
GENERAL.—The State educational
agency for each State desiring a grant under this
title shall submit a State plan to the Secretary at
such time, in such manner, and accompanied by
such information as the Secretary may require.
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as
part of a consolidated plan under section 8302.
‘‘(3) CONTENTS.—Each plan submitted under
paragraph (1) shall—
‘‘(A) describe how the State educational
agency will assist each local educational agency
and school served under this title to comply
with the requirements described in section 6006
that are applicable to the local educational
agency or school;
‘‘(B) certify that the State has in place the
standards and assessments required under sec-
tion 1111;
‘‘(C) certify that the State educational
agency has a system, as required under section
1111, for—
‘‘(i) holding each local educational
agency and school accountable for ade-
330
quate yearly progress (as defined in section
1111(b)(2)(B));
‘‘(ii) 
identifying 
local 
educational
agencies and schools that are in need of
improvement and corrective action (as re-
quired in sections 1116 and 1117);
‘‘(iii) assisting local educational agen-
cies and schools that are identified for im-
provement with the development of im-
provement plans; and
‘‘(iv) providing technical assistance,
professional development, and other capac-
ity building as needed to get such agencies
and schools out of improvement status;
‘‘(D) certify that the State educational
agency shall use the disaggregated results of
student assessments required under section
1111(b)(4), and other measures or indicators
available, to review annually the progress of
each local educational agency and school served
under this title to determine whether or not
each such agency and school is making ade-
quate yearly progress as required under section
1111;
331
‘‘(E) certify that the State educational
agency will take action against a local edu-
cational agency that is in corrective action and
receiving funds under this title as described in
section 6006(d)(1);
‘‘(F) describe what, if any, State and other
resources will be provided to local educational
agencies and schools served under this title to
carry out activities consisted with this title; and
‘‘(G) certify that the State educational
agency has a system to hold local educational
agencies accountable for meeting the annual
performance objectives required under sub-
section (b)(2)(C).
‘‘(4) APPROVAL.—The Secretary, using a peer
review process, shall approve a State plan if the
State plan meets the requirements of this sub-
section.
‘‘(5) DURATION
OF
THE
PLAN.—Each State
plan shall remain in effect for the duration of the
State’s participation under this title.
‘‘(6) REQUIREMENT.—A State shall not be eli-
gible to receive funds under this title unless the
State has established the standards and assessments
required under section 1111.
332
‘‘(b) LOCAL PLANS.—
‘‘(1) IN
GENERAL.—Each local educational
agency shall annually submit a local educational
agency plan to the State educational agency at such
time, in such manner, and accompanied by such in-
formation as the State educational agency may re-
quire.
‘‘(2) CONTENTS.—Each local educational agen-
cy shall—
‘‘(A) describe the programs for which
funds allocated under section 6004(3) will be
used and the reasons for the selection of such
programs;
‘‘(B) describe the methods the local edu-
cational agency will use to measure the annual
impact of programs described under subpara-
graph (A) and the extent to which such pro-
grams will increase student academic perform-
ance;
‘‘(C) describe the annual, quantifiable, and
measurable performance goals and objectives
for each program described under subparagraph
(A) and the extent to which such goals and ob-
jectives are aligned with State content and stu-
dent performance standards;
333
‘‘(D) describe how the local educational
agency will hold schools accountable for meeting
the intended performance objectives for each
program described under subparagraph (C);
‘‘(E) provide an assurance that the local
educational agency has met the local plan re-
quirements described in section 1112 for—
‘‘(i) holding schools accountable for
adequate yearly progress, including meet-
ing annual numerical goals for improving
the performance of all groups of students
based on the student performance stand-
ards set by the State under section
1111(b)(1)(D)(ii);
‘‘(ii) identifying schools for school im-
provement or corrective action;
‘‘(iii) fulfilling the local educational
agency’s school improvement responsibil-
ities described in section 1116, including
taking corrective actions under section
1116(c)(10); and
‘‘(iv) providing technical assistance,
professional development, or other capacity
building to schools served by the agency;
334
‘‘(F) certify that the local educational
agency will take action against a school that is
in corrective action and receiving funds under
this title as described under section 6006(d)(2);
‘‘(G) describe what State and local re-
sources will be contributed to carrying out pro-
grams described under subparagraph (A);
‘‘(H) provide assurances that the local edu-
cational agency consulted, at a minimum, with
parents, school board members, teachers, ad-
ministrators, business partners, education orga-
nizations, and community groups to develop the
local educational plan and select the programs
to be assisted under this title; and
‘‘(J) provide assurances that the local edu-
cational agency will continue such consultation
on a regular basis and will provide the State
with annual evidence of such consultation.
