H. R. 6—297
‘‘(A) be comprehensive in addressing the personal,
social, emotional, and educational needs of all students;
‘‘(B) use a developmental, preventive approach to coun-
seling;
‘‘(C) increase the range, availability, quantity, and
quality of counseling services in the elementary schools
of the local educational agency;
‘‘(D) expand counseling services only through qualified
school counselors, school psychologists, and school social
workers;
‘‘(E) use innovative approaches to increase children’s
understanding of peer and family relationships, work and
self, decisionmaking, academic and career planning, or to
improve social functioning;
‘‘(F) provide counseling services that are well-balanced
among classroom group and small group counseling,
individual counseling, and consultation with parents, teach-
ers, administrators, and other pupil services personnel;
‘‘(G) include inservice training for school counselors,
school social workers, school psychologists, other pupil serv-
ices personnel, teachers, and instructional staff;
‘‘(H) involve parents of participating students in the
design, implementation, and evaluation of a counseling
program;
‘‘(I) involve collaborative efforts with institutions of
higher education, businesses, labor organizations, commu-
nity groups, social service agencies, or other public or
private entities to enhance the program and promote
school-linked services integration; and
‘‘(J) evaluate annually the effectiveness and outcomes
of the counseling services and activities assisted under
this section.
‘‘(3) REPORT.—The Secretary shall issue a report evaluating
the programs assisted pursuant to each grant under this sub-
section at the end of each grant period in accordance with
section 14701, but in no case later than January 30, 1998.
‘‘(4) DISSEMINATION.—The Secretary shall make the pro-
grams assisted under this section available for dissemination,
either through the National Diffusion Network or other appro-
priate means.
‘‘(5) LIMIT ON ADMINISTRATION.—Not more than five percent
of the amounts made available under this section in any fiscal
year shall be used for administrative costs to carry out this
section.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘school counselor’ means an individual who
has documented competence in counseling children and adoles-
cents in a school setting and who—
‘‘(A) possesses State licensure or certification granted
by an independent professional regulatory authority;
‘‘(B) in the absence of such State licensure or certifi-
cation, possesses national certification in school counseling
or a specialty of counseling granted by an independent
professional organization; or
‘‘(C) holds a minimum of a master’s degree in school
counseling from a program accredited by the Council for
H. R. 6—298
Accreditation of Counseling and Related Educational Pro-
grams or the equivalent;
‘‘(2) the term ‘school psychologist’ means an individual
who—
‘‘(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of higher
education and has completed 1,200 clock hours in a super-
vised school psychology internship, of which 600 hours
shall be in the school setting;
‘‘(B) possesses State licensure or certification in the
State in which the individual works; or
‘‘(C) in the absence of such State licensure or certifi-
cation, possesses national certification by the National
School Psychology Certification Board;
‘‘(3) the term ‘school social worker’ means an individual
who holds a master’s degree in social work and is licensed
or certified by the State in which services are provided or
holds a school social work specialist credential; and
‘‘(4) the term ‘supervisor’ means an individual who has
the equivalent number of years of professional experience in
such individual’s respective discipline as is required of teaching
experience for the supervisor or administrative credential in
the State of such individual.
‘‘SEC. 10103. PARTNERSHIPS 
IN 
CHARACTER 
EDUCATION 
PILOT
PROJECT.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized to make
up to a total of ten grants annually to partnerships of State
educational agencies and local educational agencies for the
design and implementation of character education programs
that incorporate the elements of character listed in subsection
(d), as well as other character elements identified by applicants.
‘‘(2) MAXIMUM AMOUNT OF GRANT.—No State educational
agency shall receive more than a total of $1,000,000 in grants
under this part.
‘‘(3) DURATION.—Each grant under this section shall be
awarded for a period not to exceed five years, of which the
State educational agency shall not use more than one year
for planning and program design.
‘‘(b) STATE EDUCATIONAL AGENCY APPLICATIONS.—
‘‘(1) REQUIREMENT.—Each State educational agency desir-
ing a grant under this section shall submit an application
to the Secretary at such time and in such manner as the
Secretary may require.
