416
tribe, insofar as those responsibilities re-
late to education; and
‘‘(ii) the termination by the Bureau of
such operations and office at the time of
such assumption,
except that when mutually agreeable between
the tribal governing body and the Assistant
Secretary, the period in which such assumption
is to occur may be modified, reduced, or ex-
tended after the initial year of the grant.
‘‘(2) TIME PERIOD OF GRANT.—Subject to the
availability of appropriated funds, grants provided
under this section shall be provided for a period of
3 years and the grant may, if performance by the
grantee is satisfactory to the Secretary, be renewed
for additional 3-year terms.
‘‘(d) TERMS, CONDITIONS, OR REQUIREMENTS.—The
Secretary shall not impose any terms, conditions, or re-
quirements on the provision of grants under this section
that are not specified in this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out the provisions of this section,
there are authorized to be appropriated $2,000,000 for fis-
cal year 2000 and such sums as may be necessary for each
of the fiscal years 2001, 2002, 2003, and 2004.
417
‘‘SEC. 1141. DEFINITIONS.
‘‘For the purposes of this part, unless otherwise spec-
ified:
‘‘(1) AGENCY
SCHOOL
BOARD.—The term
‘agency school board’ means a body, the members of
which are appointed by all of the school boards of
the schools located within an agency, including
schools operated under contract or grant, and the
number of such members shall be determined by the
Secretary in consultation with the affected tribes, ex-
cept that, in agencies serving a single school, the
school board of such school shall fulfill these duties,
and in agencies having schools or a school operated
under contract or grant, one such member at least
shall be from such a school.
‘‘(2) BUREAU.—The term ‘Bureau’ means the
Bureau of Indian Affairs of the Department of the
Interior.
‘‘(3) BUREAU
FUNDED
SCHOOL.—The term
‘Bureau funded school’ means—
‘‘(A) a Bureau school;
‘‘(B) a contract or grant school; or
‘‘(C) a school for which assistance is pro-
vided under the Tribally Controlled Schools Act
of 1988.
418
‘‘(4) BUREAU
SCHOOL.—The term ‘Bureau
school’ means a Bureau operated elementary or sec-
ondary day or boarding school or a Bureau operated
dormitory for students attending a school other than
a Bureau school.
‘‘(5) CONTRACT OR GRANT SCHOOL.—The term
‘contract or grant school’ means an elementary or
secondary school or dormitory which receives finan-
cial assistance for its operation under a contract,
grant or agreement with the Bureau under section
102, 103(a), or 208 of the Indian Self-Determina-
tion and Education Assistance Act, or under the
Tribally Controlled Schools Act of 1988.
‘‘(6) EDUCATION
LINE
OFFICER.—The term
‘education line officer’ means education personnel
under the supervision of the Director, whether lo-
cated in the central, area, or agency offices.
‘‘(7) FINANCIAL
PLAN.—The term ‘financial
plan’ means a plan of services provided by each Bu-
reau school.
‘‘(8) INDIAN ORGANIZATION.—the term ‘Indian
organization’ means any group, association, partner-
ship, corporation, or other legal entity owned or con-
trolled by a federally recognized Indian tribe or
419
tribes, or a majority of whose members are members
of federally recognized tribes.
‘‘(9) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ means a board of edu-
cation or other legally constituted local school au-
thority having administrative control and direction
of free public education in a county, township, inde-
pendent, or other school district located within a
State, and includes any State agency which directly
operates and maintains facilities for providing free
public education.
‘‘(10) LOCAL SCHOOL BOARD.—The term ‘local
school board’, when used with respect to a Bureau
school, means a body chosen in accordance with the
laws of the tribe to be served or, in the absence of
such laws, elected by the parents of the Indian chil-
dren attending the school, except that in schools
serving a substantial number of students from dif-
ferent tribes, the members shall be appointed by the
governing bodies of the tribes affected, and the num-
ber of such members shall be determined by the Sec-
retary in consultation with the affected tribes.
‘‘(11) OFFICE.—The term ‘Office’ means the
Office of Indian Education Programs within the Bu-
reau.
420
‘‘(12) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of the Interior.
‘‘(13) SUPERVISOR.—The term ‘supervisor’
means the individual in the position of ultimate au-
thority at a Bureau school.
‘‘(14) TRIBAL
GOVERNING
BODY.—The term
‘tribal governing body’ means, with respect to any
school, the tribal governing body, or tribal governing
bodies, that represent at least 90 percent of the stu-
dents served by such school.
‘‘(15) TRIBE.—The term ‘tribe’ means any In-
dian tribe, band, nation, or other organized group or
community, including any Alaska Native village or
regional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settle-
ment Act, which is recognized as eligible for the spe-
cial programs and services provided by the United
States to Indians because of their status as Indi-
ans.’’.
Subtitle C—Tribally Controlled
Schools Act of 1988
SEC. 420. TRIBALLY CONTROLLED SCHOOLS.
Sections 5202 through 5212 of Public Law 100–297
(25 U.S.C. 2501 et seq.) are amended to read as follows:
421
‘‘SEC. 5202. FINDINGS.
‘‘Congress, after careful review of the Federal Gov-
ernment’s historical and special legal relationship with,
and resulting responsibilities to, Indians, finds that—
‘‘(1) the Indian Self-Determination and Edu-
cation Assistance Act, which was a product of the le-
gitimate aspirations and a recognition of the inher-
ent authority of Indian nations, was and is a crucial
positive step towards tribal and community control;
‘‘(2) the Bureau of Indian Affairs’ administra-
tion and domination of the contracting process
under such Act has not provided the full opportunity
to develop leadership skills crucial to the realization
of self-government and has denied Indians an effec-
tive voice in the planning and implementation of
programs for the benefit of Indians which are re-
sponsive to the true needs of Indian communities;
‘‘(3) Indians will never surrender their desire to
control their relationships both among themselves
and with non-Indian governments, organizations,
and persons;
‘‘(4) true self-determination in any society of
people is dependent upon an educational process
which will ensure the development of qualified people
to fulfill meaningful leadership roles;
422
‘‘(5) the Federal administration of education
for Indian children has not effected the desired level
of educational achievement or created the diverse op-
portunities and personal satisfaction that education
can and should provide;
‘‘(6) true local control requires the least pos-
sible Federal interference; and
‘‘(7) the time has come to enhance the concepts
made manifest in the Indian Self-Determination and
Education Assistance Act.
‘‘SEC. 5203. DECLARATION OF POLICY.
‘‘(a) RECOGNITION.—Congress recognizes the obliga-
tion of the United States to respond to the strong expres-
sion of the Indian people for self-determination by assur-
ing maximum Indian participation in the direction of edu-
cational services so as to render such services more re-
sponsive to the needs and desires of those communities.
‘‘(b) COMMITMENT.—Congress declares its commit-
ment to the maintenance of the Federal Government’s
unique and continuing trust relationship with and respon-
sibility to the Indian people through the establishment of
a meaningful Indian self-determination policy for edu-
cation which will deter further perpetuation of Federal bu-
reaucratic domination of programs.
423
‘‘(c) NATIONAL GOAL.—Congress declares that a
major national goal of the United States is to provide the
resources, processes, and structure which will enable tribes
and local communities to effect the quantity and quality
of educational services and opportunities which will permit
Indian children to compete and excel in the life areas of
their choice and to achieve the measure of self-determina-
tion essential to their social and economic well-being.
‘‘(d) EDUCATIONAL NEEDS.—Congress affirms the
reality of the special and unique educational needs of In-
dian peoples, including the need for programs to meet the
linguistic and cultural aspirations of Indian tribes and
communities. These may best be met through a grant
process.
‘‘(e) FEDERAL RELATIONS.—Congress declares its
commitment to these policies and its support, to the full
extent of its responsibility, for Federal relations with the
Indian Nations.
‘‘(f) TERMINATION.—Congress hereby repudiates and
rejects House Resolution 108 of the 83d Congress and any
policy of unilateral termination of Federal relations with
any Indian Nation.
‘‘SEC. 5204. GRANTS AUTHORIZED.
‘‘(a) IN GENERAL.—
424
‘‘(1) ELIGIBILITY.—The Secretary shall provide
grants to Indian tribes, and tribal organizations
that—
‘‘(A) operate contract schools under title
XI of the Education Amendments of 1978 and
notify the Secretary of their election to operate
the schools with assistance under this part
rather than continuing as contract school;
‘‘(B) operate other tribally controlled
schools eligible for assistance under this part
and submit applications (which are approved by
their tribal governing bodies) to the Secretary
for such grants; or
‘‘(C) elect to assume operation of Bureau
funded schools with the assistance under this
part and submit applications (which are ap-
proved by their tribal governing bodies) to the
Secretary for such grants.
‘‘(2) DEPOSIT
OF
FUNDS.—Grants provided
under this part shall be deposited into the general
operating fund of the tribally controlled school with
respect to which the grant is made.
‘‘(3) USE OF FUNDS.—(A) Except as otherwise
provided in this paragraph, grants provided under
this part shall be used to defray, at the discretion
425
of the school board of the tribally controlled school
with respect to which the grant is provided, any ex-
penditures for education related activities for which
any funds that compose the grant may be used
under the laws described in section 5205(a), includ-
ing, but not limited to, expenditures for—
‘‘(i) school operations, academic, edu-
cational, residential, guidance and counseling,
and administrative purposes; and
‘‘(ii) support services for the school, includ-
ing transportation.
‘‘(B) Grants provided under this part may, at
the discretion of the school board of the tribally con-
trolled school with respect to which such grant is
provided, be used to defray operations and mainte-
nance expenditures for the school if any funds for
the operation and maintenance of the school are al-
located to the school under the provisions of any of
the laws described in section 5205(a).
‘‘(b) LIMITATIONS.—
‘‘(1) ONE GRANT PER TRIBE OR ORGANIZATION
PER FISCAL YEAR.—Not more than one grant may
be provided under this part with respect to any In-
dian tribe or tribal organization for any fiscal year.
426
‘‘(2) NONSECTARIAN
USE.—Funds provided
under any grant made under this part may not be
used in connection with religious worship or sec-
tarian instruction.
‘‘(3) ADMINISTRATIVE
COSTS
LIMITATION.—
Funds provided under any grant under this part
may not be expended for administrative costs (as de-
fined in section 1128(h)(1) of the Education Amend-
ments of 1978) in excess of the amount generated
for such costs under section 1128 of such Act.
‘‘(c) LIMITATION ON TRANSFER OF FUNDS AMONG
SCHOOLSITES.—
‘‘(1) IN GENERAL.—In the case of a grantee
that operates schools at more than one schoolsite,
the grantee may expend not more than the lesser
of—
‘‘(A) 10 percent of the funds allocated for
such schoolsite under section 1128 of the Edu-
cation Amendments of 1978; or
‘‘(B) $400,000 of such funds, at any other
schoolsite.
‘‘(2) DEFINITION OF SCHOOLSITE.—For pur-
poses of this subsection, the term ‘schoolsite’ means
the physical location and the facilities of an elemen-
tary or secondary educational or residential program
427
operated by, or under contract or grant with, the
Bureau for which a discreet student count is identi-
fied under the funding formula established under
section 1127 of the Education Amendments of 1978.
‘‘(d) NO REQUIREMENT TO ACCEPT GRANTS.—
Nothing in this part may be construed—
‘‘(1) to require a tribe or tribal organization to
apply for or accept; or
‘‘(2) to allow any person to coerce any tribe or
tribal organization to apply for, or accept,
a grant under this part to plan, conduct, and administer
all of, or any portion of, any Bureau program. Such appli-
cations and the timing of such applications shall be strictly
voluntary. Nothing in this part may be construed as allow-
ing or requiring any grant with any entity other than the
entity to which the grant is provided.
‘‘(e) NO EFFECT ON FEDERAL RESPONSIBILITY.—
Grants provided under this part shall not terminate, mod-
ify, suspend, or reduce the responsibility of the Federal
Government to provide a program.
‘‘(f) RETROCESSION.—
‘‘(1) IN
GENERAL.—Whenever a tribal gov-
erning body requests retrocession of any program for
which assistance is provided under this part, such
retrocession shall become effective upon a date speci-
428
fied by the Secretary that is not later than 120 days
after the date on which the tribal governing body re-
quests the retrocession. A later date as may be spec-
ified if mutually agreed upon by the Secretary and
the tribal governing body. If such a program is
retroceded, the Secretary shall provide to any Indian
tribe served by such program at least the same
quantity and quality of services that would have
been provided under such program at the level of
funding provided under this part prior to the ret-
rocession.
‘‘(2) STATUS AFTER RETROCESSION.—The tribe
requesting retrocession shall specify whether the ret-
rocession is to status as a Bureau operated school
or as a school operated under contract under title XI
of the Education Amendments of 1978.
‘‘(3) TRANSFER
OF
EQUIPMENT
AND
MATE-
RIALS.—Except as otherwise determined by the Sec-
retary, the tribe or tribal organization operating the
program to be retroceded must transfer to the Sec-
retary (or to the tribe or tribal organization which
will operate the program as a contract school) the
existing equipment and materials which were
acquired—
‘‘(A) with assistance under this part; or
429
‘‘(B) upon assumption of operation of the
program under this part if the school was a Bu-
reau funded school under title XI of the Edu-
cation Amendments of 1978 before receiving as-
sistance under this part.
‘‘(g) PROHIBITION OF TERMINATION FOR ADMINIS-
TRATIVE CONVENIENCE.—Grants provided under this
part may not be terminated, modified, suspended, or re-
duced solely for the convenience of the administering agen-
cy.
‘‘SEC. 5205. COMPOSITION OF GRANTS.
‘‘(a) IN GENERAL.—The grant provided under this
part to an Indian tribe or tribal organization for any fiscal
year shall consist of—
‘‘(1) the total amount of funds allocated for
such fiscal year under sections 1127 and 1128 of the
Education Amendments of 1978 with respect to the
tribally controlled schools eligible for assistance
under this part which are operated by such Indian
tribe or tribal organization, including, but not lim-
ited to, funds provided under such sections, or under
any other provision of law, for transportation costs;
‘‘(2) to the extent requested by such Indian
tribe or tribal organization, the total amount of
funds provided from operations and maintenance ac-
430
counts and, notwithstanding section 105 of the In-
dian Self-Determination Act, or any other provision
of law, other facilities accounts for such schools for
such fiscal year (including but not limited to those
referenced under section 1126(d) of the Education
Amendments of 1978 or any other law); and
‘‘(3) the total amount of funds that are allo-
cated to such schools for such fiscal year under—
‘‘(A) title I of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(B) the Individuals with Disabilities Edu-
cation Act; and
‘‘(C) any other Federal education law, that
are allocated to such schools for such fiscal
year.
‘‘(b) SPECIAL RULES.—
‘‘(1) IN GENERAL.—(A) Funds allocated to a
tribally controlled school by reason of paragraph (1)
or (2) of subsection (a) shall be subject to the provi-
sions of this part and shall not be subject to any ad-
ditional restriction, priority, or limitation that is im-
posed by the Bureau with respect to funds provided
under—
‘‘(i) title I of the Elementary and Sec-
ondary Education Act of 1965;
431
‘‘(ii) the Individuals with Disabilities Edu-
cation Act; or
‘‘(iii) any Federal education law other than
title XI of the Education Amendments of 1978.
‘‘(B) Indian tribes and tribal organizations to
which grants are provided under this part, and trib-
ally controlled schools for which such grants are pro-
vided, shall not be subject to any requirements, obli-
gations, restrictions, or limitations imposed by the
Bureau that would otherwise apply solely by reason
of the receipt of funds provided under any law re-
ferred to in clause (i), (ii), or (iii) of subparagraph
(A).
‘‘(2) 
SCHOOLS
CONSIDERED
CONTRACT
SCHOOLS.—Tribally controlled schools for which
grants are provided under this part shall be treated
as contract schools for the purposes of allocation of
funds under sections 1126(d), 1127, and 1128 of
the Education Amendments of 1978.
‘‘(3) 
SCHOOLS
CONSIDERED
BUREAU
SCHOOLS.—Tribally controlled schools for which
grants are provided under this chapter shall be
treated as Bureau schools for the purposes of alloca-
tion of funds provided under—
433
other organization provides funding for the new con-
struction equal to at least 25 percent of the total
cost of such new construction.
‘‘(C) Where the appropriations measure or the
application submission does not stipulate a period
for the work covered by the funds so designated, the
Secretary and the grantee shall consult and deter-
mine such a period prior to the transfer of the
funds. A period so determined may be extended
upon mutual agreement of the Secretary and the
grantee.
‘‘(5) ENFORCEMENT OF REQUEST TO INCLUDE
FUNDS.—If the Secretary fails to carry out a re-
quest made under subsection (a)(2) within 180 days
of a request filed by an Indian tribe or tribal organi-
zation to include in such tribe or organization’s
grant the funds described in subsection (a)(2), the
Secretary shall be deemed to have approved such re-
quest and the Secretary shall immediately amend
the grant accordingly. Such tribe or organization
may enforce its rights under subsection (a)(2) and
this paragraph, including any denial or failure to act
on such tribe or organization’s request, pursuant to
the disputes authority described in section 5209(e).
435
1999 shall be reviewed under the guidelines and reg-
ulations for applications submitted under the Indian
Self-Determination and Education Assistance Act
that were in effect at the time the application was
submitted, unless the Indian tribe or tribal organiza-
tion elects to have the application reviewed under
the provisions of subsection (b).
‘‘(b) ADDITIONAL
REQUIREMENTS
FOR
BUREAU
FUNDED SCHOOLS AND CERTAIN ELECTING SCHOOLS.—
‘‘(1) BUREAU
FUNDED
SCHOOLS.—A school
that was a Bureau funded school under title XI of
the Education Amendments of 1978 on the date of
the enactment of the Student Results Act of 1999,
and any school with respect to which an election is
made under subsection (a)(2), meets the require-
ments of this subsection if—
‘‘(A) the Indian tribe or tribal organization
that operates, or desires to operate, the school
submits to the Secretary an application request-
ing that the Secretary—
‘‘(i) transfer operation of the school to
the Indian tribe or tribal organization, if
the Indian tribe or tribal organization is
not already operating the school; and
436
‘‘(ii) make a determination as to
whether the school is eligible for assistance
under this part; and
‘‘(B) the Secretary makes a determination
that the school is eligible for assistance under
this part.
‘‘(2) CERTAIN
ELECTING
SCHOOLS.—(A) By
not later than the date that is 120 days after the
date on which an application is submitted to the
Secretary under paragraph (1)(A), the Secretary
shall determine—
‘‘(i) in the case of a school which is not
being operated by the Indian tribe or tribal or-
ganization, whether to transfer operation of the
school to the Indian tribe or tribal organization;
and
‘‘(ii) whether the school is eligible for as-
sistance under this part.
‘‘(B) In considering applications submitted
under paragraph (1)(A), the Secretary—
‘‘(i) shall transfer operation of the school
to the Indian tribe or tribal organization, if the
tribe or tribal organization is not already oper-
ating the school; and
437
‘‘(ii) shall determine that the school is eli-
gible for assistance under this part, unless the
Secretary finds by clear and convincing evidence
that the services to be provided by the Indian
tribe or tribal organization will be deleterious to
the welfare of the Indians served by the school.
‘‘(C) In considering applications submitted
under paragraph (1)(A), the Secretary shall consider
whether the Indian tribe or tribal organization would
be deficient in operating the school with respect to—
‘‘(i) equipment;
‘‘(ii) bookkeeping and accounting proce-
dures;
‘‘(iii) ability to adequately manage a
school; or
‘‘(iv) adequately trained personnel.
‘‘(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL
WHICH IS NOT A BUREAU FUNDED SCHOOL.—
‘‘(1) IN GENERAL.—A school which is not a Bu-
reau funded school under title XI of the Education
Amendments of 1978 meets the requirements of this
subsection if—
‘‘(A) the Indian tribe or tribal organization
that operates, or desires to operate, the school
submits to the Secretary an application request-
438
ing a determination by the Secretary as to
whether the school is eligible for assistance
under this part; and
‘‘(B) the Secretary makes a determination
that a school is eligible for assistance under this
part.
