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‘‘(1) The term ‘distance learning’ means the
transmission of educational or instructional program-
ming to geographically dispersed individuals and
groups via telecommunications.
‘‘(2) The term ‘eligible local entity’ means—
‘‘(A) a high-need local educational agency;
or
‘‘(B) an eligible local partnership.
‘‘(3) The term ‘eligible local partnership’ means
a partnership that includes at least one high-need
local educational agency and at least one—
‘‘(A) local educational agency that can dem-
onstrate that teachers in schools served by that
agency are effectively integrating technology and
proven teaching practices into instruction, based
on scientifically based research, that result in
improvement in—
‘‘(i) classroom instruction in the core
academic subject areas; and
‘‘(ii) the preparation of students to
meet challenging State academic content
and student academic achievement stand-
ards;
‘‘(B) institution of higher education that is
in full compliance with the reporting require-
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ments of section 207(f) of the Higher Education
Act of 1965 (20 U.S.C. 1027(f)) and that has not
been identified by its State as low-performing
under section 208 of such Act (20 U.S.C. 1028);
‘‘(C) for-profit business or organization that
develops, designs, manufactures, or produces
technology products or services, or has substan-
tial expertise in the application of technology; or
‘‘(D) public or private nonprofit organiza-
tion with demonstrated experience in the appli-
cation of educational technology.
‘‘(4) The term ‘high-need local educational agen-
cy’ means a local educational agency that—
‘‘(A) is among the local educational agen-
cies in the State with the highest numbers or
percentages of children from families with in-
comes 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));
‘‘(B) includes one or more schools identified
under section 1116; and
‘‘(C) has a substantial need for assistance
in acquiring and using technology.
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‘‘Subpart 1—State and Local Technology for Success
Grants
‘‘SEC. 5211. DETERMINATION OF AMOUNT OF STATE ALLOT-
MENT.
‘‘(a) IN GENERAL.—Except as otherwise provided in
this subpart, each State shall be eligible to receive a grant
under this subpart for a fiscal year in an allotment deter-
mined as follows:
‘‘(1) 50 percent shall bear the same relationship
to 
the 
amount 
made 
available 
under 
section
5203(b)(1) for such year as the amount such State re-
ceived under part A for title I for such year bears to
the amount received for such year under such part by
all States.
‘‘(2) 50 percent shall be determined on the basis
of the State’s relative population of individuals age 5
through 17, as determined by the Secretary on the
basis of the most recent satisfactory data.
‘‘(b) RESERVATION OF FUNDS FOR BUREAU OF INDIAN
AFFAIRS AND OUTLYING AREAS.—Of the amount made
available to carry out this subpart under section 5203(b)(1)
for a fiscal year—
‘‘(1) the Secretary shall reserve 1⁄2 of 1 percent
for the Secretary of the Interior for programs under
this subpart for schools operated or funded by the Bu-
reau of Indian Affairs; and
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‘‘(2) the Secretary shall reserve 1⁄2 of 1 percent
to provide assistance under this subpart to the out-
lying areas.
‘‘(c) MINIMUM ALLOTMENT.—The amount of any
State’s allotment under subsection (a) for any fiscal year
may not be less than 1⁄2 of 1 percent of the amount made
available under section 5203(b)(1) for such year.
‘‘(d) REALLOTMENT
OF UNUSED FUNDS.—If any
State does not apply for an allotment under this subpart
for a fiscal year, or does not use its entire allotment for
that fiscal year, the Secretary shall reallot the amount of
the State’s allotment, or the unused portion thereof, to the
remaining States in accordance with this section.
‘‘SEC. 5212. USE OF ALLOTMENT BY STATE.
‘‘(a) IN GENERAL.—Of the amount provided to a State
from its allotment under section 5211—
‘‘(1) the State may use not more than 5 percent
to carry out activities under section 5215; and
‘‘(2) subject to subsection (b), not less than 95
percent shall be distributed by the State as follows:
‘‘(A) 60 percent of such amount shall—
‘‘(i) be awarded to local educational
agencies that have submitted applications to
the State under section 5214 (which, in the
case of a local educational agency that is an
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eligible local entity, may be combined with
an application for funds awarded under
subparagraph (B)), in an amount that
bears the same relationship to the amount
made available under section 5211(a) for
such year as the amount such local edu-
cational agency received under part A of
title I for such year bears to the amount re-
ceived for such year under such part by all
local educational agencies within the State;
and
‘‘(ii) be used for the activities described
in section 5216.
‘‘(B) 40 percent of such amount shall be
awarded through a State-determined competitive
process to eligible local entities that have sub-
mitted applications to the State under section
5214 (which, in the case of an eligible local enti-
ty that is a local educational agency, may be
combined with an application for funds provided
under subparagraph (A)), to be used to carry out
activities consistent with activities described in
section 5216.
‘‘(b) CONTINUATION
OF AWARDS.—Notwithstanding
section 3 of the No Child Left Behind Act of 2001, a State
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shall make continuation awards on multiyear grants
awarded by the State under section 3132(a)(2) (as in effect
on the day preceding the date of enactment of such Act)
from the funds described in subsection (a)(2) for the shorter
of—
‘‘(1) the duration of the original grant period; or
‘‘(2) two years after the date of enactment of
such Act.
‘‘SEC. 5213. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit an application to
the Secretary containing a new or updated statewide, long-
range strategic educational technology plan (which shall
consider the educational technology needs of local edu-
cational agencies), and such other information as the Sec-
retary may reasonably require, at such time and in such
manner as the Secretary may specify.
‘‘(b) CONTENTS.—Each State application submitted
under this section shall include the following:
‘‘(1) A description of how the State will use
funds provided under this subpart to improve the aca-
demic achievement of all students and to improve the
capacity of all teachers to provide instruction in the
State through the use of education technology.
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‘‘(2) A description of the State’s goals for using
advanced technology to improve student achievement
aligned to challenging State academic content and
student academic achievement standards.
‘‘(3) A description of how the State will take
steps (including through public and private partner-
ships) to ensure that all students and teachers in the
State, particularly those residing or teaching in dis-
tricts served by high-need local educational agencies,
will have increased access to educational technology.
‘‘(4) A description of—
‘‘(A) how the State will ensure that ongoing
integration of technology into instructional strat-
egies and school curricula in all schools in the
State so that technology will be fully integrated
into those schools by December 31, 2006; and
‘‘(B) the process and accountability meas-
ures the State will use for the evaluation of such
integration, 
including 
whether 
such
integration—
‘‘(i) has increased the ability of teach-
ers to teach effectively; and
‘‘(ii) has enabled students to meet chal-
lenging State academic content and student
academic achievement standards.
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‘‘(5) A description of how the State will encour-
age the development and utilization of innovative
strategies for the delivery of specialized or rigorous
academic courses and curricula through the use of
technology and distance learning, particularly for
those areas of the State that would not otherwise have
access to such courses and curricula due to geo-
graphical isolation or insufficient resources.
‘‘(6) An assurance that financial assistance pro-
vided under this subpart shall supplement, not sup-
plant, State and local funds.
‘‘(7) A description of how the State will ensure
that every teacher and principal within a school
funded under this subpart will be computer-literate
and proficient (as determined by the State) by De-
cember 31, 2006.
‘‘(8) A description of how the State will ensure
that each grant under section 5212(a)(2)(B) to an eli-
gible local applicant is of sufficient duration, size,
scope, and quality to carry out the purposes of this
part effectively.
‘‘(9) A description of how the State educational
agency will provide technical assistance to eligible
local applicants, and its capacity for providing such
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assistance, including developing public and private
partnerships under this part.
‘‘(c) DEEMED APPROVAL.—A State application sub-
mitted to the Secretary under this section shall be deemed
to be approved by the Secretary unless the Secretary makes
a written determination, prior to the expiration of the 90-
day period that begins on the date the Secretary receives
the complete application, that the application does not rea-
sonably meet the purposes of this subpart.
‘‘(d) DISAPPROVAL.—The Secretary may issue a final
disapproval of a State’s application under this subpart
only after giving the State notice and an opportunity for
a hearing.
‘‘(e) DISSEMINATION OF INFORMATION ON STATE AP-
PLICATIONS.—The Secretary shall make information on
State applications under this subpart widely available to
schools and the general public, including through dissemi-
nation on the Internet, in a timely and user-friendly man-
ner.
‘‘SEC. 5214. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—An applicant seeking to receive
funds from a State under this subpart shall submit to the
State an application containing a new or updated long-
range local strategic educational technology plan consistent
with the objectives of the statewide education technology
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•HR 1 RH1&2
plan described in section 5213(a), and such other informa-
tion as the State may reasonably require, at such time, and
in such manner as the State may specify.
‘‘(b) CONTENTS OF LOCAL APPLICATION.—Each local
application described in this section shall include the fol-
lowing:
‘‘(1) A description of how the applicant will use
Federal funds provided under this subpart to improve
the academic achievement of all students and to im-
prove the capacity of all teachers to provide instruc-
tion through the use of education technology.
‘‘(2) A description of the applicant’s specific
goals for using advanced technology to improve stu-
dent achievement aligned to challenging State aca-
demic content and student academic achievement
standards.
‘‘(3) A description of—
‘‘(A) how the applicant will take steps to
ensure that all students and teachers in schools
served by the local educational agency (particu-
larly those in high-poverty and high-need
schools) have increased access to educational
technology; and
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emerging technologies and teaching practices that are
linked to such emerging technologies to provide chal-
lenging content and improved classroom instruction.
‘‘(6) A description of how the applicant will co-
ordinate education technology activities funded under
this subpart, including professional development, with
any such activities provided under other Federal,
State, and local programs, including those authorized
under title I, title II, title IV, and the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.) and the Carl D. Perkins Vocational and Tech-
nical Education Act of 1998 (20 U.S.C. 2301 et seq.).
‘‘(7) A description of the accountability measures
and process the applicant will use for the evaluation
of the extent to which funds provided under this sub-
part were effective in integrating technology into
school curriculum, increasing the ability of teachers to
teach, and enabling students to meet challenging State
academic content and student academic achievement
standards.
‘‘(8) A description of how the applicant will en-
courage the development and utilization of innovative
strategies for the delivery of specialized or rigorous
academic courses and curricula through the use of
technology and distance learning, particularly for
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•HR 1 RH1&2
those areas that would not otherwise have access to
such courses and curricula due to geographical isola-
tion or insufficient resources.
‘‘(9) A description of what steps the applicant
has taken, or will take, to comply with section
5205(a)(1).
‘‘(10) If requested by the State—
‘‘(A) a description of how the applicant will
use funds provided under this subpart in a man-
ner that is consistent with any statewide edu-
cation technology priorities that may be estab-
lished by the State consistent with this subpart;
and
‘‘(B) an assurance that any technology ob-
tained with funds provided under this subpart
will have compatibility and interconnectivity
with technology obtained with funds provided
previously under title III (as in effect on the day
preceding the date of enactment of the No Child
Left Behind Act of 2001), as appropriate.
‘‘SEC. 5215. STATE ACTIVITIES.
‘‘(a) IN GENERAL.—From funds made available under
section 5212(a)(1), a State shall carry out activities and
assist local efforts to carry out the purposes of this subpart,
which may include the following activities:
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‘‘(1) Developing, or assisting applicants in the
development and utilization of, innovative strategies
to deliver rigorous academic programs through the use
of technology and distance learning, and providing
other technical assistance to such applicants through-
out the State, with a priority to high-need local edu-
cational agencies.
‘‘(2) Establishing or supporting public-private
initiatives, such as interest-free or reduced-cost loans
for the acquisition of educational technology for high-
need local educational agencies and students attend-
ing schools served by such agencies.
‘‘(3) Assisting applicants in providing sustained
and intensive, high-quality professional development
based on scientifically based research in the integra-
tion of advanced technologies (including emerging
technologies) into curriculum and in using those tech-
nologies to create new learning environments, includ-
ing training in the use of technology to—
‘‘(A) access data and resources to develop
curricula and instructional materials;
‘‘(B) enable teachers—
‘‘(i) to use the Internet to communicate
with parents, other teachers, principals, and
administrators; and
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•HR 1 RH1&2
‘‘(ii) to retrieve Internet-based learning
resources; and
‘‘(C) lead to improvements in classroom in-
struction in the core academic subject areas,
which effectively prepare students to meet chal-
lenging State academic content and student aca-
demic achievement standards.
‘‘(4) Assisting applicants in providing all stu-
dents (including students with disabilities and stu-
dents with limited English proficiency) and teachers
with access to educational technology.
‘‘(5) Establishing or expanding access to tech-
nology in areas served by high-need local educational
agencies, with special emphasis on access provided
through technology centers in partnership with librar-
ies and with the support of the private sector.
‘‘(6) Developing enhanced performance measure-
ment systems to determine the effectiveness of edu-
cation technology programs funded under this sub-
part, particularly in determining the extent to which
education technology funded under this subpart has
been successfully integrated into teaching strategies
and school curriculum, has increased the ability of
teachers to teach, and has enabled students to meet
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•HR 1 RH1&2
challenging State academic content and student aca-
demic achievement standards.
‘‘(7) Collaborating with other States on distance
learning, including making advanced courses avail-
able to students who would otherwise not have access
to such courses.
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Of the
5 percent of the State’s allotment under section 5211 which
may be used to carry out activities under this section, not
more than 40 percent may be used by the State for adminis-
trative costs.
‘‘SEC. 5216. LOCAL ACTIVITIES.
‘‘(a) PROFESSIONAL DEVELOPMENT.—A recipient of
funds made available under section 5212(a)(2)(A) shall use
not less than 20 percent of such funds to provide sustained
and intensive, high-quality professional development, con-
sistent with section 2033 (as applicable), based on scientif-
ically based research in the integration of advanced tech-
nologies (including emerging technologies) into curriculum
and in using those technologies to create new learning envi-
ronments, including professional development in the use of
technology to—
‘‘(1) access data and resources to develop cur-
ricula and instructional materials;
‘‘(2) enable teachers—
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•HR 1 RH1&2
‘‘(i) to use the Internet to communicate
with parents, other teachers, principals, and ad-
ministrators; and
‘‘(ii) to retrieve Internet-based learning re-
sources; and
‘‘(3) lead to improvements in classroom instruc-
tion in the core academic subject areas, which effec-
tively prepare students to meet challenging State aca-
demic content and student academic achievement
standards.
‘‘(b) WAIVER.—Subsection (a) does not apply to a re-
cipient of funds under section 5212(a)(2)(A) that dem-
onstrates, to the satisfaction of the State, that such recipient
already provides sustained and intensive, high-quality pro-
fessional development based on scientifically based research
in the integration of technology (including emerging tech-
nologies) into the curriculum.
‘‘(c) OTHER ACTIVITIES.—In addition to the activities
described in subsection (a), a recipient of funds distributed
by a State under section 5212(a)(2)(A) shall use such funds
to carry out other activities consistent with this subpart,
which may include the following:
‘‘(1) Adapting or expanding existing and new
applications of technology to enable teachers to in-
crease student academic achievement through the use
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•HR 1 RH1&2
of teaching practices and advanced technologies that
are based on scientifically based research and are de-
signed to prepare students to meet challenging State
academic content and student academic achievement
standards, and for developing and utilizing innova-
tive strategies to deliver rigorous academic programs.
‘‘(2) Expanding, acquiring, implementing, ap-
plying, and maintaining education technology as a
means to improve the academic achievement of all
students.
‘‘(3) The establishment or expansion of initia-
tives, particularly those involving public-private part-
nerships, designed to increase access to technology for
students and teachers, with special emphasis on the
access of high-need local educational agencies to tech-
nology.
‘‘(4) Using technology to promote parent and
family involvement, and support communications be-
tween students, parents, and teachers.
‘‘(5) Acquiring proven and effective curricula
that include integrated technology and are designed to
help students achieve challenging State academic con-
tent and student academic achievement standards.
‘‘(6) Using technology to collect, manage, and
analyze data to inform school improvement efforts.
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•HR 1 RH1&2
‘‘(7) Implementing enhanced performance meas-
urement systems to determine the effectiveness of edu-
cation technology programs funded under this sub-
part, particularly in determining the extent to which
education technology funded under this subpart has
been successfully integrated into teaching strategies
and school curriculum, has increased the ability of
teachers to teach, and has enabled students to meet
challenging State academic content and student aca-
demic achievement standards.
‘‘(8) Preparing one or more teachers in elemen-
tary and secondary schools as technology leaders who
are provided with the means to serve as experts and
train other teachers in the effective use of technology.
‘‘(9) Establishing or expanding access to tech-
nology in areas served by high-need local educational
agencies, with special emphasis for access provided
through technology centers in partnership with librar-
ies and with the support of the private sector.
‘‘Subpart 2—National Technology Activities
‘‘SEC. 5221. NATIONAL ACTIVITIES.
‘‘(a) IN GENERAL.—Using funds made available under
section 5203(b)(2), the Secretary—
‘‘(1) shall—
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•HR 1 RH1&2
‘‘(A) conduct an independent, long-term
study, utilizing scientifically based research
methods and control groups, on the effect of edu-
cational technology on improving student aca-
demic achievement;
‘‘(B) include in the study an identification
of uses of educational technology (including how
teachers can integrate technology into the cur-
ricula) that have a measurable positive impact
on student achievement;
‘‘(C) establish an independent review panel
to advise the Secretary on methodological and
other issues that arise in conducting this long-
term study; and
‘‘(D) submit to the Congress interim re-
ports, when appropriate, and a final report, to
be submitted not later than 6 months before the
end of fiscal year 2006, on the findings of the
study;
‘‘(2) may fund national technology initiatives
that are supported by scientifically based research
and utilize technology in education, through the com-
petitive award of grants or contracts, pursuant to a
peer review process, to States, local educational agen-
cies, eligible local entities, institutions of higher edu-
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•HR 1 RH1&2
cation, public agencies, and private nonprofit or for-
profit agencies; and
‘‘(3) may provide technical assistance (directly
or through the competitive award of grants or con-
tracts) to States, local educational agencies, and other
recipients of funds under this part in order to assist
such States, local educational agencies, and other re-
cipients to achieve the purposes of this part.
‘‘(b) NATIONAL TECHNOLOGY INITIATIVES.—
‘‘(1) USE OF FUNDS.—In funding national tech-
nology initiatives under subsection (a)(2), the
Secretary—
‘‘(A) shall place a priority on projects
that—
‘‘(i) develop innovative models using
electronic networks or other forms of dis-
tance 
learning 
to 
provide 
challenging
courses that are otherwise not readily avail-
able to students in a particular school dis-
trict, particularly in rural areas; or
‘‘(ii) increase access to technology to
students served by high-need local edu-
cational agencies; and
‘‘(B) shall, in order to identify effective uses
of educational technology that have a measurable
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•HR 1 RH1&2
positive impact on student achievement and as
specified in paragraph (3)—
‘‘(i) develop tools and provide resources
and support, including technical assistance,
for recipients of funds under subsection
(a)(2) to effectively evaluate their activities;
and
‘‘(ii) disseminate the evaluations made
under paragraph (2)(A)(ii).
‘‘(2) 
REQUIREMENTS
FOR
RECIPIENTS
OF
FUNDS.—
‘‘(A) APPLICATION.—In order to receive a
grant or contract under subsection (a)(2), an en-
tity shall submit an application to the Secretary
(at such time and in such form as the Secretary
may 
require), 
and 
shall 
include 
in 
the
application—
‘‘(i) a description of the project pro-
posed to be carried out with the grant or
contract and how it would carry out the
purposes of subsection (a)(2); and
‘‘(ii) a detailed plan for an inde-
pendent evaluation, supported by scientif-
ically based research principles, of the
project to determine the impact on the aca-
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•HR 1 RH1&2
demic achievement of students served under
such project, as measured by challenging
State academic content and student aca-
demic achievement standards.
‘‘(B) NON-FEDERAL SHARE.—
‘‘(i) IN GENERAL.—Subject to clauses
(ii) and (iii), the Secretary may require
any recipient of a grant or contract under
subsection (a)(2) to share in the cost of the
activities assisted under such grant or con-
tract, which may be in the form of cash or
in-kind contributions, fairly valued.
‘‘(ii) INCREASE.—The Secretary may
increase the non-Federal share required of a
recipient of a grant or contract under sub-
section (a)(2) after the first year such re-
cipient receives funds under such grant or
contract.
‘‘(iii) 
MAXIMUM.—The 
non-Federal
share required under this subsection may
not exceed 50 percent of the cost of the ac-
tivities assisted under a grant or contract
under this subpart.
‘‘(iv) NOTICE.—The Secretary shall
publish, in the Federal Register, the non-
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Federal share required under this subpara-
graph.
‘‘(3) EVALUATION
AND
DISSEMINATION.—The
Secretary shall make information on each project
funded with a grant or contract under subsection
(a)(2) widely available to schools and the general
public, including through dissemination on the Inter-
net, in a timely and user-friendly manner. This in-
formation shall, at a minimum, include—
‘‘(A) upon the awarding of such a grant or
contract under subsection (a)(2), the identifica-
tion of the grant or contract recipient, the
amount of the grant or contract, the stated goals
of the grant or contract, the methods by which
the grant or contract will be evaluated in meet-
ing such stated goals, and the timeline for meet-
ing such goals;
‘‘(B) not later than 3 months after the com-
pletion of the first year of the project period, in-
formation on the progress of the grant or con-
tract recipient in carrying out the grant or con-
tract, including a detailed description of the use
of the funds provided, the extent to which the
stated goals have been reached, and the results
(or progress of) the evaluation of the project; and
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•HR 1 RH1&2
‘‘(C) not later than 3 months after the com-
pletion of the second year of the project period
(and updated thereafter as appropriate), a fol-
lowup to the information described in subpara-
graph (B).