‘‘(2) PARTNERSHIPS.—Each State educational agency desir-
ing a grant under this section shall form a partnership with
at least one local educational agency to be eligible for funding.
The partnership shall pursue State and local initiatives to
meet the objectives of this section.
‘‘(3) APPLICATION.—Each application under this section
shall include—
‘‘(A) a list of the local educational agencies entering
into the partnership with the State educational agency;
‘‘(B) a description of the goals of the partnership;
‘‘(C) a description of activities that will be pursued
by the participating local educational agencies, including—
H. R. 6—299
‘‘(i) how parents, students, and other members of
the community, including members of private and non-
profit organizations, will be involved in the design
and implementation of the program;
‘‘(ii) curriculum and instructional practices;
‘‘(iii) methods of teacher training and parent edu-
cation that will be used or developed; and
‘‘(iv) examples of activities that will be carried
out under this part;
‘‘(D) a description of how the State educational agency
will provide technical and professional assistance to its
local educational agency partners in the development and
implementation of character education programs;
‘‘(E) a description of how the State educational agency
will evaluate the success of local programs and how local
educational agencies will evaluate the progress of their
own programs;
‘‘(F) a description of how the State educational agency
will assist other interested local educational agencies that
are not members of the original partnership in designing
and establishing programs;
‘‘(G) a description of how the State educational agency
will establish a clearinghouse for information on model
programs, materials, and other information the State and
local educational agencies determine to be appropriate;
‘‘(H) an assurance that the State educational agency
will annually provide to the Secretary such information
as may be required to determine the effectiveness of the
program; and
‘‘(I) any other information that the Secretary may
require.
‘‘(4) NON-PARTNER
LOCAL
EDUCATIONAL
AGENCIES.—Any
local educational agency that was not a partner with the State
when the application was submitted may become a partner
by submitting an application for partnership to the State edu-
cational agency, containing such information that the State
educational agency may require.
‘‘(c) EVALUATION AND PROGRAM DEVELOPMENT.—
‘‘(1) REQUIREMENT.—Each State educational agency receiv-
ing a grant under this section shall submit to the Secretary
a comprehensive evaluation of the program assisted under this
part, including the impact on students, teachers, administra-
tors, parents, and others—
‘‘(A) by the mid-term of the program; and
‘‘(B) not later than one year after completion of such
program.
‘‘(2) CONTRACTS FOR EVALUATION.—Each State educational
agency receiving a grant under this section may contract with
outside sources, including institutions of higher education, and
private and nonprofit organizations, for purposes of evaluating
their program and measuring the success of the program toward
fostering in students the elements of character listed in sub-
section (b).
‘‘(3) FACTORS.—Factors which may be considered in evaluat-
ing the success of the program may include—
‘‘(A) discipline problems;
‘‘(B) students’ grades;
H. R. 6—300
‘‘(C) participation in extracurricular activities;
‘‘(D) parental and community involvement;
‘‘(E) faculty and administration involvement; and
‘‘(F) student and staff morale.
‘‘(4) MATERIALS AND PROGRAM DEVELOPMENT.—Local edu-
cational agencies, after consulting with the State educational
agency, may contract with outside sources, including institu-
tions of higher education, and private and nonprofit organiza-
tions, for assistance in developing curriculum, materials,
teacher training, and other activities related to character edu-
cation.
‘‘(d) ELEMENTS OF CHARACTER.—
‘‘(1) IN GENERAL.—Applicants desiring funding under this
part shall develop character education programs that incor-
porate the following elements of character:
‘‘(A) Caring.
‘‘(B) Civic virtue and citizenship.
‘‘(C) Justice and fairness.
‘‘(D) Respect.
‘‘(E) Responsibility.
‘‘(F) Trustworthiness.
‘‘(G) Any other elements deemed appropriate by the
members of the partnership.
‘‘(2) ADDITIONAL ELEMENTS OF CHARACTER.—A local edu-
cational agency participating under this section may, after con-
sultation with schools and communities of such agency, define
additional elements of character that the agency determines
to be important to the schools and communities of such agency.