‘‘(3) APPROVAL.—The State, using a peer re-
view process, shall approve a local educational agen-
cy plan if the plan meets the requirements of this
subsection.
‘‘(4) DURATION
OF
THE
PLAN.—Each local
educational agency plan shall remain in effect for
335
the duration of the local educational agency’s par-
ticipation under this title.
‘‘(5) PUBLIC REVIEW.—Each State educational
agency will make publicly available each local edu-
cational agency plan approved under paragraph (3).
‘‘SEC. 6006. LOCAL USES OF FUNDS AND ACCOUNTABILITY.
‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu-
cational agency receiving a grant award under section
6004(3) may use not more than 1 percent of the grant
funds for any fiscal year for the cost of administering this
title.
‘‘(b) REQUIRED ACTIVITIES.—Each local educational
agency receiving a grant award under section 6004(3)
shall use the grant funds pursuant to this subsection to
establish and carry out programs that are designed to
achieve, separately or cumulatively, each of the goals de-
scribed in the category areas described in paragraphs (1)
through (4).
‘‘(1) SCHOOL IMPROVEMENT.—Each local edu-
cational agency shall use 30 percent of the grant
funds—
‘‘(A) in the case of a school that has been
identified as being in need of improvement
under section 1116(c), for activities or strate-
gies that are described in section 1116(c) that
336
focus on removing such school from improve-
ment status; or
‘‘(B) for programs that seek to raise the
academic achievement levels of all elementary
school and secondary school students based on
challenging State content and student perform-
ance standards and, to the greatest extent pos-
sible,—
‘‘(i) incorporate the best practices de-
veloped from research-based methods and
practices;
‘‘(ii) are aligned with challenging
State content and performance standards
and focused on reinforcing and boosting
the core academic skills and knowledge of
students who are struggling academically,
as determined by State assessments under
section 1111(b)(4) and local evaluations;
‘‘(iii) focus on accelerated learning
rather than remediation, so that students
will master the high level of skills and
knowledge needed to meet the highest
State standards or to perform at high lev-
els on all State assessments;
337
‘‘(iv) offer teachers, principals, and
administrators professional development
and technical assistance that are aligned
with the content of such programs; and
‘‘(v) address local needs, as deter-
mined by the local educational agency’s
evaluation of school and districtwide data.
‘‘(2) 21ST
CENTURY
OPPORTUNITIES.—Each
local educational agency shall use 25 percent of the
grant funds for—
‘‘(A) programs that provide for extra
learning, time, and opportunities for students
so that all students may achieve high levels of
learning and meet the State proficient standard
level within 10 years of the date of enactment
of the Public Education Reinvestment, Reinven-
tion, and Responsibility Act;
‘‘(B) programs to improve higher order
thinking skills of all students, especially dis-
advantaged students;
‘‘(C) promising innovative education re-
form projects that are consistent with chal-
lenging State content and student performance
standards; or
338
‘‘(D) programs that focus on ensuring that
disadvantaged students enter elementary school
with the basic skills needed to meet the highest
State content and student performance stand-
ards.