‘‘(2) DEADLINE FOR DETERMINATION BY SEC-
RETARY.—(A) By not later than the date that is
180 days after the date on which an application is
submitted to the Secretary under paragraph (1)(A),
the Secretary shall determine whether the school is
eligible for assistance under this part.
‘‘(B) In making the determination under sub-
paragraph (A), the Secretary shall give equal consid-
eration to each of the following factors:
‘‘(i) 
with 
respect 
to 
the 
applicant’s
proposal—
‘‘(I) the adequacy of facilities or the
potential to obtain or provide adequate fa-
cilities;
‘‘(II) geographic and demographic fac-
tors in the affected areas;
‘‘(III) adequacy of the applicant’s pro-
gram plans;
439
‘‘(IV) geographic proximity of com-
parable public education; and
‘‘(V) the needs as expressed by all af-
fected parties, including but not limited to
students, families, tribal governments at
both the central and local levels, and
school organizations; and
‘‘(ii) with respect to all education services
already available—
‘‘(I) geographic and demographic fac-
tors in the affected areas;
‘‘(II) adequacy and comparability of
programs already available;
‘‘(III) consistency of available pro-
grams with tribal education codes or tribal
legislation on education; and
‘‘(IV) the history and success of these
services for the proposed population to be
served, as determined from all factors in-
cluding, if relevant, standardized examina-
tion performance.
‘‘(C) The Secretary may not make a
determination under this paragraph that is
primarily based upon the geographic prox-
imity of comparable public education.
441
the Director of the Office of Indian Education Pro-
grams of the Bureau of Indian Affairs. The date on
which such filing occurs shall, for purposes of this
part, be treated as the date on which the application
or amendment was submitted to the Secretary.
‘‘(2) SUPPORTING DOCUMENTATION.—Any ap-
plication that is submitted under this chapter shall
be accompanied by a document indicating the action
taken by the tribal governing body in authorizing
such application.
‘‘(e) EFFECTIVE DATE
FOR APPROVED APPLICA-
TIONS.—Except as provided by subsection (c)(2)(E), a
grant provided under this part, and any transfer of the
operation of a Bureau school made under subsection (b),
shall become effective beginning the academic year suc-
ceeding the fiscal year in which the application for the
grant or transfer is made, or at an earlier date determined
by the Secretary.
‘‘(f) DENIAL OF APPLICATIONS.—
‘‘(1) IN GENERAL.—Whenever the Secretary re-
fuses to approve a grant under this chapter, to
transfer operation of a Bureau school under sub-
section (b), or determines that a school is not eligi-
ble for assistance under this part, the Secretary
shall—
442
‘‘(A) state the objections in writing to the
tribe or tribal organization within the allotted
time;
‘‘(B) provide assistance to the tribe or trib-
al organization to overcome all stated objec-
tions.
‘‘(C) at the request of the tribe or tribal
organization, provide the tribe or tribal organi-
zation a hearing on the record under the same
rules and regulations that apply under the In-
dian Self-Determination and Education Assist-
ance Act; and
‘‘(D) provide an opportunity to appeal the
objection raised.
‘‘(2) TIMELINE
FOR
RECONSIDERATION
OF
AMENDED APPLICATIONS.—The Secretary shall re-
consider any amended application submitted under
this part within 60 days after the amended applica-
tion is submitted to the Secretary.
‘‘(g) REPORT.—The Bureau shall submit an annual
report to the Congress on all applications received, and
actions taken (including the costs associated with such ac-
tions), under this section at the same time that the Presi-
dent is required to submit to Congress the budget under
section 1105 of title 31, United States Code.
443
‘‘SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.
‘‘(a) IN GENERAL.—If the Secretary determines that
a tribally controlled school is eligible for assistance under
this part, the eligibility determination shall remain in ef-
fect until the determination is revoked by the Secretary,
and the requirements of subsection (b) or (c) of section
5206, if applicable, shall be considered to have been met
with respect to such school until the eligibility determina-
tion is revoked by the Secretary.
‘‘(b) ANNUAL REPORTS.—
‘‘(1) IN GENERAL.—Each recipient of a grant
provided under this part shall complete an annual
report which shall be limited to—
‘‘(A) an annual financial statement report-
ing revenue and expenditures as defined by the
cost accounting established by the grantee;
‘‘(B) an annual financial audit conducted
pursuant to the standards of the Single Audit
Act of 1984;
‘‘(C) an annual submission to the Sec-
retary of the number of students served and a
brief description of programs offered under the
grant; and
‘‘(D) a program evaluation conducted by
an impartial evaluation review team, to be
444
based on the standards established for purposes
of subsection (c)(1)(A)(ii).
‘‘(2) EVALUATION REVIEW TEAMS.—Where ap-
propriate, other tribally controlled schools and rep-
resentatives of tribally controlled community colleges
shall make up members of the evaluation review
teams.
‘‘(3) EVALUATIONS.—In the case of a school
which is accredited, evaluations will be conducted at
intervals under the terms of accreditation.
‘‘(4) SUBMISSION OF REPORT.—
‘‘(A) TO
TRIBALLY
GOVERNING
BODY.—
Upon completion of the report required under
paragraph (a), the recipient of the grant shall
send (via first class mail, return receipt re-
quested) a copy of such annual report to the
tribal governing body (as defined in section
1132(f) of the Education Amendments of 1978)
of the tribally controlled school.
‘‘(B) TO SECRETARY.—Not later than 30
days after receiving written confirmation that
the tribal governing body has received the re-
port send pursuant to subsection (A), the re-
cipient of the grant shall send a copy of the re-
port to the Secretary.
445
‘‘(c) REVOCATION OF ELIGIBILITY.—
‘‘(1) IN GENERAL.—(A) The Secretary shall not
revoke a determination that a school is eligible for
assistance under this part if—
‘‘(i) the Indian tribe or tribal organization
submits the reports required under subsection
(b) with respect to the school; and
‘‘(ii) at least one of the following sub-
clauses applies with respect to the school:
‘‘(I) The school is certified or accred-
ited by a State or regional accrediting as-
sociation or is a candidate in good stand-
ing for such accreditation under the rules
of the State or regional accrediting asso-
ciation, showing that credits achieved by
the students within the education pro-
grams are, or will be, accepted at grade
level by a State certified or regionally ac-
credited institution.
‘‘(II) A determination made by the
Secretary that there is a reasonable expec-
tation that the accreditation described in
subclause (I), or the candidacy in good
standing for such accreditation, will be
reached by the school within 3 years and
446
that the program offered by the school is
beneficial to the Indian students.
‘‘(III) The school is accredited by a
tribal department of education if such ac-
creditation is accepted by a generally rec-
ognized regional or State accreditation
agency.
‘‘(IV) The schools accept the stand-
ards promulgated under section 1121 of
the Education Amendments of 1978 and
an evaluation of performance is conducted
under this section in conformance with the
regulations pertaining to Bureau operated
schools by an impartial evaluator chosen
by the grantee, but no grantee shall be re-
quired to comply with these standards to a
higher degree than a comparable Bureau
operated school.
‘‘(V) A positive evaluation of the
school is conducted by an impartial eval-
uator agreed upon by the Secretary and
the grantee every 2 years under standards
adopted by the contractor under a contract
for a school entered into under the Indian
Self-Determination and Education Assist-
447
ance Act (or revisions of such standards
agreed to by the Secretary and the grant-
ee) prior to the date of the enactment of
this Act. If the Secretary and the grantee
other than the tribal governing body fail to
agree on such an evaluator, the tribal gov-
erning body shall choose the evaluator or
perform the evaluation. If the Secretary
and a grantee which is the tribal governing
body fail to agree on such an evaluator,
this subclause shall not apply.
‘‘(B) The choice of standards employed for the
purpose of subparagraph (A)(ii) shall be consistent
with section 1121(e) of the Education Amendments
of 1978.
‘‘(2) NOTICE
REQUIREMENTS
FOR
REVOCA-
TION.—The Secretary shall not revoke a determina-
tion that a school is eligible for assistance under this
part, or reassume control of a school that was a Bu-
reau school prior to approval of an application sub-
mitted under section 5206(b)(1)(A) until the
Secretary—
‘‘(A) provides notice to the tribally con-
trolled school and the tribal governing body
(within the meaning of section 1141(14) of the
448
Education Amendments of 1978) of the tribally
controlled school which states—
‘‘(i) the specific deficiencies that led
to the revocation or resumption determina-
tion; and
‘‘(ii) the actions that are needed to
remedy such deficiencies; and
‘‘(B) affords such authority an opportunity
to effect the remedial actions.
‘‘(3) TECHNICAL ASSISTANCE.—The Secretary
shall provide such technical assistance as is prac-
ticable to effect such remedial actions. Such notice
and technical assistance shall be in addition to a
hearing and appeal to be conducted pursuant to the
regulations described in section 5206(f)(1)(C).
‘‘(d) APPLICABILITY
OF SECTION PURSUANT
TO
ELECTION UNDER SECTION 5209(b).—With respect to a
tribally controlled school which receives assistance under
this part pursuant to an election made under section
5209(b)—
‘‘(1) subsection (b) of this section shall apply;
and
‘‘(2) the Secretary may not revoke eligibility for
assistance under this part except in conformance
with subsection (c) of this section.
449
‘‘SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.
‘‘(a) PAYMENTS.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, the Secretary shall make
payments to grantees under this part in two pay-
ments, of which—
‘‘(A) the first payment shall be made not
later than July 15 of each year in an amount
equal to 85 percent of the amount which the
grantee was entitled to receive during the pre-
ceding academic year; and
‘‘(B) the second payment, consisting of the
remainder to which the grantee is entitled for
the academic year, shall be made not later than
December 1 of each year.
‘‘(2) NEWLY
FUNDED
SCHOOLS.—For any
school for which no payment under this part was
made from Bureau funds in the preceding academic
year, full payment of the amount computed for the
first academic year of eligibility under this part shall
be made not later than December 1 of the academic
year.
‘‘(3) LATE FUNDING.—With regard to funds for
grantees that become available for obligation on Oc-
tober 1 of the fiscal year for which such funds are
appropriated, the Secretary shall make payments to
450
grantees not later than December 1 of the fiscal
year.
‘‘(4) APPLICABILITY OF CERTAIN TITLE 31 PRO-
VISIONS.—The provisions of chapter 39 of Title 31,
United States Code, shall apply to the payments re-
quired to be made by paragraphs (1), (2), and (3).
‘‘(5) RESTRICTIONS.—Paragraphs (1), (2), and
(3) shall be subject to any restriction on amounts of
payments under this part that are imposed by a con-
tinuing resolution or other Act appropriating the
funds involved.
‘‘(b) INVESTMENT OF FUNDS.—
‘‘(1) TREATMENT OF INTEREST AND INVEST-
MENT INCOME.—Notwithstanding any other provi-
sion of law, any interest or investment income that
accrues to any funds provided under this part after
such funds are paid to the Indian tribe or tribal or-
ganization and before such funds are expended for
the purpose for which such funds were provided
under this part shall be the property of the Indian
tribe or tribal organization and shall not be taken
into account by any officer or employee of the Fed-
eral Government in determining whether to provide
assistance, or the amount of assistance, under any
451
provision of Federal law. Such interest income shall
be spent on behalf of the school.
‘‘(2) PERMISSIBLE INVESTMENTS.—Funds pro-
vided under this part may be invested by the Indian
tribe or tribal organization before such funds are ex-
pended for the purposes of this part so long as such
funds are—
‘‘(A) invested by the Indian tribe or tribal
organization only in obligations of the United
States, or in obligations or securities that are
guaranteed or insured by the United States, or
mutual (or other) funds registered with the Se-
curities and Exchange Commission and which
only invest in obligations of the United States,
or securities that are guaranteed or insured by
the United States; or
‘‘(B) deposited only into accounts that are
insure by and agency or instrumentality of the
United States, or are fully collateralized to en-
sure protection of the funds, even in the event
of a bank failure.
‘‘(c) RECOVERIES.—For the purposes of under-
recovery and overrecovery determinations by any Federal
agency for any other funds, from whatever source derived,
452
funds received under this part shall not be taken into con-
sideration.
‘‘SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSIST-
ANCE ACT.
‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—
The following provisions of the Indian Self-Determination
and Education Assistance Act (and any subsequent revi-
sions thereto or renumbering thereof), shall apply to
grants provided under this part:
‘‘(1) Section 5(f) (relating to single agency
audit).
‘‘(2) Section 6 (relating to criminal activities;
penalties).
‘‘(3) Section 7 (relating to wage and labor
standards).
‘‘(4) Section 104 (relating to retention of Fed-
eral employee coverage).
‘‘(5) Section 105(f) (relating to Federal prop-
erty).
‘‘(6) Section 105(k) (relating to access to Fed-
eral sources of supply).
‘‘(7) Section 105(l) (relating to lease of facility
used for administration and delivery of services).
453
‘‘(8) Section 106(e) (relating to limitation on
remedies relating to cost allowances).
‘‘(9) Section 106(i) (relating to use of funds for
matching or cost participation requirements).
‘‘(10) Section 106(j) (relating to allowable uses
of funds).
‘‘(11) Section 108(c) (Model Agreements provi-
sions (1)(a)(5) (relating to limitations of costs),
(1)(a)(7) (relating to records and monitoring),
(1)(a)(8) (relating to property), and (a)(1)(9) (relat-
ing to availability of funds).
‘‘(12) Section 109 (relating to reassumption).
‘‘(13) Section 111 (relating to sovereign immu-
nity and trusteeship rights unaffected).
‘‘(b) ELECTION
FOR GRANT
IN LIEU
OF CON-
TRACT.—
‘‘(1) IN GENERAL.—Contractors for activities to
which this part applies who have entered into a con-
tract under the Indian Self-Determination and Edu-
cation Assistance Act that is in effect upon the date
of the enactment of the Student Results Act of 1999
may, by giving notice to the Secretary, elect to have
the provisions of this part apply to such activity in
lieu of such contract.
454
‘‘(2) EFFECTIVE
DATE
OF
ELECTION.—Any
election made under paragraph (1) shall take effect
on the later of—
‘‘(A) October 1 of the fiscal year suc-
ceeding the fiscal year in which such election is
made; or
‘‘(B) 60 days after the date of such elec-
tion.
‘‘(3) EXCEPTION.—In any case in which the 60-
day period referred to in paragraph (2)(B) is less
than 60 days before the beginning of the succeeding
fiscal year, such election shall not take effect until
the fiscal year after the fiscal year succeeding the
election.
‘‘(c) NO DUPLICATION.—No funds may be provided
under any contract entered into under the Indian Self-De-
termination and Education Assistance Act to pay any ex-
penses incurred in providing any program or services if
a grant has been made under this part to pay such ex-
penses.
‘‘(d) TRANSFERS AND CARRYOVERS.—
‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATE-
RIALS.—A tribe or tribal organization assuming the
operation of—
456
ment to such grant, and any dispute involving an adminis-
trative cost grant under section 1128 of the Education
Amendments of 1978 shall be administered under the pro-
visions governing such exceptions, problems, or disputes
in the case of contracts under the Indian Self-Determina-
tion and Education Assistance Act of 1975. The Equal
Access to Justice Act shall apply to administrative appeals
filed after September 8, 1988, by grantees regarding a
grant under this part, including an administrative cost
grant.
‘‘SEC. 5210. ROLE OF THE DIRECTOR.
‘‘Applications for grants under this part, and all ap-
plication modifications, shall be reviewed and approved by
personnel under the direction and control of the Director
of the Office of Indian Education Programs. Required re-
ports shall be submitted to education personnel under the
direction and control of the Director of such Office.
‘‘SEC. 5211. REGULATIONS.
‘‘The Secretary is authorized to issue regulations re-
lating to the discharge of duties specifically assigned to
the Secretary by this part. In all other matters relating
to the details of planning, development, implementing, and
evaluating grants under this part, the Secretary shall not
issue regulations. Regulations issued pursuant to this part
457
shall not have the standing of a Federal statute for the
purposes of judicial review.
‘‘SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL
ENDOWMENT PROGRAM.
‘‘(a) IN GENERAL.—
‘‘(1) Each school receiving grants under this
part may establish, at a Federally insured banking
and savings institution, a trust fund for the pur-
poses of this section.
‘‘(2) The school may provide—
‘‘(A) for the deposit into the trust fund,
only funds from non-Federal sources, except
that the interest on funds received from grants
under this part may be used for this purpose;
‘‘(B) for the deposit in the account of any
earnings on funds deposited in the account; and
‘‘(C) for the sole use of the school any
noncash, in-kind contributions of real or per-
sonal property, such property may at any time
be converted to cash.
‘‘(b) INTEREST.—Interest from the fund established
under subsection (a) may periodically be withdrawn and
used, at the discretion of the school, to defray any ex-
penses associated with the operation of the school.
458
‘‘SEC. 5213. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) BUREAU.—The term ‘Bureau’ means the
Bureau of Indian Affairs of the Department of the
Interior.
‘‘(2) ELIGIBLE
INDIAN
STUDENT.—The term
‘eligible Indian student’ has the meaning of such
term in section 1127(f) of the Education Amend-
ments of 1978.
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including Alaska Native
Village or regional corporations (as defined in or es-
tablished pursuant to the Alaskan Native Claims
Settlement Act, which is recognized as eligible for
the special programs and services provided by the
United States to Indians because of their status as
Indians.
‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term
a ‘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 such combination of school
459
districts or counties as are recognized in a State as
an administrative agency for its public elementary or
secondary schools. Such term includes any other
public institution or agency having administrative
control and direction of a public elementary or sec-
ondary school.
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of the Interior.
‘‘(6) TRIBAL
ORGANIZATION.—(A) The term
‘tribal organization’ means—
‘‘(i) the recognized governing body of any
Indian tribe; or
‘‘(ii) any legally established organization of
Indians which—
‘‘(I) is controlled, sanctioned, or char-
tered by such governing body or is demo-
cratically elected by the adult members of
the Indian community to be served by such
organization; and
‘‘(II) includes the maximum participa-
tion of Indians in all phases of its activi-
ties.
‘‘(B) In any case in which a grant is provided
under this part to an organization to provide serv-
ices benefiting more than one Indian tribe, the ap-
460
proval of the governing bodies of Indian tribes rep-
resenting 80 percent of those students attending the
tribally controlled school shall be considered a suffi-
cient tribal authorization for such grant.
‘‘(7) TRIBALLY
CONTROLLED
SCHOOL.—The
term ‘tribally controlled school’ means a school oper-
ated by a tribe or a tribal organization, enrolling
students in kindergarten through grade 12, includ-
ing preschools, which is not a local educational agen-
cy and which is not directly administered by the Bu-
reau of Indian Affairs.’’.
TITLE V—GIFTED AND
TALENTED CHILDREN
SEC. 501. AMENDMENT TO ESEA RELATING TO GIFTED AND
TALENTED CHILDREN.
Part B of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8031 et seq.) is amend-
ed to read as follows:
‘‘PART B—GIFTED AND TALENTED CHILDREN
‘‘SEC. 10201. SHORT TITLE.
‘‘This part may be cited as the ‘Jacob K. Javits Gift-
ed and Talented Students Education Act of 1999’.
‘‘SEC. 10202. FINDINGS.
‘‘The Congress finds the following:
461
‘‘(1) While the families or communities of some
gifted students can provide private programs with
appropriately trained staff to supplement public edu-
cational offerings, most high-ability students, espe-
cially those from inner cities, rural communities, or
low-income families, must rely on the services and
personnel provided by public schools. Therefore, gift-
ed education programs, provided by qualified profes-
sionals in the public schools, are needed to provide
equal educational opportunities.
‘‘(2) Due to the wide dispersal of students who
are gifted and talented and the national interest in
a well-educated populace, the Federal Government
can most effectively and appropriately conduct sci-
entifically based research and development to pro-
vide an infrastructure and to ensure that there is a
national capacity to educate students who are gifted
and talented to meet the needs of the 21st century.