‘‘Subpart 3—Ready to Learn, Ready to Teach
‘‘SEC. 5231. READY TO LEARN TELEVISION.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants to or enter into contracts or cooperative agree-
ments with eligible entities described in paragraph
(3) to—
‘‘(A) develop, produce, and distribute edu-
cational and instructional video programming
for preschool and elementary school children and
their parents in order to facilitate student aca-
demic achievement;
‘‘(B) facilitate the development (directly or
through contracts with producers of children and
family educational television programming) of
educational programming for preschool and ele-
mentary school children and accompanying sup-
port materials and services that directly promote
the effective use of such programming;
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•HR 1 RH1&2
‘‘(C) facilitate the development of program-
ming and digital content especially designed for
nationwide distribution over digital broadcasting
channels and the Internet, containing Ready to
Learn-based children’s programming and re-
sources for parents and caregivers;
‘‘(D) enable such entities to contract with
other entities (such as public telecommunications
entities) so that programs under this section are
disseminated and distributed by the most appro-
priate distribution technologies to the widest pos-
sible audience appropriate to be served by the
programming; and
‘‘(E) develop and disseminate training and
support materials, including interactive pro-
grams and programs adaptable to distance
learning technologies which are designed to—
‘‘(i) promote school readiness; and
‘‘(ii) promote the effective use of program-
ming developed under subparagraphs (B) and
(C) among parents, Head Start providers, Even
Start and providers of family literacy services,
child care providers, early childhood development
personnel, and elementary school teachers, public
libraries, and after school program personnel
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•HR 1 RH1&2
caring for preschool and elementary school chil-
dren.
‘‘(2) AVAILABILITY.—In making grants, con-
tracts, or cooperative agreements under this sub-
section, the Secretary shall ensure that recipients in-
crease the effective use of the programming under this
section by making it widely available with support
materials, as appropriate, to young children, their
parents, child care workers, Head Start providers,
Even Start and providers of family literacy services.
‘‘(3) ELIGIBLE ENTITIES DESCRIBED.—In this
section, an ‘eligible entity’ means a nonprofit entity
(including a public telecommunications entity) which
is able—
‘‘(A) to demonstrate a capacity for the de-
velopment and national distribution of edu-
cational and instructional television program-
ming of high quality which is accessible by a
large majority of disadvantaged preschool and el-
ementary school children; and
‘‘(B) to demonstrate—
‘‘(i) a capacity to contract with the
producers of children’s television program-
ming for the purpose of developing edu-
cational television programming of high
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•HR 1 RH1&2
quality which is accessible by a large major-
ity of disadvantaged preschool and elemen-
tary school children, and
‘‘(ii) consistent with the entity’s mis-
sion and nonprofit nature, a capacity to ne-
gotiate such contracts in a manner which
returns to the entity an appropriate share
of any ancillary income from sales of any
program-related products.
‘‘(4) CAP ON ADMINISTRATIVE COSTS.—An entity
receiving a grant, contract, or cooperative agreement
from the Secretary under this subsection may not use
more than 5 percent of the amounts received under
the grant, contract, or cooperative agreement for the
expenses of administering the grant, contract, or coop-
erative agreement.
‘‘(5) COORDINATION OF ACTIVITIES.—An entity
receiving a grant, contract, or cooperative agreement
from the Secretary under this subsection shall work
with the Secretary and the Secretary of Health and
Human Services to—
‘‘(A) maximize the utilization by preschool
and elementary school children of the program-
ming under this section and to make such pro-
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gramming widely available to federally funded
programs serving such populations; and
‘‘(B) coordinate with Federal programs that
have major training components for early child-
hood development (including Head Start, Even
Start, family literacy services, and State train-
ing activities funded under the Child Care Devel-
opment Block Grant Act of 1990 (42 U.S.C.
9858 et seq.)) regarding the availability and uti-
lization of materials developed with funds pro-
vided under this section to enhance parent and
child care provider skills in early childhood de-
velopment and education.
‘‘(b) APPLICATIONS.—Any entity desiring a grant,
contract, or cooperative agreement under subsection (a)
shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as
the Secretary may reasonably require.
‘‘(c) REPORT AND EVALUATION..—
‘‘(1) ANNUAL REPORT BY GRANT RECIPIENTS TO
SECRETARY.—Each entity receiving funds under this
section shall prepare and submit to the Secretary an
annual report which contains such information as the
Secretary may require. At a minimum, the report
shall describe the program activities undertaken with
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•HR 1 RH1&2
funds received under this section, including informa-
tion regarding—
‘‘(A) the programming that has been devel-
oped directly or indirectly by the entity and the
target population of the programs developed;
‘‘(B) the support and training materials
that have been developed to accompany the pro-
gramming and the method by which such mate-
rials are distributed to consumers and users of
the programming;
‘‘(C) the means by which the programming
has been distributed, including the distance
learning technologies that have been utilized to
make programming available and the geographic
distribution achieved through such technologies;
and
‘‘(D) the initiatives undertaken by the enti-
ty to develop public-private partnerships to se-
cure non-Federal support for the development
and distribution and broadcast of educational
and instructional programming.
‘‘(2) REPORT
TO
CONGRESS.—The Secretary
shall prepare and submit to the relevant committees
of Congress a biannual report on the activities funded
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•HR 1 RH1&2
and carried out under this section, and shall include
in the report—
‘‘(A) a summary of the programming devel-
oped using funds provided under this section;
and
‘‘(B) a description of the training materials
developed using funds provided under this sec-
tion, the manner in which outreach has been
conducted to inform parents and child care pro-
viders of the availability of such materials, and
the manner in which such materials have been
distributed.
‘‘(d) FUNDING RULE.—Not less than 60 percent of the
amounts authorized to be appropriated under section 5233
for any fiscal year shall be used to carry out subparagraphs
(B) and (C) of subsection (a)(1).
‘‘SEC. 5232. TELECOMMUNICATIONS PROGRAM.
‘‘(a) IN GENERAL.—The Secretary may carry out any
of the following activities:
‘‘(1) Awarding grants to a nonprofit tele-
communications entity (or a partnership of such enti-
ties) for the purpose of carrying out a national tele-
communications-based program to improve the teach-
ing of core academic subjects and to assist elementary
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•HR 1 RH1&2
and secondary school teachers in preparing all stu-
dents to achieve State academic content standards.
‘‘(2) Awarding grants to or entering into con-
tracts or cooperative agreements with a local public
telecommunications entity to develop, produce, and
distribute educational and instructional video pro-
gramming which is designed for use by elementary
and secondary school students, created for or adapt-
able to State academic content standards, and capable
of distribution through digital broadcasting and
school digital networks.
‘‘(b) APPLICATIONS.—
‘‘(1) IN GENERAL.—Any telecommunications en-
tity or partnership of such entities desiring a grant
under this section shall submit an application to the
Secretary.
‘‘(2) SPECIFIC
REQUIREMENTS
FOR
NATIONAL
TELECOMMUNICATIONS-BASED
PROGRAM.—Each ap-
plication for a grant under subsection (a)(1) shall—
‘‘(A) demonstrate that the applicant will
use the existing publicly funded telecommuni-
cations infrastructure, the Internet, and school
digital networks (where available) to deliver
video, voice, and data in an integrated service to
train teachers in the use of materials and learn-
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•HR 1 RH1&2
ing technologies for achieving State academic
content standards;
‘‘(B) assure that the program for which as-
sistance is sought will be conducted in coopera-
tion with States as appropriate, local edu-
cational agencies, and State or local nonprofit
public telecommunications entities;
‘‘(C) assure that a significant portion of the
benefits available for elementary and secondary
schools from the program for which assistance is
sought will be available to schools of local edu-
cational agencies which have a high percentage
of children counted for the purpose of part A of
title I; and
‘‘(D) contain such additional assurances as
the Secretary may reasonably require.
‘‘(c) APPROVAL OF APPLICATIONS; NUMBER OF DEM-
ONSTRATION SITES.—In approving applications under this
section, the Secretary shall assure that—
‘‘(1) the national telecommunications-based pro-
gram under subsection (a)(1) is conducted at elemen-
tary and secondary school sites in at least 15 States;
and
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‘‘(2) grants under subsection (a)(2) are awarded
on a competitive basis and for a period of 3 years to
entities which—
‘‘(A) enter into multiyear collaborative ar-
rangements for content development with State
educational agencies, local educational agencies,
institutions of higher education, businesses, or
other agencies and organizations, and
‘‘(B) contribute non-Federal matching funds
(including funds provided for transitions to dig-
ital broadcasting as well as in-kind contribu-
tions) to the activities assisted with the grant in
an amount not less than 100 percent of the
amount of the grant.
‘‘PART C—CHARACTER EDUCATION
‘‘SEC. 5301. CHARACTER EDUCATION PROGRAM.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN
GENERAL.—The Secretary may make
grants to State educational agencies, local educational
agencies, or consortia of such agencies for the design
and implementation of character education programs
that—
‘‘(A) can be integrated into State academic
content standards for the core academic subjects;
and
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•HR 1 RH1&2
‘‘(B) can be carried out in conjunction with
other educational reform efforts.
‘‘(2) DURATION.—Each grant under this section
shall be made for a period not to exceed 5 years, of
which the grant recipient may not use more than 1
year for planning and program design.
‘‘(b) CONTRACTS UNDER PROGRAM.—
‘‘(1) EVALUATION.—Each agency or consortium
receiving assistance under this section may contract
with outside sources, including institutions of higher
education and private and nonprofit organizations
(including religious organizations), for the purposes
of—
‘‘(A) evaluating the program for which the
assistance is made available;
‘‘(B) measuring the integration of such pro-
gram into the curriculum and teaching methods
of schools where the program is carried out; and
‘‘(C) measuring the success of such program
in fostering the elements of character selected by
the recipient under subsection (c)(1).
‘‘(2) 
MATERIALS
AND
PROGRAM
DEVELOP-
MENT.—Each agency or consortium receiving assist-
ance under this section may contract with outside
sources, including institutions of higher education
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•HR 1 RH1&2
and private and nonprofit organizations (including
religious organizations), for assistance in—
‘‘(A) developing secular curricula, mate-
rials, teacher training, and other activities re-
lated to character education; and
‘‘(B) integrating secular character edu-
cation into the curriculum and teaching methods
of schools where the program is carried out.
‘‘(c) ELEMENTS OF CHARACTER.—
‘‘(1) SELECTION.—
‘‘(A) IN GENERAL.—Each agency or consor-
tium receiving assistance under this section may
select the elements of character that will be
taught under the program for which the assist-
ance is made available.
‘‘(B) CONSIDERATION OF VIEWS.—In select-
ing elements of character under paragraph (1),
the agency or consortium shall consider the views
of the parents or guardians of the students to be
taught under the program.
‘‘(2) EXAMPLE
ELEMENTS.—Elements of char-
acter selected under this subsection may include any
of the following:
‘‘(A) Trustworthiness.
‘‘(B) Respect.
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•HR 1 RH1&2
‘‘(C) Responsibility.
‘‘(D) Fairness.
‘‘(E) Caring.
‘‘(F) Citizenship.
‘‘(G) Giving.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—Each agency or consortium
seeking assistance under this section shall submit an
application to the Secretary at such time and in such
manner as the Secretary may require.
‘‘(2) REQUIRED
INFORMATION.—Each applica-
tion for assistance under this section shall include in-
formation that—
‘‘(A) demonstrates that the program for
which the assistance is sought has clear goals
and objectives that are based on scientifically
based research;
‘‘(B) describes the activities that will be car-
ried out with the assistance and how such activi-
ties will meet the goals and objectives described
in paragraph (1); and
‘‘(C) describes how the program for which
the assistance is sought will be linked to other ef-
forts 
to 
improve 
educational 
achievement,
including—
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•HR 1 RH1&2
‘‘(i) broader educational reforms that
are being instituted by the applicant or its
partners; and
‘‘(ii) applicable State academic content
standards for student achievement.
‘‘(e) SELECTION OF RECIPIENTS.—
‘‘(1) PEER REVIEW.—
‘‘(A) IN GENERAL.—In selecting agencies or
consortia to receive assistance under this section
from among the applicants for such assistance,
the Secretary shall use a peer review process that
includes the participation of experts in the field
of character education.
‘‘(B) USE OF FUNDS.—The Secretary may
use funds appropriated under this section for the
cost of carrying out peer reviews under this
paragraph.
‘‘(2) 
SELECTION
CRITERIA.—Each 
selection
under paragraph (1) shall be made on the basis of the
quality of the application submitted, taking into con-
sideration such factors as—
‘‘(A) the extent of parental, student, and
community involvement in the program; and
‘‘(B) the likelihood that the goals of the pro-
gram will be realistically achieved.
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•HR 1 RH1&2
‘‘(3) EQUITABLE DISTRIBUTION.—In making se-
lections under this subsection, the Secretary shall en-
sure, to the extent practicable under paragraph (2),
that the programs assisted under this section are eq-
uitably distributed among the geographic regions of
the United States, and among urban, suburban, and
rural areas.
‘‘(f) EVALUATIONS.—
‘‘(1) IN GENERAL.—As a condition of receiving
assistance under this section, the Secretary shall re-
quire each agency or consortium receiving such assist-
ance to transmit to the Secretary, not later than 5
years after such receipt, a report containing an eval-
uation of each program assisted.
‘‘(2) ATTAINMENT OF GOALS AND OBJECTIVES.—
In conducting an evaluation referred to in paragraph
(1), each agency or consortium shall evaluate the de-
gree to which each program for which assistance was
made available attained the goals and objectives for
the program as described in the application for assist-
ance submitted under subsection (d).
‘‘(3) DISSEMINATION.—The Secretary shall—
‘‘(A) make each evaluation received under
this subsection publicly available; and
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•HR 1 RH1&2
‘‘(B) provide public notice (through such
means as the Internet, the media, and public
agencies) of the availability of each such evalua-
tion after it is received by the Secretary.
‘‘(g) MATCHING FUNDS.—As a condition of receiving
assistance under this section, the Secretary may require
that each agency or consortium receiving such assistance
provide matching funds from non-Federal sources.
‘‘SEC. 5302. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $25,000,000 for fiscal year 2002 and such sums
as may be necessary for each of fiscal years 2003 through
2006.’’.
‘‘PART D—ELEMENTARY AND SECONDARY
SCHOOL COUNSELING PROGRAMS
‘‘SEC. 5401. ELEMENTARY AND SECONDARY SCHOOL COUN-
SELING PROGRAMS.
‘‘(a) FINDINGS.—Congress finds as follows:
‘‘(1) The Surgeon General reported in January
2001 that 1 in 10 children suffer from mental ill-
nesses severe enough to impair development and fewer
than 1 in 5 children get treatment for mental ill-
nesses.
‘‘(2) The Surgeon General reported that the bur-
den of suffering by children with mental health needs
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•HR 1 RH1&2
and their families has created a health crisis in this
country. Growing numbers of children are suffering
needlessly because their emotional, behavioral, and de-
velopmental needs are not being met by the very insti-
tutions and systems that were created to take care of
them.
‘‘(3) As a result of the concern about the failure
of the healthcare system to reach children and adoles-
cents with mental illnesses, there is currently great
interest in developing new models for the delivery of
mental health and counseling services that can reach
underserved groups efficiently.
‘‘(4) Schools are a sensible point of intervention
because of their central position in many children’s
lives and development, especially when families are
unable to assume a leading role.
‘‘(5) School-based mental health and counseling
services allow for the identification of children in
need of treatment much earlier in their development.
‘‘(6) Establishing mental health and counseling
services in schools provides access to underserved
youth with or at risk of emotional or behavioral prob-
lems.
‘‘(7) The Surgeon General’s 2000 report on youth
violence concludes that effective treatment can divert
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•HR 1 RH1&2
a significant proportion of delinquent and violent
youths from future violence and crime.
‘‘(8) Mental health and counseling services can
play an important role in violence prevention on all
levels, including preventing problem behaviors from
developing; identifying and serving specific, at-risk
populations; and reducing the deleterious effects of vi-
olence on victims and witnesses.
‘‘(9) An evaluation of the model program for the
elementary school counseling demonstration program
established pursuant to this section prior to the date
of enactment of the Elementary and Secondary Coun-
seling Improvement Act of 2001 found that the num-
ber of referrals to the principal’s office decreased by
nearly half, the use of force, weapons, and threatening
of others also decreased, school suspensions were re-
duced, and students felt safer.
‘‘(10) The report produced by the Institute of
Medicine, ‘Schools and Health: Our Nation’s Invest-
ment’, recommended a student-to-school counselor
ratio of 250:1, student-to-school psychologist ratio of
1000:1, and a student-to-school social worker ratio of
800:1. The United States average student-to-counselor
ratio is 551:1. Ratios for school psychologists and
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•HR 1 RH1&2
school social workers also exceed the recommended lev-
els.
‘‘(b) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary may use funds
provided under this section to award grants to local
educational agencies to enable such agencies to estab-
lish or expand elementary and secondary school coun-
seling programs which meet the requirements of sub-
section (c).
‘‘(2) PRIORITY.—In awarding grants under this
section, the Secretary shall give special consideration
to applications describing programs which—
‘‘(A) demonstrate the greatest need for new
or additional counseling services among children
in the schools served by the applicant, in part,
by providing information on current ratios of
students to school counselors, students to school
social workers, and students to school psycholo-
gists;
‘‘(B) propose the most promising and inno-
vative approaches for initiating or expanding
school counseling; and
‘‘(C) show the greatest potential for replica-
tion and dissemination.
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•HR 1 RH1&2
‘‘(3) EQUITABLE
DISTRIBUTION.—In awarding
grants under this section, the Secretary shall ensure
an equitable geographic distribution among the re-
gions of the United States and among urban, subur-
ban, and rural local educational agencies.
‘‘(4) DURATION.—A grant under this section
shall be awarded for a period not to exceed 3 years.
‘‘(5) MAXIMUM GRANT.—A grant awarded under
this program shall not exceed $400,000 for any fiscal
year.
‘‘(6) SUPPLEMENT.—Assistance made available
under this section shall be used to supplement, and
may not supplant, other Federal, State, or local funds
used for providing school-based counseling and mental
health services to students.
‘‘(c) REQUIREMENTS FOR COUNSELING PROGRAMS.—
Each program funded under this section shall—
‘‘(1) be comprehensive in addressing the coun-
seling and educational needs of all students;
‘‘(2) use a developmental, preventive approach to
counseling;
‘‘(3) increase the range, availability, quantity,
and quality of counseling services in the elementary
and secondary schools of the local educational agency;
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•HR 1 RH1&2
‘‘(4) expand counseling services through qualified
school counselors, school psychologists, school social
workers, and child and adolescent psychiatrists;
‘‘(5) use innovative approaches to increase chil-
dren’s understanding of peer and family relation-
ships, work and self, decisionmaking, or academic
and career planning, or to improve peer interaction;
‘‘(6) provide counseling services in settings that
meet the range of needs of students;
‘‘(7) include inservice training, including train-
ing for teachers in appropriate identification and
intervention techniques for disciplining and teaching
students at risk of violent behavior, by school coun-
selors, school psychologists, school social workers, and
child and adolescent psychiatrists;
‘‘(8) involve parents of participating students in
the design, implementation, and evaluation of a coun-
seling program;
‘‘(9) involve community groups, social service
agencies, or other public or private entities in collabo-
rative efforts to enhance the program;
‘‘(10) evaluate annually the effectiveness and
outcomes of the counseling services and activities as-
sisted under this section;
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•HR 1 RH1&2
‘‘(11) ensure a team approach to school coun-
seling in the elementary and secondary schools of the
local educational agency by working toward ratios
recommended by the American School Health Associa-
tion of one school counselor to 250 students, one school
social worker to 800 students, and one school psychol-
ogist to 1,000 students; and
‘‘(12) ensure that school counselors, school psy-
chologists, school social workers, or child and adoles-
cent psychiatrists paid from funds made available
under this section spend a majority of their time at
the school in activities directly related to the coun-
seling process.
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 3 percent of the amounts made available under
this section in any fiscal year may be used for administra-
tive costs to carry out this section.
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘school counselor’ means an indi-
vidual who has documented competence in counseling
children and adolescents in a school setting and
who—
‘‘(A) possesses State licensure or certifi-
cation granted by an independent professional
regulatory authority;
819
•HR 1 RH1&2
‘‘(B) in the absence of such State licensure
or certification, possesses national certification
in school counseling or a specialty of counseling
granted by an independent professional organi-
zation; or
‘‘(C) holds a minimum of a master’s degree
in school counseling from a program accredited
by the Council for Accreditation of Counseling
and Related Educational Programs or the equiv-
alent;
‘‘(2) the term ‘school psychologist’ means an in-
dividual who—
‘‘(A) possesses a minimum of 60 graduate
semester hours in school psychology from an in-
stitution of higher education and has completed
1,200 clock hours in a supervised school psy-
chology internship, of which 600 hours shall be
in the school setting;
‘‘(B) possesses State licensure or certifi-
cation in the State in which the individual
works; or
‘‘(C) in the absence of such State licensure
or certification, possesses national certification
by the National School Psychology Certification
Board;
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•HR 1 RH1&2
‘‘(3) the term ‘school social worker’ means an in-
dividual who—
‘‘(A) holds a master’s degree in social work
from a program accredited by the Council on So-
cial Work Education; and
‘‘(B) is licensed or certified by the State in
which services are provided; or
‘‘(C) in the absence of such State licensure
or certification, possesses a national credential
or certification as a ‘school social work spe-
cialist’ granted by an independent professional
organization; and
‘‘(4) the term ‘child and adolescent psychiatrist’
means an individual who—
‘‘(A) possesses State medical licensure; and
‘‘(B) has completed residency training pro-
grams in general and child and adolescent psy-
chiatry.