‘‘(3) SAFE
LEARNING
ENVIRONMENTS.—Each
local educational agency shall use 15 percent of the
grant funds for programs that help ensure that all
elementary school and secondary school students
learn in a safe and supportive environment by—
‘‘(A) reducing drugs, violence, and other
high-risk behavior in schools;
‘‘(B) providing safe, extended-day opportu-
nities for students;
‘‘(C) providing professional development
activities for teachers, principals, mental health
professionals, and guidance counselors in deal-
ing with students exhibiting distress (such as
substance abuse, disruptive behavior, and suici-
dal behavior);
‘‘(D) recruiting or retaining high-quality
mental health professionals;
‘‘(E) providing character education for stu-
dents; or
339
‘‘(F) meeting other objectives that are es-
tablished under State standards regarding safe-
ty or that address local community concerns.
‘‘(4) NEW ECONOMY TECHNOLOGY SCHOOLS.—
‘‘(A) IN GENERAL.—Each local educational
agency shall use 30 percent of the grant funds
to establish technology programs that will
transform schools into New Economy Tech-
nology Schools (NETs) and, to the greatest ex-
tent possible, will—
‘‘(i) increase student performance re-
lated to an authentic task;
‘‘(ii) integrate the use of technology
into activities that are a core part of class-
room curricula and are available to all stu-
dents;
‘‘(iii) emphasize how to use technology
to accomplish authentic tasks;
‘‘(iv) provide professional development
and technical assistance to teachers so that
teachers may integrate technology into
daily teaching activities that are directly
aligned with State content and student
performance standards; and
340
‘‘(v) enable the local educational agen-
cy annually to increase the percentage of
classrooms with access to technology, par-
ticularly in schools in which not less than
50 percent of the school-age population
comes from families with incomes below
the poverty line (as defined by the Office
of Management and Budget, and revised
annually in accordance with section 673(2)
of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
‘‘(B) LIMITATION.—Each local educational
agency shall use not more than 50 percent of
the grant funds described in subparagraph (A)
to purchase, upgrade, or retrofit computer
hardware in schools in which not less than 50
percent of the school-age population comes from
families at or below the poverty line, as defined
in subparagraph (A)(v).
‘‘(c) TRANSFER OF FUNDS.—Notwithstanding sub-
section (b)—
‘‘(1) a local educational agency that meets ade-
quate yearly progress requirements for student per-
formance, as established by the State educational
341
agency under section 1111, may allocate, at the local
educational agency’s discretion, not more than 30
percent of the grant funds received under section
6004(3) among the 4 funding categories described in
subsection (b);
‘‘(2) a local educational agency that exceeds the
adequate yearly progress requirements described in
paragraph (1) by a significant amount, as deter-
mined by the State educational agency, may allocate,
at the local educational agency’s discretion, not more
than 50 percent of the grant funds received under
section 6004(3) among the 4 funding categories de-
scribed in subsection (b); and
‘‘(3) a local educational agency that is identi-
fied as in need of improvement, as defined under
section 1117, may apply not more than 25 percent
of the grant funds described in subsection (b)(2),
(3), or (4) to school improvement activities described
in subsection (b)(1).
‘‘(d) LIMITATIONS FOR SCHOOLS AND LOCAL EDU-
CATIONAL AGENCIES IN CORRECTIVE ACTION.—
‘‘(1) LOCAL EDUCATIONAL AGENCIES IN COR-
RECTIVE ACTION.—If a local educational agency is
identified 
for 
corrective 
action 
under 
section
1116(d), the State educational agency shall—
342
‘‘(A) notwithstanding any other provision
of law, specify how the local educational agency
shall spend the grant funds in order to focus
the local educational agency on activities that
will be the most effective in raising student per-
formance levels; and
‘‘(B) implement corrective action in ac-
cordance with the provisions for corrective ac-
tion described in section 1116(d).