‘‘(e) USE OF FUNDS.—Of the total funds received by a State
educational agency in any fiscal year under this section—
‘‘(1) not more than 30 percent of such funds may be retained
by the State educational agency, of which—
‘‘(A) not more than 10 percent of such funds may
be used for administrative purposes; and
‘‘(B) the remainder of such funds may be used for—
‘‘(i) collaborative initiatives with local educational
agencies;
‘‘(ii) the establishment of the clearinghouse,
preparation of materials, teacher training; and
‘‘(iii) other appropriate activities; and
‘‘(2) the remaining of such funds shall be used to award
subgrants to local educational agencies, of which—
‘‘(A) not more than 10 percent of such funds may
be retained for administrative purposes; and
‘‘(B) the remainder of such funds may be used to—
‘‘(i) award subgrants to schools within the local
educational agency; and
‘‘(ii) pursue collaborative efforts with the State
educational agency.
‘‘(f) SELECTION OF GRANTEES.—
‘‘(1) CRITERIA.—The Secretary shall select, through peer
review, partnerships to receive grants under this section on
the basis of the quality of the applications submitted under
subsection (b), taking into consideration such factors as—
‘‘(A) the quality of the activities proposed by local edu-
cational agencies;
H. R. 6—301
‘‘(B) the extent to which the program fosters in students
the elements of character;
‘‘(C) the extent of parental, student, and community
involvement;
‘‘(D) the number of local educational agencies involved
in the effort;
‘‘(E) the quality of the plan for measuring and assessing
success; and
‘‘(F) the likelihood that the goals of the program will
be realistically achieved.
‘‘(2) DIVERSITY OF PROJECTS.—The Secretary shall approve
applications under this section in a manner that ensures, to
the extent practicable, that programs assisted under this sec-
tion—
‘‘(A) serve different areas of the Nation, including
urban, suburban, and rural areas; and
‘‘(B) serve schools that serve minorities, Native Ameri-
cans, students of limited-English proficiency, and disadvan-
taged students.
‘‘SEC. 10104. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to award a
grant to a nonprofit organization to reimburse such organizations
for the costs of conducting scholar-athlete games to be held in
1995.
‘‘(b) PRIORITY.—In awarding the grant under subsection (a),
the Secretary shall give priority to a nonprofit organization that—
‘‘(1) is described in section 501(c)(3) of, and exempt from
taxation under section 501(a) of, the Internal Revenue Code
of 1986, and is affiliated with a university capable of hosting
a large educational, cultural, and athletic event that will serve
as a national model;
‘‘(2) has the capability and experience in administering
federally funded scholar-athlete games;
‘‘(3) has the ability to provide matching funds, on a dollar-
for-dollar basis, from foundations and the private sector for
the purpose of conducting a scholar-athlete program;
‘‘(4) has the organizational structure and capability to
administer a model scholar-athlete program in the summer
of 1995;
‘‘(5) has the organizational structure and expertise to rep-
licate the scholar-athlete program in various venues throughout
the United States in 1996 and thereafter, as well as replicate
such program internationally; and
‘‘(6) has plans for conducting scholar-athlete games after
1995 without Federal assistance.
‘‘SEC. 10105. SMALLER LEARNING COMMUNITIES.
‘‘(a) IN GENERAL.—Each local educational agency desiring a
grant under this 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 such application shall describe—
‘‘(1) strategies and methods the applicant will use to create
the smaller learning community or communities;
‘‘(2) curriculum and instructional practices, including any
particular themes or emphases, to be used in the learning
environment;
H. R. 6—302
‘‘(3) the extent of involvement of teachers and other school
personnel in investigating, designing, implementing and
sustaining the smaller learning community or communities;
‘‘(4) the process to be used for involving students, parents
and other stakeholders in the development and implementation
of the smaller learning community or communities;
‘‘(5) any cooperation or collaboration among community
agencies, organizations, businesses, and others to develop or
implement a plan to create the smaller learning community
or communities;
‘‘(6) the training and professional development activities
that will be offered to teachers and others involved in the
activities assisted under this part;
‘‘(7) the goals and objectives of the activities assisted under
this part, including a description of how such activities will
better enable all students to reach challenging State content
standards and State student performance standards;
‘‘(8) the methods by which the applicant will assess progress
in meeting such goals and objectives;
‘‘(9) if the smaller learning community or communities
exist as a school-within-a-school, the relationship, including
governance and administration, of the smaller learning commu-
nity to the rest of the school;
‘‘(10) a description of the administrative and managerial
relationship between the local educational agency and the
smaller learning community or communities, including how
such agency will demonstrate a commitment to the continuity
of the smaller learning community or communities, including
the continuity of student and teacher assignment to a particular
learning community;
‘‘(11) how the applicant will coordinate or use funds pro-
vided under this part with other funds provided under this
Act or other Federal laws;
‘‘(12) grade levels or ages of students who will participate
in the smaller learning community or communities; and
‘‘(13) the method of placing students in the smaller learning
community or communities, such that students are not placed
according to ability, performance or any other measure, so
that students are placed at random or by their own choice,
not pursuant to testing or other judgments.
‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this section may
be used—
‘‘(1) to study the feasibility of creating the smaller learning
community or communities as well as effective and innovative
organizational and instructional strategies that will be used
in the smaller learning community or communities;
‘‘(2) to research, develop and implement strategies for creat-
ing the smaller learning community or communities, as well
as effective and innovative changes in curriculum and instruc-
tion, geared to high State content standards and State student
performance standards;
‘‘(3) to provide professional development for school staff
in innovative teaching methods that challenge and engage stu-
dents to be used in the smaller learning community or commu-
nities; and
‘‘(4) to develop and implement strategies to include parents,
business representatives, local institutions of higher education,
H. R. 6—303
community-based organizations, and other community members
in the smaller learning communities, as facilitators of activities
that enable teachers to participate in professional development
activities, as well as to provide links between students and
their community.
‘‘SEC. 10106. NATIONAL STUDENT AND PARENT MOCK ELECTION.
‘‘(a) IN GENERAL.—The Secretary is authorized to award grants
to national nonprofit, nonpartisan organizations that work to pro-
mote voter participation in American elections to enable such
organizations to carry out voter education activities for students
and their parents. Such activities shall—
‘‘(1) be limited to simulated national elections that permit
participation by students and parents from all 50 States in
the United States; and
‘‘(2) consist of—
‘‘(A) school forums and local cable call-in shows on
the national issues to be voted upon in an ‘issue forum’;
‘‘(B) speeches and debates before students and parents
by local candidates or stand-ins for such candidates;
‘‘(C) quiz team competitions, mock press conferences
and speechwriting competitions;
‘‘(D) weekly meetings to follow the course of the cam-
paign; or
‘‘(E) school and neighborhood campaigns to increase
voter turnout, including newsletters, posters, telephone
chains, and transportation.
‘‘(b) REQUIREMENT.—Each organization receiving a grant under
this section shall present awards to outstanding student and parent
mock election projects.
‘‘SEC. 10107. MODEL PROJECTS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized to
award grants to cultural institutions to enable such institutions
to develop and expand model projects of outreach activities for
at-risk children in the communities served by such institutions,
including activities which integrate such institution’s cultural
programming with other disciplines, including environmental,
mathematics, and science programs.
‘‘(b) PRIORITY.—In awarding grants under this section the Sec-
retary shall give priority to activities that are part of an overall
State, local, and private commitment, seek to improve learning
for at-risk youth, and are substantially funded by State, local,
or private funds.
‘‘PART B—GIFTED AND TALENTED CHILDREN
‘‘SEC. 10201. SHORT TITLE.
‘‘This part may be cited as the ‘Jacob K. Javits Gifted and
Talented Students Education Act of 1994’.
‘‘SEC. 10202. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds and declares that—
‘‘(1) all students can learn to high standards and must
develop their talents and realize their potential if the United
States is to prosper;
H. R. 6—304
‘‘(2) gifted and talented students are a national resource
vital to the future of the Nation and its security and well-
being;
‘‘(3) too often schools fail to challenge students to do their
best work, and students who are not challenged will not learn
to challenging State content standards and challenging State
student performance standards, fully develop their talents, and
realize their potential;
‘‘(4) unless the special abilities of gifted and talented stu-
dents are recognized and developed during such students’
elementary and secondary school years, much of such students’
special potential for contributing to the national interest is
likely to be lost;
‘‘(5) gifted and talented students from economically dis-
advantaged families and areas, and students of limited-English
proficiency are at greatest risk of being unrecognized and of
not being provided adequate or appropriate educational serv-
ices;
‘‘(6) State and local educational agencies and private non-
profit schools often lack the necessary specialized resources
to plan and implement effective programs for the early identi-
fication of gifted and talented students and for the provision
of educational services and programs appropriate to their spe-
cial needs;
‘‘(7) the Federal Government can best carry out the limited
but essential role of stimulating research and development
and personnel training and providing a national focal point
of information and technical assistance that is necessary to
ensure that the Nation’s schools are able to meet the special
educational needs of gifted and talented students, and thereby
serve a profound national interest; and
‘‘(8) the experience and knowledge gained in developing
and implementing programs for gifted and talented students
can and should be used as a basis to—
‘‘(A) develop a rich and challenging curriculum for all
students; and
‘‘(B) provide all students with important and challeng-
ing subject matter to study and encourage the habits of
hard work.
‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of this part—
‘‘(1) to provide financial assistance to State and local edu-
cational agencies, institutions of higher education, and other
public and private agencies and organizations, to initiate a
coordinated program of research, demonstration projects,
personnel training, and similar activities designed to build a
nationwide capability in elementary and secondary schools to
meet the special educational needs of gifted and talented stu-
dents;
‘‘(2) to encourage the development of rich and challenging
curricula for all students through the appropriate application
and adaptation of materials and instructional methods devel-
oped under this part; and
‘‘(3) to supplement and make more effective the expenditure
of State and local funds, for the education of gifted and talented
students.
H. R. 6—305
‘‘SEC. 10203. CONSTRUCTION.
‘‘Nothing in this part shall be construed to prohibit a recipient
of funds under this part from serving gifted and talented students
simultaneously with students with similar educational needs, in
the same educational settings where appropriate.
‘‘SEC. 10204. AUTHORIZED PROGRAMS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN GENERAL.—From the sums appropriated under sec-
tion 10207 in any fiscal year the Secretary (after consultation
with experts in the field of the education of gifted and talented
students) shall make grants to or enter into contracts with
State educational agencies, local educational agencies, institu-
tions of higher education, or other public agencies and private
agencies and organizations (including Indian tribes and Indian
organizations (as such terms are defined by the Indian Self-
Determination and Education Assistance Act) and Native
Hawaiian organizations) to assist such agencies, institutions,
and organizations which submit applications in carrying out
programs or projects authorized by this part that are designed
to meet the educational needs of gifted and talented students,
including the training of personnel in the education of gifted
and talented students and in the use, where appropriate, of
gifted and talented services, materials, and methods for all
students.
‘‘(2) APPLICATION.—Each entity desiring assistance under
this part shall submit an application to the Secretary at such
time, in such manner, and containing such information as
the Secretary may reasonably require. Each such application
shall describe how—
‘‘(A) the proposed gifted and talented services, mate-
rials, and methods can be adapted, if appropriate, for use
by all students; and
‘‘(B) the proposed programs can be evaluated.
‘‘(b) USES OF FUNDS.—Programs and projects assisted under
this section may include—
‘‘(1) professional development (including fellowships) for
personnel (including leadership personnel) involved in the edu-
cation of gifted and talented students;
‘‘(2) establishment and operation of model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating stu-
dents who may not be served by traditional gifted and talented
programs, summer programs, mentoring programs, service
learning programs, and cooperative programs involving busi-
ness, industry, and education;
‘‘(3) training of personnel and parents involved in gifted
and talented programs with respect to the impact of gender
role socialization on the educational needs of gifted and talented
children and in gender equitable education methods, techniques
and practices;
‘‘(4) implementing innovative strategies, such as coopera-
tive learning, peer tutoring and service learning;
‘‘(5) strengthening the capability of State educational agen-
cies and institutions of higher education to provide leadership
and assistance to local educational agencies and nonprofit pri-
vate schools in the planning, operation, and improvement of