‘‘(f) REPORT.—Not later than 1 year after assistance
is made available under this section, the Secretary shall
make publicly available the information from applicants re-
garding the ratios of students to school counselors, students
to school social workers, and students to school psycholo-
gists.
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‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for each of fiscal years 2002
through 2006.
‘‘PART E—MENTORING PROGRAMS
‘‘SEC. 5501. DEFINITIONS.
‘‘In this part, the following definitions apply:
‘‘(1) CHILD WITH GREATEST NEED.—The term
‘child with greatest need’ means a child at risk of
educational failure, dropping out of school, or involve-
ment in criminal or delinquent activities, or that has
lack of strong positive adult role models.
‘‘(2) MENTOR.—The term ‘mentor’ means an in-
dividual who works with a child to provide a positive
role model for the child, to establish a supportive rela-
tionship with the child, and to provide the child with
academic assistance and exposure to new experiences
and examples of opportunity that enhance the ability
of the child to become a responsible adult.
‘‘(3) STATE.—The term ‘State’ means each of the
several States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
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‘‘SEC. 5502. PURPOSES.
‘‘The purposes of this part are to make assistance
available to promote mentoring programs for children with
greatest need—
‘‘(1) to assist such children in receiving support
and guidance from a caring adult;
‘‘(2) to improve the academic performance of
such children;
‘‘(3) to improve interpersonal relationships be-
tween such children and their peers, teachers, other
adults, and family members;
‘‘(4) to reduce the dropout rate of such children;
and
‘‘(5) to reduce juvenile delinquency and involve-
ment in gangs by such children.
‘‘SEC. 5503. GRANT PROGRAM.
‘‘(a) IN GENERAL.—In accordance with this section,
the Secretary may make grants to eligible entities to assist
such entities in establishing and supporting mentoring pro-
grams and activities that—
‘‘(1) are designed to link children with greatest
need (particularly such children living in rural areas,
high crime areas, or troubled home environments, or
such children experiencing educational failure) with
responsible adults, who—
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•HR 1 RH1&2
‘‘(A) have received training and support in
mentoring;
‘‘(B) have been screened using appropriate
reference checks, child and domestic abuse record
checks, and criminal background checks; and
‘‘(C) are interested in working with youth;
and
‘‘(2) are intended to achieve 1 or more of the fol-
lowing goals:
‘‘(A) Provide general guidance to children
with greatest need.
‘‘(B) Promote personal and social responsi-
bility among children with greatest need.
‘‘(C) Increase participation by children
with greatest need in, and enhance their ability
to benefit from, elementary and secondary edu-
cation.
‘‘(D) Discourage illegal use of drugs and al-
cohol, violence, use of dangerous weapons, pro-
miscuous behavior, and other criminal, harmful,
or potentially harmful activity by children with
greatest need.
‘‘(E) Encourage children with greatest need
to participate in community service and commu-
nity activities.
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•HR 1 RH1&2
‘‘(F) Encourage children with greatest need
to set goals for themselves or to plan for their fu-
tures, including encouraging such children to
make graduation from secondary school a goal
and to make plans for postsecondary education
or training.
‘‘(G) Discourage involvement of children
with greatest need in gangs.
‘‘(b) ELIGIBLE ENTITIES.—Each of the following is an
entity eligible to receive a grant under subsection (a):
‘‘(1) A local educational agency.
‘‘(2) A nonprofit, community-based organization.
‘‘(3) A partnership between an agency referred to
in paragraph (1) and an organization referred to in
paragraph (2).
‘‘(c) USE OF FUNDS.—
‘‘(1) IN
GENERAL.—Each entity receiving a
grant under this section shall use the grant funds for
activities that establish or implement a mentoring
program, including—
‘‘(A) hiring of mentoring coordinators and
support staff;
‘‘(B) providing for the professional develop-
ment of mentoring coordinators and support
staff;
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•HR 1 RH1&2
‘‘(C) recruitment, screening, and training of
adult mentors;
‘‘(D) reimbursement of schools, if appro-
priate, for the use of school materials or supplies
in carrying out the program;
‘‘(E) dissemination of outreach materials;
‘‘(F) evaluation of the program using sci-
entifically based methods; and
‘‘(G) such other activities as the Secretary
may reasonably prescribe by rule.
‘‘(2) PROHIBITED USES.—Notwithstanding para-
graph (1), an entity receiving a grant under this sec-
tion may not use the grant funds—
‘‘(A) to directly compensate mentors;
‘‘(B) to obtain educational or other mate-
rials or equipment that would otherwise be used
in the ordinary course of the entity’s operations;
‘‘(C) to support litigation of any kind; or
‘‘(D) for any other purpose reasonably pro-
hibited by the Secretary by rule.
‘‘(d) TERM OF GRANT.—Each grant made under this
section shall be available for expenditure for a period of
3 years.
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•HR 1 RH1&2
‘‘(e) APPLICATION.—Each eligible entity seeking a
grant under this section shall submit to the Secretary an
application that includes—
‘‘(1) a description of the mentoring plan the ap-
plicant proposes to carry out with such grant;
‘‘(2) information on the children expected to be
served by the mentoring program for which such
grant is sought;
‘‘(3) a description of the mechanism that appli-
cant will use to match children with mentors based
on the needs of the children;
‘‘(4) an assurance that no mentor will be as-
signed to mentor so many children that the assign-
ment would undermine either the mentor’s ability to
be an effective mentor or the mentor’s ability to estab-
lish a close relationship (a one-on-one relationship,
where practicable) with each mentored child;
‘‘(5) an assurance that mentoring programs will
provide children with a variety of experiences and
support, including—
‘‘(A) emotional support;
‘‘(B) academic assistance; and
‘‘(C) exposure to experiences that children
might not otherwise encounter on their own;
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•HR 1 RH1&2
‘‘(6) an assurance that mentoring programs will
be monitored to ensure that each child assigned a
mentor benefits from that assignment and that there
will be a provision for the assignment of a new men-
tor if the relationship between the original mentor is
not beneficial to the child;
‘‘(7) information on the method by which men-
tors and children will be recruited to the mentor pro-
gram;
‘‘(8) information on the method by which pro-
spective mentors will be screened;
‘‘(9) information on the training that will be
provided to mentors; and
‘‘(10) information on the system that the appli-
cant will use to manage and monitor information re-
lating to the program’s reference checks, child and do-
mestic abuse record checks, and criminal background
checks and to its procedure for matching children
with mentors.
‘‘(f) SELECTION.—
‘‘(1) COMPETITIVE BASIS.—In accordance with
this subsection, the Secretary shall select grant recipi-
ents from among qualified applicants on a competi-
tive basis.
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•HR 1 RH1&2
‘‘(2) PRIORITY.—In selecting grant recipients
under paragraph (1), the Secretary shall give priority
to each applicant that—
‘‘(A) serves children with greatest need liv-
ing in rural areas, high crime areas, or troubled
home environments, or who attend schools with
violence problems;
‘‘(B) provides background screening of men-
tors, training of mentors, and technical assist-
ance in carrying out mentoring programs;
‘‘(C) proposes a mentoring program under
which each mentor will be assigned to not more
children than the mentor can serve effectively; or
‘‘(D) proposes a school-based mentoring pro-
gram.
‘‘(3) OTHER
CONSIDERATIONS.—In selecting
grant recipients under paragraph (1), the Secretary
shall also consider—
‘‘(A) the degree to which the location of the
programs proposed by each applicant contributes
to a fair distribution of programs with respect to
urban and rural locations;
‘‘(B) the quality of the mentoring programs
proposed by each applicant, including—
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‘‘(i) the resources, if any, the applicant
will dedicate to providing children with op-
portunities for job training or postsec-
ondary education;
‘‘(ii) the degree to which parents,
teachers, community-based organizations,
and the local community have participated,
or will participate, in the design and im-
plementation of the applicant’s mentoring
program;
‘‘(iii) the degree to which the applicant
can ensure that mentors will develop long-
standing relationships with the children
they mentor;
‘‘(iv) the degree to which the applicant
will serve children with greatest need in the
4th, 5th, 6th, 7th, and 8th grades; and
‘‘(v) the degree to which the program
will continue to serve children from the 4th
grade through graduation from secondary
school; and
‘‘(C) the capability of each applicant to ef-
fectively implement its mentoring program.
‘‘(4) GRANT TO EACH STATE.—Notwithstanding
any other provision of this subsection, in selecting
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grant recipients under paragraph (1), the Secretary
shall select not less than 1 grant recipient from each
State for which there is a qualified applicant.
‘‘(g) MODEL SCREENING GUIDELINES.—
‘‘(1) IN GENERAL.—Based on model screening
guidelines developed by the Office of Juvenile Pro-
grams of the Department of Justice, the Secretary
shall develop and distribute to program participants
specific model guidelines for the screening of mentors
who seek to participate in programs to be assisted
under this part.
‘‘(2) BACKGROUND CHECKS.—The guidelines de-
veloped under this subsection shall include, at a min-
imum, a requirement that potential mentors be sub-
ject to reference checks, child and domestic abuse
record checks, and criminal background checks.
‘‘SEC. 5504. STUDY BY GENERAL ACCOUNTING OFFICE.
‘‘(a) IN GENERAL.—The Comptroller General of the
United States shall conduct a study to identify successful
school-based mentoring programs, and the elements, poli-
cies, or procedures of such programs that can be replicated.
‘‘(b) REPORT.—Not later than 3 years after the date
of enactment of the Mentoring for Success Act, the Comp-
troller General shall submit a report to the Secretary and
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Congress containing the results of the study conducted
under this section.
‘‘(c) USE OF INFORMATION.—The Secretary shall use
information contained in the report referred to in sub-
section (b)—
‘‘(1) to improve the quality of existing mentoring
programs assisted under this part and other men-
toring programs assisted under this Act; and
‘‘(2) to develop models for new programs to be
assisted or carried out under this Act.
‘‘SEC. 5505. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
section 5503 $50,000,000 for fiscal year 2002 and such
sums as may be necessary for each of fiscal years 2003
through 2006.’’.
TITLE VI—IMPACT AID PROGRAM
SEC. 601. PAYMENTS UNDER SECTION 8002 WITH RESPECT
TO FISCAL YEARS IN WHICH INSUFFICIENT
FUNDS ARE APPROPRIATED.
(a) FOUNDATION PAYMENTS FOR PRE-1995 RECIPI-
ENTS.—Section 8002(h)(1) (20 U.S.C. 7702(h)(1)) is
amended—
(1) in subparagraph (A), by striking ‘‘and was
eligible to receive a payment under section 2 of the
Act of September 30, 1950’’ and inserting ‘‘and that
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filed, or has been determined pursuant to statute to
have filed a timely application, and met, or has been
determined pursuant to statute to meet, the eligibility
requirements of section 2(a)(1)(C) of the Act of Sep-
tember 30, 1950’’; and
(2) in subparagraph (B), by striking ‘‘(or if the
local educational agency was not eligible to receive a
payment under such section 2 for fiscal year 1994’’
and inserting ‘‘(or if the local educational agency did
not meet, or has not been determined pursuant to
statute to meet, the eligibility requirements of section
2(a)(1)(C) of the Act of September 30, 1950 for fiscal
year 1994’’.
(b) PAYMENTS
FOR
1995 RECIPIENTS.—Section
8002(h)(2) (20 U.S.C. 7702(h)(2)) is amended—
(1) in subparagraph (A), by adding at the end
before the period ‘‘, or whose application for fiscal
year 1995 was determined pursuant to statute to be
timely filed for purposes of payments for subsequent
fiscal years’’; and
(2) in subparagraph (B)(ii), by striking ‘‘for
each local educational agency that received a payment
under this section for fiscal year 1995’’ and inserting
‘‘for each local educational agency described in sub-
paragraph (A)’’.
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(c) REMAINING FUNDS.—Section 8002(h)(4)(B) (20
U.S.C. 7702(h)(4)(B)) is amended—
(1) by striking ‘‘(in the same manner as percent-
age shares are determined for local educational agen-
cies under paragraph (2)(B)(ii))’’ and inserting ‘‘(by
dividing the maximum amount that the agency is eli-
gible to receive under subsection (b) by the total of the
maximum amounts for all such agencies)’’; and
(2) by striking ‘‘, except that for the purpose of
calculating a local educational agency’s assessed value
of the Federal property’’ and inserting ‘‘, except that,
for purposes of calculating a local educational agen-
cy’s maximum amount under subsection (b)’’.
(d) APPLICATION
FOR PAYMENT.—Notwithstanding
any other provision of law, the Secretary shall treat as
timely filed an application under section 8002 (20 U.S.C.
7702) from Academy School District 20, Colorado, for a
payment for fiscal year 1999, and shall process that appli-
cation from funds appropriated for that section for fiscal
year 2001.
SEC. 602. CALCULATION OF PAYMENT UNDER SECTION 8003
FOR SMALL LOCAL EDUCATIONAL AGENCIES.
Section 
8003(b)(3)(B)(iv) 
(20 
U.S.C.
7703(b)(3)(B)(iv)) is amended by inserting after ‘‘of the
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State in which the agency is located’’ the following: ‘‘or less
than the average per pupil expenditure of all the States’’.
SEC. 603. CONSTRUCTION.
(a) SCHOOL FACILITY EMERGENCY AND MODERNIZA-
TION GRANTS.—Section 8007(b) (20 U.S.C. 7707(b)) is
amended to read as follows:
‘‘(b) SCHOOL FACILITY EMERGENCY AND MODERNIZA-
TION GRANTS AUTHORIZED.—
‘‘(1) IN
GENERAL.—From 60 percent of the
amount appropriated for each fiscal year under sec-
tion 8014(e), the Secretary—
‘‘(A) shall award emergency grants in ac-
cordance with this subsection to eligible local
educational agencies to enable the agencies to
carry out emergency repairs of school facilities;
and
‘‘(B) shall award modernization grants in
accordance with this subsection to eligible local
educational agencies to enable the agencies to
carry out the modernization of school facilities.
‘‘(2) PRIORITY.—In approving applications from
local educational agencies for emergency grants and
modernization grants under this subsection, the Sec-
retary shall give priority to applications for emer-
gency grants and, among such applications for emer-
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•HR 1 RH1&2
gency grants, shall give priority to those applications
of local educational agencies based on the severity of
the emergency.
‘‘(3) ELIGIBILITY REQUIREMENTS.—
‘‘(A) EMERGENCY
GRANTS.—A local edu-
cational agency is eligible to receive an emer-
gency grant under this subsection only if—
‘‘(i) the agency (or in the case of a
local educational agency that does not have
the authority to tax or issue bonds, the
agency’s fiscal agent)—
‘‘(I) has no practical capacity to
issue bonds;
‘‘(II) has minimal capacity to
issue bonds and is at 75 percent of the
agency’s limit of bonded indebtedness;
or
‘‘(III) does not meet the require-
ments of subclauses (I) and (II) but is
eligible to receive funds under section
8003(b)(2) for the fiscal year; and
‘‘(ii) the agency is eligible to receive
assistance under subsection (a) for the fiscal
year and has a school facility emergency, as
determined by the Secretary, that poses a
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•HR 1 RH1&2
health or safety hazard to the students and
school personnel assigned to the school facil-
ity.
‘‘(B) MODERNIZATION
GRANTS.—A local
educational agency is eligible to receive a mod-
ernization grant under this subsection only if—
‘‘(i) the agency (or in the case of a
local educational agency that does not have
the authority to tax or issue bonds, the
agency’s fiscal agent) meets the require-
ments of subclause (I), (II), or (III) of sub-
paragraph (A)(i);
‘‘(ii) the agency is eligible to receive
assistance under section 8002 for the fiscal
year and has an assessed value of real prop-
erty per student that may be taxed for
school purposes that is less than the average
of the assessed value of real property per
student that may be taxed for school pur-
poses in the State in which the local edu-
cational agency is located; and
‘‘(iii) the agency has facility needs re-
sulting from actions of the Federal Govern-
ment, such as enrollment increases due to
the expansion of Federal activities, housing
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•HR 1 RH1&2
privatization, or the acquisition of Federal
property.
‘‘(C) RULE OF CONSTRUCTION.—For pur-
poses of subparagraph (A)(i), a local educational
agency—
‘‘(i) has no practical capacity to issue
bonds if the total assessed value of real
property that may be taxed for school pur-
poses is less than $25,000,000; and
‘‘(ii) has minimal capacity to issue
bonds if the total assessed value of real
property that may be taxed for school pur-
poses is not less than $25,000,000 but not
more than $50,000,000.
‘‘(4) AWARD CRITERIA.—In awarding emergency
grants and modernization grants under this sub-
section, the Secretary shall consider the following fac-
tors:
‘‘(A) The ability of the local educational
agency to respond to the emergency, or to pay for
the modernization project, as the case may be, as
measured by—
‘‘(i) the agency’s level of bonded indebt-
edness;
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•HR 1 RH1&2
‘‘(ii) the assessed value of real property
per student that may be taxed for school
purposes compared to the average of the as-
sessed value of real property per student
that may be taxed for school purposes in the
State in which the agency is located;
‘‘(iii) the agency’s total tax rate for
school purposes (or, if applicable, for cap-
ital expenditures) compared to the average
total tax rate for school purposes (or the av-
erage capital expenditure tax rate, if appli-
cable) in the State in which the agency is
located; and
‘‘(iv) funds that are available to the
agency, from any other source, including
section 8007(a), that may be used for cap-
ital expenditures.
‘‘(B) The percentage of property in the
agency that is nontaxable due to the presence of
the Federal Government.
‘‘(C) The number and percentages of chil-
dren described in subparagraphs (A), (B), (C),
and (D) of section 8003(a)(1) served in the
school facility with the emergency or served in
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•HR 1 RH1&2
the school facility proposed for modernization, as
the case may be.
‘‘(D) In the case of an emergency grant, the
severity of the emergency, as measured by the
threat that the condition of the school facility
poses to the health, safety, and well-being of stu-
dents.
‘‘(E) In the case of a modernization
grant—
‘‘(i) the severity of the need for mod-
ernization, as measured by such factors
as—
‘‘(I) overcrowding, as evidenced by
the use of portable classrooms; or
‘‘(II) the agency’s inability to
maximize the use of technology or offer
a curriculum in accordance with con-
temporary State standards due to the
physical limitations of the current
school facility; and
‘‘(ii) the age of the school facility pro-
posed for modernization.
‘‘(5) OTHER AWARD PROVISIONS.—
‘‘(A) GENERAL PROVISIONS.—
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‘‘(i) LIMITATIONS
ON
AMOUNT
OF
FUNDS.—
‘‘(I) IN GENERAL.—The amount of
funds provided under an emergency
grant or a modernization grant award-
ed under this subsection to a local edu-
cational agency that meets the require-
ments of subclause (II) or (III) of
paragraph (3)(A)(i)—
‘‘(aa) shall not exceed 50 per-
cent of the total cost of the project
to be assisted under this sub-
section; and
‘‘(bb) 
shall 
not 
exceed
$3,000,000 during any 5-year pe-
riod.
‘‘(II) IN-KIND CONTRIBUTIONS.—
A local educational agency may use in-
kind contributions to meet the match-
ing requirement of subclause (I)(aa).
‘‘(ii) 
PROHIBITIONS
ON
USE
OF
FUNDS.—A local educational agency may
not use funds provided under an emergency
grant or modernization grant awarded
under this subsection for—
841
•HR 1 RH1&2
‘‘(I) a project for a school facility
for which the agency does not have full
title or other interest; or
‘‘(II) stadiums or other facilities
primarily used for athletic contests, ex-
hibitions, or other events for which ad-
mission is charged to the general pub-
lic.
‘‘(iii) SUPPLEMENT NOT SUPPLANT.—
A local educational agency shall use funds
provided under an emergency grant or mod-
ernization grant awarded under this sub-
section only to supplement the amount of
funds that would, in the absence of the Fed-
eral funds provided under the grant, be
made available from non-Federal sources to
carry out emergency repairs of school facili-
ties or to carry out the modernization of
school facilities, as the case may be, and not
to supplant such funds.
‘‘(B) EMERGENCY GRANTS.—
‘‘(i) 
PROHIBITION
ON
USE
OF
FUNDS.—A local educational agency that is
awarded an emergency grant under this
subsection may not use amounts under the
842
•HR 1 RH1&2
grant for the complete or partial replace-
ment of an existing school facility unless
such replacement is less expensive or more
cost-effective to correct the identified emer-
gency.
‘‘(ii) CARRY-OVER OF CERTAIN APPLI-
CATIONS.—In the case of a local educational
agency that applies for an emergency grant
under this subsection for a fiscal year and
does not receive the grant for the fiscal year,
the Secretary—
‘‘(I) shall, upon the request of the
agency, treat the application as an ap-
plication for an emergency grant
under this subsection for the subsequent
fiscal year in accordance with the pri-
ority requirements of paragraph (2);
and
‘‘(II) shall allow the agency to
amend or otherwise update the appli-
cation, as appropriate.
‘‘(6) APPLICATION.—A local educational agency
that desires to receive an emergency grant or a mod-
ernization grant under this subsection shall submit
an application to the Secretary at such time, in such
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•HR 1 RH1&2
manner, and accompanied by such information as the
Secretary may require. Each application shall con-
tain the following:
‘‘(A) The information described in clauses
(i) through (iv) of paragraph (4)(A) and sub-
paragraphs (B) and (C) of paragraph (4).
‘‘(B) In the case of an application for an
emergency grant—
‘‘(i) a description of the school facility
deficiency that poses a health or safety haz-
ard to the occupants of the facility and a
description of how the deficiency will be re-
paired; and
‘‘(ii) a signed statement from an ap-
propriate local official certifying that a de-
ficiency in the school facility threatens the
health or safety of the occupants of the facil-
ity or that prevents the use of all or a por-
tion of the building.
‘‘(C) In the case of an application for a
modernization grant—
‘‘(i) an explanation of the need for the
school facility modernization project; and
844
•HR 1 RH1&2
‘‘(ii) the date on which original con-
struction of the facility to be modernized
was completed.
‘‘(D) A description of the project for which
a grant under this subsection would be used, in-
cluding a cost estimate for the project.
‘‘(E) A description of the interest in, or au-
thority over, the school facility involved, such as
an ownership interest or a lease arrangement.
‘‘(F) Such other information and assur-
ances as the Secretary may reasonably require.
‘‘(7) REPORT.—
‘‘(A) IN GENERAL.—Not later than January
1 of each year, the Secretary shall prepare and
submit to the appropriate congressional commit-
tees a report that contains a justification for
each grant awarded under this subsection for the
prior fiscal year.
‘‘(B) DEFINITION.—In this paragraph, the
term 
‘appropriate 
congressional 
committees’
means—
‘‘(i) the Committee on Appropriations
and the Committee on Education and the
Workforce of the House of Representatives;
and
845
•HR 1 RH1&2
‘‘(ii) the Committee on Appropriations
and the Committee on Health, Education,
Labor and Pensions of the Senate.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
8014(e) (20 U.S.C. 7714(e)) is amended by striking ‘‘for
each of the three succeeding fiscal years’’ and inserting ‘‘for
fiscal year 2001, $150,000,000 for fiscal year 2002, and
such sums as may be necessary for each of the four suc-
ceeding fiscal years’’.
SEC. 604. STATE CONSIDERATION OF PAYMENTS IN PRO-
VIDING STATE AID.
Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amended
by inserting after ‘‘section 8003(a)(2)(B)’’ the following:
‘‘and, with respect to a local educational agency that re-
ceives a payment under section 8003(b)(2), the amount in
excess of the amount that the agency would receive if the
agency were deemed to be an agency eligible to receive a
payment under section 8003(b)(1) and not section
8003(b)(2)’’.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7714) is amended by striking
‘‘three succeeding fiscal years’’ each place it appears and
inserting ‘‘six succeeding fiscal years’’.
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SEC. 606. REPEAL OF EXISTING TITLE VI; TRANSFER AND
REDESIGNATION OF PROGRAM.
(a) REPEAL OF EXISTING TITLE VI.—Title VI (20
U.S.C. 7301 et seq.) is repealed.
(b) TRANSFER AND REDESIGNATION OF PROGRAM.—
(1) Title VIII (20 U.S.C. 7701 et seq.)—
(A) is transferred from the current placement of
the title and inserted after title V; and
(B) is redesignated as title VI.
(2) Title VI (as redesignated by paragraph (1)(B)) is
amended—
(A) by redesignating sections 8001 through 8005
(20 U.S.C. 7701–7705) as sections 6001 through
6005, respectively; and
(B) by redesignating sections 8007 through 8014
(20 U.S.C. 7707–7714) as sections 6006 through
6013, respectively.
(c) CONFORMING AMENDMENTS.—(1) Title VI (as re-
designated by subsection (b)) is amended by striking
‘‘8002’’, ‘‘8003’’, ‘‘8004’’, ‘‘8005’’, ‘‘8008’’, ‘‘8009’’, ‘‘8011’’,
‘‘8013’’, and ‘‘8014’’ each place such terms appear and in-
serting ‘‘6002’’, ‘‘6003’’, ‘‘6004’’, ‘‘6005’’, ‘‘6007’’, ‘‘6008’’,
‘‘6010’’, ‘‘6012’’, and ‘‘6013’’, respectively.
(2) Section 6005 (as redesignated by subsection (b))
is amended in the heading by striking ‘‘8002 AND 8003’’
and inserting ‘‘6002 AND 6003’’.
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(3) Section 6009(c)(1) (as redesignated by subsection
(b)) is amended in the heading by striking ‘‘8003’’ and in-
serting ‘‘6003’’.
(d) SAVINGS PROVISION.—Funds appropriated for
title VIII of the Elementary and Secondary Education Act
of 1965 (as in effect on the day before the date of the enact-
ment of this Act) shall be available for use under title VI
of such Act, as added by this section.
TITLE VII—ACCOUNTABILITY
SEC. 701. FLEXIBILITY AND ACCOUNTABILITY.
Title VII is amended to read as follows:
‘‘TITLE VII—FLEXIBILITY AND
ACCOUNTABILITY
‘‘PART A—STATE ACCOUNTABILITY FOR
IMPROVING ACADEMIC ACHIEVEMENT
‘‘SEC. 7101. STATE FINANCIAL AWARDS.
‘‘(a) IN GENERAL.—Beginning in the 2002–2003
school year, the Secretary shall make in accordance with
this section financial awards, to be known as ‘Achievement
in Education Awards’, to States that have made significant
progress in improving educational achievement.
‘‘(b) CRITERIA OF PROGRESS.—For the purposes of
subsection (a), the Secretary shall judge progress using each
of the following criteria, giving the greatest weight to the
criterion described in paragraph (1):
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•HR 1 RH1&2
‘‘(1) The progress of the State’s students from
economically disadvantaged families and students
from racial and ethnic minority groups—
‘‘(A) on the assessments administered by the
State under section 1111; and
‘‘(B) beginning in the 2003–2004 school
year, on assessments of 4th and 8th grade read-
ing and mathematics under—
‘‘(i) the State assessments carried out
as part of the National Assessment of Edu-
cational Progress under section 411 of the
National Education Statistics Act of 1994
(20 U.S.C. 9010); or
‘‘(ii) an assessment selected by the
State that—
‘‘(I) is administered annually;
‘‘(II) yields high quality data that
are valid and reliable;
‘‘(III) meets widely recognized
professional and technical standards,
including specific and rigorous test se-
curity procedures;
‘‘(IV) is developed by an entity
independent from each State and local
government agency in the State in a
849
•HR 1 RH1&2
manner that protects against any con-
flict of interest ;
‘‘(V) has no test questions that are
identical to the test questions used by
the assessment used to meet the State
assessment requirements under section
1111;
‘‘(VI) provides results in such a
form that they may be expressed in
terms of achievement levels that are
consistent with the achievement levels
(basic, proficient, and advanced) set
forth in section 1111;
‘‘(VII) provides results in such a
form that they may be disaggregated,
at a minimum, according to income
level and major racial and ethnic
group; and
‘‘(VIII) is administered to all stu-
dents or to a representative sample of
students in the 4th and 8th grades
statewide, with a sample size that is
sufficiently large to produce statis-
tically significant estimates of state-
wide student achievement.
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•HR 1 RH1&2
‘‘(2) The overall improvement in the achievement
of all of the State’s students, as measured by—
‘‘(A) the assessments administered by the
State under section 1111; and
‘‘(B) beginning in the 2003–2004 school
year, the assessments described in paragraph
(1)(B).
‘‘(3) The progress of the State in improving the
English proficiency of students who enter school with
limited English proficiency.
‘‘(c) OTHER CONSIDERATIONS.—In judging a State’s
progress under subsection (a), the Secretary may also
consider—
‘‘(1) the progress of the State in increasing the
percentage of students who graduate from secondary
schools; and
‘‘(2) the progress of the State in increasing the
percentage of students who take advanced coursework
(such as Advanced Placement or International Bacca-
laureate courses) and who pass the exams associated
with such coursework.
‘‘(d) AMOUNT.—The Secretary shall determine the
amount of an award under subsection (a) based on—
‘‘(1) the school-age population of the State; and
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•HR 1 RH1&2
‘‘(2) the degree of progress shown by a State with
respect to the criteria set forth in subsections (b) and
(c).
‘‘(e) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State receiving a financial
award under this section shall use the proceeds of
such award only to make financial awards to public
elementary and secondary schools in the State that
have made the most significant progress with respect
to the criteria described in subsection (b).
‘‘(2) USE BY SCHOOLS.—In consultation with
the school’s teachers, the principal of each elementary
or secondary school that receives a financial award
from a State under this section shall use the proceeds
of such award at the school for any educational pur-
pose permitted under State law.
‘‘(3) RESPONSIBLE STATE AGENCY.—The State
educational agency for each State shall be the agency
responsible for making awards under this subsection.
‘‘(f) PEER REVIEW.—In selecting States for awards
under subsection (a), the Secretary shall use a peer-review
process.
‘‘(g) COSTS OF INDEPENDENT ASSESSMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary shall make grants to States to offset the
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•HR 1 RH1&2
costs of administering assessments administered by
the States to meet the requirements of (b)(1)(B)(ii).
‘‘(2) LIMITATIONS.—Grants made by the Sec-
retary in any year to a State under paragraph (1)—
‘‘(A) may be awarded only to offset the costs
of a single administration of an assessment de-
scribed in such paragraph in the State for that
year; and
‘‘(B) may not exceed the costs of admin-
istering in the State for that year the State as-
sessments that would be carried out under the
National Assessment of Educational Progress de-
scribed in subsection (b)(1)(B).
‘‘(3) ALLOCATION.—The Secretary may deter-
mine the appropriate methodology of allocating
grants to States under this subsection.
‘‘SEC. 7102. STATE SANCTIONS.
‘‘(a) FAILURE TO MAKE PROGRESS.—
‘‘(1) LOSS
OF
ADMINISTRATIVE
FUNDS.—The
Secretary shall reduce, by 30 percent, the amount of
funding that a State may reserve for State adminis-
tration under the State formula grant programs au-
thorized by this Act if the Secretary determines that,
for 2 consecutive years—
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•HR 1 RH1&2
‘‘(A) the State’s students from economically
disadvantaged families and students from racial
and ethnic minority groups failed to make ade-
quate yearly progress on the assessments admin-
istered by the State under section 1111; and
‘‘(B) the State’s students from economically
disadvantaged families and students from racial
and ethnic minority groups failed to make meas-
urable progress in reading and mathematics, as
measured by the 4th and 8th grade assessments
described in subsection (b)(1)(B).
‘‘(2) FURTHER REDUCTIONS.—In each of the first 2
years after the years described in paragraph (1), the Sec-
retary may increase the reduction described in such para-
graph by any amount not more than a total of an addi-
tional 45 percent.
‘‘(b) OTHER FAILURES.—In addition to any action
taken under subsection (a)(1) or (a)(2), the Secretary shall
reduce, by 20 percent, the amount of funding that a State
may reserve for State administration under the State for-
mula grant programs authorized by this Act if the Sec-
retary determines that, for 2 consecutive years, the State
failed to make adequate yearly progress—
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‘‘(1) with respect to the achievement of children
with limited English proficiency under section
1111(b)(2)(C)(iii)(II)(dd); or
‘‘(2) with respect to the acquisition of English
language proficiency by children with limited English
proficiency under section 1111(b)(2)(C)(iii)(III).
‘‘(c) USE OF FUNDS FOR IMPROVEMENT.—
‘‘(1) IN GENERAL.—The Secretary shall require
that any funds reduced under this section be allocated
by the State to local educational agencies in the State
for school improvement purposes described in section
1116.
‘‘(2) TREATMENT OF FUNDS.—Funds described
in paragraph (1) shall not count toward the amounts
that are required to be reserved by a State for school
improvement under section 1003.
‘‘SEC. 7103. DEVELOPMENT OF STATE STANDARDS AND AS-
SESSMENTS.
‘‘(a) IN GENERAL.—The Secretary shall make finan-
cial awards to States to enable the States—
‘‘(1) to pay the costs of the development of the
additional State assessments and standards required
by section 1111(b), including the costs of working in
voluntary partnerships with other States, at the sole
discretion of each such State, in developing such as-
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sessments and standards if a State chooses to do so;
and
‘‘(2) if a State has developed the assessments and
standards referred to in paragraph (1), to administer
such assessments or to carry out other activities de-
scribed in this title and other activities related to en-
suring accountability for results in the State’s schools
and local educational agencies, such as—
‘‘(A) developing academic content and
achievement standards and aligned assessments
in other subjects not required by Section 1111;
‘‘(B) developing assessments of English lan-
guage proficiency necessary to comply with sec-
tion 1111(b)(7);
‘‘(C) assuring the continued validity and
reliability of State assessments;
‘‘(D) refining State assessments to ensure
their continued alignment with the State’s aca-
demic content standards and to improve the
alignment of curricula and instruction mate-
rials;
‘‘(E) providing for multiple measures to in-
crease the reliability and validity of student and
school classifications;
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‘‘(F) strengthening the capacity of local
educational agencies and schools to provide all
students the opportunity to increase educational
achievement;
‘‘(G) expanding the range of accommoda-
tions available to students with limited English
proficiency and students with disabilities to im-
prove the rates of inclusion of such students; and
‘‘(H) improving the dissemination of infor-
mation on student achievement and school per-
formance to parents and the community.
‘‘(b) BONUSES.—The Secretary shall make a one-time
bonus payment to each State that completes the development
of the assessments described in subsection (a) ahead of the
deadline set forth in section 1111.
‘‘SEC. 7104. FUNDING.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) AWARDS AND BONUS PAYMENTS.—For the
purposes of making awards under section 7101 and
bonus payments under section 7103(b), there are au-
thorized to be appropriated $40,000,000 for fiscal
year 2002 and such sums as may be necessary for
each of fiscal years 2003 through 2006.
‘‘(2) GRANTS FOR INDEPENDENT ASSESSMENTS;
ADMINISTRATION
OF
STATE
ASSESSMENTS
UNDER
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NAEP.—For the purposes of making grants to offset
the costs of independent assessments under section
7101(g) and for the purposes of administering the
State assessments carried out under the National As-
sessment of Educational Progress referred to in sec-
tion 7101(b)(1)(B)(i), there are authorized to be ap-
propriated to the Secretary $69,000,000 for fiscal
year 2002 and such sums as may be necessary for
each of fiscal years 2003 through 2006.
‘‘(3) DEVELOPMENT
AND
ADMINISTRATION
OF
STATE STANDARDS AND ASSESSMENTS.—For the pur-
poses of carrying out subsection 7103(a), there are au-
thorized to be appropriated $400,000,000 for fiscal
year 2002 and such sums as may be necessary for
each of the fiscal years 2003 through 2005.
‘‘(b) ALLOCATION OF APPROPRIATED FUNDS.—From
each of the amounts appropriated under subsection (a), the
Secretary shall allocate to the States—
‘‘(1) 50 percent based on the relative number of
children aged 5 to 17 in each State; and
‘‘(2) 50 percent allocated equally among the
States.
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‘‘PART B—FUNDING FLEXIBILITY FOR STATE AND
LOCAL EDUCATIONAL AGENCIES
‘‘SEC. 7201. SHORT TITLE.
‘‘This part may be cited as the ‘State and Local Trans-
ferability Act’.
‘‘SEC. 7202. PURPOSE.
‘‘The purpose of this part is to allow States and local
educational agencies the flexibility—
‘‘(1) to target Federal funds to Federal programs
that most effectively address the unique needs of
States and localities; and
‘‘(2) to transfer Federal funds allocated to other
activities to allocations for activities authorized under
title I programs.
‘‘SEC. 7203. TRANSFERABILITY OF FUNDS.
‘‘(a) TRANSFERS BY STATES.—
‘‘(1) IN
GENERAL.—In accordance with this
part, a State may transfer up 50 percent of the non-
administrative State funds allocated to the State for
use for State-level activities under each of the fol-
lowing provisions to 1 or more of the State’s alloca-
tions under any other of such provisions:
‘‘(A) Part A of Title II.
‘‘(B) Subpart 1 of part A of title IV.
‘‘(C) Part A or B of title V.
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‘‘(2) SUPPLEMENTAL FUNDS FOR TITLE I.—In
accordance with this part, a State may transfer any
funds allocated to the State under a provision listed
in paragraph (1) to its allocation under title I.
‘‘(b) TRANSFERS
BY LOCAL EDUCATIONAL AGEN-
CIES.—
‘‘(1) AUTHORITY TO TRANSFER FUNDS.—
‘‘(A) IN GENERAL.—In accordance with this
part, a local educational agency (except a local
educational agency identified for improvement
under section 1116(c)(2) or subject to corrective
action under section 1116(c)(9)) may transfer
not more than 50 percent of the funds allocated
to it under each of the provisions listed in para-
graph (2) for a fiscal year to 1 or more of its
allocations for such fiscal year under any other
provision listed in paragraph (2).
‘‘(B) AGENCIES IDENTIFIED FOR IMPROVE-
MENT.—A local educational agency identified for
improvement under section 1116(c)(2) may
transfer in accordance with this part not more
than 30 percent of the funds allocated to it under
each of the provisions listed in paragraph (2)—
‘‘(i) to its allocation for school im-
provement under section 1003;
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‘‘(ii) to any other allocation if such
transferred funds are used only for local
educational agency improvement activities
consistent with section 1116(d).
‘‘(C) SUPPLEMENTAL
FUNDS
FOR
TITLE
I.—In accordance with this part, a local edu-
cational agency may transfer funds allocated to
such agency under a provision listed in para-
graph (2) to its allocation under title I.
‘‘(2) APPLICABLE
PROVISIONS.—A local edu-
cational agency may transfer funds under subpara-
graph (A) or (B) from allocations made under each
of the following provisions:
‘‘(A) Title II.
‘‘(B) Subpart 1 of Part A of title IV.
‘‘(C) Part A of title V or section 5212(2)(A).
‘‘(c) NO TRANSFER OF TITLE I FUNDS.—A State or
a local educational agency may not transfer under this part
to any other program any funds allocated to it under title
I.
‘‘(d) MODIFICATION OF PLANS AND APPLICATIONS; NO-
TIFICATION.—
‘‘(1) STATE TRANSFERS.—Each State that makes
a transfer of funds under this section shall—
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‘‘(A) modify to account for such transfer
each State plan, or application submitted by the
State, to which such funds relate;
‘‘(B) not later than 30 days after the date
of such transfer, submit a copy of such modified
plan or application to the Secretary; and
‘‘(C) not later than 30 days before the effec-
tive date of such transfer, notify the Secretary of
such transfer.
‘‘(2) LOCAL TRANSFERS.—Each local educational
agency that makes a transfer under this section
shall—
‘‘(A) modify to account for such transfer
each local plan, or application submitted by the
agency, to which such funds relate;
‘‘(B) not later than 30 days after the date
of such transfer, submit a copy of such modified
plan or application to the State; and
‘‘(C) not later than 30 days before the effec-
tive date of such transfer, notify the State of such
transfer.
‘‘(e) APPLICABLE RULES.—
‘‘(1) IN GENERAL.—Except as otherwise provided
in this part, funds transferred under this section are
subject to each of the rules and requirements applica-
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•HR 1 RH1&2
ble to the funds allocated by the Secretary under the
provision to which the transferred funds are trans-
ferred.
‘‘(2) CONSULTATION.—Each State educational
agency or local educational agency that transfers
funds under this section shall conduct consultations
in accordance with section 8503(c), if such transfer
transfers funds from a program that provides for the
participation of students, teachers, or other edu-
cational personnel, from private schools.’’.
TITLE VIII—GENERAL
PROVISIONS
SEC. 801. GENERAL PROVISIONS.
The Elementary and Secondary Education Act of
1965, as amended by this Act, is further amended by adding
at the end of title VII the following:
‘‘TITLE VIII—GENERAL
PROVISIONS
‘‘PART A—DEFINITIONS
‘‘SEC. 8101. DEFINITIONS.
‘‘Except as otherwise provided, for the purposes of this
Act, the following terms have the following meanings:
‘‘(1) Average daily attendance—
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‘‘(A) Except as provided otherwise by State
law or this paragraph, the term ‘average daily
attendance’ means—
‘‘(i) the aggregate number of days of
attendance of all students during a school
year; divided by
‘‘(ii) the number of days school is in
session during such school year.
‘‘(B) The Secretary shall permit the conver-
sion of average daily membership (or other simi-
lar data) to average daily attendance for local
educational agencies in States that provide State
aid to local educational agencies on the basis of
average daily membership or such other data.
‘‘(C) If the local educational agency in
which a child resides makes a tuition or other
payment for the free public education of the child
in a school located in another school district, the
Secretary shall, for purposes of this Act—
‘‘(i) consider the child to be in attend-
ance at a school of the agency making such
payment; and
‘‘(ii) not consider the child to be in at-
tendance at a school of the agency receiving
such payment.
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‘‘(D) If a local educational agency makes a
tuition payment to a private school or to a pub-
lic school of another local educational agency for
a child with disabilities, as defined in paragraph
(5), the Secretary shall, for the purposes of this
Act, consider such child to be in attendance at
a school of the agency making such payment.
‘‘(2) AVERAGE
PER-PUPIL
EXPENDITURE.—The
term ‘average per-pupil expenditure’ means, in the
case of a State or of the United States—
‘‘(A) without regard to the source of
funds—
‘‘(i) the aggregate current expenditures,
during the third fiscal year preceding the
fiscal year for which the determination is
made (or, if satisfactory data for that year
are not available, during the most recent
preceding fiscal year for which satisfactory
data are available) of all local educational
agencies in the State or, in the case of the
United States for all States (which, for the
purpose of this paragraph, means the 50
States and the District of Columbia); plus
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•HR 1 RH1&2
‘‘(ii) any direct current expenditures
by the State for the operation of such agen-
cies; divided by
‘‘(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such pre-
ceding year.
‘‘(3) BEGINNING
TEACHER.—The term ‘begin-
ning teacher’ means an educator in a public school
who has been teaching less than a total of 3 complete
school years.
‘‘(4) CHILD.—The term ‘child’ means any person
within the age limits for which the State provides free
public education.
‘‘(5) CHILD WITH DISABILITY.—The term ‘child
with a disability’ means a child—
‘‘(A) with mental retardation, hearing im-
pairments (including deafness), speech or lan-
guage impairments, visual impairments (includ-
ing blindness), serious emotional disturbance
(hereinafter referred to as ‘emotional disturb-
ance’), orthopedic impairments, autism, trau-
matic brain injury, other health impairments, or
specific learning disabilities; and
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‘‘(B) who, by reason thereof, needs special
education and related services.
‘‘(6) COMMUNITY-BASED
ORGANIZATION.—The
term ‘community-based organization’ means a public
or private nonprofit organization of demonstrated ef-
fectiveness that—
‘‘(A) is representative of a community or
significant segments of a community; and
‘‘(B) provides educational or related services
to individuals in the community.
‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The
term ‘consolidated local application’ means an appli-
cation submitted by a local educational agency pursu-
ant to section 14305.
‘‘(8) CONSOLIDATED
LOCAL
PLAN.—The term
‘consolidated local plan’ means a plan submitted by
a local educational agency pursuant to section 14305.
‘‘(9) CONSOLIDATED STATE APPLICATION.—The
term ‘consolidated State application’ means an appli-
cation submitted by a State educational agency pur-
suant to section 14302.
‘‘(10) CONSOLIDATED
STATE
PLAN.—The term
‘consolidated State plan’ means a plan submitted by
a State educational agency pursuant to section
14302.
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‘‘(11) COUNTY.—The term ‘county’ means one of
the divisions of a State used by the Secretary of Com-
merce in compiling and reporting data regarding
counties.
‘‘(12) COVERED
PROGRAM.—The term ‘covered
program’ means each of the programs authorized
by—
‘‘(A) part A of title I;
‘‘(B) part B of title I;
‘‘(C) part C of title I;
‘‘(D) part D of title I;
‘‘(E) part F of title I;
‘‘(F) part G of title I;
‘‘(G) part A of title II;
‘‘(H) part A of title III;
‘‘(I) part A of title V;
‘‘(J) part B of title V; and
‘‘(K) part A of title IV:
‘‘(13) CURRENT EXPENDITURES.—The term ‘cur-
rent expenditures’ means expenditures for free public
education—
‘‘(A) including expenditures for administra-
tion, instruction, attendance, pupil transpor-
tation services, operation and maintenance of
plant, fixed charges, and net expenditures to
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cover deficits for food services and student body
activities; but
‘‘(B) not including expenditures for commu-
nity services, capital outlay, and debt service, or
any expenditures made from funds received
under title I and part A of title IV.
‘‘(14) DEPARTMENT.—The term ‘Department’
means the Department of Education.
‘‘(15) EDUCATIONAL
SERVICE
AGENCY.—The
term ‘educational service agency’ means a regional
public multiservice agency authorized by State statute
to develop, manage, and provide services or programs
to local educational agencies.
‘‘(16) EFFECTIVE SCHOOLS PROGRAM.—The term
‘effective schools program’ means a school-based pro-
gram that may encompass preschool through sec-
ondary school levels and that has the objectives of—
‘‘(A) promoting school-level planning, in-
structional improvement, and staff development;
‘‘(B) increasing the academic achievement
levels of all children and particularly education-
ally disadvantaged children; and
‘‘(C) achieving as ongoing conditions in the
school the following factors identified through
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scientifically based research as distinguishing ef-
fective from ineffective schools:
‘‘(i) Strong and effective administra-
tive and instructional leadership that cre-
ates consensus on instructional goals and
organizational capacity for instructional
problem solving.
‘‘(ii) Emphasis on the acquisition of
basic and advanced academic skills.
‘‘(iii) A safe and orderly school envi-
ronment that allows teachers and pupils to
focus their energies on academic achieve-
ment.
‘‘(iv) Continuous review of students
and programs to evaluate the effects of in-
struction.
‘‘(17) ELEMENTARY SCHOOL.—The term ‘elemen-
tary school’ means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
‘‘(18) ESSENTIAL COMPONENTS OF READING IN-
STRUCTION.—The term ‘essential components of read-
ing instruction’ means explicit and systematic in-
struction in—
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‘‘(A) phonemic awareness;
‘‘(B) phonics;
‘‘(C) vocabulary development;
‘‘(D) reading fluency; and
‘‘(E) reading comprehension strategies.
‘‘(19) FAMILY
LITERACY
SERVICES.—The term
‘family literacy services’ means services provided to
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient du-
ration, to make sustainable changes in a family, and
that integrate all of the following activities:
‘‘(A) Interactive literacy activities between
parents and their children.
‘‘(B) Training for parents regarding how to
be the primary teacher for their children and full
partners in the education of their children.
‘‘(C) Parent literacy training that leads to
economic self-sufficiency.
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life expe-
riences.
‘‘(20) FREE PUBLIC EDUCATION.—The term ‘free
public education’ means education that is provided—
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‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge;
and
‘‘(B) as elementary or secondary school edu-
cation as determined under applicable State law,
except that such term does not include any edu-
cation provided beyond grade 12.
‘‘(21) 
FULLY
QUALIFIED.—The 
term 
‘fully
qualified’—
‘‘(A) when used with respect to a public ele-
mentary or secondary school teacher means that
the teacher has obtained State certification as a
teacher (including certification obtained through
alternative routes to certification) or passed the
State teacher licensing exam and holds a license
to teach in such State, except that when used
with respect to any teacher teaching in a public
charter school, means that the teacher meets the
requirements set forth in the State’s public char-
ter school law; and
‘‘(B) when used with respect to—
‘‘(i) an elementary school teacher,
means that the teacher holds a bachelor’s de-
gree and demonstrates knowledge and teach-
ing skills in reading, writing, mathematics,
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•HR 1 RH1&2
science, and other areas of the elementary
school curriculum; and
‘‘(ii) a middle or secondary school
teacher, means that the teacher holds a
bachelor’s degree and demonstrates a high
level of competency in all subject areas in
which he or she teaches through—
‘‘(I) a passing level of perform-
ance on a rigorous State or local aca-
demic subject areas test; or
‘‘(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
‘‘(22) GIFTED AND TALENTED.—The term ‘gifted
and talented’, when used with respect to students,
children or youth, means students, children or youth
who give evidence of high performance capability in
areas such as intellectual, creative, artistic, or leader-
ship capacity, or in specific academic fields, and who
require services or activities not ordinarily provided
by the school in order to fully develop such capabili-
ties.
‘‘(23) INSTITUTION
OF
HIGHER
EDUCATION.—
The term ‘institution of higher education’ has the
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meaning given that term in section 101 of the Higher
Education Act of 1965.
‘‘(24) 
LIMITED
ENGLISH
PROFICIENT
STU-
DENT.—The term ‘limited English proficient student’
means an individual aged 5 through 17 enrolled in
an elementary school or secondary school—
‘‘(A) who—
‘‘(i) was not born in the United States
or whose native language is a language
other than English;
‘‘(ii)(I) is a Native American or Alas-
ka Native, or a native resident of the out-
lying areas; and
‘‘(II) comes from an environment
where a language other than English has
had a significant impact on such individ-
ual’s level of English language proficiency;
or
‘‘(iii) is migratory, whose native lan-
guage is a language other than English, and
who comes from an environment where a
language other than English is dominant;
and
‘‘(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
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language, and whose difficulties may deny the
individual—
‘‘(i) the ability to meet the State’s pro-
ficient level of performance on State assess-
ments described in section 1111(b)(4) in
core academic subjects; or
‘‘(ii) the opportunity to participate
fully in society.
‘‘(25) LOCAL
EDUCATIONAL
AGENCY.—(A) The
term ‘local educational agency’ means a public board
of education or other public authority legally con-
stituted within a State for either administrative con-
trol or direction of, or to perform a service function
for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of
school districts or counties as are recognized in a
State as an administrative agency for its public ele-
mentary or secondary schools.
‘‘(B) The term includes any other public institu-
tion or agency having administrative control and di-
rection of a public elementary or secondary school.
‘‘(C) The term includes an elementary or sec-
ondary school funded by the Bureau of Indian Affairs
but only to the extent that such inclusion makes such
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school eligible for programs for which specific eligi-
bility is not provided to such school in another provi-
sion of law and such school does not have a student
population that is smaller than the student popu-
lation of the local educational agency receiving assist-
ance under this Act with the smallest student popu-
lation, except that such school shall not be subject to
the jurisdiction of any State educational agency other
than the Bureau of Indian Affairs.
‘‘(D) The term includes educational service agen-
cies and consortia of such agencies.
‘‘(26) MENTORING.—The term ‘mentoring’ means
a program in which an adult works with a child or
youth on a 1-to-1 basis, establishing a supportive re-
lationship, providing academic assistance, and intro-
ducing the child or youth to new experiences that en-
hance the child or youth’s ability to excel in school
and become a responsible citizen.
‘‘(27) NATIVE AMERICAN AND NATIVE AMERICAN
LANGUAGE.—The terms ‘Native American’ and ‘Na-
tive American language’ shall have the same meaning
given such terms in section 103 of the Native Amer-
ican Languages Act of 1990.
‘‘(28) OTHER
STAFF.—The term ‘other staff’
means pupil services personnel, librarians, career
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guidance and counseling personnel, education aides,
and other instructional and administrative personnel.
‘‘(29) OUTLYING
AREA.—The term ‘outlying
area’ means the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands, and through fiscal year
2003 and for the purpose of any discretionary grant
program, includes the freely associated states of the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
‘‘(30) PARENT.—The term ‘parent’ includes a
legal guardian, or other person standing in loco
parentis (such as a grandparent or stepparent with
whom the child lives, or a person who is legally re-
sponsible for the child’s welfare).
‘‘(31) PUPIL SERVICES PERSONNEL; PUPIL SERV-
ICES.—(A) The term ‘pupil services personnel’ means
school counselors, school social workers, school psy-
chologists, and other qualified professional personnel
involved in providing assessment, diagnosis, coun-
seling, educational, therapeutic, and other necessary
services (including related services as such term is de-
fined in section 602(22) of the Individuals with Dis-
abilities Education Act) as part of a comprehensive
program to meet student needs.
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‘‘(B) The term ‘pupil services’ means the services
provided by pupil services personnel.
‘‘(32) READING.—The term ‘reading’ means a
complex system of deriving meaning from print that
requires all of the following:
‘‘(A) Skills and knowledge to understand
how phonemes, or speech sounds are connected in
print.
‘‘(B) Ability to decode unfamiliar words.
‘‘(C) Ability to read fluently.
‘‘(D) Sufficient background information
and vocabulary to foster reading comprehensions.
‘‘(E) Development of appropriate active
strategies to construct meaning from print.
‘‘(F) Development and maintenance of a
motivation to read.
‘‘(33) RIGOROUS
DIAGNOSTIC
READING
AND
SCREENING ASSESSMENT TOOLS.—The term ‘rigorous
diagnostic reading and screening assessment tools’
means a diagnostic reading assessment that—
‘‘(A) is valid, reliable, and grounded on sci-
entifically based reading research;
‘‘(B) measures progress in developing pho-
nemic awareness and phonics skills, vocabulary,
reading fluency, and reading comprehension;
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‘‘(C) identifies students who may be at risk
for reading failure or who are having difficulty
reading; and
‘‘(D) are used to improve instruction.
‘‘(34) SCIENTIFICALLY BASED RESEARCH.—The
term ‘scientifically based research’—
‘‘(A) means the application of rigorous, sys-
tematic, and objective procedures to obtain valid
knowledge relevant to education activities and
programs; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or experi-
ment;
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
‘‘(iv) is evaluated using randomized
experiments in which individuals, entities,
programs, or activities are randomly as-
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signed to different variations (including a
control condition) to compare the relative
effects of the variations; and
‘‘(v) has been accepted by a peer-re-
viewed journal or approved by a panel of
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘(35) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or
residential school, including a public secondary char-
ter school, that provides secondary education, as de-
termined under State law, except that such term does
not include any education beyond grade 12.
‘‘(36) SECRETARY.—The term ‘Secretary’ means
the Secretary of Education.
‘‘(37) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, the Common-
wealth of Puerto Rico, and each of the outlying areas.
‘‘(38) STATE EDUCATIONAL AGENCY.—The term
‘State educational agency’ means the agency pri-
marily responsible for the State supervision of public
elementary and secondary schools.
‘‘(39) 
TECHNOLOGY.—The 
term 
‘technology’
means the latest state-of-the-art technology products
and services.
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‘‘SEC. 8102. APPLICABILITY OF TITLE.
‘‘Parts B, C, D, and E of this title do not apply to
title VI of this Act.
‘‘SEC. 8103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS
OPERATED SCHOOLS.
‘‘For purposes of any competitive program under this
Act, a consortia of schools operated by the Bureau of Indian
Affairs, a school operated under a contract or grant with
the Bureau of Indian Affairs in consortia with another con-
tract or grant school or tribal or community organization,
or a Bureau of Indian Affairs school in consortia with an
institution of higher education, a contract or grant school
and tribal or community organization shall be given the
same consideration as a local educational agency.
‘‘PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
‘‘SEC. 8201. CONSOLIDATION OF STATE ADMINISTRATIVE
FUNDS FOR ELEMENTARY AND SECONDARY
EDUCATION PROGRAMS.
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
may consolidate the amounts specifically made avail-
able to such agency for State administration under
one or more of the programs under paragraph (2) if
such State educational agency can demonstrate that
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the majority of such agency’s resources are derived
from non-Federal sources.
‘‘(2) APPLICABILITY.—This section applies to
any program under this Act under which funds are
authorized to be used for administration, and such
other programs as the Secretary may designate.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
shall use the amount available under this section for
the administration of the programs included in the
consolidation under subsection (a).
‘‘(2) ADDITIONAL
USES.—A State educational
agency may also use funds available under this sec-
tion for administrative activities designed to enhance
the effective and coordinated use of funds under pro-
grams included in the consolidation under subsection
(a), such as—
‘‘(A) the coordination of such programs
with other Federal and non-Federal programs;
‘‘(B) the establishment and operation of
peer-review mechanisms under this Act;
‘‘(C) the administration of this title;
‘‘(D) the dissemination of information re-
garding model programs and practices;
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‘‘(E) technical assistance under any pro-
gram under this Act;
‘‘(F) State level activities designed to carry
out this title;
‘‘(G) training personnel engaged in audit
and other monitoring activities; and
‘‘(H) implementation of the Cooperative
Audit Resolution and Oversight Initiative of the
Department of Education.
‘‘(c) RECORDS.—A State educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual program,
to account for costs relating to the administration of pro-
grams included in the consolidation under subsection (a).
‘‘(d) REVIEW.—To determine the effectiveness of State
administration under this section, the Secretary may peri-
odically review the performance of State educational agen-
cies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appro-
priate to ensure the effectiveness of such administration.
‘‘(e) UNUSED
ADMINISTRATIVE
FUNDS.—If a State
educational agency does not use all of the funds available
to such agency under this section for administration, such
agency may use such funds during the applicable period
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of availability as funds available under one or more pro-
grams included in the consolidation under subsection (a).
‘‘SEC. 8202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
‘‘A State educational agency that also serves as a local
educational agency, in such agency’s applications or plans
under this Act, shall describe how such agency will elimi-
nate duplication in the conduct of administrative functions.
‘‘SEC. 8203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN-
ISTRATION.
‘‘(a) GENERAL AUTHORITY.—In accordance with regu-
lations of the Secretary and for any fiscal year, a local edu-
cational agency, with the approval of its State educational
agency, may consolidate and use for the administration of
one or more programs under this Act (or such other pro-
grams as the Secretary shall designate) not more than the
percentage, established in each such program, of the total
available for the local educational agency under such pro-
grams.
‘‘(b) STATE PROCEDURES.—Within one-year from the
date of enactment of the No Child Left Behind Act of 2001,
a State educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and
for establishing limitations on the amount of funds under
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•HR 1 RH1&2
such programs that may be used for administration on a
consolidated basis.
‘‘(c) CONDITIONS.—A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu-
cational agency that consolidates administrative funds
under this section may use such consolidated funds for the
administration of such programs and for uses, at the school
district and school levels, comparable to those described in
section 8201(b)(2).
‘‘(e) RECORDS.—A local educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual program,
to account for costs relating to the administration of such
programs included in the consolidation.
‘‘SEC. 8204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT
OF THE INTERIOR FUNDS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) TRANSFER.—The Secretary shall transfer to
the Department of the Interior, as a consolidated
amount for covered programs, the Indian education
programs under subpart 1 of part B of title III, and
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the education for homeless children and youth pro-
gram under subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act, the amounts al-
lotted to the Department of the Interior under those
programs.
‘‘(2) AGREEMENT.—(A) The Secretary and the
Secretary of the Interior shall enter into an agree-
ment, consistent with the requirements of the pro-
grams specified in paragraph (1), for the distribution
and use of those program funds under terms that the
Secretary determines best meet the purposes of those
programs.
‘‘(B) The agreement shall—
‘‘(i) set forth the plans of the Secretary of
the Interior for the use of the amount transferred
and the performance measures to assess program
effectiveness, including measurable goals and ob-
jectives; and
‘‘(ii) be developed in consultation with In-
dian tribes.
‘‘(b) ADMINISTRATION.—The Department of the Inte-
rior may use not more than 1.5 percent of the funds consoli-
dated under this section for such department’s costs related
to the administration of the funds transferred under this
section.
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‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL PLANS AND
APPLICATIONS
‘‘SEC. 8301. PURPOSE.
‘‘The purposes of this part are to improve teaching and
learning through greater coordination between programs
and to provide greater flexibility to State and local authori-
ties by allowing the consolidation of State and local plans,
applications, and reporting.
‘‘SEC. 8302. OPTIONAL CONSOLIDATED STATE PLANS OR AP-
PLICATIONS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) SIMPLIFICATION.—In order to simplify ap-
plication requirements and reduce the burden for
States under this Act, the Secretary, in accordance
with subsection (b), shall establish procedures and cri-
teria under which a State educational agency, in con-
sultation with the State’s Governor, may submit a
consolidated State plan or a consolidated State appli-
cation meeting the requirements of this section for—
‘‘(A) any programs under this Act in which
the State participates; and
‘‘(B) such other programs as the Secretary
may designate.
‘‘(2) 
CONSOLIDATED
APPLICATIONS
AND
PLANS.—A State educational agency, in consultation
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with the State’s Governor, that submits a consolidated
State plan or a consolidated State application under
this section shall not be required to submit a separate
State plan or application for a program included in
the consolidated State plan or application.
‘‘(b) COLLABORATION.—
‘‘(1) IN GENERAL.—In establishing criteria and
procedures under this section, the Secretary shall col-
laborate with Governors, State educational agencies
and, as appropriate, with other State agencies, local
educational agencies, public and private nonprofit
agencies, organizations, and institutions, private
schools, and representatives of parents, students, and
teachers.
‘‘(2) 
CONTENTS.—Through 
the 
collaborative
process described in paragraph (1), the Secretary
shall establish, for each program under the Act to
which this section applies, the descriptions, informa-
tion, assurances, and other material required to be in-
cluded in a consolidated State plan or consolidated
State application.
‘‘(3) NECESSARY
MATERIALS.—The Secretary
shall require only descriptions, information, assur-
ances, and other materials that are absolutely nec-
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•HR 1 RH1&2
essary for the consideration of the consolidated State
plan or consolidated State application.
‘‘SEC. 8303. CONSOLIDATED REPORTING.
‘‘In order to simplify reporting requirements and re-
duce reporting burdens, the Secretary shall establish proce-
dures and criteria under which a State educational agency,
in consultation with the State’s Governor, may submit a
consolidated State annual report. Such report shall contain
information about the programs included in the report, in-
cluding the State’s performance under those programs, and
other matters as the Secretary determines, such as moni-
toring activities. Such a report shall take the place of sepa-
rate individual annual reports for the programs subject to
it.
‘‘SEC. 8304. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES.
‘‘(a) ASSURANCES.—A State educational agency, in
consultation with the State’s Governor, that submits a con-
solidated State plan or consolidated State application
under this Act, whether separately or under section 8302,
shall have on file with the Secretary a single set of assur-
ances, applicable to each program for which such plan or
application is submitted, that provides that—
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•HR 1 RH1&2
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
‘‘(2)(A) the control of funds provided under each
such program and title to property acquired with
program funds will be in a public agency, in a non-
profit private agency, institution, or organization, or
in an Indian tribe if the law authorizing the program
provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing law;
‘‘(3) the State will adopt and use proper methods
of administering each such program, including—
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for car-
rying out each program;
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and
‘‘(C) the adoption of written procedures for
the receipt and resolution of complaints alleging
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•HR 1 RH1&2
violations of law in the administration of such
programs;
‘‘(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for
the Secretary or other Federal officials;
‘‘(5) the State will use such fiscal control and
fund accounting procedures as will ensure proper dis-
bursement of, and accounting for, Federal funds paid
to the State under each such program;
‘‘(6) the State will—
‘‘(A) make reports to the Secretary as may
be necessary to enable the Secretary to perform
the Secretary’s duties under each such program;
and
‘‘(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find nec-
essary to carry out the Secretary’s duties; and
‘‘(7) before the plan or application was sub-
mitted to the Secretary, the State has afforded a rea-
sonable opportunity for public comment on the plan
or application and has considered such comment.
‘‘(b) GEPA PROVISION.—Section 441 of the General
Education Provisions Act shall not apply to programs
under this Act.
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‘‘SEC. 8305. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS.
‘‘(a) GENERAL
AUTHORITY.—A local educational
agency receiving funds under more than one program under
this Act may submit plans or applications to the Governor
and State educational agency under such programs on a
consolidated basis.
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State that has an approved consolidated State
plan or application under section 8302 may require local
educational agencies in the State receiving funds under
more than one program included in the consolidated State
plan or consolidated State application to submit consoli-
dated local plans or applications under such programs, but
may not require such agencies to submit separate plans.
‘‘(c) COLLABORATION.—A Governor and State edu-
cational agency shall collaborate with local educational
agencies in the State in establishing procedures for the sub-
mission of the consolidated State plans or consolidated
State applications under this section.
‘‘(d) NECESSARY MATERIALS.—The State shall require
only descriptions, information, assurances, and other mate-
rial that are absolutely necessary for the consideration of
the local educational agency plan or application.
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•HR 1 RH1&2
‘‘SEC. 8306. OTHER GENERAL ASSURANCES.
‘‘(a) ASSURANCES.—Any applicant other than a State
that submits a plan or application under this Act, shall
have on file with the State a single set of assurances, appli-
cable to each program for which a plan or application is
submitted, that provides that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
‘‘(2)(A) the control of funds provided under each
such program and title to property acquired with
program funds will be in a public agency or in a
nonprofit private agency, institution, organization, or
Indian tribe, if the law authorizing the program pro-
vides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing statutes;
‘‘(3) the applicant will adopt and use proper
methods 
of 
administering 
each 
such 
program,
including—
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for car-
rying out each program; and
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•HR 1 RH1&2
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation;
‘‘(4) the applicant will cooperate in carrying out
any evaluation of each such program conducted by or
for the State educational agency, the Secretary or
other Federal officials;
‘‘(5) the applicant will use such fiscal control
and fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds
paid to such applicant under each such program;
‘‘(6) the applicant will—
‘‘(A) make reports to the Governor and
State educational agency and the Secretary as
may be necessary to enable such agency and the
Secretary to perform their duties under each
such program; and
‘‘(B) maintain such records, provide such
information, and afford access to the records as
the Governor and State educational agency or
the Secretary may find necessary to carry out
the State’s or the Secretary’s duties; and
‘‘(7) before the application was submitted, the
applicant afforded a reasonable opportunity for pub-
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•HR 1 RH1&2
lic comment on the application and has considered
such comment.
‘‘(b) GEPA PROVISION.—Section 442 of the General
Education Provisions Act shall not apply to programs
under this Act.
‘‘PART D—WAIVERS
‘‘SEC. 8401. WAIVERS OF STATUTORY AND REGULATORY RE-
QUIREMENTS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c), the Secretary may waive any statutory or regulatory
requirement of this Act or the Carl D. Perkins Vocational
and Technical Education Act of 1998 for a State edu-
cational agency, local educational agency, Indian tribe, or
school through a local educational agency, that—
‘‘(1) receives funds under a program authorized
by this Act; and
‘‘(2) requests a waiver under subsection (b).
‘‘(b) REQUEST FOR WAIVER.—
‘‘(1) IN GENERAL.—A State educational agency,
local educational agency, or Indian tribe which de-
sires a waiver shall submit a waiver application to
the Secretary that—
‘‘(A) indicates each Federal program af-
fected and each statutory or regulatory require-
ment requested to be waived;
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•HR 1 RH1&2
‘‘(B) describes the purpose and overall ex-
pected results of waiving each such requirement;
‘‘(C) describes, for each school year, specific,
measurable, educational goals for the State edu-
cational agency and for each local educational
agency, Indian tribe, or school that would be af-
fected by the waiver; and
‘‘(D) explains why the waiver will assist the
State educational agency and each affected local
educational agency, Indian tribe, or school in
reaching such goals.
‘‘(2) 
ADDITIONAL
INFORMATION.—Such
requests—
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies,
local educational agencies, Indian tribes, and
schools; and
‘‘(B) shall be developed and submitted—
‘‘(i)(I) by local educational agencies
(on behalf of such agencies and schools) to
State educational agencies; and
‘‘(II) by State educational agencies (on
behalf of, and based upon the requests of,
local educational agencies) to the Secretary;
or
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•HR 1 RH1&2
‘‘(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the Sec-
retary.
‘‘(3) GENERAL REQUIREMENTS.—
‘‘(A) In the case of a waiver request sub-
mitted by a State educational agency acting in
its own behalf, the State educational agency
shall—
‘‘(i) provide all interested local edu-
cational agencies in the State with notice
and a reasonable opportunity to comment
on the request;
‘‘(ii) submit the comments to the Sec-
retary; and
‘‘(iii) provide notice and information
to the public regarding the waiver request
in the manner that the applying agency
customarily provides similar notices and
information to the public.
‘‘(B) In the case of a waiver request sub-
mitted by a local educational agency that re-
ceives funds under this Act—
‘‘(i) such request shall be reviewed by
the State educational agency and be accom-
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•HR 1 RH1&2
panied by the comments, if any, of such
State educational agency; and
‘‘(ii) notice and information regarding
the waiver request shall be provided to the
public by the agency requesting the waiver
in the manner that such agency customarily
provides similar notices and information to
the public.
‘‘(c) RESTRICTIONS.—The Secretary shall not waive
under this section any statutory or regulatory requirements
relating to—
‘‘(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
‘‘(2) maintenance of effort;
‘‘(3) comparability of services;
‘‘(4) use of Federal funds to supplement, not sup-
plant, non-Federal funds;
‘‘(5) equitable participation of private school stu-
dents and teachers;
‘‘(6) parental participation and involvement;
‘‘(7) applicable civil rights requirements;
‘‘(8) the requirement for a charter school under
part B of title IV; or
‘‘(9) the prohibitions regarding—
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‘‘(A) State aid in section 8502;
‘‘(B) use of funds for religious worship or
instruction in section 8507; and
‘‘(C) activities in section 8513.
‘‘(d) DURATION AND EXTENSION OF WAIVER.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the duration of a waiver approved by the
Secretary under this section may be for a period not
to exceed 5 years.
‘‘(2) EXTENSION.—The Secretary may extend the
period described in paragraph (1) if the Secretary de-
termines that—
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipients to carry out
the activities for which the waiver was requested
and the waiver has contributed to improved stu-
dent performance; and
‘‘(B) such extension is in the public interest.
‘‘(e) REPORTS.—
‘‘(1) LOCAL WAIVER.—A local educational agen-
cy that receives a waiver under this section shall at
the end of the second year for which a waiver is re-
ceived under this section, and each subsequent year,
submit a report to the State educational agency
that—
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•HR 1 RH1&2
‘‘(A) describes the uses of such waiver by
such agency or by schools;
‘‘(B) describes how schools continued to pro-
vide assistance to the same populations served by
the programs for which waivers are requested;
and
‘‘(C) evaluates the progress of such agency
and of schools in improving the quality of in-
struction or the academic performance of stu-
dents.
‘‘(2) STATE WAIVER.—A State educational agen-
cy that receives reports required under paragraph (1)
shall annually submit a report to the Secretary that
is based on such reports and contains such informa-
tion as the Secretary may require.
‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe
that receives a waiver under this section shall annu-
ally submit a report to the Secretary that—
‘‘(A) describes the uses of such waiver by
schools operated by such tribe; and
‘‘(B) evaluates the progress of such schools
in improving the quality of instruction or the
academic performance of students.
‘‘(4) REPORT TO CONGRESS.—Beginning in fis-
cal year 2002 and each subsequent year, the Secretary
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shall submit to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor and Pen-
sions of the Senate a report—
‘‘(A) summarizing the uses of waivers by
State educational agencies, local educational
agencies, Indian tribes, and schools; and
‘‘(B) describing whether such waivers—
‘‘(i) increased the quality of instruc-
tion to students; or
‘‘(ii) improved the academic perform-
ance of students.
‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall
terminate a waiver under this section if the Secretary deter-
mines, after notice and an opportunity for a hearing, that
the performance of the State or other recipient affected by
the waiver has been inadequate to justify a continuation
of the waiver or if the waiver is no longer necessary to
achieve its original purposes.
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be pub-
lished in the Federal Register and the Secretary shall pro-
vide for the dissemination of such notice to State edu-
cational agencies, interested parties, including educators,
901
•HR 1 RH1&2
parents, students, advocacy and civil rights organizations,
and the public.
‘‘PART E—UNIFORM PROVISIONS
‘‘SEC. 8501. MAINTENANCE OF EFFORT.
‘‘(a) IN GENERAL.—A local educational agency may
receive funds under a covered program for any fiscal year
only if the State educational agency finds that either the
combined fiscal effort per student or the aggregate expendi-
tures of such agency and the State with respect to the provi-
sion of free public education by such agency for the pre-
ceding fiscal year was not less than 90 percent of such com-
bined fiscal effort or aggregate expenditures for the second
preceding fiscal year.
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
‘‘(1) IN GENERAL.—The State educational agen-
cy shall reduce the amount of the allocation of funds
under a covered program in any fiscal year in the
exact proportion to which a local educational agency
fails to meet the requirement of subsection (a) of this
section by falling below 90 percent of both the com-
bined fiscal effort per student and aggregate expendi-
tures (using the measure most favorable to such local
agency).
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•HR 1 RH1&2
‘‘(2) SPECIAL
RULE.—No such lesser amount
shall be used for computing the effort required under
subsection (a) of this section for subsequent years.
‘‘(c) WAIVER.—The Secretary may waive the require-
ments of this section if the Secretary determines that such
a waiver would be equitable due to—
‘‘(1) exceptional or uncontrollable circumstances
such as a natural disaster; or
‘‘(2) a precipitous decline in the financial re-
sources of the local educational agency.
‘‘SEC. 8502. PROHIBITION REGARDING STATE AID.
‘‘A State shall not take into consideration payments
under this Act (other than under title VI) in determining
the eligibility of any local educational agency in such State
for State aid, or the amount of State aid, with respect to
free public education of children.
‘‘SEC. 8503. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘(a) PRIVATE SCHOOL PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as otherwise provided
in this Act, to the extent consistent with the number
of eligible children in areas served by a State edu-
cational agency, local educational agency, educational
service agency, consortium of such agencies, or an-
other entity receiving financial assistance under a
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•HR 1 RH1&2
program specified in subsection (b), who are enrolled
in private elementary and secondary schools in areas
served by such agency, consortium or entity, such
agency, consortium or entity shall, after timely and
meaningful consultation with appropriate private
school officials, provide such children and their teach-
ers or other educational personnel, on an equitable
basis, special educational services or other benefits
that address their needs under such program.
‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL
SERVICES
OR
BENEFITS.—Educational services or
other benefits, including materials and equipment,
provided under this section, shall be secular, neutral,
and nonideological.
‘‘(3) SPECIAL RULE.—Educational services and
other benefits provided under this section for such pri-
vate school children, teachers, and other educational
personnel shall be equitable in comparison to services
and other benefits for public school children, teachers,
and other educational personnel participating in such
program and shall be provided in a timely manner.
‘‘(4) EXPENDITURES.—Expenditures for edu-
cational services and other benefits provided under
this section to eligible private school children, their
teachers, and other educational personnel serving such
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•HR 1 RH1&2
children shall be equal, taking into account the num-
ber and educational needs of the children to be served,
to the expenditures for participating public school
children.
‘‘(5) PROVISION
OF
SERVICES.—Such agency,
consortium or entity described in subsection (a)(1) of
this section may provide such services directly or
through contracts with public and private agencies,
organizations, and institutions.
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section applies to pro-
grams under—
‘‘(A) part B, subpart 1 of title I;
‘‘(B) part C of title I;
‘‘(C) part A of title II;
‘‘(D) part A of title III.
‘‘(E) part A of title V; and
‘‘(F) part B of title V;
‘‘(2) DEFINITION.—For the purposes of this sec-
tion, the term ‘eligible children’ means children eligi-
ble for services under a program described in para-
graph (1).
‘‘(c) CONSULTATION.—
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, a State educational agency, local
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•HR 1 RH1&2
educational agency, educational service agency, con-
sortium of such agencies or entity shall consult with
appropriate private school officials during the design
and development of the programs under this Act, on
issues such as—
‘‘(A) how the children’s needs will be identi-
fied;
‘‘(B) what services will be offered;
‘‘(C) how, where, and by whom the services
will be provided;
‘‘(D) how the services will be assessed and
how the results of the assessment will be used to
improve such services;
‘‘(E) the size and scope of the equitable serv-
ices to be provided to the eligible private school
children, teachers, and other educational per-
sonnel and the amount of funds available for
such services; and
‘‘(F) how and when the agency, consortium,
or entity will make decisions about the delivery
of services, including a thorough consideration
and analysis of the views of the private school of-
ficials on the provision of contract services
through potential third party providers.
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‘‘(2) DISAGREEMENT.—If the agency, consortium
or entity disagrees with the views of the private school
officials on the provision of services through a con-
tract, the agency, consortium, or entity shall provide
in writing to such private school officials an analysis
of the reasons why the local educational agency has
chosen not to use a contractor.
‘‘(3) TIMING.—Such consultation shall occur be-
fore the agency, consortium, or entity makes any deci-
sion that affects the opportunities of eligible private
school children, teachers, and other educational per-
sonnel to participate in programs under this Act, and
shall continue throughout the implementation and as-
sessment of activities under this section.
‘‘(4) DISCUSSION REQUIRED.—Such consultation
shall include a discussion of service delivery mecha-
nisms that the agency, consortium, or entity could use
to provide equitable services to eligible private school
children, teachers, administrators, and other staff.
‘‘(d) PUBLIC CONTROL OF FUNDS.—
‘‘(1) IN GENERAL.—The control of funds used to
provide services under this section, and title to mate-
rials, equipment, and property purchased with such
funds, shall be in a public agency for the uses and
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•HR 1 RH1&2
purposes provided in this Act, and a public agency
shall administer such funds and property.
‘‘(2) PROVISION OF SERVICES.—
‘‘(A) The provision of services under this
section shall be provided—
‘‘(i) by employees of a public agency;
or
‘‘(ii) through contract by such public
agency with an individual, association,
agency, organization, or other entity.
‘‘(B) In the provision of such services, such
employee, person, association, agency, organiza-
tion or other entity shall be independent of such
private school and of any religious organization,
and such employment or contract shall be under
the control and supervision of such public agen-
cy.
‘‘(C) Funds used to provide services under
this section shall not be commingled with non-
Federal funds.
‘‘SEC. 8504. STANDARDS FOR BY-PASS.
‘‘If, by reason of any provision of law, a State edu-
cational agency, local educational agency, educational serv-
ice agency, consortium, or other entity of such agencies, is
prohibited from providing for the participation in pro-
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grams of children enrolled in, or teachers or other edu-
cational personnel from, private elementary and secondary
schools, on an equitable basis, or if the Secretary determines
that such agency consortium or entity has substantially
failed or is unwilling to provide for such participation, as
required by section 8503, the Secretary shall—
‘‘(1) waive the requirements of that section for
such agency, consortium, or entity;
‘‘(2) arrange for the provision of equitable serv-
ices to such children, teachers, or other educational
personnel through arrangements that shall be subject
to the requirements of this section and of sections
8503, 8505, and 8506; and
‘‘(3) in making the determination, consider one
or more factors, including the quality, size, scope, lo-
cation of the program and the opportunity of private
school children, teachers, and other educational per-
sonnel to participate.
‘‘SEC. 8505. COMPLAINT PROCESS FOR PARTICIPATION OF
PRIVATE SCHOOL CHILDREN.
‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary
shall develop and implement written procedures for receiv-
ing, investigating, and resolving complaints from parents,
teachers, or other individuals and organizations concerning
violations of section 8503 by a State educational agency,
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•HR 1 RH1&2
local educational agency, educational service agency, con-
sortium of such agencies or entity. Such individual or orga-
nization shall submit such complaint to the State edu-
cational agency for a written resolution by the State edu-
cational agency within a reasonable period of time.
‘‘(b) APPEALS TO SECRETARY.—Such resolution may
be appealed by an interested party to the Secretary not later
than 30 days after the State educational agency resolves
the complaint or fails to resolve the complaint within a rea-
sonable period of time. Such appeal shall be accompanied
by a copy of the State educational agency’s resolution, and
a complete statement of the reasons supporting the appeal.
The Secretary shall investigate and resolve each such appeal
not later than 120 days after receipt of the appeal.
‘‘SEC. 8506. BY-PASS DETERMINATION PROCESS.
‘‘(a) REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) The Secretary shall not take any final
action under section 8504 until the State edu-
cational agency, local educational agency, edu-
cational service agency, consortium of such agen-
cies or entity affected by such action has had an
opportunity, for not less than 45 days after re-
ceiving written notice thereof, to submit written
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objections and to appear before the Secretary to
show cause why that action should not be taken.
‘‘(B) Pending final resolution of any inves-
tigation or complaint that could result in a de-
termination under this section, the Secretary
may withhold from the allocation of the affected
State or local educational agency the amount es-
timated by the Secretary to be necessary to pay
the cost of those services.
‘‘(2) PETITION FOR REVIEW.—
‘‘(A) If such affected agency consortium or
entity is dissatisfied with the Secretary’s final
action after a proceeding under paragraph (1),
such agency consortium or entity may, within
60 days after notice of such action, file with the
United States court of appeals for the circuit in
which such State is located a petition for review
of that action.
‘‘(B) A copy of the petition shall be forth-
with transmitted by the clerk of the court to the
Secretary.
‘‘(C) The Secretary upon receipt of the copy
of the petition shall file in the court the record
of the proceedings on which the Secretary based
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this action, as provided in section 2112 of title
28, United States Code.
‘‘(3) FINDINGS OF FACT.—
‘‘(A) The findings of fact by the Secretary,
if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown,
may remand the case to the Secretary to take
further evidence and the Secretary may then
make new or modified findings of fact and may
modify the Secretary’s previous action, and shall
file in the court the record of the further pro-
ceedings.
‘‘(B) Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
‘‘(4) JURISDICTION.—
‘‘(A) Upon the filing of such petition, the
court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in
whole or in part.
‘‘(B) The judgment of the court shall be sub-
ject to review by the Supreme Court of the
United States upon certiorari or certification as
provided in section 1254 of title 28, United
States Code.
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‘‘(b) DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines, in consultation with such agency,
consortium or entity and representatives of the affected pri-
vate school children, teachers, or other educational personnel
that there will no longer be any failure or inability on the
part of such agency or consortium to meet the applicable
requirements of section 8503 or any other provision of this
Act.
‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the
Secretary arranges for services pursuant to this section, the
Secretary shall, after consultation with the appropriate
public and private school officials, pay the cost of such serv-
ices, including the administrative costs of arranging for
those services, from the appropriate allocation or allocations
under this Act.
‘‘(d) PRIOR DETERMINATION.—Any by-pass deter-
mination by the Secretary under this Act as in effect on
the day preceding the date of enactment of the No Child
Left Behind Act of 2001 shall remain in effect to the extent
the Secretary determines that such determination is con-
sistent with the purpose of this section.
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‘‘SEC. 8507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS
WORSHIP OR INSTRUCTION.
‘‘Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
‘‘SEC. 8508. APPLICABILITY.
‘‘Nothing in this Act shall be construed to affect home
schools, whether or not a home school is treated as a home
school or a private school under State law (consistent with
section 8509), nor shall any home schooled student be re-
quired to participate in any assessment referenced in this
Act.
‘‘SEC. 8509. PRIVATE SCHOOLS.
‘‘Nothing in this Act shall be construed to affect any
private school that does not receive funds or services under
this Act nor shall any student who attends a private school
that does not receive funds or services under this Act be
required to participate in any assessment referenced in this
Act.
‘‘SEC. 8510. PRIVACY OF ASSESSMENT RESULTS.
‘‘Any results from individual assessments referenced in
this Act which become part of the education records of the
student shall have the protections as provided in section 444
of the General Education Provisions Act.
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‘‘SEC. 
8511. 
GENERAL 
PROVISION 
REGARDING 
NON-
RECIPIENT NONPUBLIC SCHOOLS.
‘‘Nothing in this Act, or any other Act administered
by the Department, shall be construed to permit, allow, en-
courage, or authorize any Federal control over any aspect
of any private, religious, or home school, whether or not
a home school is treated as a private school or home school
under State law. This section shall not be construed to bar
private, religious, or home schools from participation in
programs or services under this Act.
‘‘SEC. 8512. SCHOOL PRAYER.
‘‘As a condition for receipt of funds under this Act,
a local educational agency shall certify in writing to the
Secretary that no policy of the agency prevents or otherwise
denies participation in constitutionally protected prayer in
public schools.