‘‘(2) SCHOOLS IN CORRECTIVE ACTION.—If a
school is identified for corrective action under sec-
tion 1116(c), the local educational agency shall—
‘‘(A) specify how the school shall spend
grant funds received under this section in order
to focus on activities that will be the most effec-
tive in raising student performance levels; and
‘‘(B) implement corrective action in ac-
cordance with the provisions for corrective ac-
tion described in section 1116(c)(10).
‘‘(3) 
DURATION.—Limitations 
imposed 
on
schools and local educational agencies in corrective
action under paragraphs (1) and (2) shall remain in
effect until such time as the school or local edu-
cational agency has made sufficient improvement, as
343
determined by the State educational agency, and is
no longer in corrective action.
‘‘SEC. 6007. STATE AND LOCAL RESPONSIBILITIES.
‘‘(a) DATA REVIEW.—
‘‘(1) STATE AND LOCAL REVIEW.—A State edu-
cational agency shall jointly review with a local edu-
cational agency described in section 6006(d)(1) the
local educational agency’s data gathered from stu-
dent assessments and other measures required under
section 1111(b)(4), in order to determine how the
local educational agency shall spend the grant funds
pursuant to section 6006(d)(1)(A) in order to sub-
stantially increase student performance levels.
‘‘(2) SCHOOL
AND
LOCAL
REVIEW.—A local
educational agency shall jointly review with a school
described in section 6006(d)(2) the school’s data
gathered from student assessments and other meas-
ures required under section 1111(b)(4), in order to
determine how the school shall spend grant funds
pursuant to section 6006(d)(2) in order to substan-
tially increase student performance levels.
‘‘(b) TECHNICAL ASSISTANCE.—
‘‘(1) STATE ASSISTANCE.—
‘‘(A) A State educational agency shall pro-
vide, upon request by a local educational agency
344
receiving grant funds under this title, technical
assistance to the local educational agency and
schools served by the local educational agency,
including assistance in analyzing student per-
formance and the impact of programs assisted
under this title and identifying the best instruc-
tional strategies and methods for carrying out
such programs.
‘‘(B) State assistance may be provided
by—
‘‘(i) the State educational agency; or
‘‘(ii) with the local educational agen-
cy’s approval, by an institution of higher
education, a private not-for-profit or for-
profit organization, an educational service
agency, the recipient of a Federal contract
or cooperative agreement as described in
section 7005, a nontraditional entity such
as a corporation or consulting firm, or any
other entity with experience in the pro-
gram area for which the assistance is being
sought.
‘‘(2) LOCAL ASSISTANCE.—
‘‘(A) A local educational agency shall pro-
vide, upon request by an elementary school or
345
secondary school served by the agency, technical
assistance to such school, including assistance
in analyzing student performance and the im-
pact of programs assisted under this title, and
identifying the best instructional strategies and
methods for carrying out such programs.
‘‘(B) Local assistance may be provided
by—
‘‘(i) the State educational agency or
local educational agency; or
‘‘(ii) with the school’s approval, by an
institution of higher education, a private
not-for-profit or for-profit organization, an
educational service agency, the recipient of
a Federal contract or cooperative agree-
ment as described in section 7005, a non-
traditional entity such as a corporation or
consulting firm, or any other entity with
experience in the program area for which
the assistance is being sought.
‘‘SEC. 6008. LOCAL REPORTS.
‘‘Each local educational agency receiving funds under
this title shall annually publish and disseminate to the
public in a format and, to the extent practicable, in a lan-
guage that parents can understand, a report on—
346
‘‘(1) information describing the use of funds in
the 4 category areas described in section 6006(b);
‘‘(2) the impact of such programs and an as-
sessment of such programs’ effectiveness; and
‘‘(3) the local educational agency’s progress to-
ward attaining the goals and objectives described
under section 6005(b), and the extent to which pro-
grams assisted under this title have increased stu-
dent achievement.
‘‘SEC. 6009. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title $2,700,000,000 for fiscal year 2001, and such
sums as may be necessary for each of the 4 succeeding
fiscal years.’’.