‘‘(3) State and local educational agencies often
lack the specialized resources and trained personnel
to consistently plan and implement effective pro-
grams for the identification of gifted and talented
students and for the provision of educational services
and programs appropriate for their needs.
462
‘‘(4) Because gifted and talented students gen-
erally are more advanced academically, are able to
learn more quickly, and study in more depth and
complexity than others their age, their educational
needs require opportunities and experiences that are
different from those generally available in regular
education programs.
‘‘(5) Typical elementary school students who
are academically gifted and talented already have
mastered 35 to 50 percent of the school year’s con-
tent in several subject areas before the year begins.
Without an advanced and challenging curriculum,
they often lose their motivation and develop poor
study habits that are difficult to break.
‘‘(6) Elementary and secondary teachers have
students in their classrooms with a wide variety of
traits, characteristics, and needs. Most teachers re-
ceive some training to meet the needs of these stu-
dents, such as students with limited English pro-
ficiency, students with disabilities, and students
from diverse cultural and racial backgrounds. How-
ever, most teachers do not receive training on meet-
ing the needs of students who are gifted and tal-
ented.
463
‘‘SEC. 10203. CONDITIONS ON EFFECTIVENESS OF SUB-
PARTS 1 AND 2.
‘‘(a) SUBPART 1.—Subpart 1 shall be in effect only
for a fiscal year for which subpart 2 is not in effect.
‘‘(b) SUBPART 2.—
‘‘(1) IN GENERAL.—Subpart 2 shall be in effect
only for—
‘‘(A) the first fiscal year for which the
amount appropriated to carry out this part
equals or exceeds $50,000,000; and
‘‘(B) all succeeding fiscal years.
‘‘(2) CONTINUATION
OF
AWARDS.—Notwith-
standing any other provision of this part, a State re-
ceiving a grant under subpart 2—
‘‘(A) shall give special consideration to a
request for the continuation of an award within
the State, made by any public or private agen-
cy, institution, or organization that was award-
ed a grant or contract under subpart 1 for a
fiscal year for which such subpart was in effect;
and
‘‘(B) may use funds received under such
grant for the purpose of permitting the agency,
institution, or organization to continue to re-
ceive funds in accordance with the terms of
464
such award until the date on which the award
period terminates under such terms.
‘‘Subpart 1—Discretionary Grant Program
‘‘SEC. 10211. PURPOSE.
‘‘The purpose of this subpart is to initiate a coordi-
nated program of scientifically based research, demonstra-
tion projects, innovative strategies, and similar activities
designed to build a nationwide capability in elementary
and secondary schools to meet the special educational
needs of gifted and talented students.
‘‘SEC. 10212. GRANTS TO MEET EDUCATIONAL NEEDS OF
GIFTED AND TALENTED STUDENTS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN GENERAL.—Subject to section 10203,
from the sums available to carry out this subpart in
any fiscal year, the Secretary (after consultation
with experts in the field of the education of gifted
and talented students) shall make grants to, or enter
into contracts with, State educational agencies, local
educational agencies, institutions of higher edu-
cation, other public agencies, and other private agen-
cies and organizations (including Indian tribes and
Indian organizations (as such terms are defined in
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) and Native
465
Hawaiian organizations) to assist such agencies, in-
stitutions, and organizations in carrying out pro-
grams or projects authorized by this subpart that
are designed to meet the educational needs of gifted
and talented students, including the training of per-
sonnel in the education of gifted and talented stu-
dents and in the use, where appropriate, of gifted
and talented services, materials, and methods for all
students.
‘‘(2) APPLICATION.—Each entity desiring as-
sistance under this subpart shall submit an applica-
tion to the Secretary at such time, in such manner,
and containing such information as the Secretary
may reasonably require. Each such application shall
describe how—
‘‘(A) the proposed gifted and talented serv-
ices, materials, and methods can be adapted, if
appropriate, for use by all students; and
‘‘(B) the proposed programs can be evalu-
ated.
‘‘(b) USES OF FUNDS.—Programs and projects as-
sisted under this subpart may include the following:
‘‘(1) Carrying out—
‘‘(A) scientifically based research on meth-
ods and techniques for identifying and teaching
466
gifted and talented students, and for using gift-
ed and talented programs and methods to serve
all students; and
‘‘(B) program evaluations, surveys, and the
collection, analysis, and development of infor-
mation needed to accomplish the purpose of this
subpart.
‘‘(2) Professional development (including fellow-
ships) for personnel (including leadership personnel)
involved in the education of gifted and talented stu-
dents.
‘‘(3) Establishment and operation of model
projects and exemplary programs for serving gifted
and talented students, including innovative methods
for identifying and educating students who may not
be served by traditional gifted and talented pro-
grams, including summer programs, mentoring pro-
grams, service learning programs, and cooperative
programs involving business, industry, and edu-
cation.
‘‘(4) Implementing innovative strategies, such
as cooperative learning, peer tutoring and service
learning.
‘‘(5) Programs of technical assistance and in-
formation dissemination, including assistance and
467
information with respect to how gifted and talented
programs and methods, where appropriate, may be
adapted for use by all students.
‘‘(c) COORDINATION.—Scientifically based research
activities supported under this subpart—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to ensure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by such Office; and
‘‘(2) may include collaborative scientifically
based research activities which are jointly funded
and carried out with such Office.
‘‘SEC. 10213. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In the administration of
this subpart, the Secretary shall give highest priority to
programs and projects designed to develop new informa-
tion that—
‘‘(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
‘‘(2) assists schools in the identification of, and
provision of services to, gifted and talented students
who may not be identified and served through tradi-
tional assessment methods (including economically
468
disadvantaged individuals, individuals of limited
English proficiency, and individuals with disabil-
ities).
‘‘(b) SERVICE PRIORITY.—In approving applications
for assistance under section 10212(a)(2), the Secretary
shall ensure that in each fiscal year at least one-half of
the applications approved under such section address the
priority described in subsection (a)(2).
‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
CIES FOR AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—For fiscal year 2001 and
succeeding fiscal years, the Secretary shall ensure
that a percentage of the excess amount described in
paragraph (2) is used to increase (in proportion to
any increases in such excess amounts) the number
and size of the grants under this subpart to State
educational agencies to begin implementing activities
described in section 10222(b) through competitive
subgrants to local educational agencies.
‘‘(2) EXCESS AMOUNT.—For purposes of para-
graph (1), the excess amount described in this para-
graph is, for fiscal year 2001 and succeeding fiscal
years, the amount (if any) by which the funds ap-
propriated to carry out this subpart for the year ex-
ceed such funds for fiscal year 2000.
469
‘‘SEC. 10214. GENERAL PROVISIONS FOR SUBPART.
‘‘(a) REVIEW, DISSEMINATION, AND EVALUATION.—
The Secretary—
‘‘(1) shall use a peer review process in review-
ing applications under this subpart;
‘‘(2) shall ensure that information on the activi-
ties and results of programs and projects funded
under this subpart is disseminated to appropriate
State and local educational agencies and other ap-
propriate organizations, including nonprofit private
organizations; and
‘‘(3) shall evaluate the effectiveness of pro-
grams under this subpart in accordance with section
14701, both in terms of the impact on students tra-
ditionally served in separate gifted and talented pro-
grams and on other students, and submit the results
of such evaluation to the Congress not later than 2
years after the date of the enactment of the Student
Results Act of 1999.
‘‘(b) PROGRAM OPERATIONS.—The Secretary shall
ensure that the programs under this subpart are adminis-
tered within the Department by a person who has recog-
nized professional qualifications and experience in the field
of the education of gifted and talented students and who—
‘‘(1) shall administer and coordinate the programs
authorized under this subpart;
470
‘‘(2) shall serve as a focal point of national
leadership and information on the educational needs
of gifted and talented students and the availability
of educational services and programs designed to
meet such needs; and
‘‘(3) shall assist the Assistant Secretary of the
Office of Educational Research and Improvement in
identifying research priorities which reflect the needs
of gifted and talented students.
‘‘Subpart 2—Formula Grant Program
‘‘SEC. 10221. PURPOSE.
‘‘The purpose of this subpart is to provide grants to
States to support programs, teacher preparation, and
other services designed to meet the needs of the Nation’s
gifted and talented students in elementary and secondary
schools.
‘‘SEC. 10222. ESTABLISHMENT OF PROGRAM; USE OF
FUNDS.
‘‘(a) IN GENERAL.—In the case of each State that
in accordance with section 10224 submits to the Secretary
an application for a fiscal year, subject to section 10203,
the Secretary shall make a grant for the year to the State
for the uses specified in subsection (b). The grant shall
consist of the allotment determined for the State under
section 10223.
471
‘‘(b) AUTHORIZED ACTIVITIES.—Each State receiv-
ing a grant under this subpart shall use the funds pro-
vided under the grant to assist local educational agencies
to develop or expand gifted and talented education pro-
grams through one or more of the following activities:
‘‘(1) Development and implementation of pro-
grams to address State and local needs for in-service
training programs for general educators, specialists
in gifted and talented education, administrators, or
other personnel at the elementary and secondary lev-
els.
‘‘(2) Making materials and services available
through State regional educational service centers,
institutions of higher education, or other entities.
‘‘(3) Supporting innovative approaches and cur-
ricula used by local educational agencies (or con-
sortia of such agencies) or schools or (consortia of
schools).
‘‘(4) Providing funds for challenging, high-level
course work, disseminated through new and emerg-
ing technologies (including distance learning), for in-
dividual students or groups of students in schools
and local educational agencies that do not have the
resources otherwise to provide such course work.
472
‘‘(c) COMPETITIVE PROCESS.—A State receiving a
grant under this subpart shall distribute at least 95 per-
cent of the amount of the grant to local educational agen-
cies through a competitive process that results in an equi-
table distribution by geographic area within the State.
‘‘(d) LIMITATIONS ON USE OF FUNDS.—
‘‘(1) COURSE
WORK
PROVIDED
THROUGH
EMERGING
TECHNOLOGIES.—Activities under sub-
section (b)(4) may include development of cur-
riculum packages, compensation of distance-learning
educators, or other relevant activities, but funds pro-
vided under this subpart may not be used for the
purchase or upgrading of technological hardware.
‘‘(2) ADMINISTRATIVE COSTS.—A State receiv-
ing a grant under this subpart may use not more
than 5 percent of the amount of the grant for State
administrative costs.
‘‘SEC. 10223. ALLOTMENTS TO STATES.
‘‘(a) RESERVATION OF FUNDS.—From the amount
made available to carry out this subpart for any fiscal
year, the Secretary shall reserve 1⁄2 of 1 percent for the
Secretary of the Interior for programs under this subpart
for teachers, other staff, and administrators in schools op-
erated or funded by the Bureau of Indian Affairs.
‘‘(b) STATE ALLOTMENTS.—
473
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall allot the total amount
made available to carry out this subpart for any fis-
cal year and not reserved under subsection (a) to the
50 States, the District of Columbia, and the Com-
monwealth of Puerto Rico on the basis of their rel-
ative populations of individuals aged 5 through 17,
as determined by the Secretary on the basis of the
most recent satisfactory data.
‘‘(2) MINIMUM GRANT AMOUNT.—No State re-
ceiving an allotment under paragraph (1) may re-
ceive less than 1⁄4 of 1 percent of the total amount
allotted under such paragraph.
‘‘(c) REALLOTMENT.—If any State does not apply for
an allotment under this section for any fiscal year, the
Secretary shall reallot such amount to the remaining
States in accordance with this section.
‘‘SEC. 10224. APPLICATION.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably
require.
‘‘(b) CONTENTS.—Each application under this sec-
tion shall include assurances that—
474
‘‘(1) funds received under this subpart will be
used to support gifted and talented students in pub-
lic schools and public charter schools, including stu-
dents from all economic, ethnic, and racial back-
grounds, students of limited English proficiency, stu-
dents with disabilities, and highly gifted students;
‘‘(2) not less than 95 percent of the amount of
the funds provided under the grant shall be used for
the purpose of making, in accordance with this sub-
part and on a competitive basis, subgrants to local
educational agencies;
‘‘(3) funds received under this subpart shall be
used only to supplement, but not supplant, the
amount of State and local funds expended for spe-
cialized education and related services provided for
the education of gifted and talented students; and
‘‘(4) the State shall develop procedures to
evaluate program effectiveness.
‘‘(c) APPROVAL.—To the extent funds are made
available for this subpart, the Secretary shall approve an
application of a State if such application meets the re-
quirements of this section.
‘‘SEC. 10225. ANNUAL REPORTING.
‘‘Beginning 1 year after the date of the enactment
of the Student Results Act of 1999, a State receiving a
475
grant under this subpart shall submit an annual report
to the Secretary that describes the number of students
served and the activities supported with funds provided
under this subpart. The report shall include a description
of the measures taken to comply with paragraphs (1) and
(4) of section 10224(b). To the extent practicable and oth-
erwise authorized by law, this report shall be submitted
as part of any consolidated State performance report for
State formula grant programs under this Act.
‘‘Subpart 3—National Center for Research and Devel-
opment in the Education of Gifted and Talented
Children and Youth
‘‘SEC. 10231. CENTER FOR RESEARCH AND DEVELOPMENT.
‘‘(a) IN GENERAL.—The Secretary (after consulta-
tion with experts in the field of the education of gifted
and talented students) shall establish a National Center
for Research and Development in the Education of Gifted
and Talented Children and Youth through grants to or
contracts with one or more institutions of higher education
or State educational agencies, or a combination or consor-
tium of such institutions and agencies and other public
or private agencies and organizations, for the purpose of
carrying out activities described in section 10212(b)(1).
‘‘(b) DIRECTOR.—Such National Center shall have a
Director. The Secretary may authorize the Director to
476
carry out such functions of the National Center as may
be agreed upon through arrangements with institutions of
higher education, State or local educational agencies, or
other public or private agencies and organizations.
‘‘(c) COORDINATION.—Scientifically based research
activities supported under this subpart—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to ensure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by such Office; and
‘‘(2) may include collaborative scientifically
based research activities which are jointly funded
and carried out with such Office.
‘‘Subpart 4—General Provisions
‘‘SEC. 10241. CONSTRUCTION.
‘‘Nothing in this part shall be construed to prohibit
a recipient of funds under this part from serving gifted
and talented students simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
‘‘SEC. 10242. PARTICIPATION OF PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘In making grants and entering into contracts under
this part, the Secretary shall ensure, where appropriate,
477
that provision is made for the equitable participation of
students and teachers in private nonprofit elementary and
secondary schools, including the participation of teachers
and other personnel in professional development programs
serving such children.
‘‘SEC. 10243. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) The term ‘scientifically based research’—
‘‘(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to the education of
gifted and talented children; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or ex-
periment;
‘‘(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;
and
478
‘‘(iv) 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.
‘‘(2) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
‘‘SEC. 10244. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SUBPART 1 OR 2.—Subject to section 10203,
there are authorized to be appropriated $10,000,000 to
carry out subpart 1 or 2 for fiscal year 2000 and such
sums as may be necessary for each of fiscal years 2001
through 2004.
‘‘(b) SUBPART 3.—There are authorized to be appro-
priated to carry out subpart 3 $1,950,000 for each of fis-
cal years 2000 through 2004.’’.
TITLE VI—RURAL EDUCATION
ASSISTANCE
SEC. 601. RURAL EDUCATION.
Part J of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8271 et seq.) is amend-
ed to read as follows:
479
‘‘PART J—RURAL EDUCATION INITIATIVE
‘‘SEC. 10951. SHORT TITLE.
‘‘This part may be cited as the ‘Rural Education Ini-
tiative Act of 1999’.
‘‘SEC. 10952. FINDINGS.
‘‘Congress finds the following:
‘‘(1) The National Center for Educational Sta-
tistics reports that 46 percent of our Nation’s public
schools serve rural areas.
‘‘(2) While there are rural education initiatives
identified at the State and local level, no Federal
education policy focuses on the specific and unique
needs of rural school districts and schools.
‘‘(3) Small school districts often cannot use
Federal grant funds distributed by formula because
the formula allocation does not provide enough rev-
enue to carry out the program the grant is intended
to fund.
‘‘(4) Rural schools often cannot compete for
Federal funding distributed by competitive grants
because the schools lack the personnel needed to
prepare grant applications and the resources to hire
specialists in the writing of Federal grant proposals.
‘‘(5) A critical problem for rural school districts
involves the hiring and retention of qualified admin-
istrators and certified teachers (especially in read-
480
ing, science, and mathematics). As a result, teachers
in rural schools are almost twice as likely to provide
instruction in three or more subject areas than
teachers in urban schools. Rural schools also face
other tough challenges, such as shrinking local tax
bases, high transportation costs, aging buildings,
limited course offerings, and limited resources.
‘‘Subpart 1—Small and Rural School Program
‘‘SEC. 10961. FORMULA GRANT PROGRAM AUTHORIZED.
‘‘(a) ALTERNATIVE USES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, an eligible local educational agency
may use the applicable funding, that the agency is
eligible to receive from the State educational agency
for a fiscal year, to support local or statewide edu-
cation reform efforts intended to improve the aca-
demic achievement of elementary school and sec-
ondary school students and the quality of instruction
provided for the students.
‘‘(2) NOTIFICATION.—An eligible local edu-
cational agency shall notify the State educational
agency of the local educational agency’s intention to
use the applicable funding in accordance with para-
graph (1) not later than a date that is established
by the State educational agency for the notification.
481
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A local educational agency
shall be eligible to use the applicable funding in ac-
cordance with subsection (a) if—
‘‘(A)(i) the total number of students in av-
erage daily attendance at all of the schools
served by the local educational agency is less
than 600; and
‘‘(ii) all of the schools served by the local
educational agency are located in a community
with a Rural-Urban Continuum Code of 6, 7, 8,
or 9, as determined by the Secretary of Agri-
culture; or
‘‘(B) the agency meets the criteria established
in subparagraph (A)(i) and the Secretary, in accord-
ance with paragraph (2), grants the local edu-
cational agency’s request to waive the criteria de-
scribed in subparagraph (A)(ii).
‘‘(2) CERTIFICATION.—The Secretary shall de-
termine whether or not to waive the criteria de-
scribed in paragraph (1)(A)(ii) based on certification
provided by the local educational agency, or the
State educational agency on behalf of the local edu-
cational agency, that the local educational agency is
482
located in an area defined as rural by a govern-
mental agency of the State.
‘‘(c) APPLICABLE FUNDING.—In this section, the
term ‘applicable funding’ means funds provided under
each of titles II, IV, VI, parts A and C of title VII, and
part I of title X.
‘‘(d) DISBURSAL.—Each State educational agency
that receives applicable funding for a fiscal year shall dis-
burse the applicable funding to local educational agencies
for alternative uses under this section for the fiscal year
at the same time that the State educational agency dis-
burses the applicable funding to local educational agencies
that do not intend to use the applicable funding for such
alternative uses for the fiscal year.
‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds used
under this section shall be used to supplement and not
supplant any other Federal, State, or local education
funds that would otherwise be available for the purpose
of this subpart.
‘‘(f) SPECIAL RULE.—References in Federal law to
funds for the provisions of law set forth in subsection (c)
may be considered to be references to funds for this sec-
tion.
483
‘‘SEC. 10962. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to eligible local educational agencies to en-
able the local educational agencies to support local or
statewide education reform efforts intended to improve the
academic achievement of elementary school and secondary
school students and the quality of instruction provided for
the students.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A local educational agency
shall be eligible to receive a grant under this section
if—
‘‘(A)(i) the total number of students in av-
erage daily attendance at all of the schools
served by the local educational agency is less
than 600; and
‘‘(ii) all of the schools served by the local
educational agency are located in a community
with a Rural-Urban Continuum Code of 6, 7, 8,
or 9, as determined by the Secretary of Agri-
culture; or
‘‘(B) the agency meets the criteria estab-
lished in subparagraph (A)(i) and the Sec-
retary, in accordance with paragraph (2),
grants the local educational agency’s request to
484
waive the criteria described in subparagraph
(A)(ii).