‘‘SEC. 8513. GENERAL PROHIBITIONS.
‘‘(a) PROHIBITION.—None of the funds authorized
under this Act shall be used—
‘‘(1) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at
youth that are designed to promote or encourage, sex-
ual activity, whether homosexual or heterosexual;
‘‘(2) to distribute or to aid in the distribution by
any organization of legally obscene materials to mi-
nors on school grounds;
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‘‘(3) to provide sex education or HIV prevention
education in schools unless such instruction is age ap-
propriate and emphasizes the health benefits of absti-
nence; or
‘‘(4) to operate a program of contraceptive dis-
tribution in schools.
‘‘(b) LOCAL CONTROL.—Nothing in this section shall
be construed to—
‘‘(1) authorize an officer or employee of the Fed-
eral Government to direct, review, or control a State,
local educational agency, or schools’ instructional
content, curriculum, and related activities;
‘‘(2) limit the application of the General Edu-
cation Provisions Act (20 U.S.C.A. 1221 et seq.);
‘‘(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
‘‘(4) create any legally enforceable right.
‘‘SEC. 8514. PROHIBITION ON FEDERAL MANDATES, DIREC-
TION, AND CONTROL.
‘‘(a) GENERAL PROHIBITION.—Officers and employees
of the Federal Government are prohibited from mandating,
directing, or controlling a State, local educational agency,
or school’s curriculum, program of instruction, or allocation
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of State or local resources, or mandating a State or any
subdivision thereof to spend any funds or incur any costs
not paid for under this Act.
‘‘(b) PROHIBITION OF FEDERAL MANDATES, DIREC-
TION, OR CONTROL.—Nothing in this Act shall be construed
to authorize an officer or employee of the Federal Govern-
ment to mandate, direct, or control a State, local edu-
cational agency, or school’s specific instructional content or
academic achievement standards and assessments, cur-
riculum, or program of instruction as a condition of eligi-
bility to receive funds under this Act.
‘‘(c) EQUALIZED SPENDING.—Nothing in this Act
shall be construed to mandate equalized spending per pupil
for a State, local educational agency, or school.
‘‘(d) BUILDING STANDARDS.—Nothing in this Act
shall be construed to mandate national school building
standards for a State, local agency, or school.
‘‘SEC. 8515. RULEMAKING.
‘‘The Secretary shall issue regulations under this Act
only to the extent that such regulations are necessary to
ensure that there is compliance with the specific require-
ments and assurances required by this Act.
‘‘SEC. 8516. REPORT.
‘‘The Secretary shall report to the Congress not later
than 180 days after the date of enactment of the No Child
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Left Behind Act of 2001 regarding how the Secretary shall
ensure that audits conducted by Department employees of
activities assisted under this Act comply with changes to
this Act made by the No Child Left Behind Act of 2001,
particularly with respect to permitting children with simi-
lar educational needs to be served in the same educational
settings, where appropriate.
‘‘SEC. 8517. REQUIRED APPROVAL OR CERTIFICATION PRO-
HIBITED.
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of Federal law, no State shall be required to have aca-
demic content standards or student academic achievement
standards approved or certified by the Federal Government,
in order to receive assistance under this Act.
‘‘(b) CONSTRUCTION.—Nothing in this section shall be
construed to affect requirements under title I of this Act.
‘‘SEC. 8518. PROHIBITION ON ENDORSEMENT OF CUR-
RICULUM.
‘‘Notwithstanding any other prohibition of Federal
law, no funds provided to the Department of Education or
to any applicable program may be used by the Department
to endorse, approve, or sanction any curriculum designed
to be used in an elementary or secondary school.
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‘‘SEC. 8519. RULE OF CONSTRUCTION ON PERSONALLY
IDENTIFIABLE INFORMATION.
‘‘Nothing in this Act shall be construed to permit the
development of a national database of personally identifi-
able information on individuals involved in studies or in
data collection efforts under this Act.
‘‘SEC. 8520. SEVERABILITY.
‘‘If any provision of this Act is held invalid, the re-
mainder of this Act shall be unaffected thereby.
‘‘PART F—SENSE OF CONGRESS
‘‘SEC. 8601. PAPERWORK REDUCTION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) instruction and other classroom activities
provide the greatest opportunity for students, espe-
cially at-risk and disadvantaged students, to attain
high standards and achieve academic success;
‘‘(2) one of the greatest obstacles to establishing
an effective, classroom-centered education system is
the cost of paperwork compliance;
‘‘(3) paperwork places a burden on teachers and
administrators who must complete Federal and State
forms to apply for Federal funds and absorbs time
and money which otherwise would be spent on stu-
dents;
‘‘(4) the Education at a Crossroads Report re-
leased in 1998 by the Education Subcommittee on
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Oversight and Investigations states that requirements
by the Department of Education result in more than
48,600,000 hours of paperwork per year; and
‘‘(5) paperwork distracts from the mission of
schools, encumbers teachers, and administrators with
nonacademic responsibilities, and competes with
teaching and classroom activities which promote
learning and achievement.
‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress
that Federal and State educational agencies should reduce
the paperwork requirements placed on schools, teachers,
principles, and other administrators.
‘‘SEC. 8602. PROHIBITION ON MANDATORY NATIONAL CER-
TIFICATION OF TEACHERS AND PARAPROFES-
SIONALS.
‘‘(a) PROHIBITION ON MANDATORY TESTING OR CER-
TIFICATION.—Notwithstanding any other provision of law,
the Secretary is prohibited from using Federal funds to
plan, develop, implement, or administer any mandatory
national teacher or paraprofessional test or certification.
‘‘(b) PROHIBITION
ON WITHHOLDING FUNDS.—The
Secretary is prohibited from withholding funds from any
State or local educational agency if such State or local edu-
cational agency fails to adopt a specific method of teacher
or paraprofessional certification.
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‘‘SEC. 8603. PROHIBITION ON FEDERALLY SPONSORED
TESTING.
‘‘Notwithstanding any other provision of Federal law,
no funds provided under this Act to the Secretary or to the
recipient of any award may be used to develop, pilot test,
field test, implement, administer, or distribute any feder-
ally sponsored national test in reading, mathematics, or
any other subject, unless specifically and explicitly author-
ized by law.
‘‘SEC. 8604. SENSE OF CONGRESS REGARDING MEMORIALS.
‘‘It is the sense of Congress that—
‘‘(1) the saying of a prayer, the reading of a
scripture, or the performance of religious music, as
part of a memorial service that is held on the campus
of a public elementary or secondary school in order
to honor the memory of any person slain on that
campus is not objectionable under this Act; and
‘‘(2) the design and construction of any memo-
rial which includes religious symbols, motifs, or
sayings that is placed on the campus of a public ele-
mentary or secondary school in order to honor the
memory of any person slain on that campus is not
objectionable under this Act.
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‘‘PART G—EVALUATIONS
‘‘SEC. 8651. EVALUATIONS.
‘‘(a) RESERVATION OF FUNDS.—Except as provided in
subsections (b) and (c), the Secretary may reserve not more
than 0.5 percent of the amount appropriated to carry out
each categorical program and demonstration project au-
thorized under this Act—
‘‘(1) to conduct—
‘‘(A) comprehensive evaluations of the pro-
gram or project; and
‘‘(B) studies of the effectiveness of the pro-
grams or project and its administrative impact
on schools and local educational agencies;
‘‘(2) to evaluate the aggregate short- and long-
term effects and cost efficiencies across Federal pro-
grams assisted or authorized under this Act and re-
lated Federal preschool, elementary and secondary
programs under any other Federal law; and
‘‘(3) to increase the usefulness of evaluations of
grant recipients in order to ensure the continuous
progress of the program or project by improving the
quality, timeliness, efficiency, and utilization of in-
formation relating to performance under the program
or project.
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‘‘(b) TITLE I EXCLUDED.—The Secretary may not re-
serve under subsection (a) funds appropriated to carry out
any program authorized under title I.
‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSE-
WHERE.—If, under any other provision of this Act (other
than title I), funds are authorized to be reserved or used
for evaluation activities with respect to a program or
project, the Secretary may not reserve additional funds
under this section for the evaluation of such program or
project.’’.
SEC. 802. COMPREHENSIVE REGIONAL ASSISTANCE CEN-
TERS.
(a) IN GENERAL.—Part A of title XIII (20 U.S.C.
8621 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 801; and
(2) is redesignated as part H.
(b) REDESIGNATION OF SECTIONS.—Sections 13101
through 13105 are redesignated as sections 8701 through
8705, respectively.
(c) CONFORMING AMENDMENTS.—
(1) REQUIREMENTS.—Section 8702(a) (as redes-
ignated by subsection (b)) is amended—
(A) by striking ‘‘section 13101(a)’’ and in-
serting ‘‘section 8701(a)’’; and
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•HR 1 RH1&2
(B) in paragraph (7), by striking ‘‘section
13201’’ and inserting ‘‘section 8751’’.
(2) MAINTENANCE OF SERVICE.—Section 8703(b)
(as redesignated by subsection (b)) is amended—
(A) in paragraph (1), by striking ‘‘section
13102’’ and inserting ‘‘section 8702’’; and
(B) in paragraph (2)—
(i) by striking ‘‘section 13201’’ and in-
serting ‘‘section 8751’’; and
(ii) by striking ‘‘section 13401’’ and
inserting ‘‘section 8851’’.
(3) TRANSITION.—Section 8704(b)(1) (as redes-
ignated by subsection (b)) is amended by striking
‘‘section 13105’’ and inserting ‘‘section 8705’’.
SEC. 803. NATIONAL DIFFUSION NETWORK.
(a) IN GENERAL.—Part B of title XIII (20 U.S.C.
8651 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 802; and
(2) is redesignated as part I.
(b) REDESIGNATION OF SECTIONS.—Sections 13201
and 13202 are redesignated as sections 8751 and 8752, re-
spectively.
(c) CONFORMING AMENDMENT.—Section 8751 (as re-
designated by subsection (b)) is amended—
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(1) in subsection (e)(3), by striking ‘‘under part
C’’ through the end thereof and inserting ‘‘under part
F; and’’; and
(2) in subsection (f)(4), by striking ‘‘section
13401’’ and inserting ‘‘section 8851’’.
SEC. 804. EISENHOWER REGIONAL MATHEMATICS AND
SCIENCE EDUCATION CONSORTIA.
(a) IN GENERAL.—Part C of title XIII (20 U.S.C.
8671 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 803; and
(2) is redesignated as part J.
(b) REDESIGNATION OF SECTIONS.—Sections 13301
through 13308 are redesignated as sections 8801 through
8808, respectively.
(c) CONFORMING AMENDMENTS.—
(1) GRANT AUTHORIZATION.—Section 8801(a)(3)
(as redesignated by subsection (b)) is amended by
striking ‘‘section 13308’’ and inserting ‘‘section
8808’’.
(2) USE OF FUNDS.—Section 8802 (as redesig-
nated by subsection (b)) is amended—
(A) by striking ‘‘section 13304’’ and insert-
ing ‘‘section 8804’’;
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(B) 
in 
paragraph 
(2), 
by 
striking
‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’; and
(C) 
in 
paragraph 
(3), 
by 
striking
‘‘13301(a)(1)’’ and inserting ‘‘8801(a)(1)’’.
(3) PAYMENTS.—Section 8805 (as redesignated
by subsection (b)) is amended in each of subsections
(a) and (c) by striking ‘‘section 13303’’ and inserting
‘‘section 8803’’.
(4) EVALUATION.—Section 8806(a) (as redesig-
nated by subsection (b)) is amended by striking ‘‘sec-
tion 14701’’ and inserting ‘‘section 8651’’.
(5) DEFINITIONS.—Section 8807(4) (as redesig-
nated by subsection (b)) is amended by striking ‘‘sec-
tion 13301’’ and inserting ‘‘section 8801’’.
SEC. 805. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
(a) IN GENERAL.—Part D of title XIII (20 U.S.C.
8701)—
(1) is transferred to the end of title VIII, as
amended by section 804; and
(2) is redesignated as part K.
(b) REDESIGNATION OF SECTION.—Section 13401 is
redesignated as section 8851.
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SEC. 806. REGIONAL TECHNICAL SUPPORT AND PROFES-
SIONAL DEVELOPMENT.
(a) IN GENERAL.—Subpart 3 of part A of title III (20
U.S.C. 6861 et seq.)—
(1) is transferred to the end of title VIII, as
amended by section 805; and
(2) is redesignated as part L.
(b) REDESIGNATION OF SECTION.—Section 3141 is re-
designated as section 8901.
(c) CONFORMING AMENDMENT.—Section 8901 (as re-
designated by subsection (b)) is amended by striking ‘‘part
C of title XIII’’ and inserting ‘‘part J’’.
TITLE IX—MISCELLANEOUS
PROVISIONS
PART A—AMENDMENTS TO OTHER ACTS
Subpart 1—National Education Statistics Act
SEC. 901. AMENDMENT TO NESA.
Section 411 of the National Education Statistics Act
of 1994 (20 U.S.C. 9010) is amended—
(1) by amending subsection (b)(2) to read as fol-
lows:
‘‘(2) STATE
ASSESSMENTS.—(A) The Commis-
sioner, in carrying out the National Assessment—
‘‘(i) may conduct State assessments of stu-
dent achievement in grades 4, 8, and 12; and
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‘‘(ii) shall conduct annual State assessments
of student achievement in reading and mathe-
matics in grades 4 and 8 in order for States to
carry out section 1111(c)(2) of the Elementary
and Secondary Education Act of 1965.
‘‘(B)(i) Except as provided in clause (ii), a par-
ticipating State shall review and give permission for
the release of results from any test of its students ad-
ministered as a part of a State assessment prior to
the release of the data. Refusal by a State to release
its data shall not restrict the release of data from
other States that have approved the release of that
data.
‘‘(ii) A State participating in the annual State
assessments of its students in reading and mathe-
matics in grades 4 and 8 shall be deemed to have
given its permission to release its data if it has an
approved plan under section 1111 of the Elementary
and Secondary Education Act of 1965.’’; and
(2) by amending subsection (d) to read as fol-
lows:
‘‘(d) PARTICIPATION.—
‘‘(1) NATIONAL AND REGIONAL PARTICIPATION.—
Participation in the national and regional assess-
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ments by State and local educational agencies shall be
voluntary.
‘‘(2) STATE
PARTICIPATION.—Participation in
assessments made on a State basis shall be vol-
untary.’’.
Subpart 2—Homeless Education
SEC. 911. SHORT TITLE.
This subpart may be cited as the ‘‘McKinney-Vento
Homeless Education Assistance Improvements Act of 2001’’.
SEC. 912. FINDINGS.
Congress makes the following findings:
(1) An estimated 1,000,000 children in the
United States will experience homelessness in 2001.
(2) Homelessness has a devastating impact on
the educational opportunities of children and youth.
Homeless children go hungry at more than twice the
rate of other children, have four times the rate of de-
layed development, and are twice as likely to repeat
a grade.
(3) Despite steady progress in school enrollment
and attendance resulting from the passage in 1987 of
the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11301 et seq.), homeless students still face
numerous barriers to education, including residency,
guardianship and registration requirements, delays
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in the transfer of school records, and inadequate
transportation service.
(4) School is one of the few secure factors in the
lives of homeless children and youth, providing sta-
bility, structure, and accomplishment during a time
of great upheaval.
(5) Homeless children and youth require edu-
cational stability and the opportunity to maintain
regular and consistent attendance in school, so that
they acquire the skills necessary to escape poverty and
lead productive, healthy lives as adults.
(6) In the 14 years since the passage of the Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C.
11301 et seq.), educators and service providers have
learned much about policies and practices which help
remove the barriers described.
SEC. 913. PURPOSE.
The purpose of this subpart is to strengthen subtitle
B of title VII of Public Law 100–77 (42 U.S.C. 11431 et
seq.) by amending it—
(1) to include innovative practices, proven to be
effective in helping homeless children and youth en-
roll, attend, and succeed in school; and
(2) to help ensure that all children and youth
impacted by the loss of fixed, regular, and adequate
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•HR 1 RH1&2
housing receive a quality education and secure their
chance for a brighter future.
SEC. 914. EDUCATION FOR HOMELESS CHILDREN AND
YOUTH.
Subtitle B of title VII of Public Law 100–77 (42
U.S.C. 11431 et seq.) is amended to read as follows:
‘‘Subtitle B—Education for
Homeless Children and Youth
‘‘SEC. 721. STATEMENT OF POLICY.
‘‘It is the policy of the Congress that—
‘‘(1) each State educational agency ensure that
each child of a homeless individual and each homeless
youth has equal access to the same free, public edu-
cation, including a public preschool education, as
provided to other children and youth;
‘‘(2) in any State that has a compulsory resi-
dency requirement as a component of the State’s com-
pulsory school attendance laws or other laws, regula-
tions, practices, or policies that may act as a barrier
to the enrollment, attendance, or success in school of
homeless children and youth, the State review and
undertake steps to revise such laws, regulations, prac-
tices, or policies to ensure that homeless children and
youth are afforded the same free, public education as
provided to other children and youth;
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•HR 1 RH1&2
‘‘(3) homelessness alone is not sufficient reason to
separate students from the mainstream school envi-
ronment; and
‘‘(4) homeless children and youth must have ac-
cess to the education and other services that such chil-
dren and youth need to ensure that such children and
youth have an opportunity to meet the same chal-
lenging State student academic achievement stand-
ards to which all students are held.
‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR
THE EDUCATION OF HOMELESS CHILDREN
AND YOUTH.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make grants to States in accordance with the provi-
sions of this section to enable such States to carry out the
activities described in subsections (d), (e), (f), and (g).
‘‘(b) APPLICATION.—No State may receive a grant
under this section unless the State educational agency sub-
mits an application to the Secretary at such time, in such
manner, and containing or accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(c) ALLOCATION AND RESERVATIONS.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2)
and section 724(d), from the amounts appropriated
for each fiscal year under section 726, the Secretary
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•HR 1 RH1&2
is authorized to allot to each State an amount that
bears the same ratio to the amount appropriated for
such year under section 726 as the amount allocated
under section 1122 of the Elementary and Secondary
Education Act of 1965 to the State for that year bears
to the total amount allocated under section 1122 of
such Act to all States for that year, except that no
State shall receive less than $125,000 or 1⁄2 of 1 per-
cent of the amount appropriated under section 726,
whichever is greater.
‘‘(2) RESERVATION.—(A) The Secretary is au-
thorized to reserve 0.1 percent of the amount appro-
priated for each fiscal year under section 726 to be
allocated by the Secretary among the United States
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, ac-
cording to their respective need for assistance under
this subtitle, as determined by the Secretary.
‘‘(B)(i) The Secretary shall transfer one percent
of the amount appropriated for each fiscal year under
section 726 to the Department of the Interior for pro-
grams for Indian students served by schools funded by
the Secretary of the Interior, as determined under the
Indian Self-Determination and Education Assistance
933
•HR 1 RH1&2
Act (25 U.S.C. 450 et seq.), that are consistent with
the purposes of this Act.
‘‘(ii) The Secretary and the Secretary of the In-
terior shall enter into an agreement, consistent with
the requirements of this part, for the distribution and
use of the funds described in clause (i) under terms
that the Secretary determines best meet the purposes
of the programs described in such clause. Such agree-
ment shall set forth the plans of the Secretary of the
Interior for the use of the amounts transferred, in-
cluding appropriate goals, objectives, and milestones.
‘‘(3) STATE DEFINED.—As used in this sub-
section, the term ‘State’ shall not include the United
States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
‘‘(d) ACTIVITIES.—Grants under this section shall be
used—
‘‘(1) to carry out the policies set forth in section
721 in the State;
‘‘(2) to provide activities for, and services to,
homeless children, including preschool-aged homeless
children, and youth that enable such children and
youth to enroll in, attend, and succeed in school, or,
if appropriate, in preschool programs;
934
•HR 1 RH1&2
‘‘(3) to establish or designate an Office of Coordi-
nator of Education of Homeless Children and Youth
in the State educational agency in accordance with
subsection (f);
‘‘(4) to prepare and carry out the State plan de-
scribed in subsection (g); and
‘‘(5) to develop and implement professional de-
velopment programs for school personnel to heighten
their awareness of, and capacity to respond to, spe-
cific problems in the education of homeless children
and youth.
‘‘(e) STATE AND LOCAL GRANTS.—
‘‘(1) MINIMUM
DISBURSEMENTS
BY
STATES.—
From the sums made available each year to carry out
this subtitle, the State educational agency shall dis-
tribute not less than 75 percent in grants to local edu-
cational agencies for the purposes of carrying out sec-
tion 723, except that States funded at the minimum
level set forth in subsection (c)(1) shall distribute not
less than 50 percent in grants to local educational
agencies for the purposes of carrying out section 723.
‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—A
State educational agency may use funds made avail-
able for State use under this subtitle to conduct ac-
935
•HR 1 RH1&2
tivities under subsection (f) directly or through
grants.
‘‘(3) PROHIBITION ON SEGREGATING HOMELESS
STUDENTS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B) and section 723(a)(2)(B)(ii),
in providing a free public education to a home-
less child or youth, no State receiving funds
under this subtitle shall segregate such child or
youth, either in a separate school or in a sepa-
rate program within a school, based solely on
such child’s or youth’s status as homeless.
‘‘(B) EXCEPTION.—A State that operates a
separate school for homeless children as of the
day preceding the date of enactment of the
McKinney-Vento Homeless Education Assistance
Improvements Act of 2001—
‘‘(i) shall remain eligible to receive,
and to distribute to local educational agen-
cies, funds under this subtitle for such
school; and
‘‘(ii) shall not distribute to local edu-
cational agencies in the State any funds re-
ceived under this subtitle for use by any
936
•HR 1 RH1&2
such schools not in operation as of such date
of enactment.
‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—
The Coordinator of Education of Homeless Children and
Youth established in each State shall—
‘‘(1) gather, to the extent possible, reliable, valid,
and comprehensive information on the nature and ex-
tent of the problems homeless children and youth have
in gaining access to public preschool programs and to
public elementary and secondary schools, the difficul-
ties in identifying the special needs of such children
and youth, any progress made by the State edu-
cational agency and local educational agencies in the
State in addressing such problems and difficulties,
and the success of the program under this subtitle in
assisting homeless children and youth to enroll in, at-
tend, and succeed in, school;
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g);
‘‘(3) collect and transmit to the Secretary infor-
mation gathered pursuant to paragraphs (1) and (2)
at such time and in such manner as the Secretary
may require;
‘‘(4) facilitate coordination between the State
educational agency, the State social services agency,
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•HR 1 RH1&2
and other agencies providing services to homeless chil-
dren and youth, including homeless children, includ-
ing preschool-aged homeless children, and youth, and
families of such children and youth;
‘‘(5) in order to improve the provision of com-
prehensive education and related services to homeless
children and youth and their families, coordinate and
collaborate with—
‘‘(A) educators, including child development
and preschool program personnel;
‘‘(B) State and local providers of services to
homeless and runaway children and youth and
homeless families (including domestic violence
agencies, shelter operators, transitional housing
facilities, runaway and homeless youth centers,
and transitional living programs for homeless
youth);
‘‘(C) local educational agency liaisons for
homeless children and youth; and
‘‘(D) State and local community organiza-
tions and groups representing homeless children
and youth and their families; and
‘‘(6) provide technical assistance to local edu-
cational agencies, in coordination with local liaisons
designated under subsection (g)(1)(J)(ii), to ensure
938
•HR 1 RH1&2
that local educational agencies comply with the re-
quirements of paragraphs (3) through (7) of sub-
section (g).
‘‘(g) STATE PLAN.—
‘‘(1) IN GENERAL.—Each State shall submit to
the Secretary a plan to provide for the education of
homeless children and youth within the State, which
plan shall—
‘‘(A) describe how such children and youth
are or will be given the opportunity to meet the
same 
challenging 
State 
student 
academic
achievement standards all students are expected
to meet;
‘‘(B) describe the procedures the State edu-
cational agency will use to identify such children
and youth in the State and to assess their special
needs;
‘‘(C) describe procedures for the prompt res-
olution of disputes regarding the educational
placement of homeless children and youth;
‘‘(D) describe programs for school personnel
(including principals, attendance officers, teach-
ers, enrollment personnel, and pupil services per-
sonnel) to heighten the awareness of such per-
940
•HR 1 RH1&2
cluding problems caused by enrollment delays
that are caused by—
‘‘(i) immunization and medical records
requirements;
‘‘(ii) residency requirements;
‘‘(iii) lack of birth certificates, school
records, or other documentation;
‘‘(iv) guardianship issues; or
‘‘(v) uniform or dress code require-
ments;
‘‘(I) demonstrate that the State educational
agency and local educational agencies in the
State have developed, and shall review and re-
vise, policies to remove barriers to the enrollment
and retention of homeless children and youth in
schools in the State; and
‘‘(J) contain assurances that—
‘‘(i) except as provided in subsection
(e)(3)(B), State and local educational agen-
cies will adopt policies and practices to en-
sure that homeless children and youth are
not segregated solely on the basis of their
status as homeless;
‘‘(ii) local educational agencies will
designate an appropriate staff person, who
941
•HR 1 RH1&2
may also be a coordinator for other Federal
programs, as a liaison for homeless children
and youth, to carry out the duties described
in paragraph (6)(A); and
‘‘(iii) the State and its local edu-
cational agencies will adopt policies and
practices to ensure that transportation is
provided, at the request of the parent or
guardian (or in the case of an unaccom-
panied youth, the liaison) to and from the
school of origin, as determined in para-
graph (3)(A), in accordance with the fol-
lowing, as applicable:
‘‘(I) If the homeless child or youth
continues to live in the area served by
the local educational agency in which
the school of origin is located, the
child’s or youth’s transportation to and
from the school of origin shall be pro-
vided or arranged by the local edu-
cational agency in which the school of
origin is located.
‘‘(II) If the homeless child’s or
youth’s living arrangements in the
area served by the local educational
942
•HR 1 RH1&2
agency of origin terminate and the
child or youth, though continuing his
or her education in the school of origin,
begins living in the area served by an-
other local educational agency, the
local educational agency of origin and
the local educational agency in which
the homeless child or youth is living
shall agree upon a method to apportion
the responsibility and costs for pro-
viding the child with transportation to
and from the school or origin. If the
local educational agencies are unable
to agree upon such method, the respon-
sibility and costs for transportation
shall be shared equally.
‘‘(2) COMPLIANCE.—
‘‘(A) IN
GENERAL.—Each plan adopted
under this subsection shall also describe how the
State will ensure that local educational agencies
in the State will comply with the requirements
of paragraphs (3) through (7).
‘‘(B) COORDINATION.—Such plan shall in-
dicate what technical assistance the State will
furnish to local educational agencies and how
943
•HR 1 RH1&2
compliance efforts will be coordinated with the
local liaisons established under this subchapter.
‘‘(3) LOCAL
EDUCATIONAL
AGENCY
REQUIRE-
MENTS.—
‘‘(A) IN GENERAL.—The local educational
agency serving each child or youth to be assisted
under this subtitle shall, according to the child’s
or youth’s best interest, either—
‘‘(i) continue the child’s or youth’s edu-
cation in the school of origin for the dura-
tion of homelessness—
‘‘(I) in any case in which a fam-
ily becomes homeless between academic
years or during the academic year; or
‘‘(II) for the remainder of the aca-
demic year, if the child becomes per-
manently housed during the academic
year; or
‘‘(ii) enroll the child or youth in any
public school that nonhomeless students who
live in the attendance area in which the
child or youth is actually living are eligible
to attend.
944
•HR 1 RH1&2
‘‘(B) BEST INTEREST.—In determining the
best interest of the child or youth under subpara-
graph (A), the local educational agency shall—
‘‘(i) to the extent feasible, keep a home-
less child or youth in the school of origin,
except when doing so is contrary to the
wishes of the child’s or youth’s parent or
guardian;
‘‘(ii) provide a written explanation,
including a statement regarding the right to
appeal under subparagraph (E), to the
homeless child’s or youth’s parent or guard-
ian if the local educational agency sends
such child or youth to a school other than
the school of origin or a school requested by
the parent or guardian; and
‘‘(iii) in the case of an unaccompanied
youth, ensure that the homeless liaison des-
ignated under paragraph (1)(J)(2) assists
in placement or enrollment decisions under
this subparagraph and provides notice to
such youth of the right to appeal under sub-
paragraph (E).
‘‘(C) ENROLLMENT.—(i) The school selected
in accordance with this paragraph shall imme-
945
•HR 1 RH1&2
diately enroll pursuant to section 725(3) the
homeless child or youth, even if the child or
youth is unable to produce records normally re-
quired for enrollment, such as previous academic
records, medical records, proof of residency, or
other documentation.
‘‘(ii) The enrolling school shall immediately
contact the school last attended by the child or
youth to obtain relevant academic and other
records.
‘‘(iii) If the child or youth needs to obtain
immunizations or immunization or medical
records, the enrolling school shall immediately
refer the parent or guardian of the child or youth
to the liaison who shall assist in obtaining nec-
essary immunizations or immunization or med-
ical records in accordance with subparagraph
(E).
‘‘(D) RECORDS.—Any record ordinarily
kept by the school, including immunization or
medical records, academic records, birth certifi-
cates, guardianship records, and evaluations for
special services or programs, of each homeless
child or youth shall be maintained—
946
•HR 1 RH1&2
‘‘(i) so that the records are available,
in a timely fashion, when a child or youth
enters a new school or school district; and
‘‘(ii) in a manner consistent with sec-
tion 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g).
‘‘(E) ENROLLMENT DISPUTES.—If a dispute
arises over school selection or enrollment in a
school—
‘‘(i) the child or youth shall be imme-
diately admitted to the school in which en-
rollment is sought, pending resolution of the
dispute;
‘‘(ii) the parent or guardian of the
child or youth shall be provided with a
written explanation of the school’s decision
regarding school selection or enrollment, in-
cluding the rights of the parent, guardian,
or youth to appeal the decision;
‘‘(iii) the child, youth, parent, or
guardian shall be referred to the local liai-
son designated under paragraph (1)(J)(ii),
who shall carry out the dispute resolution
process as described in paragraph (1)(A) as
947
•HR 1 RH1&2
expeditiously as possible after receiving no-
tice of the dispute; and
‘‘(iv) in the case of an unaccompanied
youth, the homeless liaison shall ensure that
the youth is immediately enrolled in school
pending resolution of the dispute.
‘‘(F) PLACEMENT CHOICE.—The choice re-
garding placement shall be made regardless of
whether the child or youth lives with the home-
less parents or has been temporarily placed else-
where.
‘‘(G) SCHOOL OF ORIGIN DEFINED.—In this
paragraph, the term ‘school of origin’ means the
school that the child or youth attended when per-
manently housed or the school in which the child
or youth was last enrolled.
‘‘(H) CONTACT INFORMATION.—Nothing in
this subtitle shall prohibit a local educational
agency from requiring a parent or guardian of
a homeless child to submit contact information
required by the local educational agency of a
parent or guardian of a nonhomeless child.
‘‘(4) COMPARABLE
SERVICES.—Each homeless
child or youth to be assisted under this subtitle shall
be provided services comparable to services offered to
948
•HR 1 RH1&2
other students in the school selected under paragraph
(3), including—
‘‘(A) transportation services;
‘‘(B) educational services for which the child
or youth meets the eligibility criteria, such as
services provided under title I of the Elementary
and Secondary Education Act of 1965 or similar
State or local programs, educational programs
for children with disabilities, and educational
programs for students with limited-English pro-
ficiency;
‘‘(C) programs in vocational and technical
education;
‘‘(D) programs for gifted and talented stu-
dents; and
‘‘(E) school nutrition programs.
‘‘(5) COORDINATION.—
‘‘(A) IN GENERAL.—Each local educational
agency serving homeless children and youth that
receives assistance under this subtitle shall
coordinate—
‘‘(i) the provision of services under this
subtitle with local social services agencies
and other agencies or programs providing
services to homeless children and youth and
949
•HR 1 RH1&2
their families, including services and pro-
grams funded under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et
seq.); and
‘‘(ii) with other local educational agen-
cies on interdistrict issues, such as trans-
portation or transfer of school records.
‘‘(B) HOUSING ASSISTANCE.—If applicable,
each State and local educational agency that re-
ceives assistance under this subtitle shall coordi-
nate with State and local housing agencies re-
sponsible for developing the comprehensive hous-
ing affordability strategy described in section
105 of the Cranston-Gonzales National Afford-
able Housing Act (42 U.S.C. 12705) to minimize
educational disruption for children and youth
who become homeless.
‘‘(C) COORDINATION PURPOSE.—The coordi-
nation required under subparagraphs (A) and
(B) shall be designed to—
‘‘(i) ensure that homeless children and
youth have access and reasonable proximity
to available education and related support
services; and
950
•HR 1 RH1&2
‘‘(ii) raise the awareness of school per-
sonnel and service providers of the effects of
short-term stays in a shelter and other chal-
lenges associated with homelessness.
‘‘(6) LIAISON.—
‘‘(A) DUTIES.—Each local liaison for home-
less children and youth, designated under para-
graph (1)(J)(ii), shall ensure that—
‘‘(i) homeless children and youth are
identified by school personnel and through
coordination activities with other entities
and agencies;
‘‘(ii) homeless children and youth en-
roll in, and have an equal opportunity to
succeed in, schools of that agency;
‘‘(iii) homeless families, children, and
youth receive educational services for which
such families, children, and youth are eligi-
ble, including Head Start and Even Start
programs and preschool programs adminis-
tered by the local educational agency, and
referrals to health care services, dental serv-
ices, mental health services, and other ap-
propriate services;
951
•HR 1 RH1&2
‘‘(iv) the parents or guardians of
homeless children and youth are informed of
the education and related opportunities
available to their children and are provided
with meaningful opportunities to partici-
pate in the education of their children;
‘‘(v) public notice of the educational
rights of homeless children and youth is dis-
seminated where such children and youth
receive services under this Act, such as
schools, family shelters, and soup kitchens;
‘‘(vi) enrollment disputes are mediated
in accordance with subsection (g)(3)(E);
and
‘‘(vii) the parent or guardian of a
homeless child or youth, and any unaccom-
panied youth, is fully informed of all trans-
portation services, including transportation
to the school of origin, as described in para-
graph (1)(J)(ii), and is assisted in access-
ing transportation to the school selected in
accordance with paragraph (3)(A).
‘‘(B) NOTICE.—State coordinators whose
duties are described under subsection (d) and
local educational agencies shall inform school
952
•HR 1 RH1&2
personnel, service providers, and advocates work-
ing with homeless families of the duties of the li-
aisons.
‘‘(C) LOCAL AND STATE COORDINATION.—
Local educational agency liaisons for homeless
children and youth shall, as a part of their du-
ties, coordinate and collaborate with State coor-
dinators and community and school personnel
responsible for the provision of education and re-
lated services to homeless children and youth.
‘‘(7) REVIEW AND REVISIONS.—
‘‘(A) IN GENERAL.—Each State educational
agency and local educational agency that re-
ceives assistance under this subtitle, shall review
and revise any policies that may act as barriers
to the enrollment of homeless children and youth
in schools selected in accordance with paragraph
(3).
‘‘(B) CONSIDERATION.—In reviewing and
revising such policies, consideration shall be
given to issues concerning transportation, immu-
nization, residency, birth certificates, school
records and other documentation, and guardian-
ship.
953
•HR 1 RH1&2
‘‘(C) SPECIAL ATTENTION.—Special atten-
tion shall be given to ensuring the enrollment
and attendance of homeless children and youth
who are not currently attending school.
‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE
EDUCATION OF HOMELESS CHILDREN AND
YOUTH.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) IN GENERAL.—The State educational agen-
cy shall, in accordance with section 722(e) and from
amounts made available to such agency under section
726, make grants to local educational agencies for the
purpose of facilitating the enrollment, attendance,
and success in school of homeless children and youth.
‘‘(2) SERVICES.—
‘‘(A) IN
GENERAL.—Services under para-
graph (1)—
‘‘(i) may be provided through pro-
grams on school grounds or at other facili-
ties;
‘‘(ii) shall, to the maximum extent
practicable, be provided through existing
programs and mechanisms that integrate
homeless children and youth with nonhome-
less children and youth; and
954
•HR 1 RH1&2
‘‘(iii) shall be designed to expand or
improve services provided as part of a
school’s regular academic program, but not
to replace such services provided under such
program.
‘‘(B) SERVICES ON SCHOOL GROUNDS.—If
services under paragraph (1) are provided on
school grounds, schools—
‘‘(i) may use funds under this subtitle
to provide the same services to other chil-
dren and youth who are determined by the
local educational agency to be at risk of
failing in, or dropping out of, schools, sub-
ject to the requirements of clause (ii); and
‘‘(ii) except as otherwise provided in
section 722(e)(3)(B), shall not provide serv-
ices in settings within a school that seg-
regates homeless children and youth from
other children and youth, except as is nec-
essary for short periods of time—
‘‘(I) for health and safety emer-
gencies; or
‘‘(II) to provide temporary, spe-
cial, and supplementary services to
955
•HR 1 RH1&2
meet the unique needs of homeless chil-
dren and youth.
‘‘(3) REQUIREMENT.—Services provided under
this section shall not replace the regular academic
program and shall be designed to expand upon or im-
prove services provided as part of the school’s regular
academic program.
‘‘(b) APPLICATION.—A local educational agency that
desires to receive a grant under this section shall submit
an application to the State educational agency at such
time, in such manner, and containing or accompanied by
such information as the State educational agency may rea-
sonably require. Each such application shall include—
‘‘(1) an assessment of the educational and related
needs of homeless children and youth, as defined in
section 725(1) and (2), in the area served by such
agency (which may be undertaken as part of needs as-
sessments for other disadvantaged groups);
‘‘(2) a description of the services and programs
for which assistance is sought to address the needs
identified in paragraph (1);
‘‘(3) an assurance that the local educational
agency’s combined fiscal effort per student, or the ag-
gregate expenditures of that agency and the State
with respect to the provision of free public education
956
•HR 1 RH1&2
by such agency for the fiscal year preceding the fiscal
year for which the determination is made, was not
less than 90 percent of such combined fiscal effort or
aggregate expenditures for the second fiscal year pre-
ceding the fiscal year for which the determination is
made;
‘‘(4) an assurance that the applicant complies
with, or will use requested funds to comply with,
paragraphs (3) through (7) of section 722(g); and
‘‘(5) a description of policies and procedures,
consistent with section 722(e)(3)(B), that the agency
will implement to ensure that activities carried out
by the agency will not isolate or stigmatize homeless
children and youth.
‘‘(c) AWARDS.—
‘‘(1) IN GENERAL.—The State educational agen-
cy shall, in accordance with the requirements of this
subtitle and from amounts made available to it under
section 726, make competitive subgrants to local edu-
cational agencies that submit applications under sub-
section (b). Such subgrants shall be awarded on the
basis of the need of such agencies for assistance under
this subtitle and the quality of the applications sub-
mitted.
957
•HR 1 RH1&2
‘‘(2) NEED.—In determining need under para-
graph (1), the State educational agency may consider
the number of homeless children and youth enrolled in
preschool, elementary, and secondary schools within
the area served by the agency, and shall consider the
needs of such children and youth and the ability of
the agency to meet such needs. Such agency may also
consider—
‘‘(A) the extent to which the proposed use of
funds would facilitate the enrollment, retention,
and educational success of homeless children and
youth;
‘‘(B) the extent to which the application—
‘‘(i) reflects coordination with other
local and State agencies that serve homeless
children and youth; and
‘‘(ii) meets the requirements of section
722(g)(3);
‘‘(C) the extent to which the applicant ex-
hibits in the application and in current practice
a commitment to education for all homeless chil-
dren and youth; and
‘‘(D) such other criteria as the State agency
determines appropriate.
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•HR 1 RH1&2
‘‘(3) QUALITY.—In determining the quality of
applications under paragraph (1), the State edu-
cational agency shall consider—
‘‘(A) the applicant’s needs assessment under
subsection (b)(1) and the likelihood that the pro-
gram presented in the application will meet such
needs;
‘‘(B) the types, intensity, and coordination
of the services to be provided under the program;
‘‘(C) the involvement of parents or guard-
ians;
‘‘(D) the extent to which homeless children
and youth will be integrated within the regular
education program;
‘‘(E) the quality of the applicant’s evalua-
tion plan for the program;
‘‘(F) the extent to which services provided
under this subtitle will be coordinated with other
available services; and
‘‘(G) such other measures as the State edu-
cational agency considers indicative of a high-
quality program.
‘‘(4) DURATION
OF
GRANTS.—Grants awarded
under this section shall be for terms not to exceed 3
years.
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•HR 1 RH1&2
‘‘(d) AUTHORIZED ACTIVITIES.—A local educational
agency may use funds awarded under this section for activi-
ties to carry out the purpose of this subtitle, including—
‘‘(1) the provision of tutoring, supplemental in-
struction, and enriched educational services that are
linked to the achievement of the same challenging
State academic content standards and challenging
State student academic achievement standards the
State establishes for other children and youth;
‘‘(2) the provision of expedited evaluations of the
strengths and needs of homeless children and youth,
including needs and eligibility for programs and serv-
ices (such as educational programs for gifted and tal-
ented students, children with disabilities, and stu-
dents with limited-English proficiency, services pro-
vided under title I of the Elementary and Secondary
Education Act of 1965 or similar State or local pro-
grams, programs in vocational and technical edu-
cation, and school nutrition programs);
‘‘(3) professional development and other activi-
ties for educators and pupil services personnel that
are designed to heighten the understanding and sensi-
tivity of such personnel to the needs of homeless chil-
dren and youth, the rights of such children and youth
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•HR 1 RH1&2
under this Act, and the specific educational needs of
runaway and homeless youth;
‘‘(4) the provision of referral services to homeless
children and youth for medical, dental, mental, and
other health services;
‘‘(5) the provision of assistance to defray the ex-
cess cost of transportation for students pursuant to
section 722(g)(4)(A), not otherwise provided through
Federal, State, or local funding, where necessary to
enable students to attend the school selected under sec-
tion 722(g)(3);
‘‘(6) the provision of developmentally appro-
priate early childhood education programs, not other-
wise provided through Federal, State, or local fund-
ing, for preschool-aged children;
‘‘(7) the provision of services and assistance to
attract, engage, and retain homeless youth (as de-
scribed in paragraphs (1) and (2) of section 725) in
public school programs and services provided to non-
homeless youth;
‘‘(8) the provision for homeless children and
youth of before- and after-school, mentoring, and sum-
mer programs in which a teacher or other qualified
individual provides tutoring, homework assistance,
and supervision of educational activities;