TITLE VII—ACCOUNTABILITY
SEC. 701. ACCOUNTABILITY.
Title VII of the Act (20 U.S.C. 7401 et seq.) is
amended to read as follows:
‘‘TITLE VII—ACCOUNTABILITY
‘‘SEC. 7001. SANCTIONS.
‘‘(a) THIRD FISCAL YEAR.—If performance objec-
tives established under a covered provision have not been
met by a State receiving grant funds under such provision
by the end of the third fiscal year for which the State
receives such grant funds, the Secretary shall reduce by
347
50 percent the amount the State is entitled to receive for
administrative expenses under such provision.
‘‘(b) FOURTH FISCAL YEAR.—If the State fails to
meet the performance objectives established under a cov-
ered provision by the end of the fourth fiscal year for
which the State receives grant funds under the covered
provision, the Secretary shall reduce the total amount the
State receives under title VI by 30 percent.
‘‘(c) DURATION.—If the Secretary determines, under
subsection (a) or (b), that a State failed to meet the per-
formance objectives established under a covered provision
for a fiscal year, the Secretary shall reduce grant funds
in accordance with subsection (a) or (b) for the State for
each subsequent fiscal year until the State demonstrates
that the State met the performance objectives for the fis-
cal year preceding the demonstration.
‘‘(d) TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance, if sought, to a State subjected
to sanctions under subsection (a) or (b).
‘‘(e) LOCAL SANCTIONS.—
‘‘(1) IN GENERAL.—Each State receiving assist-
ance under title I, II, III, or VI shall develop a sys-
tem to hold local educational agencies accountable
for meeting—
348
‘‘(A) the performance objectives estab-
lished under part A of title II, part A of title
III, and title VI; and
‘‘(B) the adequate yearly progress require-
ments established under part A of title I, and
required under part A of title III and title VI.
‘‘(2) SANCTIONS.—A system developed under
subsection (c) shall include a mechanism for sanc-
tioning local educational agencies for low perform-
ance with regard to failure to meet such perform-
ance objectives and adequate yearly progress levels.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) COVERED PROVISION.—The term ‘covered
provision’ means part A of title I, part A of title II,
part A of title III, and section 6005(b)(2)(C).
‘‘(2) PERFORMANCE
OBJECTIVES.—The term
‘performance objectives’ means in the case of—
‘‘(A) part A of title I, the adequate yearly
progress levels established under subsections
(b)(2)(A)(iii) and (b)(2)(B) of section 1111;
‘‘(B) part A of title II, the set of perform-
ance objectives established in section 2014;
‘‘(C) part A of title III, the set of perform-
ance objectives established in section 3109; and
349
‘‘(D) title VI, the set of performance objec-
tives set by each local educational agency in
section 6005(b)(2)(C).
‘‘SEC. 7002. REWARDING HIGH PERFORMANCE.
‘‘(a) STATE REWARDS.—
‘‘(1) IN
GENERAL.—From amounts appro-
priated under subsection (d), and from amounts
made available as a result of reductions under sec-
tion 7001, the Secretary shall make awards to
States that—
‘‘(A) for 3 consecutive years have—
‘‘(i) exceeded the States’ performance
objectives established for any title under
this Act;
‘‘(ii) exceeded their adequate yearly
progress 
levels 
established 
in 
section
1111(b);
‘‘(iii) significantly narrowed the gaps
between minority and non-minority stu-
dents, and between economically disadvan-
taged and non-economically disadvantaged
students;
‘‘(iv) raised all students to the pro-
ficient standard level prior to 10 years
from the date of enactment of the Public
350
Education Reinvention, Reinvestment, and
Responsibility Act; or
‘‘(v) significantly increased the per-
centage of core classes being taught by
fully qualified teachers teaching in schools
receiving funds under part A of title I; or
‘‘(B) by not later than fiscal year 2003,
ensure that all teachers teaching in the States’
public elementary schools and secondary schools
are fully qualified.