‘‘(2) CERTIFICATION.—The Secretary shall de-
termine whether or not to waive the criteria de-
scribed in paragraph (1)(A)(ii) based on certification
provided by the local educational agency, or the
State educational agency on behalf of the local edu-
cational agency, that the local educational agency is
located in an area defined as rural by a govern-
mental agency of the State.
‘‘(c) ALLOCATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall award a grant to an
eligible local educational agency for a fiscal year in
an amount equal to the initial amount determined
under paragraph (2) for the fiscal year minus the
total amount received under the provisions of law
described under section 10961(c) for the preceding
fiscal year.
‘‘(2) 
DETERMINATION
OF
THE
INITIAL
AMOUNT.—The initial amount referred to in para-
graph (1) is equal to $100 multiplied by the total
number of students, over 50 students, in average
daily attendance in such eligible agency plus
485
$20,000, except that the initial amount may not ex-
ceed $60,000.
‘‘(3) RATABLE ADJUSTMENT.—
‘‘(A) IN GENERAL.—If the amount made
available for this subpart for any fiscal year is
not sufficient to pay in full the amounts that
local educational agencies are eligible to receive
under paragraph (1) for such year, the Sec-
retary shall ratably reduce such amounts for
such year.
‘‘(B) ADDITIONAL
AMOUNTS.—If addi-
tional funds become available for making pay-
ments under paragraph (1) for such fiscal year,
payments that were reduced under subpara-
graph (A) shall be increased on the same basis
as such payments were reduced.
‘‘(5) CENSUS DETERMINATION.—
‘‘(A) IN GENERAL.—Each local educational
agency desiring a grant under this section shall
conduct a census not later than December 1 of
each year to determine the number of kinder-
garten through grade 12 students in average
daily attendance at the schools served by the
local educational agency.
486
‘‘(B) SUBMISSION.—Each local educational
agency shall submit the number described in
subparagraph (A) to the Secretary not later
than March 1 of each year.
‘‘(d) DISBURSAL.—The Secretary shall disburse the
funds awarded to a local educational agency under this
section for a fiscal year not later than July 1 of that year.
‘‘(e) SPECIAL RULE.—A local educational agency
that is eligible to receive a grant under this subpart for
a fiscal year shall be ineligible to receive funds for such
fiscal year under subpart 2.
‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made
available under this section shall be used to supplement
and not supplant any other Federal, State or local edu-
cation funds.
‘‘SEC. 10963. ACCOUNTABILITY.
‘‘(a) ACADEMIC ACHIEVEMENT.—
‘‘(1) IN
GENERAL.—Each local educational
agency that uses or receives funds under section
10961 or 10962 for a fiscal year shall administer an
assessment consistent with section 1111 of title I.
‘‘(2) SPECIAL
RULE.—Each local educational
agency that uses or receives funds under section
10961 or 10962 shall use the same assessment de-
487
scribed in paragraph (1) for each year of participa-
tion in the program under such section.
‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION
REGARDING CONTINUING PARTICIPATION.—Each State
educational agency that receives funding under the provi-
sions of law described in section 10961(c) shall—
‘‘(1) after the second year that a local edu-
cational agency participates in a program under sec-
tion 10961 or 10962 and on the basis of the results
of the assessments described in subsection (a), deter-
mine whether the students served by the local edu-
cational agency participating in the program per-
formed in accordance with section 1111 of title I;
and
‘‘(2) only permit those local educational agen-
cies that so participated and met the requirements
of section 1111(b)(2) of title I to continue to so par-
ticipate.
‘‘Subpart 2—Low-Income And Rural School Program
‘‘SEC. 10971. PROGRAM AUTHORIZED.
‘‘(a) RESERVATIONS.—From amounts appropriated
under section 10982 for this subpart for a fiscal year, the
Secretary shall reserve 1⁄2 of 1 percent to make awards
to elementary or secondary schools operated or supported
488
by the Bureau of Indian Affairs to carry out the purpose
of this subpart.
‘‘(b) GRANTS TO STATES.—
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 10982 for this subpart that
are not reserved under subsection (a), the Secretary
shall award grants for a fiscal year to State edu-
cational agencies that have applications approved
under section 10973 to enable the State educational
agencies to award subgrants to eligible local edu-
cational agencies for local authorized activities de-
scribed in subsection (c)(2).
‘‘(2) 
ALLOCATION.—From 
amounts 
appro-
priated for this subpart, the Secretary shall allocate
to each State educational agency for a fiscal year an
amount that bears the same ratio to the amount of
funds appropriated under section 10982 for this
subpart that are not reserved under subsection (a)
as the number of students in average daily attend-
ance served by eligible local educational agencies in
the State bears to the number of all such students
served by eligible local educational agencies in all
States for that fiscal year.
‘‘(3) DIRECT
AWARDS
TO
SPECIALLY
QUALI-
FIED AGENCIES.—
489
‘‘(A) NONPARTICIPATING
STATE.—If a
State educational agency elects not to partici-
pate in the program under this subpart or does
not have an application approved under section
10973 a specially qualified agency in such State
desiring a grant under this subpart shall apply
directly to the Secretary to receive an award
under this subpart.
‘‘(B) DIRECT
AWARDS
TO
SPECIALLY
QUALIFIED
AGENCIES.—The Secretary may
award, on a competitive basis, the amount the
State educational agency is eligible to receive
under paragraph (2) directly to specially quali-
fied agencies in the State.
‘‘(c) LOCAL AWARDS.—
‘‘(1) ELIGIBILITY.—A local educational agency
shall be eligible to receive funds under this subpart
if—
‘‘(A) 20 percent or more of the children
aged 5 to 17, inclusive, served by the local edu-
cational agency are from families with incomes
below the poverty line; and
‘‘(B) all of the schools served by the agen-
cy are located in a community with a Rural-
490
Urban Continuum Code of 6, 7, 8, or 9, as de-
termined by the Secretary of Agriculture.
‘‘(2) USES OF FUNDS.—Grant funds awarded
to local educational agencies or made available to
schools under this subpart shall be used for—
‘‘(1) educational technology, including software
and hardware;
‘‘(2) professional development;
‘‘(3) technical assistance;
‘‘(4) teacher recruitment and retention;
‘‘(5) parental involvement activities; or
‘‘(6) academic enrichment programs.
‘‘SEC. 10972. STATE DISTRIBUTION OF FUNDS.
‘‘(a) AWARD BASIS.—A State educational agency
shall award grants to eligible local educational agencies—
‘‘(1) on a competitive basis; or
‘‘(2) according to a formula based on the num-
ber of students in average daily attendance served
by the eligible local educational agencies or schools
(as appropriate) in the State, as determined by the
State.
‘‘(b) ADMINISTRATIVE COSTS.—A State educational
agency receiving a grant under this subpart may not use
more than 5 percent of the amount of the grant for State
administrative costs.
491
‘‘SEC. 10973. APPLICATIONS.
‘‘Each State educational agency and specially quali-
fied agency desiring to receive a grant under this subpart
shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as
the Secretary may require. Such application shall include
specific measurable goals and objectives to be achieved
which may include specific educational goals and objec-
tives relating to increased student academic achievement,
decreased student drop-out rates, or such other factors
that the State educational agency or specially qualified
agency may choose to measure.
‘‘SEC. 10974. REPORTS.
‘‘(a) STATE
REPORTS.—Each State educational
agency that receives a grant under this subpart shall pro-
vide an annual report to the Secretary. The report shall
describe—
‘‘(1) the method the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to schools under
this subpart;
‘‘(2) how local educational agencies and schools
used funds provided under this subpart; and
‘‘(3) the degree to which progress has been
made toward meeting the goals and objectives de-
492
scribed in the application submitted under section
10973.
‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—
Each specially qualified agency that receives a grant under
this subpart shall provide an annual report to the Sec-
retary. Such report shall describe—
‘‘(1) how such agency uses funds provided
under this subpart; and
‘‘(2) the degree to which progress has been
made toward meeting the goals and objectives de-
scribed in the application submitted under section
10971(b)(4)(A).
‘‘(c) REPORT TO CONGRESS.—The Secretary shall
prepare and submit to the Committee on Education and
the Workforce for the House of Representatives and the
Committee on Health, Education, Labor, and Pensions for
the Senate an annual report. The report shall describe—
‘‘(1) the methods the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to schools under
this subpart;
‘‘(2) how eligible local educational agencies and
schools used funds provided under this subpart; and
‘‘(3) progress made in meeting specific measur-
able educational goals and objectives.
493
‘‘SEC. 10975. DEFINITIONS.
‘‘For the purposes of this subpart—
‘‘(1) The term ‘poverty line’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of
the size involved.
‘‘(2) The term ‘specially qualified agency’
means an eligible local educational agency, located in
a State that does not participate in a program under
this subpart in a fiscal year, that may apply directly
to the Secretary for a grant in such year in accord-
ance with section 10971(b)(4).
‘‘Subpart 3—General Provisions
‘‘SEC. 10981. DEFINITION.
‘‘For the purposes of this part, the term ‘State’
means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.
‘‘SEC. 10982. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $125,000,000 for fiscal year 2000 and such sums
as may be necessary for each of four succeeding fiscal
years to be distributed equally between subparts 1 and
2.’’.
494
TITLE 
VII—MCKINNEY 
HOME-
LESS EDUCATION IMPROVE-
MENTS ACT OF 1999
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Stewart B. McKinney
Homeless Education Assistance Improvements Act of
1999’’.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) An estimated 1,000,000 children in the
United States will experience homelessness this year.
(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
delayed development; and are twice as likely to re-
peat a grade.
(3) Despite steady progress in school enroll-
ment and attendance resulting from the passage in
1987 of the Stewart B. McKinney Homeless Assist-
ance Act, homeless students still face numerous bar-
riers to education, including residency, guardianship
and registration requirements, as well as delays in
the transfer of school records, and inadequate trans-
portation service.
495
(4) School is one of the few secure factors in
the lives of homeless children and youth, providing
stability, structure, and accomplishment during a
time of great upheaval.
(5) Homeless children and youth need to re-
main in school so that they acquire the skills nec-
essary to escape poverty and lead productive, healthy
lives as adults.
(6) In the 12 years since the passage of the
McKinney Act, educators and service providers have
learned much about policies and practices which help
remove the barriers described.
SEC. 703. PURPOSE.
The purpose of this title is to strengthen subtitle B
of title VII of the Stewart B. McKinney Homeless Assist-
ance Act (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 such individuals receive
a quality education and secure their chance for a
brighter future.
496
SEC. 704. EDUCATION FOR HOMELESS CHILDREN AND
YOUTH.
Subtitle B of title VII of the Stewart B. McKinney
Homeless Education Assistance Act (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 Congress that—
‘‘(1) each State educational agency ensure that
each child of a homeless individual and each home-
less youth has equal access to the same free, public
education, 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
compulsory school attendance laws or other laws,
regulations, practices, or policies that may act as a
barrier to the enrollment, attendance, or success in
school of homeless children and youth, the State re-
view and undertake steps to revise such laws, regula-
tions, practices, or policies to ensure that homeless
children and youth are afforded the same free, pub-
lic education as provided to other children and
youth;
497
‘‘(3) homelessness alone is not sufficient reason
to separate students from the mainstream school en-
vironment; and
‘‘(4) homeless children and youth should have
access to the education and other services that such
children and youth need to ensure that such children
and youth have an opportunity to meet the same
challenging State student performance standards 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 au-
thorized to make grants to States in accordance with the
provisions 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
submits an application to the Secretary at such time, in
such manner, and containing or accompanied by such in-
formation as the Secretary may reasonably require.
‘‘(c) ALLOCATION AND RESERVATIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2)
and section 724(c), from the amounts appropriated
498
for each fiscal year under section 726, the Secretary
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 Sec-
ondary Education Act of 1965 to the State for that
year bears to the total amount allocated under sec-
tion 1122 to all States for that year, except that no
State shall receive less than $100,000.
‘‘(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 programs for Indian students served by schools
funded by the Secretary of the Interior, as deter-
mined under the Indian Self-Determination and
Education Assistance Act, that are consistent with
the purposes of this Act.
499
‘‘(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 agreement shall set forth the plans of the Sec-
retary of the Interior for the use of the amounts
transferred, including appropriate goals, objectives,
and milestones.
‘‘(3) DEFINITION.—As used in this subsection,
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 sec-
tion 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;
‘‘(3) to establish or designate an Office of Coor-
dinator of Education of Homeless Children and
500
Youth in the State educational agency in accordance
with subsection (f);
‘‘(4) to prepare and carry out the State plan
described 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) IN
GENERAL.—(A) Subject to subpara-
graph (B), if the amount allotted to the State edu-
cational agency for any fiscal year under this sub-
title exceeds the amount such agency received for
fiscal year 1990 under this subtitle, as the subtitle
was then in effect, such agency shall provide grants
to local educational agencies for purposes of section
723.
‘‘(B) The State educational agency may reserve
not more than the greater of 5 percent of the
amount such agency receives under this subtitle for
any fiscal year, or the amount such agency received
under this subtitle, as the subtitle was then in effect,
for fiscal year 1990, to conduct activities under sub-
section (f) directly or through grants or contracts.
501
‘‘(2) SPECIAL RULE.—If the amount allotted to
a State educational agency for any fiscal year under
this subtitle is less than the amount such agency re-
ceived for fiscal year 1990 under this subtitle, such
agency, at such agency’s discretion, may provide
grants to local educational agencies in accordance
with section 723 or may conduct activities under
subsection (f) directly or through grants or con-
tracts.
‘‘(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 or youth’s status as homeless.
‘‘(B) EXCEPTION.—A State that has es-
tablished a separate school for homeless chil-
dren in the fiscal year preceding the date of the
enactment of the Stewart B. McKinney Home-
less Education Assistance Improvement Act of
502
1999 shall remain eligible to receive funds
under this subtitle for such program.
‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator of Education of Homeless Chil-
dren and Youth established in each State shall—
‘‘(1) gather, to the extent possible, reliable,
valid, and comprehensive information on the nature
and extent of the problems homeless children and
youth have in gaining access to public preschool pro-
grams and to public elementary and secondary
schools, the difficulties in identifying the special
needs of such children and youth, any progress made
by the State educational agency and local edu-
cational agencies in the State in addressing such
problems and difficulties, and the success of the pro-
gram under this subtitle in allowing homeless chil-
dren and youth to enroll in, attend, and succeed in,
school;
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g);
‘‘(3) collect and transmit to the Secretary, in-
formation gathered pursuant to paragraphs (1) and
(2), at such time and in such manner as the Sec-
retary may require;
503
‘‘(4) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless
children and youth, including homeless children and
youth who are preschool age, and families of such
children and youth; and
‘‘(5) in order to improve the provision of com-
prehensive education and related services to home-
less children and youth and their families, coordinate
and collaborate with—
‘‘(A) educators, including child develop-
ment and preschool program personnel;
‘‘(B) providers of services to homeless and
runaway children and youth and homeless fami-
lies (including domestic violence agencies, shel-
ter operators, transitional housing facilities,
runaway and homeless youth centers, and tran-
sitional living programs for homeless youth);
‘‘(C) local educational agency liaisons for
homeless children and youth; and
‘‘(D) community organizations and groups
representing homeless children and youth and
their families.
‘‘(g) STATE PLAN.—
504
‘‘(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 describe how such children and youth are
or will be given the opportunity to meet the same
challenging State student performance standards all
students are expected to meet, shall describe the
procedures the State educational agency will use to
identify such children and youth in the State and to
assess their special needs, and shall—
‘‘(A) describe procedures for the prompt
resolution of disputes regarding the educational
placement of homeless children and youth;
‘‘(B) describe programs for school per-
sonnel (including principals, attendance officers,
teachers, enrollment personnel, and pupil serv-
ices personnel) to heighten the awareness of
such personnel of the specific needs of runaway
and homeless youth;
‘‘(C) describe procedures that ensure that
homeless children and youth who meet the rel-
evant eligibility criteria are able to participate
in Federal, State, or local food programs;
‘‘(D) describe procedures that ensure
that—
505
‘‘(i) homeless children have equal ac-
cess to the same public preschool pro-
grams, administered by the State agency,
as provided to other children; and
‘‘(ii) homeless children and youth who
meet the relevant eligibility criteria are
able to participate in Federal, State, or
local before- and after-school care pro-
grams;
‘‘(E) address problems set forth in the re-
port provided to the Secretary under subsection
(f)(3);
‘‘(F) address other problems with respect
to the education of homeless children and
youth, including problems caused by—
‘‘(i) transportation issues; and
‘‘(ii) enrollment delays that are caused
by—
‘‘(I) immunization requirements;
‘‘(II) residency requirements;
‘‘(III) lack of birth certificates,
school records, or other documenta-
tion; or
‘‘(IV) guardianship issues;
506
‘‘(G) demonstrate that the State edu-
cational agency and local educational agencies
in the State have developed, and shall review
and revise, policies to remove barriers to the en-
rollment and retention of homeless children and
youth in schools in the State; and
‘‘(H) contain assurances that—
‘‘(i) except as provided in subsection
(e)(3)(B), State and local educational
agencies will adopt policies and practices to
ensure that homeless children and youth
are not segregated solely on the basis of
their status as homeless; and
‘‘(ii) designate an appropriate staff
person, who may also be a coordinator for
other Federal programs, as a liaison for
homeless children and youth.
‘‘(2) COMPLIANCE.—Each plan adopted under
this subsection shall also demonstrate how the State
will ensure that local educational agencies in the
State will comply with the requirements of para-
graphs (3) through (9).
‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE-
MENTS.—
507
‘‘(A) IN GENERAL.—Each local educational
agency serving a homeless child or youth as-
sisted under this subtitle shall, according to the
child’s or youth’s best interest, either—
‘‘(i) continue the child’s or youth’s
education in the school of origin—
‘‘(I) for the duration of their
homelessness;
‘‘(II) if the child becomes perma-
nently housed, for the remainder of
the academic year; or
‘‘(III) in any case in which a
family becomes homeless between aca-
demic years, for the following aca-
demic 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 eli-
gible to attend.
‘‘(B) BEST INTEREST.—In determining the
best interest of the child or youth under sub-
paragraph (A), the local educational agency
shall keep, to the extent feasible, a homeless
child or youth in the school of origin, except
508
when doing so is contrary to the wishes of the
child’s or youth’s parent or guardian.
‘‘(C) ENROLLMENT.—(i) A school that a
homeless child seeks to enroll in shall, in ac-
cordance with this paragraph, immediately en-
roll the homeless child or youth even if the child
or youth is unable to produce records normally
required for enrollment, such as previous aca-
demic records, proof of residency, or other doc-
umentation.
‘‘(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
records, the enrolling school shall imme-
diately refer the parent or guardian of the
child or youth to the liaison who shall as-
sist in obtaining necessary immunizations
or immunization records in accordance
with subparagraph (E).
‘‘(D) RECORDS.—Any record ordinarily
kept by the school, including immunization
records, academic records, birth certificates,
509
guardianship records, and evaluations for spe-
cial services or programs, of each homeless
child or youth shall be maintained—
‘‘(i) so that the records are available,
in a timely fashion, when a child or youth
enters a new school district; and
‘‘(ii) in a manner consistent with sec-
tion 444 of the General Education Provi-
sions Act.
‘‘(E) ENROLLMENT DISPUTES.—If there is
a dispute over school selection or enrollment—
‘‘(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 shall be
provided with a written explanation of the
school’s decision regarding enrollment, in-
cluding the right to appeal the decision;
and
‘‘(iii) the parent or guardian shall be
referred to the liaison, who shall carry out
the dispute resolution process as described
in paragraph (6)(D) as expeditiously as
510
possible, after receiving notice of the dis-
pute.
‘‘(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
elsewhere by the parents.
‘‘(G) DEFINITION.—For purposes of this
paragraph, the term ‘‘school of origin’’ means
the school that the child or youth attended
when permanently 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 other students in the school selected according to
the provisions of paragraph (3), including—
‘‘(A) transportation services;
511
‘‘(B) educational services for which the
child or youth meets the eligibility criteria, such
as services provided under title I of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) or similar State or local
programs, educational programs for children
with disabilities, and educational programs for
students with limited-English proficiency;
‘‘(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 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 their families,
including services and programs funded under
the Runaway and Homeless Youth Act. (42
U.S.C. 5701 et seq.).
512
‘‘(B) HOUSING
ASSISTANCE.—If applica-
ble, each State and local educational agency
that receives assistance under this subtitle shall
coordinate with State and local housing agen-
cies responsible for developing the comprehen-
sive housing affordability strategy described in
section 105 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 12705) to
minimize educational disruption for children
and youth who become homeless.
‘‘(C) COORDINATION
PURPOSE.—The co-
ordination required under subparagraphs (A)
and (B) shall be designed to—
‘‘(i) ensure that homeless children and
youth have access to available education
and related support services; and
‘‘(ii) raise the awareness of school
personnel and service providers of the ef-
fects of short-term stays in a shelter and
other challenges associated with homeless
children and youth.
‘‘(6) LIAISON.—
‘‘(A) DUTIES.—Each local liaison for
homeless children and youth, designated pursu-
513
ant to subsection (g)(1)(H)(ii), shall ensure
that—
‘‘(i) homeless children and youth en-
roll in, and have an equal opportunity to
succeed in, schools of that agency;
‘‘(ii) homeless families, children, and
youth receive educational services for
which such families, children, and youth
are eligible, including Head Start and
Even Start programs and preschool pro-
grams administered by the local edu-
cational agency, and referrals to health
care services, dental services, mental health
services, and other appropriate services;
‘‘(iii) 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; and
‘‘(iv) public notice of the educational
rights of homeless children and youth is
disseminated where such children and
youth receive services under this Act (such
as family shelters and soup kitchens).
514
‘‘(B) NOTICE.—State coordinators and
local educational agencies shall inform school
personnel, service providers, and advocates
working with homeless families of the duties of
the liaisons.
‘‘(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
related services to homeless children and youth.
‘‘(D) DISPUTE RESOLUTION.—Unless an-
other individual is designated by State law, the
local educational agency liaisons for homeless
children and youth shall provide resource infor-
mation and assist in resolving disputes under
this subtitle, should they arise.
‘‘(7) REVIEW AND REVISIONS.—
‘‘(A) IN
GENERAL.—Each State edu-
cational agency and local educational agency
that receives assistance under this subtitle,
shall review and revise any policies that may act
as barriers to the enrollment of homeless chil-
515
dren and youth in schools selected in accord-
ance with paragraph (3).
‘‘(B) CONSIDERATION.—In reviewing and
revising such policies, consideration shall be
given to issues concerning transportation, im-
munization, residency, birth certificates, school
records, and other documentation, and guard-
ianship.
‘‘(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
agency shall, in accordance with section 722(e) and
from amounts made available to such agency under
section 726, make grants to local educational agen-
cies for the purpose of facilitating the enrollment,
attendance, and success in school of homeless chil-
dren and youth.
‘‘(2) SERVICES.—
516
‘‘(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 non-
homeless children and youth; and
‘‘(iii) shall be designed to expand or
improve services provided as part of a
school’s regular academic program, but not
replace that 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).
‘‘(ii) except as otherwise provided in
section 722(e)(3)(B), shall not provide
517
services in settings within a school that
segregates homeless children and youth
from other children and youth except as is
necessary for short periods of time—
‘‘(I) for health and safety emer-
gencies; or
‘‘(II) to provide temporary, spe-
cial, supplementary services to meet
the unique needs of homeless children
and youth.
‘‘(3) REQUIREMENT.—Services provided under
this section shall not replace the regular academic
program and shall be designed to expand upon or
improve services provided as part of the school’s reg-
ular 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 re-
lated needs of homeless children and youth in such
agency (which may be undertaken as a part of needs
assessments for other disadvantaged groups);
518
‘‘(2) a description of the services and programs
for which assistance is sought and the problems to
be addressed through the provision of such services
and programs;
‘‘(3) an assurance that the local educational
agency’s combined fiscal effort per student or the
aggregate expenditures of that agency and the State
with respect to the provision of free public education
by such agency for the fiscal year preceding the fis-
cal year for which the determination is made was
not less than 90 percent of such combined fiscal ef-
fort or aggregate expenditures for the second fiscal
year preceding the fiscal year for which the deter-
mination 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
agency shall, in accordance with the requirements of
519
this subtitle and from amounts made available to it
under section 726, make competitive subgrants that
result in an equitable distribution of geographic
areas within the State to local educational agencies
that submit applications under subsection (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 submitted.
‘‘(2) NEED.—In determining need under para-
graph (1), the State educational agency may con-
sider the number of homeless children and youth en-
rolled 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, reten-
tion, and educational success of homeless chil-
dren and youth;
‘‘(B) the extent to which the application
reflects coordination with other local and State
agencies that serve homeless children and
youth, and meets the requirements of section
722(g)(3);
520
‘‘(C) the extent to which the applicant ex-
hibits in the application and in current practice
a commitment to education for all homeless
children and youth; and
‘‘(D) such other criteria as the State agen-
cy determines appropriate.
‘‘(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 program presented in the application will
meet such needs;
‘‘(B) the types, intensity, and coordination
of the services to be provided under the pro-
gram;
‘‘(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;
521
‘‘(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
educational 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.
‘‘(d) AUTHORIZED ACTIVITIES.—A local educational
agency may use funds awarded under this section for ac-
tivities 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 content standards and challenging State stu-
dent performance 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 services (such as educational programs for gift-
ed and talented students, children with disabilities,
and students with limited-English proficiency, serv-
522
ices provided under title I of the Elementary and
Secondary Education Act of 1965 or similar State
or local programs, programs in vocational and tech-
nical education, 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 sen-
sitivity of such personnel to the needs of homeless
children and youth, the rights of such children and
youth under this Act, and the specific educational
needs of runaway and homeless youth;
‘‘(4) the provision of referral services to home-
less children and youth for medical, dental, mental,
and other health services;
‘‘(5) the provision of assistance to defray the
excess cost of transportation for students pursuant
to section 722(g)(4)(A), not otherwise provided
through Federal, State, or local funding, where nec-
essary to enable students to attend the school se-
lected under section 722(g)(3);
‘‘(6) the provision of developmentally appro-
priate early childhood education programs, not oth-
erwise provided through Federal, State, or local
funding, for preschool-aged children;
523
‘‘(7) the provision of before- and after-school,
mentoring, and summer programs for homeless chil-
dren and youth in which a teacher or other qualified
individual provides tutoring, homework assistance,
and supervision of educational activities;
‘‘(8) if necessary, the payment of fees and other
costs associated with tracking, obtaining, and trans-
ferring records necessary to enroll homeless children
and youth in school, including birth certificates, im-
munization records, academic records, guardianship
records, and evaluations for special programs or
services;
‘‘(9) the provision of education and training to
the parents of homeless children and youth about
the rights of, and resources available to, such chil-
dren and youth;
‘‘(10) the development of coordination between
schools and agencies providing services to homeless
children and youth, including programs funded
under the Runaway and Homeless Youth Act;
‘‘(11) the provision of pupil services (including
violence prevention counseling) and referrals for
such services;
524
‘‘(12) activities to address the particular needs
of homeless children and youth that may arise from
domestic violence;
‘‘(13) the adaptation of space and purchase of
supplies for nonschool facilities made available under
subsection (a)(2) to provide services under this sub-
section;
‘‘(14) the provision of school supplies, including
those supplies to be distributed at shelters or tem-
porary housing facilities, or other appropriate loca-
tions; and
‘‘(15) the provision of other extraordinary or
emergency assistance needed to enable homeless chil-
dren and youth to attend school.
‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.
‘‘(a) REVIEW OF PLANS.—In reviewing the State
plan submitted by a State educational agency under sec-
tion 722(g), the Secretary shall use a peer review process
and shall evaluate whether State laws, policies, and prac-
tices described in such plans adequately address the prob-
lems of homeless children and youth relating to access to
education and placement as described in such plans.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide support and technical assistance to the State edu-
cational agencies to assist such agencies to carry out their
525
responsibilities under this subtitle, if requested by the
State educational agency.
‘‘(c) REPORT.—The Secretary shall develop and issue
not later than 60 days after the date of the enactment
of the Stewart B. McKinney Homeless Education Assist-
ance Improvements Act of 1999, a report to be made
available to States, local educational agencies, and other
applicable agencies regarding the following:
‘‘(1) ENROLLMENT.—Such report shall review
successful ways in which a State may assist local
educational agencies to enroll homeless students on
an immediate basis. The report issued by the Sec-
retary shall—
‘‘(A) clarify that enrollment includes a
homeless child’s or youth’s right to actually at-
tend school; and
‘‘(B) clarify requirements that States are
to review immunization and medical or school
records and to make such revisions as appro-
priate and necessary in order to enroll homeless
students in school more quickly.
‘‘(2) TRANSPORTATION.—The report shall also
address the transportation needs of homeless stu-
dents. The report issued by the Secretary shall—
526
‘‘(A) explicitly state that the goal of the
transportation provisions contained in this Act
is to provide educational stability by reducing
mobility and therefore provide an effective
learning environment for homeless children; and
‘‘(B) encourage States to follow programs
implemented in State law that have successfully
addressed transportation barriers for homeless
children.
‘‘(d) EVALUATION AND DISSEMINATION.—The Sec-
retary shall conduct evaluation and dissemination activi-
ties of programs designed to meet the educational needs
of homeless elementary and secondary school students,
and may use funds appropriated under section 726 to con-
duct such activities.
‘‘(e) SUBMISSION
AND DISTRIBUTION.—The Sec-
retary shall require applications for grants under this sub-
title to be submitted to the Secretary not later than the
expiration of the 60-day period beginning on the date that
funds are available for purposes of making such grants
and shall make such grants not later than the expiration
of the 120-day period beginning on such date.
‘‘(f) DETERMINATION
BY SECRETARY.—The Sec-
retary, based on the information received from the States
and information gathered by the Secretary under sub-
527
section (e), shall determine the extent to which State edu-
cational agencies are ensuring that each homeless child
and homeless youth has access to a free appropriate public
education as described in section 721(1).
‘‘(g) INFORMATION.—
‘‘(1) IN GENERAL.—From funds appropriated
under section 726, the Secretary shall, either di-
rectly or through grants, contracts, or cooperative
agreements, periodically collect and disseminate data
and information regarding—
‘‘(A) the number and location of homeless
children and youth;
‘‘(B) the education and related services
such children and youth receive;
‘‘(C) the extent to which such needs are
being met; and
‘‘(D) such other data and information as
the Secretary deems necessary and relevant to
carry out this subtitle.
‘‘(2) COORDINATION.—The Secretary shall co-
ordinate such collection and dissemination with
other agencies and entities that receive assistance
and administer programs under this subtitle.
‘‘(h) REPORT.—Not later than 4 years after the date
of the enactment of the Stewart B. McKinney Homeless
528
Education Assistance Improvement Act of 1999, the Sec-
retary shall prepare and submit to the President and the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate a report on the
status of education of homeless children and youth, which
shall include information on—
‘‘(1) the education of homeless children and
youth; and
‘‘(2) the effectiveness of the programs sup-
ported under this subtitle.
‘‘SEC. 725. DEFINITIONS.
‘‘For the purpose of this subtitle, unless otherwise
stated—
‘‘(1) the terms ‘local educational agency’ and
‘State educational agency’ have the same meanings
given such terms under section 14101, of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 8801);
‘‘(2) the term ‘Secretary’ means the Secretary
of Education; and
‘‘(3) the term ‘State’ means each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
529
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subtitle, there
are authorized to be appropriated $36,000,000 for fiscal
year 2000 and such sums as may be necessary for each
of the fiscal years 2001 through 2004.’’.
TITLE VIII—SCHOOLWIDE
PROGRAM ADJUSTMENT
SEC. 801. SCHOOLWIDE FUNDS.
The Act is amended by adding at the end the fol-
lowing:
‘‘TITLE XVI—SCHOOLWIDE
PROGRAM ADJUSTMENT
‘‘SEC. 16001. SCHOOLWIDE PROGRAM ADJUSTMENT.
‘‘Notwithstanding the provisions of section 1114, a
local educational agency may consolidate funds under part
A of title I, together with other Federal, State, and local
funds, in order to upgrade the entire educational program
of a school that serves an eligible school attendance area
in which not less than 40 percent of the children are from
low-income families, or not less than 40 percent of the
children enrolled in the school are from such families.’’.
530
TITLE IX—EDUCATION OF LIM-
ITED ENGLISH PROFICIENT
CHILDREN AND EMERGENCY
IMMIGRANT EDUCATION
SEC. 901. PROGRAMS AUTHORIZED.
Title VII of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7401 et seq.) is amended
to read as follows:
‘‘TITLE VII—EDUCATION OF LIM-
ITED ENGLISH PROFICIENT
CHILDREN AND EMERGENCY
IMMIGRANT EDUCATION
‘‘PART A—ENGLISH LANGUAGE EDUCATION
‘‘SEC. 7101. SHORT TITLE.
‘‘This part may be cited as the ‘English Language
Proficiency and Academic Achievement Act’.
‘‘SEC. 7102. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) English is the common language of the
United States and every citizen and other person re-
siding in the United States should have a command
of the English language in order to develop to their
full potential;
‘‘(2) limited English proficient children must
overcome a number of challenges in receiving an
531
education in order to enable such children to partici-
pate fully in American society, including—
‘‘(A) segregated education programs;
‘‘(B) disproportionate and improper place-
ment in special education and other special pro-
grams due to the use of inappropriate evalua-
tion procedures;
‘‘(C) the limited English proficiency of
their own parents, which hinders the parents’
ability to fully participate in the education of
their children; and
‘‘(D) a need for additional teachers and
other staff who are professionally trained and
qualified to serve such children;
‘‘(3) States and local educational agencies need
assistance in developing the capacity to provide pro-
grams of instruction that offer and provide an equal
educational opportunity to children who need special
assistance because English is not their dominant
language;
‘‘(4) Native Americans and Native American
languages (as such terms are defined in section 103
of the Native American Languages Act), including
native residents of the outlying areas, have a unique
status under Federal law that requires special poli-
532
cies within the broad purposes of this Act to serve
the education needs of language minority students in
the United States;
‘‘(5) the Federal Government, as exemplified by
title VI of the Civil Rights Act of 1964 and section
204(f) of the Equal Education Opportunities Act of
1974, has a special and continuing obligation to en-
sure that States and local educational agencies take
appropriate action to provide equal educational op-
portunities to children of limited English proficiency;
and
‘‘(6) research, evaluation, and data collection
capabilities in the field of instruction for limited
English proficient children need to be strengthened
so that educators and other staff teaching limited
English proficient children in the classroom can bet-
ter identify and promote programs, program imple-
mentation strategies, and instructional practices that
result in the effective education of limited English
proficient children.
‘‘(b) PURPOSES.—The purposes of this part are—
‘‘(1) to help ensure that children who are lim-
ited English proficient attain English proficiency,
develop high levels of academic attainment in
English, and meet the same challenging State con-
533
tent standards and challenging State student per-
formance standards expected of all children; and
‘‘(2) to develop high quality programs designed
to assist local educational agencies in teaching lim-
ited English proficient children.
‘‘SEC. 7103. PARENTAL NOTIFICATION AND CONSENT FOR
ENGLISH LANGUAGE INSTRUCTION.
‘‘(a) NOTIFICATION.—If a local educational agency
uses funds under this part to provide English language
instruction to limited English proficient children, the
agency shall inform a parent or the parents of a child par-
ticipating in an English language instruction program for
limited English proficient children assisted under this part
of—
‘‘(1) the reasons for the identification of the
child as being in need of English language instruc-
tion;
‘‘(2) the child’s level of English proficiency, how
such level was assessed, and the status of the child’s
academic achievement;
‘‘(3) how the English language instruction pro-
gram will specifically help the child acquire English
and meet age-appropriate standards for grade pro-
motion and graduation;
534
‘‘(4) what the specific exit requirements are for
the program;
‘‘(5) the expected rate of transition from the
program into a classroom that is not tailored for
limited English proficient children; and
‘‘(6) the expected rate of graduation from high
school for the program if funds under this part are
used for children in secondary schools.
‘‘(b) CONSENT.—
‘‘(1) AGENCY REQUIREMENTS.—
‘‘(A) INFORMED
CONSENT.—For a child
who has been identified as limited English pro-
ficient prior to the beginning of the school year,
each local educational agency that receives
funds under this part shall obtain informed pa-
rental consent prior to the placement of a child
in an English language instruction program for
limited English proficient children funded under
this part, if—
‘‘(i) the program does not include
classes which exclusively or almost exclu-
sively use the English language in instruc-
tion; or
‘‘(ii) instruction is tailored for limited
English proficient children.
535
‘‘(B) 
WRITTEN
CONSENT
NOT
OB-
TAINED.—If written consent is not obtained,
the local educational agency shall maintain a
written record that includes the date and the
manner in which such informed consent was ob-
tained.
‘‘(C) RESPONSE NOT OBTAINED.—
‘‘(i) IN GENERAL.—If a response can-
not be obtained after a reasonable and
substantial effort has been made to obtain
such consent, the local educational agency
shall document that it has given such no-
tice and its specific efforts made to obtain
such consent.
‘‘(ii) DELIVERY OF PROOF OF DOCU-
MENTATION.—The proof of documentation
shall be mailed or delivered in writing to
the parents or guardian of the child prior
to placing the child in a program described
in subparagraph (A), and shall include a
final notice requesting parental consent for
such services. After such documentation
has been mailed or delivered in writing, the
local educational agency shall provide ap-
propriate educational services.
536
‘‘(iii) SPECIAL
RULE
APPLICABLE
DURING
SCHOOL
YEAR.—A local edu-
cational agency may obtain parental con-
sent under this clause only for children
who have not been identified as limited
English proficient prior to the beginning of
a school year. For such children the agency
shall document, in writing, its specific ef-
forts made to obtain such consent prior to
placing the child in a program described in
subparagraph (A). After such documenta-
tion has been made, the local educational
agency shall provide appropriate edu-
cational services to such child. The proof
of documentation shall be mailed or deliv-
ered in writing to the parents or guardian
of the child in a timely manner and shall
include information on how to have their
child immediately removed from the pro-
gram upon their request. This clause shall
not be construed as exempting a local edu-
cational agency from complying with the
requirements of this paragraph.
‘‘(2) PARENTAL RIGHTS.—A parent or the par-
ents of a child participating in an English language
537
instruction program for limited English proficient
children assisted under subpart 1 or 2 shall—
‘‘(A) select among methods of instruction,
if more than one method is offered in the pro-
gram; and
‘‘(B) have the right to have their child im-
mediately removed from the program upon their
request.
‘‘(c) RECEIPT OF INFORMATION.—A parent or the
parents of a child identified for participation in an English
language instruction program for limited English pro-
ficient children assisted under this part shall receive, in
a manner and form understandable to the parent or par-
ents, the information required by this subsection. At a
minimum, the parent or parents shall receive—
‘‘(1) timely information about English language
instruction programs for limited English proficient
children assisted under this part;
‘‘(2) if a parent of a participating child so de-
sires, notice of opportunities for regular meetings for
the purpose of formulating and responding to rec-
ommendations from such parents; and
‘‘(3) procedural information for removing a
child from a program for limited English proficient
children.
538
‘‘(d) BASIS FOR ADMISSION OR EXCLUSION.—Stu-
dents shall not be admitted to or excluded from any feder-
ally assisted education program on the basis of a surname
or language-minority status.
‘‘SEC. 7104. TESTING OF LIMITED ENGLISH PROFICIENT
CHILDREN.
‘‘(a) IN GENERAL.—Assessments of limited English
proficient children participating in programs funded under
this part, to the extent practicable, shall be in the lan-
guage and form most likely to yield accurate and reliable
information on what such students know and can do in
content areas.
‘‘(b) SPECIAL RULE.—Notwithstanding subsection
(a), in the case of an assessment of reading or language
arts of any student who has attended school in the United
States (excluding Puerto Rico) for three or more consecu-
tive school years, the assessment shall be in the form of
a test written in English, except that, if the local edu-
cational agency determines, on a case-by-case individual
basis, that assessments in another language and form
would likely yield more accurate and reliable information
on what such students know and can do, the local edu-
cational agency may assess such students in the appro-
priate language other than English for one additional
year.
539
‘‘SEC. 7105. CONDITIONS ON EFFECTIVENESS OF SUBPARTS
1 AND 2.
‘‘(a) SUBPART 1.—Subpart 1 shall be in effect only
for a fiscal year for which subpart 2 is not in effect.
‘‘(b) SUBPART 2.—
‘‘(1) IN GENERAL.—Subpart 2 shall be in effect
only for—
‘‘(A) the first fiscal year for which the
amount appropriated to carry out this part
equals or exceeds $220,000,000; and
‘‘(B) all succeeding fiscal years.
‘‘(2) CONTINUATION
OF
AWARDS.—Notwith-
standing any other provision of this part, a State re-
ceiving a grant under subpart 2 shall provide one
additional year of funding to eligible entities in ac-
cordance with section 7133(3).
‘‘SEC. 7106. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) SUBPART 1 OR 2.—Subject to section 7105, for
the purpose of carrying out subpart 1 or 2, as applicable,
there are authorized to be appropriated $220,000,000 for
fiscal year 2000 and such sums as may be necessary for
the four succeeding fiscal years.
‘‘(b) SUBPART 3.—For the purpose of carrying out
subpart 3, there are authorized to be appropriated
$60,000,000 for fiscal year 2000 and such sums as may
be necessary for the four succeeding fiscal years.
540
‘‘(c) SUBPART 4.—For the purpose of carrying out
subpart 4, there are authorized to be appropriated
$16,000,000 for fiscal year 2000 and such sums as may
be necessary for the four succeeding fiscal years.
‘‘Subpart 1—Discretionary Grant Program
‘‘SEC. 7111. FINANCIAL ASSISTANCE FOR PROGRAMS FOR
LIMITED ENGLISH PROFICIENT CHILDREN.
‘‘The purpose of this subpart is to assist local edu-
cational agencies, institutions of higher education, and
community-based organizations, through the grants au-
thorized under section 7112, to—
‘‘(1) develop and enhance their capacity to pro-
vide high-quality instruction through English lan-
guage instruction and programs which assist limited
English proficient children in achieving the same
high levels of academic achievement as other chil-
dren; and
‘‘(2) help such children—
‘‘(A) develop proficiency in English; and
‘‘(B) meet the same challenging State con-
tent standards and challenging State student
performance standards expected for all children
as required by section 1111(b).
541
‘‘SEC. 7112. FINANCIAL ASSISTANCE FOR INSTRUCTIONAL
SERVICES.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—In accordance with section
7105, before the amount appropriated to carry out
this part for a fiscal year equals or exceeds
$220,000,000, the Secretary is authorized to award
grants to eligible entities having applications ap-
proved under section 7114 to enable such entities to
carry out activities described in subsection (b).
‘‘(2) LENGTH OF GRANT.—Each grant under
this section shall be awarded for a period of time to
be determined by the Secretary based on the type of
grant for which the eligible entity applies.
‘‘(b) AUTHORIZED
ACTIVITIES.—Grants awarded
under this section shall be used to improve the education
of limited English proficient children and their families,
through the acquisition of English and the attainment of
challenging State academic content standards and chal-
lenging State performance standards using scientifically-
based research approaches and methodologies, by—
‘‘(1) developing and implementing new English
language and academic content instructional pro-
grams for children who are limited English pro-
ficient, including programs of early childhood edu-
542
cation and kindergarten through 12th grade edu-
cation;
‘‘(2) carrying out highly focused, innovative, lo-
cally designed projects to expand or enhance existing
English language and academic content instruction
programs for limited English proficient children;
‘‘(3) implementing, within an individual school,
schoolwide programs for restructuring, reforming,
and upgrading all relevant programs and operations
relating to English language and academic content
instruction for limited English proficient students;
or
‘‘(4) implementing, within the entire jurisdic-
tion of a local educational agency, agency-wide pro-
grams for restructuring, reforming, and upgrading
all relevant programs and operations relating to
English language and academic content instruction
for limited English proficient students.
‘‘(c) USES OF FUNDS.—Grants under this section
may be used—
‘‘(1) to upgrade program objectives and effec-
tive instructional strategies;
‘‘(2) to improve the instruction program for
limited English proficient students by identifying,
acquiring, and upgrading curricula, instructional
543
materials, educational software, and assessment pro-
cedures;
‘‘(3) to provide—
‘‘(A) tutorials and academic or vocational
education for limited English proficient chil-
dren; and
‘‘(B) intensified instruction;
‘‘(4) to develop and implement comprehensive
preschool or elementary or secondary school English
language instructional programs that are coordi-
nated with other relevant programs and services;
‘‘(5) to provide professional development to
classroom teachers, administrators, and other school
or community-based organizational personnel to im-
prove the instruction and assessment of children who
are limited English proficient children;
‘‘(6) to improve the English language pro-
ficiency and academic performance of limited
English proficient children;
‘‘(7) to improve the instruction of limited
English proficient children by providing for the ac-
quisition or development of education technology or
instructional materials, access to and participation
in electronic networks for materials, training and
communications, and incorporation of such resources
544
in curricula and programs, such as those funded
under this subpart;
‘‘(8) to develop tutoring programs for limited
English proficient children that provide early inter-
vention and intensive instruction in order to improve
academic achievement, to increase graduation rates
among limited English proficient children, and to
prepare students for transition as soon as possible
into classrooms where instruction is not tailored for
limited English proficient children;
‘‘(9) to provide family literacy services and par-
ent outreach and training activities to limited
English proficient children and their families to im-
prove their English language skills and assist par-
ents in helping their children to improve their aca-
demic performance; and
‘‘(10) to undertake other activities that are con-
sistent with the purposes of this subpart.
‘‘(d) SPECIAL RULE.—A grant recipient, before car-
rying out a program assisted under this section, shall plan,
train personnel, develop curricula, and acquire or develop
materials.
‘‘(e) ELIGIBLE ENTITIES.—For the purpose of this
section, the term ‘eligible entity’ means—
‘‘(1) one or more local educational agencies; or
545
‘‘(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization, or local or State edu-
cational agency.
‘‘SEC. 7113. NATIVE AMERICAN AND ALASKA NATIVE CHIL-
DREN IN SCHOOL.
‘‘(a) ELIGIBLE ENTITIES.—For the purpose of car-
rying out programs under this subpart for individuals
served by elementary, secondary, and postsecondary
schools operated predominately for Native American or
Alaska Native children, an Indian tribe, a tribally sanc-
tioned educational authority, a Native Hawaiian or Native
American Pacific Islander native language education orga-
nization, or an elementary or secondary school that is op-
erated or funded by the Bureau of Indian Affairs shall
be considered to be a local educational agency as such
term is used in this subpart, subject to the following quali-
fications:
‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaska Na-
tive village or regional or village corporation as de-
fined in or established pursuant to the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.),
that is recognized for the special programs and serv-
546
ices provided by the United States to Indians be-
cause of their status as Indians.
‘‘(2) TRIBALLY SANCTIONED EDUCATIONAL AU-
THORITY.—The term ‘tribally sanctioned educational
authority’ means—
‘‘(A) any department or division of edu-
cation operating within the administrative
structure of the duly constituted governing body
of an Indian tribe; and
‘‘(B) any nonprofit institution or organiza-
tion that is—
‘‘(i) chartered by the governing body
of an Indian tribe to operate any such
school or otherwise to oversee the delivery
of educational services to members of that
tribe; and
‘‘(ii) approved by the Secretary for
the purpose of this section.
‘‘(b) ELIGIBLE
ENTITY
APPLICATION.—Notwith-
standing any other provision of this subpart, each eligible
entity described in subsection (a) shall submit any applica-
tion for assistance under this subpart directly to the Sec-
retary along with timely comments on the need for the
proposed program.
547
‘‘SEC. 7114. APPLICATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) SECRETARY.—To receive a grant under
this subpart, an eligible entity shall submit an appli-
cation to the Secretary at such time, in such form,
and containing such information as the Secretary
may require.
‘‘(2) STATE EDUCATIONAL AGENCY.—An eligi-
ble entity, with the exception of schools funded by
the Bureau of Indian Affairs, shall submit a copy of
its application under this section to the State edu-
cational agency.
‘‘(b) REQUIRED DOCUMENTATION.—Such applica-
tion shall include documentation that the applicant has
the qualified personnel required to develop, administer,
and implement the proposed program.
‘‘(c) CONTENTS.—
‘‘(1) IN GENERAL.—An application for a grant
under this subpart shall contain the following:
‘‘(A) A description of the need for the pro-
posed program, and a comprehensive descrip-
tion of the characteristics relevant to the chil-
dren being served.
‘‘(B) An assurance that, if the applicant
includes one or more local educational agencies,
each such agency is complying with section
548
7103(b) prior to, and throughout, each school
year.
‘‘(C) A description of the program to be
implemented and how such program’s design—
‘‘(i) relates to the English language
and academic needs of the children of lim-
ited English proficiency to be served;
‘‘(ii) is coordinated with other pro-
grams under this Act and other Acts, as
appropriate, in accordance with section
14306;
‘‘(iii) involves the parents of the chil-
dren of limited English proficiency to be
served;
‘‘(iv) ensures accountability in achiev-
ing high academic standards; and
‘‘(v) promotes coordination of services
for the children of limited English pro-
ficiency to be served and their families.
‘‘(D) A description, if appropriate, of the
applicant’s collaborative activities with institu-
tions of higher education, community-based or-
ganizations, local or State educational agencies,
private schools, nonprofit organizations, or busi-
nesses in carrying out the proposed program.
549
‘‘(E) An assurance that the applicant will
not reduce the level of State and local funds
that the applicant expends for programs for
limited English proficient children if the appli-
cant receives an award under this subpart.
‘‘(F) An assurance that the applicant will
employ teachers in the proposed program who
are proficient in English, including written and
oral communication skills, and another lan-
guage, if appropriate.
‘‘(G) A budget for grant funds.
‘‘(H) A description, if appropriate of how
the applicant annually will assess the English
proficiency of all children with limited English
proficiency participating in programs funded
under this subpart.
‘‘(2) ADDITIONAL INFORMATION.—Each appli-
cant for a grant under section 7112 who intends to
use the grant for a purpose described in paragraph
(3) or (4) of subsection (b) of such section—
‘‘(A) shall describe—
‘‘(i) how services provided under this
subpart are supplementary to existing serv-
ices;
550
‘‘(ii) how funds received under this
subpart will be integrated, as appropriate,
with all other Federal, State, local, and
private resources that may be used to serve
children of limited English proficiency;
‘‘(iii) specific achievement and school
retention goals for the children to be
served by the proposed program and how
progress toward achieving such goals will
be measured; and
‘‘(iv) current family literacy programs
if applicable; and
‘‘(B) shall provide assurances that the pro-
gram funded will be integrated with the overall
educational program.
‘‘(d) APPROVAL OF APPLICATIONS.—An application
for a grant under this subpart may be approved only if
the Secretary determines that—
‘‘(1) the program will use qualified personnel,
including personnel who are proficient in English
and other languages used in instruction, if appro-
priate;
‘‘(2) in designing the program for which appli-
cation is made, the needs of children in nonprofit
private elementary and secondary schools have been
551
taken into account through consultation with appro-
priate private school officials and, consistent with
the number of such children enrolled in such schools
in the area to be served whose educational needs are
of the type and whose language and grade levels are
of a similar type to those which the program is in-
tended to address, after consultation with appro-
priate private school officials, provision has been
made for the participation of such children on a
basis comparable to that provided for public school
children;
‘‘(3) student evaluation and assessment proce-
dures in the program are valid, reliable, and fair for
limited English proficient students, and that limited
English proficient students who are disabled are
identified and served in accordance with the require-
ments of the Individuals with Disabilities Education
Act;
‘‘(4) Federal funds made available for the
project or activity will be used so as to supplement
the level of State and local funds that, in the ab-
sence of such Federal funds, would have been ex-
pended for special programs for limited English pro-
ficient children and in no case to supplant such
State and local funds, except that nothing in this
552
paragraph shall be construed to preclude a local edu-
cational agency from using funds under this title for
activities carried out under an order of a court of
the United States or of any State respecting services
to be provided such children, or to carry out a plan
approved by the Secretary as adequate under title
VI of the Civil Rights Act of 1964 with respect to
services to be provided such children; and
‘‘(5) the assistance provided under the applica-
tion will contribute toward building the capacity of
the applicant to provide a program on a regular
basis, similar to that proposed for assistance, which
will be of sufficient size, scope, and quality to prom-
ise significant improvement in the education of stu-
dents of limited English proficiency, and that the
applicant will have the resources and commitment to
continue the program when assistance under this
subpart is reduced or no longer available.
‘‘(e) CONSIDERATION.—In approving applications
under this subpart, the Secretary shall give consideration
to the degree to which the program for which assistance
is sought involves the collaborative efforts of institutions
of higher education, community-based organizations, the
appropriate local and State educational agency, or busi-
nesses.
553
‘‘SEC. 7115. INTENSIFIED INSTRUCTION.
‘‘In carrying out this subpart, each grant recipient
may intensify instruction for limited English proficient
students by—
‘‘(1) expanding the educational calendar of the
school in which such student is enrolled to include
programs before and after school and during the
summer months;
‘‘(2) applying technology to the course of in-
struction; and
‘‘(3) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities,
during times when school is not routinely in session.
‘‘SEC. 7116. CAPACITY BUILDING.
‘‘Each recipient of a grant under this subpart shall
use the grant in ways that will build such recipient’s ca-
pacity to continue to offer high-quality English language
instruction and programs which assist limited English pro-
ficient children in achieving the same high levels of aca-
demic achievement as other children, once Federal assist-
ance is reduced or eliminated.
‘‘SEC. 7117. SUBGRANTS.
‘‘A local educational agency that receives a grant
under this subpart may, with the approval of the Sec-
retary, make a subgrant to, or enter into a contract with,
554
an institution of higher education, a nonprofit organiza-
tion, or a consortium of such entities to carry out an ap-
proved program, including a program to serve out-of-
school youth.
‘‘SEC. 7118. SPECIAL CONSIDERATION.
‘‘The Secretary shall give special consideration to ap-
plications under this subpart that describe a program
that—
‘‘(1) enrolls a large percentage or large number
of limited English proficient students;
‘‘(2) takes into account significant increases in
limited English proficient children, including such
children in areas with low concentrations of such
children; and
‘‘(3) ensures that activities assisted under this
subpart address the needs of school systems of all
sizes and geographic areas, including rural and
urban schools.
‘‘SEC. 7119. COORDINATION WITH OTHER PROGRAMS.
‘‘In order to secure the most flexible and efficient use
of Federal funds, any State receiving funds under this
subpart shall coordinate its program with other programs
under this Act and other Acts, as appropriate, in accord-
ance with section 14306.
555
‘‘SEC. 7120. NOTIFICATION.
‘‘The State educational agency, and when applicable,
the State board for postsecondary education, shall be noti-
fied within three working days of the date an award under
this subpart is made to an eligible entity within the State.
‘‘SEC. 7121. STATE GRANT PROGRAM.
‘‘(a) STATE GRANT PROGRAM.—The Secretary is au-
thorized to make an award to a State educational agency
that demonstrates, to the satisfaction of the Secretary,
that such agency, through such agency’s own programs
and other Federal education programs, effectively provides
for the education of children of limited English proficiency
within the State.
‘‘(b) PAYMENTS.—The amount paid to a State edu-
cational agency under subsection (a) shall not exceed 5
percent of the total amount awarded to local educational
agencies within the State under subpart 1 for the previous
fiscal year, except that in no case shall the amount paid
by the Secretary to any State educational agency under
this subsection for any fiscal year be less than $100,000.
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
shall use funds awarded under this section for pro-
grams authorized by this section—
‘‘(A) to assist local educational agencies in
the State with program design, capacity build-
556
ing, assessment of student performance, and
program evaluation; and
‘‘(B) to collect data on the State’s limited
English proficient populations and the edu-
cational programs and services available to such
populations.
‘‘(2) EXCEPTION.—States that do not, as of the
date of the enactment of the Student Results Act of
1999, have in place a system for collecting the data
described in paragraph (1)(B) for all students in
such State, are not required to meet the requirement
of such paragraph. In the event such State develops
a system for collecting data on the educational pro-
grams and services available to all students in the
State, then such State shall comply with the require-
ment of paragraph (1)(B).
‘‘(3) TRAINING.—The State educational agency
may also use funds provided under this section for
the training of State educational agency personnel in
educational issues affecting limited English pro-
ficient children.
‘‘(4) SPECIAL
RULE.—Recipients of funds
under this section shall not restrict the provision of
services under this section to federally funded pro-
grams.
557
‘‘(d) APPLICATIONS.—A State educational agency de-
siring to receive funds under this section shall submit an
application to the Secretary in such form, at such time,
and containing such information and assurances as the
Secretary may require.
‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made
available under this section for any fiscal year shall be
used by the State educational agency to supplement and,
to the extent practical, to increase to the level of funds
that would, in the absence of such funds, be made avail-
able by the State for the purposes described in this sec-
tion, and in no case to supplant such funds.
‘‘(f) REPORT
TO
THE
SECRETARY.—State edu-
cational agencies receiving awards under this section shall
provide for the annual submission of a summary report
to the Secretary describing such State’s use of such funds.
‘‘Subpart 2—Formula Grant Program
‘‘SEC. 7131. FORMULA GRANTS TO STATES.
‘‘(a) IN GENERAL.—In accordance with section 7105,
after the amount appropriated to carry out this part for
a fiscal year equals or exceeds $220,000,000, in the case
of each State that in accordance with section 7133 sub-
mits to the Secretary an application for a fiscal year, after
reserving funds under subsection (b), the Secretary shall
make a grant for the year to the State for the purposes
558
specified in subsection (c). The grant shall consist of the
allotment determined for the State under section 7135.
‘‘(b) RESERVATION.—From the amount appropriated
to carry out this part for any fiscal year, the Secretary
shall reserve not less than .5 percent to provide Federal
financial assistance under this subpart to entities that are
considered to be a local educational agency under section
7113(a).
‘‘(c) PURPOSES OF GRANTS.—
‘‘(1) REQUIRED
EXPENDITURES.—The Sec-
retary may make a grant under subsection (a) only
if the State involved agrees that the State will ex-
pend at least 95 percent of the amount of the funds
provided under the grant for the purpose of making
subgrants to eligible entities to provide assistance to
limited English proficient children in accordance
with section 7134.
‘‘(2) AUTHORIZED EXPENDITURES.—Subject to
paragraph (3), a State that receives a grant under
subsection (a) may expend not more than 5 percent
of the amount of the funds provided under the grant
for one or more of the following purposes:
‘‘(A) Professional development and activi-
ties that assist personnel in meeting State and
559
local certification requirements for English lan-
guage instruction.
‘‘(B) Planning, administration, and inter-
agency coordination related to the subgrants re-
ferred to in paragraph (1).
‘‘(C) Providing technical assistance and
other forms of assistance to local educational
agencies that—
‘‘(i) educate limited English proficient
children; and
‘‘(ii) are not receiving a subgrant
from a State under this subpart.
‘‘(D) Providing bonuses to subgrantees
whose performance has been exceptional in
terms of the speed with which children enrolled
in the subgrantee’s programs and activities at-
tain English language proficiency and meet
challenging State content standards and chal-
lenging State student performance standards.
‘‘(3) LIMITATION ON ADMINISTRATIVE COSTS.—
In carrying out paragraph (2), a State that receives
a grant under subsection (a) may expend not more
than 2 percent of the amount of the funds provided
under the grant for the purposes described in para-
graph (2)(B).
560
‘‘SEC. 7132. NATIVE AMERICAN AND ALASKA NATIVE CHIL-
DREN IN SCHOOL.
‘‘(a) ELIGIBLE ENTITIES.—For the purpose of car-
rying out programs under this subpart for individuals
served by elementary, secondary, and postsecondary
schools operated predominately for Native American or
Alaska Native children, the following shall be considered
to be a local educational agency:
‘‘(1) An Indian tribe.
‘‘(2) A tribally sanctioned educational author-
ity.
‘‘(3) A Native Hawaiian or Native American
Pacific Islander native language educational organi-
zation.
‘‘(4) An elementary or secondary school that is
operated or funded by the Bureau of Indian Affairs,
or a consortium of such schools.
‘‘(5) An elementary or secondary school oper-
ated under a contract with or grant from the Bu-
reau of Indian Affairs, in consortium with another
such school or a tribal or community organization.
‘‘(6) An elementary or secondary school oper-
ated by the Bureau of Indian Affairs and an institu-
tion of higher education, in consortium with an ele-
mentary or secondary school operated under a con-
561
tract with or grant from the Bureau of Indian Af-
fairs or a tribal or community organization.
‘‘(b) SUBMISSION
OF APPLICATIONS
FOR ASSIST-
ANCE.—Notwithstanding any other provision of this sub-
part, an entity that is considered to be a local educational
agency under subsection (a), and that desires to submit
an application for Federal financial assistance under this
subpart, shall submit the application to the Secretary. In
all other respects, such an entity shall be eligible for a
grant under this subpart on the same basis as any other
local educational agency.
‘‘SEC. 7133. APPLICATIONS BY STATES.
‘‘For purposes of section 7131, an application sub-
mitted by a State for a grant under such section for a
fiscal year is in accordance with this section if the
application—
‘‘(1) describes the process that the State will
use in making subgrants to eligible entities under
this subpart;
‘‘(2) contains an agreement that the State an-
nually will submit to the Secretary a summary re-
port, describing the State’s use of the funds pro-
vided under the grant;
‘‘(3) contains an agreement that the State—
562
‘‘(A) will provide 1 year of funding for an
application for a subgrant under section 7134
from an eligible entity that describes a program
that, on the day preceding the date of the en-
actment of the Student Results Act of 1999,
was receiving funding under a grant—
‘‘(i) awarded by the Secretary under
subpart 1 or 3 of part A of the Bilingual
Education Act (as such Act was in effect
on such day); and
‘‘(ii) that was not under its terms due
to expire before a period of 1 year or more
had elapsed; and
‘‘(B) after such 1-year extension, will give
special consideration to such applications if the
period of their award would not yet otherwise
have expired if the Student Results Act of 1999
had not been enacted.
‘‘(4) contains an agreement that, in carrying
out this subpart, the State will address the needs of
school systems of all sizes and in all geographic
areas, including rural and urban schools;
‘‘(5) contains an agreement that subgrants to
eligible entities under section 7134 shall be of suffi-
cient size and scope to allow such entities to carry
563
out high quality education programs for limited
English proficient children;
‘‘(6) contains an agreement that the State will
coordinate its programs and activities under this
subpart with its other programs and activities under
this Act and other Acts, as appropriate;
‘‘(7) contains an agreement that the State—
‘‘(A) shall monitor the progress of students
enrolled in programs and activities receiving as-
sistance under this subpart in attaining English
proficiency and in attaining challenging State
content standards and challenging State per-
formance standards;
‘‘(B) subject to subparagraph (C), after
the 1-year period described in such subpara-
graph, shall withdraw funding from such pro-
grams and activities in cases where the majority
of students are not attaining English pro-
ficiency and attaining challenging State content
standards and challenging State performance
standards after three academic years of enroll-
ment based on the evaluation measures in sec-
tion 7403(d); and
‘‘(C) shall provide technical assistance to
eligible entities that fail to satisfy the criterion
564
in subparagraph (B) for 1 year prior to the
withdrawal of funding under such subpara-
graph;
‘‘(8) contains an assurance that the State will
require eligible entities receiving a subgrant under
section 7134 annually to assess the English pro-
ficiency of all children with limited English pro-
ficiency participating in a program funded under
this subpart; and
‘‘(9) contains an agreement that States will re-
quire eligible entities receiving a grant under this
subpart to use the grant in ways that will build such
recipient’s capacity to continue to offer high-quality
English language instruction and programs which
assist limited English proficient children in attaining
challenging State content standards and challenging
State performance standards once assistance under
this subpart is no longer available.
‘‘SEC. 7134. SUBGRANTS TO ELIGIBLE ENTITIES.
‘‘(a) PURPOSES OF SUBGRANTS.—A State may make
a subgrant to an eligible entity from funds received by
the State under this subpart only if the entity agrees to
expend the funds to improve the education of limited
English proficient children and their families, through the
acquisition of English and the attainment of challenging
566
‘‘(b) AUTHORIZED SUBGRANTEE ACTIVITIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), a
State may make a subgrant to an eligible entity
from funds received by the State under this subpart
in order that the eligible entity may achieve one of
the purposes described in subsection (a) by under-
taking one or more of the following activities to im-
prove the understanding, and use, of the English
language, based on a child’s learning skills:
‘‘(A) Upgrading program objectives and ef-
fective instructional strategies.
‘‘(B) Improving the instruction program
for limited English proficient students by iden-
tifying, acquiring, and upgrading curricula, in-
structional materials, educational software, and
assessment procedures.
‘‘(C) Providing—
‘‘(i) tutorials and academic or voca-
tional education for limited English pro-
ficient children; and
‘‘(ii) intensified instruction.
‘‘(D) Developing and implementing com-
prehensive preschool or elementary or secondary
school English language instructional programs
567
that are coordinated with other relevant pro-
grams and services.
‘‘(E) Providing professional development to
classroom teachers, administrators, and other
school or community-based organizational per-
sonnel to improve the instruction and assess-
ment of children who are limited English pro-
ficient children.
‘‘(F) Improving the English language pro-
ficiency and academic performance of limited
English proficient children.
‘‘(G) Improving the instruction of limited
English proficient children by providing for the
acquisition or development of education tech-
nology or instructional materials, access to and
participation in electronic networks for mate-
rials, training and communications, and incor-
poration of such resources in curricula and pro-
grams, such as those funded under this sub-
part.
‘‘(H) Developing tutoring programs for
limited English proficient children that provide
early intervention and intensive instruction in
order to improve academic achievement, to in-
crease graduation rates among limited English
568
proficient children, and to prepare students for
transition as soon as possible into classrooms
where instruction is not tailored for limited
English proficient children.
‘‘(I) Providing family literacy services and
parent outreach and training activities to lim-
ited English proficient children and their fami-
lies to improve their English language skills and
assist parents in helping their children to im-
prove their academic performance.
‘‘(J) Other activities that are consistent
with the purposes of this subpart.
‘‘(2) MOVING CHILDREN OUT OF SPECIALIZED
CLASSROOMS.—Any program or activity undertaken
by an eligible entity using a subgrant from a State
under this subpart shall be designed to assist stu-
dents enrolled in the program or activity to attain
English proficiency and meet challenging State con-
tent standards and challenging State performance
standards as soon as possible and to move into a
classroom where instruction is not tailored for lim-
ited English proficient children.
‘‘(c) SELECTION OF METHOD OF INSTRUCTION.—To
receive a subgrant from a State under this subpart, an
eligible entity shall select one or more methods or forms
569
of instruction to be used in the programs and activities
undertaken by the entity to assist limited English pro-
ficient children to attain English proficiency and meet
challenging State content standards and challenging State
student performance standards. Such selection shall be
consistent with sections 7406 and 7407.
‘‘(d) DURATION OF SUBGRANTS.—The duration of a
subgrant made by a State under this section shall be de-
termined by the State in its discretion.
‘‘(e) APPLICATIONS BY ELIGIBLE ENTITIES.—
‘‘(1) IN GENERAL.—To receive a subgrant from
a State under this subpart, an eligible entity shall
submit an application to the State at such time, in
such form, and containing such information as the
State may require.
‘‘(2) REQUIRED DOCUMENTATION.—The appli-
cation shall describe the programs and activities pro-
posed to be developed, implemented, and adminis-
tered under the subgrant and shall provide an assur-
ance that the applicant will only employ teachers
and other personnel for the proposed programs and
activities who are proficient in English, including
written and oral communication skills.
‘‘(3) REQUIREMENTS FOR APPROVAL.—A State
may approve an application submitted by an eligible
570
entity for a subgrant under this subpart only if the
State determines that—
‘‘(A) the eligible entity will use qualified
personnel who have appropriate training and
professional credentials in teaching English to
children who are limited English proficient;
‘‘(B) if the eligible entity includes one or
more local educational agencies, each such
agency is complying with section 7103(b) prior
to, and throughout, each school year;
‘‘(C) the eligible entity annually will assess
the English proficiency of all children with lim-
ited English proficiency participating in pro-
grams funded under this subpart;
‘‘(D) the eligible entity has based its pro-
posal on sound research and theory;
‘‘(E) the eligible entity has described in the
application how students enrolled in the pro-
grams and activities proposed in the application
will be fluent in English after three academic
years of enrollment;
‘‘(F) the eligible entity will ensure that
programs will enable children to speak, read,
write, and comprehend the English language
571
and meet challenging State content and chal-
lenging State performance standards; and
‘‘(G) the eligible entity is not in violation
of any State law, including State constitutional
law, regarding the education of limited English
proficient children, consistent with sections
7406 and 7407.
‘‘(4) QUALITY.—In determining which applica-
tions to select for approval, a State shall consider
the quality of each application and ensure that it is
of sufficient size and scope to meet the purposes of
this subpart.
‘‘(f) ELIGIBLE ENTITIES.—For the purpose of this
section, the term ‘eligible entity’ means—
‘‘(1) one or more local educational agencies; or
‘‘(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization, or local or State edu-
cational agency.
‘‘SEC. 7135. DETERMINATION OF AMOUNT OF ALLOTMENT.
‘‘(a) IN GENERAL.—Except as provided in sub-
sections (b), (c), and (d), from the sum available for the
purpose of making grants to States under this subpart for
any fiscal year, the Secretary shall allot to each State an
amount which bears the same ratio to such sum as the
572
total number of children who are limited English pro-
ficient and who reside in the State bears to the total num-
ber of such children residing in all States (excluding the
Commonwealth of Puerto Rico and the outlying areas)
that, in accordance with section 7133, submit to the Sec-
retary an application for the year.
‘‘(b) PUERTO RICO.—From the sum available for the
purpose of making grants to States under this subpart for
any fiscal year, the Secretary shall allot to the Common-
wealth of Puerto Rico an amount equal to 1.5 percent of
the sums appropriated under section 7106(a).
‘‘(c) OUTLYING AREAS.—
‘‘(1) TOTAL
AVAILABLE
FOR
ALLOTMENT.—
From the sum available for the purpose of making
grants to States under this subpart for any fiscal
year, the Secretary shall allot to the outlying areas,
in accordance with paragraph (2), a total amount
equal to .5 percent of the sums appropriated under
section 7106(a).
‘‘(2) DETERMINATION
OF
INDIVIDUAL
AREA
AMOUNTS.—From the total amount determined
under paragraph (1), the Secretary shall allot to
each outlying area an amount which bears the same
ratio to such amount as the total number of children
who are limited English proficient and who reside in
573
the outlying area bears to the total number of such
children residing in all outlying areas that, in ac-
cordance with section 7133, submit to the Secretary
an application for the year.
‘‘(d) MINIMUM ALLOTMENT.—
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (a) through (c), and subject to section
7105, the Secretary shall not allot to any State, for
fiscal years 2000 through 2004, an amount that is
less than 100 percent of the baseline amount for the
State.
‘‘(2) BASELINE AMOUNT DEFINED.—For pur-
poses of this subsection, the term ‘baseline amount’,
when used with respect to a State, means the total
amount received under this part for fiscal year 2000
by the State, the State educational agency, and all
local educational agencies of the State.
‘‘(3) RATABLE
REDUCTION.—If the amount
available for allotment under this section for any fis-
cal year is insufficient to permit the Secretary to
comply with paragraph (1), the Secretary shall rat-
ably reduce the allotments to all States for such
year.
‘‘(e) USE OF STATE DATA FOR DETERMINATIONS.—
For purposes of subsections (a) and (c), any determination
574
of the number of children who are limited English pro-
ficient and reside in a State shall be made using the most
recent limited English proficient school enrollment data
available to, and reported to the Secretary by, the State.
The State shall provide assurances to the Secretary that
such data are valid and reliable.
‘‘(f) NO REDUCTION PERMITTED BASED ON TEACH-
ING METHOD.—The Secretary may not reduce a State’s
allotment based on the State’s selection of the immersion
method of instruction as its preferred method of teaching
the English language to children who are limited English
proficient.
‘‘SEC. 7136. DISTRIBUTION OF GRANTS TO ELIGIBLE ENTI-
TIES.
‘‘Of the amount required to be expended by a State
for subgrants to eligible entities—
‘‘(1) at least one-half shall be allocated to eligi-
ble entities that enroll a large percentage or a large
number of children who are limited English pro-
ficient, as determined based on the relative enroll-
ments of such children enrolled in the eligible enti-
ties; and
‘‘(2) the remainder shall be allocated on a com-
petitive basis to—
575
‘‘(A) eligible entities within the State to
address a need brought about through a signifi-
cant increase, as compared to the previous 2
years, in the percentage or number of children
who are limited English proficient in a school or
local educational agency, including schools and
agencies in areas with low concentrations of
such children; and
‘‘(B) other eligible entities serving limited
English proficient children.
‘‘SEC. 7137. SPECIAL RULE ON PRIVATE SCHOOL PARTICI-
PATION.
‘‘For purposes of this Act, this subpart shall be treat-
ed as a covered program, as defined in section 14101(10).
‘‘Subpart 3—Professional Development
‘‘SEC. 7141. PURPOSE.
‘‘The purpose of this subpart is to assist in preparing
educators to improve educational services for limited
English proficient children by supporting professional de-
velopment programs primarily aimed at improving and de-
veloping the skills of instructional staff in elementary and
secondary schools and on assisting limited English pro-
ficient children to attain English proficiency and meet
challenging State academic content standards and chal-
lenging State performance standards.
576
‘‘SEC. 7142. PROFESSIONAL DEVELOPMENT AND FELLOW-
SHIPS.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to award grants, as appropriate, to local educational
agencies, institutions of higher education, State edu-
cational agencies, public and private organizations in
consortium with a local educational agency, or a con-
sortium of such agencies or institutions, except that
any such consortium shall include a local educational
agency.
‘‘(2) GRANT PURPOSE.—Grants awarded under
this section shall be used for one or more of the fol-
lowing purposes:
‘‘(A) To develop and provide ongoing in-
service professional development, including pro-
fessional development necessary to receive cer-
tification as a teacher of limited English pro-
ficient children, for teachers of limited English
proficient children, school administrators and, if
appropriate, pupil services personnel, and other
educational personnel who are involved in, or
preparing to be involved in, the provision of
educational services to limited English pro-
ficient children.
577
‘‘(B) To provide for the incorporation of
courses and curricula on appropriate and effec-
tive instructional and assessment methodolo-
gies, strategies, and resources specific to limited
English proficient students into in-service pro-
fessional development programs for teachers,
administrators and, if appropriate, pupil serv-
ices personnel, and other educational personnel
in order to prepare such individuals to provide
effective services to limited English proficient
students.
‘‘(C) To upgrade the qualifications and
skills of teachers to ensure that they are fully
qualified (as defined by section 1610) and meet
high professional standards, including certifi-
cation and licensure as a teacher of limited
English proficient students.
‘‘(D) To upgrade the qualifications and
skills of paraprofessionals to ensure they meet
the requirements under section 1119 and meet
high professional standards to assist, as appro-
priate, teachers who instruct limited English
proficient students.
‘‘(E) To train secondary school students as
teachers of limited English proficient children
578
and to train, as appropriate, other education
personnel to serve limited English proficient
students.
‘‘(F) To award fellowships for—
‘‘(i) study in such areas as teacher
training, program administration, research
and evaluation, and curriculum develop-
ment, at the master’s, doctoral, or post-
doctoral degree level, related to instruction
of children and youth of limited English
proficiency; and
‘‘(ii) the support of dissertation re-
search related to such study.
‘‘(G) To recruit elementary and secondary
school teachers of limited English proficient
children.
‘‘(b) DURATION AND LIMITATION.—
‘‘(1) GRANT PERIOD.—Each grant under this
section shall be awarded for a period of not more
than 5 years.
‘‘(2) LIMITATION.—Not more than 15 percent
of the amount of the grant may be expended for the
purposes described in subparagraphs (F) and (G) of
subsection (a)(2).
579
‘‘(c) 
PROFESSIONAL
DEVELOPMENT
REQUIRE-
MENTS.—
‘‘(1) ACTIVITIES.—A recipient of a grant under
this section may use the grant funds for the fol-
lowing professional development activities:
‘‘(A) Designing and implementing of in-
duction programs for new teachers, including
mentoring and coaching by trained teachers,
team teaching with experienced teachers, com-
pensation for, and availability of, time for ob-
servation of, and consultation with, experienced
teachers, and compensation for, and availability
of, additional time for course preparation.
‘‘(B) Implementing collaborative efforts
among teachers to improve instruction in read-
ing and other core academic areas for students
with limited English proficiency, including pro-
grams that facilitate teacher observation and
analysis of fellow teachers’ classroom practice.
‘‘(C) Supporting long-term collaboration
among teachers and outside experts to improve
instruction of limited English proficient stu-
dents.
‘‘(D) Coordinating project activities with
other programs, such as those under the Head
580
Start Act, and titles I and II of this Act, and
titles II and V of the Higher Education Act of
1965.
‘‘(E) Developing curricular materials and
assessments for teachers that are aligned with
State and local standards and the needs of the
limited English proficient students to be served.
‘‘(F) Instructing teachers and, where ap-
propriate, other personnel working with limited
English children on how—
‘‘(i) to utilize test results to improve
instruction for limited English proficient
children so the children can meet the same
challenging State content standards and
challenging State performance standards
as other students; and
‘‘(ii) to help parents understand the
results of such assessments.
‘‘(G) Contracting with institutions of high-
er education to allow them to provide in-service
training to teachers, and, where appropriate,
other personnel working with limited English
proficient children to improve the quality of
professional development programs for limited
English proficient students.
581
‘‘(H) Such other activities as are con-
sistent with the purpose of this section.
‘‘(2) ADDITIONAL REQUIREMENTS FOR PROFES-
SIONAL DEVELOPMENT FUNDS.—Uses of funds re-
ceived 
under 
this 
section 
for 
professional
development—
‘‘(A) shall advance teacher understanding
of effective instructional strategies based on sci-
entifically based research for improving student
achievement;
‘‘(B) shall be of sufficient intensity and
duration (not to include 1-day or short-term
workshops and conferences) to have a positive
and lasting impact on teachers’ performance in
the classroom;
‘‘(C) shall be developed with extensive par-
ticipation of teachers, principals, parents, and
administrators of schools to be served under
subparts 1 and 2 of part A; and
‘‘(D) as a whole, shall be regularly evalu-
ated for their impact on increased teacher effec-
tiveness and improved student achievement,
with the findings of such evaluations used to
improve the quality of professional development.
‘‘(d) FELLOWSHIP REQUIREMENTS.—
582
‘‘(1) IN GENERAL.—Any person receiving a fel-
lowship under subsection (a)(2)(F) shall agree—
‘‘(A) to work as a teacher of limited
English proficient children, or in a program or
an activity funded under this part, for a period
of time equivalent to the period of time during
which the person receives such fellowship; or
‘‘(B) to repay the amount received pursu-
ant to the fellowship award.
‘‘(2) REGULATIONS.—The Secretary shall es-
tablish in regulations such terms and conditions for
agreements under paragraph (1) as the Secretary
deems reasonable and necessary and may waive the
requirement of such paragraph in extraordinary cir-
cumstances.
‘‘(3) PRIORITY.—In awarding fellowships under
this section, the Secretary shall give priority to fel-
lowship applicants applying for study or dissertation
research at institutions of higher education that
have demonstrated a high level of success in placing
fellowship recipients into employment in elementary
and secondary schools.
‘‘(4) INFORMATION.—The Secretary shall in-
clude information on the operation and the number
583
of fellowships awarded under this section in the eval-
uation required under section 7145.
‘‘SEC. 7143. APPLICATION.
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION TO SECRETARY.—In order to
receive a grant under section 7142, an agency, insti-
tution, organization, or consortium described in sub-
section (a)(1) of such section shall submit an appli-
cation to the Secretary at such time, in such form,
and containing such information as the Secretary
may require.
‘‘(2) CONTENTS.—Each such application shall
include—
‘‘(A) a description of the proposed profes-
sional development or graduate fellowship pro-
grams to be implemented with the grant;
‘‘(B) a description of the scientific research
on which the program or programs are based;
and
‘‘(C) an assurance that funds will be used
to supplement and not supplant other profes-
sional development activities that affect the
teaching and learning in elementary and sec-
ondary schools, as appropriate.
584
‘‘(b) APPROVAL.—The Secretary shall only approve
an application under this section if it meets the require-
ments of this section and is of sufficient quality to meet
the purposes of this subpart.
‘‘(c) SPECIAL RULES.—
‘‘(1) OUTREACH
AND
TECHNICAL
ASSIST-
ANCE.—The Secretary shall provide for outreach
and technical assistance to institutions of higher
education eligible for assistance under titles III and
V of the Higher Education Act of 1965 and institu-
tions of higher education that are operated or fund-
ed by the Bureau of Indian Affairs to facilitate the
participation of such institutions under this subpart.
‘‘(2) DISTRIBUTION.—In making awards under
this subpart, the Secretary shall ensure adequate
representation of Hispanic-serving institutions (as
defined in section 502 of the Higher Education Act
of 1965) that demonstrate competence and experi-
ence in the programs and activities authorized under
this subpart and are otherwise qualified.
‘‘SEC. 7144. PROGRAM EVALUATIONS.
‘‘Each recipient of funds under this subpart shall pro-
vide the Secretary with an evaluation of the program as-
sisted under this subpart every 2 years. Such evaluation
shall include data on—
585
‘‘(1) post-program placement of persons trained
in a program assisted under this subpart;
‘‘(2) how such training relates to the employ-
ment of persons served by the program;
‘‘(3) program completion; and
‘‘(4) such other information as the Secretary
may require.
‘‘SEC. 7145. USE OF FUNDS FOR SECOND LANGUAGE COM-
PETENCE.
‘‘Not more than 10 percent of the funds received
under this subpart may be used to develop any program
participant’s competence in a second language for use in
instructional programs.
‘‘Subpart 4—Research, Evaluation, and
Dissemination
‘‘SEC. 7151. AUTHORITY.
‘‘The Secretary shall conduct and coordinate, through
the Office of Educational Research and Improvement and
in coordination with the Office of Educational Services for
Limited English Proficient Children, research for the pur-
pose of improving English language and academic content
instruction for children who are limited English proficient.
Activities under this section shall be limited to research
to identify successful models for teaching limited English
proficient children English, research to identify successful
586
models for assisting such children to meet challenging
State content and student performance standards, and
distribution of research results to States for dissemination
to schools with populations of students who are limited
English proficient. Research conducted under this section
may not focus solely on any one method of instruction.
‘‘PART B—EMERGENCY IMMIGRANT EDUCATION
PROGRAM
‘‘SEC. 7201. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the education of our Nation’s children and
youth is one of the most sacred government respon-
sibilities;
‘‘(2) local educational agencies have struggled
to fund adequately education services; and
‘‘(3) immigration policy is solely a responsibility
of the Federal Government.
‘‘(b) PURPOSE.—The purpose of this part is to assist
eligible local educational agencies that experience unex-
pectedly large increases in their student population due
to immigration to—
‘‘(1) provide high-quality instruction to immi-
grant children and youth; and
‘‘(2) help such children and youth—
587
‘‘(A) with their transition into American
society; and
‘‘(B) meet the same challenging State per-
formance standards expected of all children and
youth.
‘‘SEC. 7202. STATE ADMINISTRATIVE COSTS.
‘‘For any fiscal year, a State educational agency may
reserve not more than 1.5 percent of the amount allocated
to such agency under section 7204 to pay the costs of per-
forming such agency’s administrative functions under this
part.
‘‘SEC. 7203. WITHHOLDING.
‘‘Whenever the Secretary, after providing reasonable
notice and opportunity for a hearing to any State edu-
cational agency, finds that there is a failure to meet the
requirement of any provision of this part, the Secretary
shall notify that agency that further payments will not be
made to the agency under this part, or in the discretion
of the Secretary, that the State educational agency shall
not make further payments under this part to specified
local educational agencies whose actions cause or are in-
volved in such failure until the Secretary is satisfied that
there is no longer any such failure to comply. Until the
Secretary is so satisfied, no further payments shall be
made to the State educational agency under this part, or
588
payments by the State educational agency under this part
shall be limited to local educational agencies whose actions
did not cause or were not involved in the failure, as the
case may be.
‘‘SEC. 7204. STATE ALLOCATIONS.
‘‘(a) PAYMENTS.—The Secretary shall, in accordance
with the provisions of this section, make payments to
State educational agencies for each of the fiscal years
2000 through 2004 for the purpose set forth in section
7201(b).
‘‘(b) ALLOCATIONS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (c) and (d), of the amount appropriated for
each fiscal year for this part, each State partici-
pating in the program assisted under this part shall
receive an allocation equal to the proportion of such
State’s number of immigrant children and youth
who are enrolled in public elementary or secondary
schools under the jurisdiction of each local edu-
cational agency described in paragraph (2) within
such State, and in nonpublic elementary or sec-
ondary schools within the district served by each
such local educational agency, relative to the total
number of immigrant children and youth so enrolled
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in all the States participating in the program as-
sisted under this part.
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—The local educational agencies referred to in
paragraph (1) are those local educational agencies in
which the sum of the number of immigrant children
and youth who are enrolled in public elementary or
secondary schools under the jurisdiction of such
agencies, and in nonpublic elementary or secondary
schools within the districts served by such agencies,
during the fiscal year for which the payments are to
be made under this part, is equal to—
‘‘(A) at least 500; or
‘‘(B) at least 3 percent of the total number
of students enrolled in such public or nonpublic
schools during such fiscal year,
whichever number is less.
‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN
AND YOUTH.—
‘‘(1) IN GENERAL.—Determinations by the Sec-
retary under this section for any period with respect
to the number of immigrant children and youth shall
be made on the basis of data or estimates provided
to the Secretary by each State educational agency in
accordance with criteria established by the Sec-
590
retary, unless the Secretary determines, after notice
and opportunity for a hearing to the affected State
educational agency, that such data or estimates are
clearly erroneous.
‘‘(2) SPECIAL RULE.—No such determination
with respect to the number of immigrant children
and youth shall operate because of an underestimate
or overestimate to deprive any State educational
agency of the allocation under this section that such
State would otherwise have received had such deter-
mination been made on the basis of accurate data.
‘‘(d) REALLOCATION.—Whenever the Secretary de-
termines that any amount of a payment made to a State
under this part for a fiscal year will not be used by such
State for carrying out the purpose for which the payment
was made, the Secretary shall make such amount available
for carrying out such purpose to one or more other States
to the extent the Secretary determines that such other
States will be able to use such additional amount for car-
rying out such purpose. Any amount made available to a
State from any appropriation for a fiscal year in accord-
ance with the preceding sentence shall, for purposes of this
part, be regarded as part of such State’s payment (as de-
termined under subsection (b)) for such year, but shall
591
remain available until the end of the succeeding fiscal
year.
‘‘(e) RESERVATION OF FUNDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this part, if the amount appropriated to
carry out this part exceeds $50,000,000 for a fiscal
year, a State educational agency may reserve not
more than 20 percent of such agency’s payment
under this part for such year to award grants, on a
competitive basis, to local educational agencies with-
in the State as follows:
‘‘(A) At least one-half of such grants shall
be made available to eligible local educational
agencies (as described in subsection (b)(2))
within the State with the highest numbers and
percentages of immigrant children and youth.
‘‘(B) Funds reserved under this paragraph
and not made available under subparagraph (A)
may be distributed to local educational agencies
within the State experiencing a sudden influx of
immigrant children and youth which are other-
wise not eligible for assistance under this part.
‘‘(2) USE OF GRANT FUNDS.—Each local edu-
cational agency receiving a grant under paragraph
592
(1) shall use such grant funds to carry out the ac-
tivities described in section 7207.
‘‘(3) INFORMATION.—Local educational agen-
cies with the highest number of immigrant children
and youth receiving funds under paragraph (1) may
make information available on serving immigrant
children and youth to local educational agencies in
the State with sparse numbers of such children.
‘‘SEC. 7205. STATE APPLICATIONS.
‘‘(a) SUBMISSION.—No State educational agency
shall receive any payment under this part for any fiscal
year unless such agency submits an application to the Sec-
retary at such time, in such manner, and containing or
accompanied by such information, as the Secretary may
reasonably require. Each such application shall—
‘‘(1) provide that the educational programs,
services, and activities for which payments under
this part are made will be administered by or under
the supervision of the agency;
‘‘(2) provide assurances that payments under
this part will be used for purposes set forth in sec-
tions 7201(b) and 7207, including a description of
how local educational agencies receiving funds under
this part will use such funds to meet such purposes
593
and will coordinate with other programs assisted
under this Act and other Acts as appropriate;
‘‘(3) provide an assurance that local educational
agencies receiving funds under this part will coordi-
nate the use of such funds with programs assisted
under part A or title I;
‘‘(4) provide assurances that such payments,
with the exception of payments reserved under sec-
tion 7204(e), will be distributed among local edu-
cational agencies within that State on the basis of
the number of immigrant children and youth count-
ed with respect to each such local educational agency
under section 7204(b)(1);
‘‘(5) provide assurances that the State edu-
cational agency will not finally disapprove in whole
or in part any application for funds received under
this part without first affording the local educational
agency submitting an application for such funds rea-
sonable notice and opportunity for a hearing;
‘‘(6) provide for making such reports as the
Secretary may reasonably require to perform the
Secretary’s functions under this part;
‘‘(7) provide assurances—
‘‘(A) that to the extent consistent with the
number of immigrant children and youth en-
594
rolled in the nonpublic elementary or secondary
schools within the district served by a local edu-
cational agency, such agency, after consultation
with appropriate officials of such schools, shall
provide for the benefit of such children and
youth secular, neutral, and nonideological serv-
ices, materials, and equipment necessary for the
education of such children and youth;
‘‘(B) that the control of funds provided
under this part to any materials, equipment,
and property repaired, remodeled, or con-
structed with those funds shall be in a public
agency for the uses and purposes provided in
this part, and a public agency shall administer
such funds and property; and
‘‘(C) that the provision of services pursu-
ant to this paragraph shall be provided by em-
ployees of a public agency or through contract
by such public agency with a person, associa-
tion, agency, or corporation who or which, in
the provision of such services, is independent of
such nonpublic elementary or secondary school
and of any religious organization, and such em-
ployment or contract shall be under the control
and supervision of such public agency, and the
595
funds provided under this paragraph shall not
be commingled with State or local funds;
‘‘(8) provide that funds reserved under section
7204(e) be awarded on a competitive basis based on
merit and need in accordance with such subsection;
and
‘‘(9) provide an assurance that State and local
educational agencies receiving funds under this part
will comply with the requirements of section
1120(b).
‘‘(b) APPLICATION REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall review
all applications submitted pursuant to this section
by State educational agencies.
‘‘(2) APPROVAL.—The Secretary shall approve
any application submitted by a State educational
agency that meets the requirements of this section.
‘‘(3) DISAPPROVAL.—The Secretary shall dis-
approve any application submitted by a State edu-
cational agency which does not meet the require-
ments of this section, but shall not finally disapprove
an application except after providing reasonable no-
tice, technical assistance, and an opportunity for a
hearing to the State.
596
‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS.
‘‘(a) NOTIFICATION
OF AMOUNT.—The Secretary,
not later than June 1 of each year, shall notify each State
educational agency that has an application approved under
section 7205 of the amount of such agency’s allocation
under section 7204 for the succeeding year.
‘‘(b) SERVICES TO CHILDREN ENROLLED IN NON-
PUBLIC SCHOOLS.—If by reason of any provision of law
a local educational agency is prohibited from providing
educational services for children enrolled in elementary
and secondary nonpublic schools, as required by section
7205(a)(7), or if the Secretary determines that a local
educational agency has substantially failed or is unwilling
to provide for the participation on an equitable basis of
children enrolled in such schools, the Secretary may waive
such requirement and shall arrange for the provision of
services, subject to the requirements of this part, to such
children. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in
accordance with the provisions of title I.
‘‘SEC. 7207. USES OF FUNDS.
‘‘(a) USE OF FUNDS.—Funds awarded under this
part shall be used to pay for enhanced instructional oppor-
tunities for immigrant children and youth, which may
include—
597
‘‘(1) family literacy, parent outreach, and train-
ing activities designed to assist parents to become
active participants in the education of their children;
‘‘(2) salaries of personnel, including teacher
aides who have been specifically trained, or are being
trained, to provide services to immigrant children
and youth;
‘‘(3) tutorials, mentoring, and academic or ca-
reer counseling for immigrant children and youth;
‘‘(4) identification and acquisition of curricular
materials, educational software, and technologies to
be used in the program;
‘‘(5) basic instructional services which are di-
rectly attributable to the presence in the school dis-
trict of immigrant children, including the costs of
providing additional classroom supplies, overhead
costs, costs of construction, acquisition or rental of
space, costs of transportation, or such other costs as
are directly attributable to such additional basic in-
structional services; and
‘‘(6) such other activities, related to the pur-
poses of this part, as the Secretary may authorize.
‘‘(b) CONSORTIA.—A local educational agency that
receives a grant under this part may collaborate or form
a consortium with one or more local educational agencies,
598
institutions of higher education, and nonprofit organiza-
tions to carry out the program described in an application
approved under this part.
‘‘(c) SUBGRANTS.—A local educational agency that
receives a grant under this part may, with the approval
of the Secretary, make a subgrant to, or enter into a con-
tract with, an institution of higher education, a nonprofit
organization, or a consortium of such entities to carry out
a program described in an application approved under this
part, including a program to serve out-of-school youth.
‘‘(d) CONSTRUCTION.—Nothing in this part shall be
construed to prohibit a local educational agency from serv-
ing immigrant children simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
‘‘SEC. 7208. REPORTS.
‘‘(a) BIENNIAL REPORT.—Each State educational
agency receiving funds under this part shall submit, once
every 2 years, a report to the Secretary concerning the
expenditure of funds by local educational agencies under
this part. Each local educational agency receiving funds
under this part shall submit to the State educational agen-
cy such information as may be necessary for such report.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall
submit, once every 2 years, a report to the appropriate
599
committees of the Congress concerning programs assisted
under this part in accordance with section 14701.
‘‘SEC. 7209. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $175,000,000 for fiscal year
2000 and such sums as may be necessary for each of the
4 succeeding fiscal years.
‘‘PART C—ADMINISTRATION
‘‘SEC. 7301. REPORTING REQUIREMENTS.
‘‘(a) STATES.—Based upon the evaluations provided
to a State under section 7403, each State receiving a
grant under this title annually shall report to the Sec-
retary on programs and activities undertaken by the State
under this title and the effectiveness of such programs and
activities in improving the education provided to children
who are limited English proficient.
‘‘(b) SECRETARY.—Every other year, the Secretary
shall prepare and submit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Labor and Human Resources of the
Senate a report on programs and activities undertaken by
States under this title and the effectiveness of such pro-
grams and activities in improving the education provided
to children who are limited English proficient.
600
‘‘SEC. 7302. COORDINATION WITH RELATED PROGRAMS.
‘‘In order to maximize Federal efforts aimed at serv-
ing the educational needs of children and youth of limited
English proficiency, the Secretary shall coordinate and en-
sure close cooperation with other programs serving lan-
guage-minority and limited English proficient students
that are administered by the Department and other agen-
cies.
‘‘PART D—GENERAL PROVISIONS
‘‘SEC. 7401. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) CHILDREN AND YOUTH.—The term ‘chil-
dren and youth’ means individuals aged 3 through
21.
‘‘(2) COMMUNITY-BASED ORGANIZATION.—The
term ‘community-based organization’ means a pri-
vate nonprofit organization of demonstrated effec-
tiveness or Indian tribe or tribally sanctioned edu-
cational authority which is representative of a com-
munity or significant segments of a community and
which provides educational or related services to in-
dividuals in the community. Such term includes a
Native Hawaiian or Native American Pacific Is-
lander native language educational organization.
‘‘(3) FAMILY LITERACY SERVICES.—The term
‘family literacy services’ means services provided to
601
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient
duration, 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 ex-
periences.
‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The
term ‘immigrant children and youth’ means individ-
uals who—
‘‘(A) are aged 3 through 21;
‘‘(B) were not born in any State; and
‘‘(C) have not been attending one or more
schools in any one or more States for more
than three full academic years.
‘‘(5) LIMITED
ENGLISH
PROFICIENT.—The
term ‘limited English proficient’, when used with
reference to an individual, means an individual—
602
‘‘(A) aged 3 through 21;
‘‘(B) who—
‘‘(i) was not born in the United
States;
‘‘(ii) comes from an environment
where a language other than English is
dominant and who normally uses a lan-
guage other than English;
‘‘(iii) is a Native American or Alaska
Native or who is a native resident of the
outlying areas and who normally uses a
language other than English; or
‘‘(iv) is migratory and whose native
language is other than English and who
normally uses a language other than
English; and
‘‘(C) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language that the difficulty may deny the indi-
vidual the opportunity—
‘‘(i) to learn successfully in a class-
room where the language of instruction is
English; or
‘‘(ii) to participate fully in society.
603
‘‘(6) NATIVE AMERICAN AND NATIVE AMERICAN
LANGUAGE.—The terms ‘Native American’ and ‘Na-
tive American language’ shall have the same mean-
ing given such terms in section 103 of the Native
American Languages Act of 1990.
‘‘(7) NATIVE HAWAIIAN OR NATIVE AMERICAN
PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL
ORGANIZATION.—The term ‘Native Hawaiian or Na-
tive American Pacific Islander native language edu-
cational organization’ means a nonprofit organiza-
tion with a majority of its governing board and em-
ployees consisting of fluent speakers of the tradi-
tional Native American languages used in their edu-
cational programs and with not less than 5 years
successful experience in providing educational serv-
ices in traditional Native American languages.
‘‘(8) NATIVE
LANGUAGE.—The term ‘native
language’, when used with reference to an individual
who is limited English proficient, means the lan-
guage normally used by such individual.
‘‘(9) OUTLYING
AREA.—The term ‘outlying
area’ means any of the following:
‘‘(A) The Virgin Islands of the United
States.
‘‘(B) Guam.
604
‘‘(C) American Samoa.
‘‘(D) The Commonwealth of the Northern
Mariana Islands.
‘‘(10) PARAPROFESSIONAL.—The term ‘para-
professional’ means an individual who is employed in
preschool, elementary or secondary school under the
supervision of a certified or licensed teacher, includ-
ing individuals employed in educational programs
serving limited English proficient children, special
education and migrant education.
‘‘(11) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, or any outlying area.
‘‘(12) TRIBALLY
SANCTIONED
EDUCATIONAL
AUTHORITY.—The term ‘tribally sanctioned edu-
cational authority’ means—
‘‘(A) any department or division of edu-
cation operating within the administrative
structure of the duly constituted governing body
of an Indian tribe; and
‘‘(B) any nonprofit institution or organiza-
tion that is—
‘‘(i) chartered by the governing body
of an Indian tribe to operate a school de-
scribed in section 7113(a) or otherwise to