‘‘(2) STATE USE OF FUNDS.—
‘‘(A) DEMONSTRATION SITES.—Each State
receiving an award under paragraph (1) shall
use a portion of the award that is not distrib-
uted under subsection (b) to establish dem-
onstration sites with respect to high-performing
schools (based on achievement or performance
levels) objectives and adequate yearly progress
in order to help low-performing schools.
‘‘(B) IMPROVEMENT OF PERFORMANCE.—
Each State receiving an award under paragraph
(1) shall use the portion of the award that is
not used pursuant to subparagraph (A) or (C)
and is not distributed under subsection (b) for
the purpose of improving the level of perform-
351
ance of all elementary and secondary school
students in the State, based on State content
and performance standards.
‘‘(C) RESERVATION FOR ADMINISTRATIVE
EXPENSES.—Each State receiving an award
under paragraph (1) may set aside not more
than 1⁄2 of 1 percent of the award for the plan-
ning and administrative costs of carrying out
this section, including the costs of distributing
awards to local educational agencies.
‘‘(b) LOCAL EDUCATIONAL AGENCY AWARDS.—
‘‘(1) IN
GENERAL.—Each State receiving an
award under subsection (a)(1) shall distribute 80
percent of the award funds to local educational
agencies in the State that—
‘‘(A) for 3 consecutive years have—
‘‘(i) exceeded the State-established
local educational agency performance ob-
jectives established for any title under this
Act;
‘‘(ii) exceeded the adequate yearly
progress level established under section
1111(b)(2);
‘‘(iii) significantly narrowed the gaps
between minority and nonminority stu-
352
dents, and between economically disadvan-
taged and noneconomically disadvantaged
students;
‘‘(iv) raised all students enrolled in
schools within the local educational agency
to the proficient standard level prior to 10
years from the date of enactment of the
Public Education Reinvestment, Reinven-
tion, and Responsibility Act; or
‘‘(v) significantly increased the per-
centage of core classes being taught by
fully qualified teachers teaching in schools
receiving funds under part A of title I; or
‘‘(B) not later than December 31, 2003,
ensured that all teachers teaching in the ele-
mentary schools and secondary schools served
by the local educational agencies are fully quali-
fied; or
‘‘(C) 
have 
attained 
consistently 
high
achievement in another area that the State
deems appropriate to reward.
‘‘(2) SCHOOL-BASED PERFORMANCE AWARDS.—
A local educational agency may use funds made
available under paragraph (1) for activities such as
school-based performance awards.
353
‘‘(3) RESERVATION FOR ADMINISTRATIVE EX-
PENSES.—Each local educational agency receiving
an award under paragraph (1) may set aside not
more than 1⁄2 of 1 percent of the award for the plan-
ning and administrative costs of carrying out this
section, including the costs of distributing awards to
eligible elementary schools and secondary schools,
teachers, and principals.
‘‘(c) SCHOOL REWARDS.—Each local educational
agency receiving an award under subsection (b) shall con-
sult with teachers and principals to develop a reward sys-
tem, and shall use the award funds—
‘‘(1) to reward individual schools that dem-
onstrate high performance with respect to—
‘‘(A) increasing the academic achievement
of all students;
‘‘(B) narrowing the academic achievement
gap described in section 1111(b)(2)(B)(vii);
‘‘(C) improving teacher quality;
‘‘(D) increasing high-quality professional
development for teachers, principals, and ad-
ministrators; or
‘‘(E) improving the English proficiency of
limited English proficient students;
354
‘‘(2) to reward collaborative teams of teachers,
or teams of teachers and principals, that—
‘‘(A) significantly increase the annual per-
formance of low-performing students; or
‘‘(B) significantly improve in a fiscal year
the English proficiency of limited English pro-
ficient students;
‘‘(3) to reward principals who successfully raise
the performance of a substantial number of low-per-
forming students to high academic levels;
‘‘(4) to develop or implement school district-
wide programs or policies to increase the level of
student performance on State assessments that are
aligned with State content standards; and
‘‘(5) to reward schools for consistently high
achievement in another area that the local edu-
cational agency deems appropriate to reward.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$200,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(e) DEFINITION.—The term ‘low-performing stu-
dent’ means students who are below the basic State stand-
ard level.
355
‘‘SEC. 7003. SUPPLEMENT NOT SUPPLANT.
‘‘A State educational agency and local educational
agency shall use funds under this title to supplement, and,
not supplant, Federal, State, and local funds that, in the
absence of funds under this title, would otherwise be spent
for activities of the type described in section 7002.
‘‘SEC. 7004. SECRETARY’S ACTIVITIES.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, from amounts appropriated under sub-
section (b) and not reserved under subsection (c), the Sec-
retary may—
‘‘(1) support activities of the National Board
for Professional Teaching Standards;
‘‘(2) study and disseminate information regard-
ing model programs assisted under this Act;
‘‘(3) provide training and technical assistance
to States, local educational agencies, elementary
schools and secondary schools, Indian tribes, and
other recipients of grant funds under this Act that
are carrying out activities assisted under this Act,
including entering into contracts or cooperative
agreements with public or private nonprofit entities
or consortia of such entities, in order to provide
comprehensive training and technical assistance re-
lated to the administration and implementation of
activities assisted under this Act;
356
‘‘(4) support activities that will promote sys-
temic education reform at the State and local levels;
‘‘(5) award grants or contracts to public or pri-
vate nonprofit entities to enable the entities—
‘‘(A) to develop and disseminate exemplary
reading, mathematics, science, and technology
educational practices, and instructional mate-
rials to States, local educational agencies, and
elementary schools and secondary schools; and
‘‘(B) to provide technical assistance for the
implementation of teaching methods and assess-
ment tools for use by elementary schools and
secondary school students, teachers, and admin-
istrators;
‘‘(6) disseminate information on models of
value-added assessments;
‘‘(7) award a grant or contract to a public or
private nonprofit entity or consortium of such enti-
ties for the development and dissemination of exem-
plary programs and curricula for accelerated and ad-
vanced learning for all students, including gifted and
talented students;
‘‘(8) award a grant or contract with Reading Is
Fundamental, Inc. and other public or private non-
profit entities to support and promote programs
357
which include the distribution of inexpensive books
to students and literacy activities that motivate chil-
dren to read; and
‘‘(9) provide assistance to States—
‘‘(A) by assisting in the development of
English language development standards and
high-quality assessments, if requested by a
State participating in activities under subtitle A
of title III; and
‘‘(B) by developing native language tests
for limited English proficient students that a
State may administer to such students to assess
student achievement in at least reading, science,
and mathematics, consistent with section 1111.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$150,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(c) RESERVATION.—From the amounts appro-
priated under subsection (b) the Secretary shall reserve
$10,000,000 for the purposes of carrying out activities
under section 1202(c).’’.
358
TITLE VIII—GENERAL
PROVISIONS AND REPEALS
SEC. 801. REPEALS, TRANSFERS, AND REDESIGNATIONS RE-
GARDING TITLES VIII AND XIV.
(a) IN GENERAL.—The Act (20 U.S.C. 6301 et seq.)
is amended—
(1) by inserting after title VII the following:
‘‘TITLE VIII—GENERAL
PROVISIONS’’;
(2) by repealing sections 14514 and 14603 (20
U.S.C. 8904, 8923);
(3)(A) by transferring title XIV (20 U.S.C.
8801 et seq.) to title VIII and inserting such title
after the title heading for title VIII; and
(B) by striking the title heading for title XIV;
(4)(A) by redesignating part H of title VIII (as
redesignated by paragraph (3)) as part I of title
VIII; and
(B) by redesignating the references to part H
of title VIII as references to part I of title VIII;
(5) by inserting after part G of title VIII the
following: