103D CONGRESS
2D SESSION
H. R. 1804
AMENDMENT
TO
SENATE AMENDMENT
In the House of Representatives, U. S.,
February 23, 1994.
Resolved, That the House agree to the amendment of
the Senate to the bill (H.R. 1804) entitled ‘‘An Act to im-
prove learning and teaching by providing a national frame-
work for education reform; to promote the research, consen-
sus building, and systemic changes needed to ensure equitable
educational opportunities and high levels of educational
achievement for all American students; to provide a frame-
work for reauthorization of all Federal education programs;
to promote the development and adoption of a voluntary na-
tional system of skill standards and certifications, and for
other purposes’’, with the following
AMENDMENT:
In lieu of the matter inserted by said amendment,
insert:
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I—GOALS 2000: EDUCATE AMERICA ACT
Sec. 101. Purpose.
PART A—NATIONAL EDUCATION GOALS
Sec. 111. Purpose.
Sec. 112. National education goals.
PART B—NATIONAL EDUCATION REFORM, LEADERSHIP, STANDARDS, AND
ASSESSMENTS
SUBPART 1—NATIONAL EDUCATION GOALS PANEL
Sec. 121. Purpose.
Sec. 122. National Education Goals Panel.
Sec. 123. Duties.
Sec. 124. Powers of the Goals Panel.
Sec. 125. Administrative provisions.
Sec. 126. Director and staff; experts and consultants.
Sec. 127. Early childhood assessment.
SUBPART 2—NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL
Sec. 131. Purpose.
Sec. 132. National Education Standards and Improvement Council.
Sec. 133. Duties.
Sec. 134. Annual reports.
Sec. 135. Powers of the Council.
Sec. 136. Publication for public comment.
Sec. 137. Administrative provisions.
Sec. 138. Director and staff; experts and consultants.
Sec. 139. Opportunity-to-learn development grant.
Sec. 140. Assessment development and evaluation grants.
Sec. 141. Evaluation.
SUBPART 3—AUTHORIZATION OF APPROPRIATIONS
Sec. 145. Authorization of appropriations.
PART C—STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
Sec. 151. Congressional findings.
Sec. 152. Purpose.
Sec. 153. Authorization of appropriations.
Sec. 154. Allotment of funds.
Sec. 155. State applications.
Sec. 156. State improvement plans.
Sec. 157. Secretary’s review of applications; payments.
Sec. 158. State use of funds.
Sec. 159. Subgrants for local reform and professional development.
Sec. 160. Availability of information and training.
Sec. 161. Waivers of statutory and regulatory requirements.
Sec. 162. Progress reports.
Sec. 163. National leadership.
Sec. 164. Assistance to the outlying areas and to the Secretary of the Interior.
PART D—NATIONAL SKILL STANDARDS BOARD
Sec. 171. Purpose.
Sec. 172. Establishment of National Board.
Sec. 173. Functions of the National Board.
Sec. 174. Deadlines.
Sec. 175. Reports.
Sec. 176. Authorization of appropriations.
Sec. 177. Definitions.
PART E—MISCELLANEOUS
Sec. 181. Definitions.
Sec. 182. Limitations.
Sec. 183. Assessment of educational progress activities.
Sec. 184. Compliance with Buy American Act.
Sec. 185. Sense of Congress; requirement regarding notice.
Sec. 186. Prohibition of contracts.
PART F—PARENTAL INFORMATION AND RESOURCES
Sec. 191. Parental information and resources
Sec. 192. Eligibility.
Sec. 193. Uses of funds.
Sec. 194. Technical assistance.
Sec. 195. Experimental centers.
Sec. 196. Reports.
Sec. 197. Authorization of appropriations.
TITLE II—EDUCATIONAL RESEARCH, DEVELOPMENT, AND
DISSEMINATION EXCELLENCE ACT
Sec. 201. Findings.
PART A—GENERAL PROVISIONS REGARDING OFFICE OF EDUCATIONAL
RESEARCH AND IMPROVEMENT
Sec. 211. General provisions.
Sec. 212. Assistant Secretary for Educational Research and Improvement.
Sec. 213. Savings provision.
Sec. 214. Existing grants and contracts.
PART B—NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD
Sec. 221. Establishment within Office of Educational Research and Improvement.
PART C—NATIONAL RESEARCH INSTITUTES
Sec. 231. Establishment within Office of Educational Research and Improvement.
PART D—NATIONAL EDUCATION DISSEMINATION SYSTEM
Sec. 241. Establishment within Office of Educational Research and Improvement.
PART E—NATIONAL LIBRARY OF EDUCATION
Sec. 251. Establishment within Office of Educational Research and Improvement.
TITLE III—SAFE SCHOOLS ACT OF 1994
Sec. 301. Safe schools program authorized.
Sec. 302. Eligible applicants.
Sec. 303. Applications and plans.
Sec. 304. Grants and use of funds.
Sec. 305. National leadership.
Sec. 306. Reports.
Sec. 307. Definitions.
TITLE I—GOALS 2000: EDUCATE
AMERICA ACT
SEC. 101. PURPOSE.
The purpose of this Act is to provide a framework for
meeting the National Education Goals established by title
I of this Act by—
(1) promoting coherent, nationwide, systemic
education reform;
(2) improving the quality of learning and teach-
ing in the classroom and in the workplace;
(3) defining appropriate and coherent Federal,
State, and local roles and responsibilities for edu-
cation reform and lifelong learning;
(4) establishing valid, reliable, and fair mecha-
nisms for—
(A) building a broad national consensus on
American education reform;
(B) assisting in the development and certifi-
cation of high-quality, internationally competi-
tive content and student performance standards;
(C) assisting in the development and certifi-
cation of opportunity-to-learn standards; and
(D) assisting in the development and cer-
tification of high-quality assessment measures
that reflect the internationally competitive con-
tent and student performance standards;
(5) supporting new initiatives at the Federal,
State, local, and school levels to provide equal edu-
cational opportunity for all students to meet high
standards and to succeed in the world of employment
and civic participation;
(6) providing a framework for the reauthoriza-
tion of all Federal education programs by—
(A) creating a vision of excellence and eq-
uity that will guide all Federal education and
related programs;
(B) providing for the establishment of high-
quality, internationally competitive content and
student performance standards that all students
will be expected to achieve;
(C) providing for the establishment of high
quality, internationally competitive opportunity-
to-learn standards that all States, local edu-
cational agencies, and schools should achieve;
(D) encouraging and enabling all State
educational agencies and local educational agen-
cies to develop comprehensive improvement plans
that will provide a coherent framework for the
implementation of reauthorized Federal edu-
cation and related programs in an integrated
fashion that effectively educates all children ena-
bling them to participate fully as workers, par-
ents, and citizens; and
(E) providing resources to help individual
schools, including those serving students with
high needs, develop and implement comprehen-
sive improvement plans;
(7) stimulating the development and adoption of
a voluntary national system of skill standards and
certification to serve as a cornerstone of the national
strategy to enhance workforce skills; and
(8) assisting every elementary and secondary
school that receives funds under this Act to actively
involve parents and families in supporting the aca-
demic work of their children at home and in provid-
ing parents with skills to advocate for their children
at school.
PART A—NATIONAL EDUCATION GOALS
SEC. 111. PURPOSE.
The purpose of this title is to establish national edu-
cation goals.
SEC. 112. NATIONAL EDUCATION GOALS.
The Congress declares that the National Education
Goals are the following:
(1) SCHOOL READINESS.—(A) By the year 2000,
all children in America will start school ready to
learn.
(B) The objectives for this goal are that—
(i) all children will have access to high-
quality and developmentally appropriate pre-
school programs that help prepare children for
school;
(ii) every parent in America will be a
child’s first teacher and devote time each day to
helping his or her preschool child learn, and par-
ents will have access to the training and support
they need; and
(iii) all children will receive the nutrition
and health care needed to arrive at school with
healthy minds and bodies, and to maintain the
mental alertness necessary to be prepared to
learn, and the number of low-birthweight babies
will be significantly reduced through enhanced
prenatal health systems.
(2) SCHOOL
COMPLETION.—(A) By the year
2000, the high school graduation rate will increase to
at least 90 percent.
(B) The objectives for this goal are that—
(i) the Nation must dramatically reduce its
dropout rate, and 75 percent of those students
who do drop out will successfully complete a high
school degree or its equivalent; and
(ii) the gap in high school graduation rates
between American students from minority back-
grounds and their non-minority counterparts
will be eliminated.
(3) STUDENT ACHIEVEMENT AND CITIZENSHIP.—
(A) By the year 2000, all students will leave grades
4, 8, and 12 having demonstrated competency over
challenging subject matter including English, mathe-
matics, science, foreign languages, civics and govern-
ment, arts, history, and geography, and every school
in America will ensure that all students learn to use
their minds well, so they may be prepared for respon-
sible citizenship, further learning, and productive em-
ployment in our modern economy.
(B) The objectives for this goal are that—
(i) the academic performance of all students
at the elementary and secondary level will in-
crease significantly in every quartile, and the
distribution of minority students in each level
will more closely reflect the student population
as a whole;
(ii) the percentage of all students who dem-
onstrate the ability to reason, solve problems,
apply knowledge, and write and communicate ef-
fectively will increase substantially;
(iii) all students will be involved in activi-
ties that promote and demonstrate good citizen-
ship, community service, and personal respon-
sibility;
(iv) all students will have access to physical
education and health education to ensure they
are healthy and fit;
(v) the percentage of all students who are
competent in more than one language will sub-
stantially increase; and
(vi) all students will be knowledgeable about
the diverse cultural heritage of this Nation and
about the world community.
(4) TEACHER
EDUCATION
AND
PROFESSIONAL
DEVELOPMENT.—(A) By the year 2000, the Nation’s
teaching force will have access to programs for the
continued improvement of their professional skills and
the opportunity to acquire the knowledge and skills
needed to instruct and prepare all American students
for the next century.
(B) The objectives of this goal are that—
(i) every State will establish opportunity-to-
learn standards and create an integrated strat-
egy to attract, recruit, prepare, retrain, and sup-
port the continued professional development of
teachers, administrators, and other educators, so
that there is a highly talented workforce of pro-
fessional educators to teach challenging stand-
ards;
(ii) subgrants for preservice teacher edu-
cation and professional development activity will
be made to local educational agencies, institu-
tions of higher education, private nonprofit orga-
nizations, or consortia of such organizations, to
support continuing, sustained, professional devel-
opment activities for all educators; and
(iii) partnerships shall be established, when-
ever possible, between local educational agencies,
institutions of higher education, local labor, busi-
ness, and professional associations to provide
and support programs for the professional devel-
opment of educators, particularly in the area of
emerging new technologies in education.
(5) MATHEMATICS AND SCIENCE.—(A) By the
year 2000, United States students will be first in the
world in mathematics and science achievement.
(B) The objectives for this goal are that—
(i) math and science education, including
the metric system of measurement, will be
strengthened throughout the system, especially in
the early grades;
(ii) the number of teachers with a sub-
stantive background in mathematics and science,
including the metric system of measurement, will
increase by 50 percent; and
(iii) the number of United States under-
graduate and graduate students, especially
women and minorities, who complete degrees in
mathematics, science, and engineering will in-
crease significantly.
(6) ADULT
LITERACY
AND
LIFELONG
LEARN-
ING.—(A) By the year 2000, every adult American
will be literate and will possess the knowledge and
skills necessary to compete in a global economy and
exercise the rights and responsibilities of citizenship.
(B) The objectives for this goal are that—
(i) every major American business will be
involved in strengthening the connection between
education and work;
(ii) all workers will have the opportunity to
acquire the knowledge and skills, from basic to
highly technical, needed to adapt to emerging
new technologies, work methods, and markets
through public and private educational, voca-
tional, technical, workplace, or other programs;
(iii) the number of quality programs, in-
cluding those at libraries, that are designed to
serve more effectively the needs of the growing
number of part-time and midcareer students will
increase substantially;
(iv) the proportion of those qualified stu-
dents, especially minorities, who enter college,
who complete at least two years, and who com-
plete their degree programs will increase sub-
stantially;
(v) the proportion of college graduates who
demonstrate an advanced ability to think criti-
cally, communicate effectively, and solve prob-
lems will increase substantially; and
(vi) schools, in implementing comprehensive
parent involvement programs, will offer more
adult literacy, parent training and life-long
learning opportunities to improve the ties be-
tween home and school, and enhance parents’
work and home lives.
(7) 
SAFE, 
DISCIPLINED, 
AND
DRUG-FREE
SCHOOLS.—(A) By the year 2000, every school in
America will be free of drugs and violence and will
offer a disciplined environment conducive to learning.
(B) The objectives for this goal are that—
(i) every school will implement a firm and
fair policy on use, possession, and distribution of
drugs and alcohol;
(ii) parents, businesses, and community or-
ganizations will work together to ensure the
rights of students to study in a safe and secure
environment that is free of drugs and crime;
(iii) every school district will develop a
comprehensive K–12 drug and alcohol prevention
education program. Drug and alcohol curricula
should be taught as an integral part of health
education. In addition, community-based teams
should be organized to provide all students and
teachers with needed support; and
(iv) every school district will develop and
implement a policy to ensure that all schools are
free of weapons and violence.
(8) SCHOOL AND HOME PARTNERSHIP.—(A) By
the year 2000, every school and home will engage in
partnerships that will increase parental involvement
and participation in promoting the social, emotional,
and academic growth of children.
(B) The objectives for this goal are that—
(i) every State will develop policies to assist
local schools and local educational agencies to es-
tablish programs for increasing partnerships
that respond to the varying needs of parents and
the home, including parents of children who are
disadvantaged, bilingual, or disabled;
(ii) every school will actively engage par-
ents and families in a partnership which sup-
ports the academic work of children at home and
shared educational decision making at school;
(iii) every home will be responsible for cre-
ating an environment of respect for education
and providing the physical and emotional sup-
port needed for learning; and
(iv) parents and families will help to ensure
that schools are adequately supported and will
hold schools and teachers to high standards of ac-
countability.
PART B—NATIONAL EDUCATION REFORM,
LEADERSHIP, STANDARDS, AND ASSESSMENTS
Subpart 1—National Education Goals Panel
SEC. 121. PURPOSE.
It is the purpose of this part to establish a bipartisan
mechanism for—
(1) building a national consensus for education
improvement;
(2) reporting on progress toward achieving the
National Education Goals; and
(3) reviewing the voluntary national content and
student performance standards and opportunity-to-
learn standards certified by the National Education
Standards and Improvement Council, as well as the
criteria for their certification, and the criteria for the
certification of State assessments by the National
Education Standards and Improvement Council with
the option of disapproving such standards and cri-
teria not later than 60 days after receipt from such
Council.
SEC. 122. NATIONAL EDUCATION GOALS PANEL.
(a) ESTABLISHMENT.—There is established in the exec-
utive branch a National Education Goals Panel (referred
to in this Act as the ‘‘Goals Panel’’) to advise the President,
the Secretary, and the Congress.
(b) COMPOSITION.—The Goals Panel shall be composed
of eighteen members (referred to in this part as ‘‘members’’),
including—
(1) two members appointed by the President;
(2) eight members who are Governors, three of
whom shall be from the same political party as the
President and five of whom shall be of the opposite
political party of the President, appointed by the
Chairperson and Vice Chairperson of the National
Governors’ Association, with each appointing rep-
resentatives of his or her respective political party, in
consultation with each other;
(3) four Members of Congress appointed as fol-
lows—
(A) one member appointed by the majority
leader of the Senate from among the Members of
the Senate;
(B) one member appointed by the minority
leader of the Senate from among the Members of
the Senate;
(C) one member appointed by the majority
leader of the House of Representatives from
among the Members of the House of Representa-
tives; and
(D) one member appointed by the minority
leader of the House of Representatives from
among the Members of the House of Representa-
tives; and
(4) four members of State legislatures appointed
by the President of the National Conference of State
Legislatures, of whom not more than two may be of
the same political party as the President of the
United States.
(c) SPECIAL APPOINTMENT RULES.—(1) The members
appointed pursuant to subsection (b)(2) shall be appointed
as follows:
(A) If the Chairperson of the National Gov-
ernors’ Association is from the same political party
as the President, the Chairperson shall appoint three
individuals and the Vice Chairperson shall appoint
five individuals.
(B) If the Chairperson of the National Gov-
ernors’ Association is from the opposite political
party as the President, the Chairperson shall appoint
five individuals and the Vice Chairperson shall ap-
point three individuals.
(2) If the National Governors’ Association has ap-
pointed a panel that meets the requirements of subsections
(b) and (c), except for the requirements of subsection (b)(4),
prior to the date of enactment of this title, then the members
serving on such panel shall be deemed to be in compliance
with subsections (b) and (c) and shall not be required to
be reappointed pursuant to such subsections.
(3) To the extent feasible, the membership of the Goals
Panel shall be geographically representative and reflect the
racial, ethnic, and gender diversity of the United States.
(d) TERMS.—The terms of service of members shall be
as follows:
(1) Members appointed under subsection (b)(1)
shall serve at the pleasure of the President.
(2) Members appointed under subsection (b)(2)
shall serve a two-year term, except that the initial ap-
pointments under such paragraph shall be made to
ensure staggered terms with one-half of such members’
terms concluding every two years.
(3) Members appointed under subsection (b) (3)
and (4) shall serve a term of two years.
(e) DATE
OF APPOINTMENT.—The initial members
shall be appointed not later than sixty days after the date
of enactment of this Act.
(f) INITIATION.—The Goals Panel may begin to carry
out its duties under this part when ten members of the
Goals Panel have been appointed.
(g) VACANCIES.—A vacancy on the Goals Panel shall
not affect the powers of the Goals Panel, but shall be filled
in the same manner as the original appointment.
(h) TRAVEL.—Each member may be allowed travel ex-
penses, including per diem in lieu of subsistence, as author-
ized by section 5703 of title 5, United States Code, for each
day the member is engaged in the performance of duties
away from the home or regular place of business of the
member.
(i) CHAIRPERSON.—From among the members, the
President shall appoint the Chairperson who shall serve a
one-year term and shall alternate between political parties.
(j) CONFLICT OF INTEREST.—A member of the Goals
Panel who is an elected official of a State which has devel-
oped content, student performance, or opportunity-to-learn
standards may not participate in Goals Panel consider-
ation of such standards.
(k) EX OFFICIO MEMBER.—If the President has not
appointed the Secretary of Education as 1 of the 2 members
he appoints pursuant to subsection (b)(1), then the Sec-
retary shall serve as a nonvoting ex officio member of the
Goals Panel.
SEC. 123. DUTIES.
(a) DUTIES.—The Goals Panel shall—
(1) report to the President, the Secretary, and
the Congress regarding the progress the Nation and
the States are making toward achieving the National
Education Goals established under title I of this Act,
including issuing an annual report;
(2) report on State opportunity-to-learn stand-
ards and the progress of States in meeting such
standards;
(3) review, after taking into consideration the
public comments received pursuant to section 136,
with the option of disapproving by a two-thirds ma-
jority vote of the full membership not later than 60
days after receipt of the—
(A) criteria developed by the National Edu-
cation Standards and Improvement Council for
the certification of content and student perform-
ance standards, assessments, and opportunity-to-
learn standards; and
(B) voluntary national content and student
performance standards and opportunity-to-learn
standards certified by the National Education
Standards and Improvement Council;
(4) report on promising or effective actions being
taken at the national, State, and local levels, in the
public and private sectors, to achieve the National
Education Goals; and
(5) help build a nationwide, bipartisan consen-
sus for the reforms necessary to achieve the National
Education Goals.
(b) REPORT.—(1) The Goals Panel shall annually pre-
pare and submit to the President, the Secretary, the appro-
priate committees of Congress, and the Governor of each
State a report that shall—
(A) report on the progress of the United States
toward achieving the National Education Goals;
(B) identify actions that should be taken by Fed-
eral, State, and local governments to enhance progress
toward achieving the National Education Goals and
State opportunity-to-learn standards; and
(C) report on State opportunity-to-learn stand-
ards and the progress of States in meeting such
standards.
(2) Reports shall be presented in a form, and include
data, that is understandable to parents and the general
public.
SEC. 124. POWERS OF THE GOALS PANEL.
(a) HEARINGS.—(1) The Goals Panel shall, for the
purpose of carrying out this part, conduct such hearings,
sit and act at such times and places, take such testimony,
and receive such evidence, as the Goals Panel considers ap-
propriate.
(2) In carrying out this part, the Goals Panel shall
conduct hearings to receive reports, views, and analyses of
a broad spectrum of experts and the public on the establish-
ment of voluntary national content and student perform-
ance standards, assessments, and opportunity-to-learn
standards.
(b) INFORMATION.—The Goals Panel may secure di-
rectly from any department or agency of the United States
information necessary to enable the Goals Panel to carry
out this part. Upon request of the Chairperson of the Goals
Panel, the head of a department or agency shall furnish
such information to the Goals Panel to the extent permitted
by law.
(c) POSTAL SERVICES.—The Goals Panel may use the
United States mail in the same manner and under the same
conditions as other departments and agencies of the United
States.
(d) USE OF FACILITIES.—The Goals Panel may, with
consent, use the research, equipment, services, and facilities
of any agency or instrumentality of the United States, or
of any State or political subdivision thereof.
(e) ADMINISTRATIVE
ARRANGEMENTS
AND
SUP-
PORT.—(1) The Secretary shall provide to the Goals Panel,
on a reimbursable basis, such administrative support serv-
ices as the Goals Panel may request.
(2) The Secretary shall, to the extent appropriate, and
on a reimbursable basis, make contracts and other arrange-
ments that are requested by the Goals Panel to help it com-
pile and analyze data or carry out other functions necessary
to the performance of such responsibilities.
SEC. 125. ADMINISTRATIVE PROVISIONS.
(a) MEETINGS.—The Goals Panel shall meet on a reg-
ular basis, as necessary, at the call of the Chairperson of
the Goals Panel or a majority of its members.
(b) QUORUM.—A majority of the members shall con-
stitute a quorum for the transaction of business.
(c) VOTING.—No individual may vote, or exercise any
of the powers of a member, by proxy.
(d) PUBLIC ACCESS.—The Goals Panel shall ensure
public access to its proceedings (other than proceedings, or
portions of proceedings, relating to internal personnel and
management matters) and make available to the public, at
reasonable cost, transcripts of such proceedings.
SEC. 126. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.
(a) DIRECTOR.—The Chairperson of the Goals Panel
shall, without regard to the provisions of title 5, United
States Code, relating to the appointment and compensation
of officers or employees of the United States, appoint a Di-
rector to be paid at a rate not to exceed the rate of basic
pay payable for level V of the Executive Schedule.
(b) APPOINTMENT AND PAY OF EMPLOYEES.—(1)(A)
The Director may appoint not more than four additional
employees to serve as staff to the Goals Panel without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service.
(B) The employees appointed under paragraph (1)(A)
may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of that title relating
to classification and General Schedule pay rates, but shall
not be paid a rate that exceeds the maximum rate of basic
pay payable for GS–15 of the General Schedule.
(2) The Director may appoint additional employees to
serve as staff to the Goals Panel consistent with title 5,
United States Code.
(c) EXPERTS AND CONSULTANTS.—The Goals Panel
may procure temporary and intermittent services of experts
and consultants under section 3109(b) of title 5, United
States Code.
(d) STAFF OF FEDERAL AGENCIES.—Upon the request
of the Goals Panel, the head of any department or agency
of the United States may detail any of the personnel of such
agency to the Goals Panel to assist the Goals Panel in its
duties under this part.
SEC. 127. EARLY CHILDHOOD ASSESSMENT.
(a) GENERAL.—(1) The Goals Panel shall support the
work of its Resource and Technical Planning Groups on
School Readiness (referred to in this section as the Groups)
to improve the methods of assessing the readiness of children
for school that would lead to alternatives to currently used
norm-referenced early childhood assessments.
(2) The Groups shall—
(A) create clear guidelines regarding the nature,
functions, and uses of early childhood assessments, in-
cluding a model of school readiness that addresses a
broad range of early childhood developmental needs;
(B) monitor and evaluate early childhood assess-
ments, including the ability of existing assessments to
provide valid information on the readiness of children
for school; and
(C) monitor and report on the long-term collec-
tion of data on the status of young children to im-
prove policy and practice, including the need for new
sources of data necessary to assess the broad range of
early childhood developmental needs.
(b) ADVICE.—The Groups shall advise and assist the
Congress, the Secretary, the Goals Panel, and others regard-
ing how to improve the assessment of young children and
how such assessments can improve services to children.
(c) REPORT.—The Goals Panel shall provide reports
on the work of the Groups to the Congress, the Secretary,
and the public.
Subpart 2—National Education Standards and
Improvement Council
SEC. 131. PURPOSE.
The purpose of this part is to establish a mechanism
to—
(1) certify and regularly review voluntary na-
tional content and student performance standards
that define what all students should know and be able
to do;
(2) certify content and student performance
standards submitted by States on a voluntary basis,
if such standards are of equal or higher quality to the
voluntary national content and student performance
standards certified by the National Education Stand-
ards and Improvement Council;
(3) certify and regularly review voluntary na-
tional opportunity-to-learn standards that describe
the conditions of teaching and learning necessary for
all students to have a fair opportunity to achieve the
knowledge and skills described in the voluntary na-
tional content and student performance standards
certified by the National Education Standards and
Improvement Council;
(4) certify opportunity-to-learn standards sub-
mitted by States on a voluntary basis, if such stand-
ards are of equal or higher quality as compared with
the voluntary national opportunity-to-learn stand-
ards; and
(5) certify assessment systems submitted by
States on a voluntary basis, if such systems are
aligned with State content standards certified by the
National Education Standards and Improvement
Council and if such systems are valid, reliable, and
consistent with relevant, nationally recognized, profes-
sional and technical standards for assessment when
used for their intended purposes.
SEC. 132. NATIONAL EDUCATION STANDARDS AND IM-
PROVEMENT COUNCIL.
(a) ESTABLISHMENT.—There is established in the exec-
utive branch a National Education Standards and Im-
provement Council (referred to in this title as the
‘‘Council’’).
(b) COMPOSITION.—The Council shall be composed of
twenty members (referred to in this part as ‘‘members’’)
who shall be appointed as follows:
(1) 8 members (2 from each of subparagraphs
(A) through (D) of subsection (c)(1)) shall be ap-
pointed by the President;
(2) 4 members (1 from each of subparagraphs
(A) through (D) of subsection (c)(1)) shall be ap-
pointed by the Speaker of the House of Representa-
tives, in consultation with the majority and minority
leaders of the House;
(3) 4 members (1 from each of subparagraphs
(A) through (D) of subsection (c)(1)) shall be ap-
pointed by the majority leader of the Senate, in con-
sultation with the minority leader of the Senate; and
(4) 4 members (1 from each of subparagraphs
(A) through (D) of subsection (c)(1)) shall be ap-
pointed by the National Education Goals Panel.
(c) QUALIFICATIONS.—(1) The members of the Council
shall include—
(A) 5 professional educators, including elemen-
tary and secondary classroom teachers, preschool edu-
cators and other school-based professionals, local dis-
trict or State administrators, related service person-
nel, and other educators;
(B) 5 representatives of business and industry,
organized labor, and postsecondary educational insti-
tutions, including at least 1 representative of post-
secondary educational institutions, at least 1 rep-
resentative of organized labor, and at least 1 rep-
resentative of business who is also a member of the
National Skill Standards Board;
(C) 5 representatives of the public, including
representatives of advocacy, civil rights and disability
groups, parents, civic leaders, and local and State
education policymakers (including State, local, or
tribal school boards); and
(D) 5 education experts, including experts in
measurement and assessment, curriculum, school fi-
nance and equity, and school reform.
(2) To the extent feasible, the membership of the Coun-
cil shall be geographically representative of the United
States and reflect the diversity of the United States with
regard to race, ethnicity, gender, and disability characteris-
tics.
(3) One-third of the Council shall consist of individ-
uals with expertise in the educational needs of children who
are from low-income families, minority backgrounds, have
limited-English proficiency, or have disabilities.
(d) TERMS.—(1) Members shall be appointed for 3-
year terms, with no member serving more than 2 consecu-
tive terms.
(2) The Council shall establish by lot initial terms for
individuals of one, two, or three years in order to establish
a rotation in which one-third of the members are selected
each year.
(e) DATE
OF APPOINTMENT.—The initial members
shall be appointed not later than 120 days after the date
of enactment of this Act.
(f) INITIATION.—The Council shall begin to carry out
the duties of the Council under this part when all 20 mem-
bers have been appointed.
(g) RETENTION.—In order to retain an appointment
to the Council, a member must attend at least two-thirds
of the scheduled meetings of the Council in any given year.
(h) VACANCY.—A vacancy on the Council shall not af-
fect the powers of the Council, but shall be filled in the same
manner as the original appointment.
(i) COMPENSATION.—Members of the Council who are
not regular full-time employees of the United States may,
while attending meetings or hearings of the Council, be pro-
vided compensation at a rate fixed by the Secretary, but
not exceeding the maximum rate of basic pay payable for
GS–15 of the General Schedule.
(j) CONFLICT OF INTEREST.—(1) A member of the
Council may not concurrently serve as a member of the
Goals Panel.
(2) Section 208 of title 18 of the United States Code
shall apply to members of the Council except that, for the
purposes of making written determinations under sub-
section (b)(1), the Government official responsible for the
appointment of any member of the Council is deemed to
be the Director of the Office of Government Ethics.
(3) A member of the Council who resides in a State
which has developed standards and assessments may not
participate in Council consideration of such standards and
assessments.
(k) TRAVEL.—Each member of the Council may be al-
lowed travel expenses, including per diem in lieu of subsist-
ence, as authorized by section 5703 of title 5, United States
Code, for each day the member is engaged in the perform-
ance of duties away from the home or regular place of busi-
ness of the member.
(l) OFFICERS.—The members of the Council shall select
officers from among its members. The officers of the Council
shall serve for one-year terms.
SEC. 133. DUTIES.
(a) VOLUNTARY NATIONAL CONTENT STANDARDS.—
(1) The Council shall—
(A) identify areas in which voluntary national
content standards need to be developed;
(B) certify voluntary national content and stu-
dent performance standards using the criteria devel-
oped under paragraph (2)(A)(i), that define what all
students should know and be able to do;
(C) forward such voluntary national content and
student performance standards to the Goals Panel for
review, except that the Goals Panel shall have the op-
tion of disapproving such standards by a two-thirds
majority vote of the full membership not later than 60
days after receipt of such standards; and
(D) develop a process for regularly reviewing
any national voluntary content, student performance,
and opportunity-to-learn standards that have been
certified.
(2)(A) The Council shall—
(i) identify and develop criteria to be used for
certifying the voluntary national content and student
performance standards; and
(ii) before applying such criteria, forward them
to the Goals Panel for review, except that the Goals
Panel shall have the option of disapproving such cri-
teria by a two-thirds majority vote of the full mem-
bership not later than 60 days after receipt of such
criteria.
(B) The criteria developed by the Council shall ad-
dress—
(i) the extent to which the proposed standards
are internationally competitive and comparable to the
best in the world;
(ii) the extent to which the proposed content and
student performance standards reflect the best avail-
able knowledge about how all students learn and
about how the content area can be most effectively
taught;
(iii) the extent to which the proposed content and
student performance standards have been developed
through an open and public process that provides for
input and involvement of all relevant parties, includ-
ing teachers, related services personnel, and other pro-
fessional educators, employers and postsecondary edu-
cation institutions, curriculum and subject matter
specialists, parents, advocacy groups, and the public;
and
(iv) other factors that the Council deems appro-
priate.
(C) In developing the criteria, the Council shall work
with entities that are developing, or have already developed,
content and student performance standards, and any other
entities that the Council deems appropriate, to identify ap-
propriate certification criteria.
(b) VOLUNTARY STATE CONTENT STANDARDS.—The
Council may certify content and student performance
standards presented on a voluntary basis by States, using
the criteria developed under subsection (a)(2)(A)(i), if such
standards are of equal or higher quality to the voluntary
national content and student performance standards cer-
tified by the Council.
(c) VOLUNTARY NATIONAL OPPORTUNITY-TO-LEARN
STANDARDS.—(1) The Council shall certify exemplary, vol-
untary national opportunity-to-learn standards that will
establish a basis for providing all students a fair oppor-
tunity to achieve the knowledge and skills set out in the
voluntary national content standards certified by the
Council.
(2) The voluntary national opportunity-to-learn
standards certified by the Council shall address—
(A) the quality and availability of curricula, in-
structional materials, and technologies, including dis-
tance learning, to all students;
(B) the capability of teachers to provide high-
quality instruction to meet diverse learning needs in
each content area to all students;
(C) the extent to which teachers, principals, and
administrators have ready and continuing access to
professional development, including the best knowl-
edge about teaching, learning, and school improve-
ment;
(D) the extent to which curriculum, instructional
practices, and assessments are aligned to content
standards;
(E) the extent to which school facilities provide
a safe and secure environment for learning and in-
struction and have the requisite libraries, labora-
tories, and other resources necessary to provide an op-
portunity to learn;
(F) the extent to which schools utilize policies,
curricula, and instructional practices which ensure
nondiscrimination on the basis of gender; and
(G) other factors that the Council deems appro-
priate to ensure the students receive a fair oppor-
tunity to achieve the knowledge and skills described in
the voluntary content and student performance stand-
ards certified by the Council.
(3) In carrying out this subsection, the Council shall—
(A) identify what countries with rigorous content
standards do to—
(i) provide their children with opportunities
to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional devel-
opment opportunities for their teachers; and
(B) develop criteria to be used for certifying the
voluntary national and State opportunity-to-learn
standards and, before applying such criteria, forward
them to the Goals Panel for review, except that the
Goals Panel shall have the option of disapproving
such standards by a two-thirds majority vote of the
full membership not later than 60 days after receipt
of such criteria.
(4) The Council shall assist in the development of the
voluntary national opportunity-to-learn standards devel-
oped by the consortium under section 139 by—
(A) making recommendations to the Secretary
regarding priorities and selection criteria for the
award made under section 139 and
(B) coordinating with the consortium receiving
an award under section 139 to ensure that the oppor-
tunity-to-learn standards the consortium develops are
appropriate for the needs of all students, are of high
quality, and are consistent with the criteria developed
by the Council for the certification of such standards.
(5) The Council shall forward the voluntary national
opportunity-to-learn standards it certifies to the Goals
Panel for review, except that the Goals Panel shall have
the option of disapproving such standards by a two-thirds
majority vote of the full membership not later than 60 days
after receipt of such standards.
(d) 
VOLUNTARY
STATE
OPPORTUNITY-TO-LEARN
STANDARDS.—The Council may certify opportunity-to-
learn standards submitted voluntarily by a State, using the
criteria developed under subsection (c)(3)(B), if such stand-
ards are of equal or higher quality as compared to the vol-
untary national opportunity-to-learn standards.
(e) GENERAL PROVISION REGARDING VOLUNTARY NA-
TIONAL STANDARDS.—The Council may certify voluntary
national content, student performance, and opportunity-to-
learn standards if such standards are sufficiently general
to be used by any State without restricting State and local
control of curriculum and prerogatives regarding instruc-
tional methods to be employed.
(f) ASSESSMENTS.—(1)(A) The Council may certify an
assessment system that is submitted voluntarily by a State,
using the criteria developed under paragraph (2)(A), if such
system is aligned with the State’s content standards cer-
tified by the Council.
(B) Assessment systems shall be certified by the Coun-
cil for the purposes of—
(i) informing students, parents, teachers, and re-
lated services personnel about the progress of all stu-
dents toward the standards;
(ii) improving classroom instruction and im-
proving the learning outcomes for all students;
(iii) exemplifying for students, parents, and
teachers the kinds and levels of achievement that
should be expected of all students, including the iden-
tification of student performance standards;
(iv) measuring and motivating individual stu-
dents, schools, districts, States, and the Nation to im-
prove educational performance; and
(v) assisting education policymakers in making
decisions about education programs.
(C) The Council shall certify an assessment system
only if—
(i) the State has established or adopted oppor-
tunity-to-learn standards;
(ii) such system will not be used to make deci-
sions regarding graduation, grade promotion, or re-
tention of students for a period of five years from the
date of enactment of this Act; and
(iii) the State has submitted—
(I) a description of the purposes for which
the assessment system has been designed;
(II) the methodologies and process used to
develop, select, validate, and use such assessment
systems;
(III) a copy of the test instrument and, as
appropriate, other measures that will make up
the system; and
(IV) evidence that the test or tests which are
part of the assessment system are valid, reliable
measures of their intended purposes, are aligned
with the State content standards, are capable of
assessing the progress of all students toward
learning the material in the State content stand-
ards, and are consistent with relevant nationally
recognized professional and technical standards.
(D) The Council shall, at the request of a State prior
to developing an assessment system for a proposed use, re-
view and provide guidance to such State on a proposed
package of measures, including tests that would be included
in such a system.
(2)(A) The Council shall develop and, no sooner than
three years or later than four years after the enactment of
this Act, begin utilizing criteria for the certification of as-
sessment systems for the purposes indicated in paragraph
(1)(B). Before using such criteria, the Council shall forward
the criteria to the Goals Panel for review, except that the
Goals Panel shall have the option of disapproving such cri-
teria by a two-thirds majority vote of the full membership
not later than 60 days after receipt of such criteria.
(B) The certification criteria developed by the Council
shall address the extent to which the assessment system—
(i) is aligned with State content standards cer-
tified by the Council; and
(ii) is to be used for a purpose for which it is
valid, reliable, free of discrimination, and is consist-
ent with relevant, nationally recognized professional
and technical standards for assessment.
(C) In determining appropriate certification criteria,
the Council shall—
(i) consider standards and criteria being devel-
oped by other national organizations, research on as-
sessment, and emerging new State and local assess-
ments;
(ii) recommend needed research;
(iii) encourage the development and field testing
of assessment systems; and
(iv) provide a public forum for discussing, debat-
ing, and building consensus for the criteria to be used
for the certification of assessment systems.
(D) Prior to determining the certification criteria, the
Council shall seek public comment regarding the proposed
criteria.
(E) The Council shall certify an assessment system
only if such system includes all students.
(g) PERFORMANCE OF DUTIES.—In carrying out its
responsibilities under this title, the Council shall—
(1) provide for a process of broad public input
as part of the process of developing criteria for stand-
ards and assessments;
(2) work with Federal and non-Federal agencies
and organizations which are conducting research,
studies, or demonstration projects to determine inter-
nationally competitive standards and assessments,
and may establish subject matter and other panels to
advise it on particular content, student performance,
and opportunity-to-learn standards and on assess-
ments;
(3) establish cooperative arrangements with the
National Skill Standards Board to promote the co-
ordination of the development of content and student
performance standards under this title with the devel-
opment of skill standards under title IV of this Act;
(4) recommend studies to the Secretary that are
necessary to carry out the Council’s responsibilities;
(5) inform the public about what constitutes high
quality, internationally competitive, content, student
performance, and opportunity-to-learn standards, and
assessment systems;
(6) on a regular basis, review and update cri-
teria for certifying content, student performance, and
opportunity-to-learn standards, and assessment sys-
tems; and
(7) periodically recertify, as appropriate, the vol-
untary national content and student performance
standards, and the voluntary national opportunity-
to-learn standards and the assessments that it cer-
tifies under this section.
(h) UNCONDITIONED
STATE
PARTICIPATION.—No
State shall be required to obtain certification of standards
or assessments developed under subsection (b), (d), or (f)
of this section or to participate in programs under title III
of this Act, as a condition of participating in any Federal
education program under this or any other Act.
SEC. 134. ANNUAL REPORTS.
Not later than one year after the date the Council con-
cludes its first meeting, and in each succeeding year, the
Council shall prepare and submit a report to the President,
the Secretary, the appropriate committees of Congress, the
Governor of each State, and the Goals Panel regarding its
work.
SEC. 135. POWERS OF THE COUNCIL.
(a) HEARINGS.—(1) The Council shall, for the purpose
of carrying out its responsibilities, conduct such hearings,
sit and act at such times and places, take such testimony,
and receive such evidence, as the Council considers appro-
priate.
(2) In carrying out this part, the Council shall conduct
public hearings in different geographic areas of the United
States, both urban and rural, to receive the reports, views,
and analyses of a broad spectrum of experts and the public
on the establishment of voluntary national content, student
performance, and opportunity-to-learn standards, and as-
sessment systems.
(b) INFORMATION.—The Council may secure directly
from any department or agency of the United States infor-
mation necessary to enable the Council to carry out this
part. Upon request of the Chairperson of the Council, the
head of a department or agency shall furnish such informa-
tion to the Council to the extent permitted by law.
(c) POSTAL SERVICES.—The Council may use the
United States mail in the same manner and under the same
conditions as other departments and agencies of the United
States.
(d) USE OF FACILITIES.—The Council may, with their
consent, use the research, equipment, services, and facilities
of any agency or instrumentality of the United States, or
of any State or political subdivision thereof.
(e) ADMINISTRATIVE
ARRANGEMENTS
AND
SUP-
PORT.—(1) The Secretary shall provide to the Council, on
a reimbursable basis, such administrative support services
as the Council may request.
(2) The Secretary shall, to the extent appropriate, and
on a reimbursable basis, make contracts and other arrange-
ments that are requested by the Council to help it compile
and analyze data or carry out other functions necessary to
the performance of its responsibilities.
SEC. 136. PUBLICATION FOR PUBLIC COMMENT.
(a) TRANSMITTAL.—For the purpose of obtaining pub-
lic comment through publication in the Federal Register,
the Council shall transmit to the Secretary—
(1) proposed criteria for certifying national and
State content and performance standards;
(2) proposed criteria for certifying national and
State opportunity-to-learn standards;
(3) proposed criteria for certifying State assess-
ment systems; and
(4) proposed national content, performance, and
opportunity-to-learn standards.
(b) PUBLICATION.—The Secretary shall publish such
proposed procedures, standards, and criteria in the Federal
Register.
SEC. 137. ADMINISTRATIVE PROVISIONS.
(a) MEETINGS.—The Council shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Council, or a majority of its members.
(b) QUORUM.—A majority of the members shall con-
stitute a quorum for the transaction of business.
(c) VOTING.—The Council shall take all action of the
Council by a majority vote of the total membership of the
Council, ensuring the right of the minority to issue written
views. No individual may vote or exercise any of the powers
of a member by proxy.
(d) PUBLIC ACCESS.—The Council shall ensure public
access to its proceedings (other than proceedings, or por-
tions of proceedings, relating to internal personnel and
management matters) and make available to the public, at
reasonable cost, transcripts of such proceedings.
SEC. 138. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.
(a) DIRECTOR.—The Chairperson of the Council shall,
without regard to the provisions of title 5, United States
Code, relating to the appointment and compensation of offi-
cers or employees of the United States, appoint a Director
to be paid at a rate not to exceed the rate of basic pay
payable for level V of the Executive Schedule.
(b) APPOINTMENT AND PAY OF EMPLOYEES.—(1)(A)
The Director may appoint not more than four additional
employees to serve as staff to the Council without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service.
(B) The employees appointed under subparagraph (A)
may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of that title relating
to classification and General Schedule pay rates, but shall
not be paid a rate that exceeds the maximum rate of basic
pay payable for GS–15 of the General Schedule.
(2) The Director may appoint additional employees to
serve as staff of the Council consistent with title 5, United
States Code.
(c) EXPERTS AND CONSULTANTS.—The Council may
procure temporary and intermittent services under section
3019(b) of title 5, United States Code.
(d) STAFF OF FEDERAL AGENCIES.—Upon the request
of the Council, the head of any department or agency of
the United States may detail any of the personnel of such
department or agency to the Council to assist the Council
in its duties under this part.
SEC. 139. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.
(a) 
OPPORTUNITY-TO-LEARN
DEVELOPMENT
GRANT.—(1) The Secretary is authorized to make a grant,
on a competitive basis, to a consortium of individuals and
organizations to develop voluntary national opportunity-to-
learn standards consistent with the provisions of section
123(c).
(2) To the extent possible, such consortium shall in-
clude the participation of—
(A) State-level policymakers, such as Governors,
State legislators, chief State school officers, and State
school board members;
(B) local policymakers and administrators, such
as local school board members, superintendents, and
principals;
(C) teachers (especially teachers involved in the
development of content standards);
(D) parents and individuals with experience in
promoting parental involvement in education;
(E) representatives of business;
(F) experts in vocational-technical education;
(G) representatives of regional accrediting asso-
ciations;
(H) individuals with expertise in school finance
and equity, the education of at-risk students, and the
preparation and training of teachers and school ad-
ministrators;
(I) curriculum and school reform experts;
(J) student and civil rights advocacy groups;
(K) representatives of higher education; and
(L) secondary school students.
(3) In developing voluntary national opportunity-to-
learn standards, such consortium shall—
(A) draw upon current research about student
achievement and the necessary conditions for effective
teaching and learning; and
(B) provide for the development of several con-
secutive drafts of standards which incorporate the
comments and recommendations of educators and
other knowledgeable individuals across the Nation.
(4) One-third of the consortium shall consist of indi-
viduals with expertise in the educational needs and assess-
ment of children who are from low-income families, minor-
ity backgrounds, have limited-English proficiency, or have
disabilities.
(5) The membership of the consortium shall be geo-
graphically representative and reflect the racial, ethnic, and
gender diversity of the United States.
(b) APPLICATIONS.—(1) Any consortium that desires
to receive a grant under this subsection shall submit an ap-
plication to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
(2) In awarding such grant, the Secretary shall give
priority to applications from consortia which involve indi-
viduals and organizations with the greatest diversity of per-
spectives and points of view.
(3) In establishing additional priorities and selection
criteria for such grant, the Secretary shall give serious con-
sideration to the recommendations made by the Council
pursuant to section 123(c)(4)(A).
(c) REPORT.—After the development of the voluntary
national opportunity-to-learn standards, the consortium
funded under this section shall submit a report to the Sec-
retary which discusses the background, important issues,
and rationale regarding such standards.
SEC. 140. ASSESSMENT DEVELOPMENT AND EVALUATION
GRANTS.
(a) GENERAL.—(1) The Secretary is authorized to
make grants to States and local educational agencies or
consortia of such agencies to help defray the cost of develop-
ing, field testing, and evaluating assessment systems, to be
used for some or all of the purposes indicated in section
123(f)(1)(B), that are aligned to State content standards
certified by the Council.
(2) The Secretary shall reserve a portion of the funds
authorized under section 141(d) for grants to State edu-
cational agencies and local educational agencies for pur-
poses of developing such assessments in languages other
than English.
(b) APPLICATIONS.—A State, local educational agency,
or consortium of such agencies that desires to receive a
grant under subsection (a)(1) shall submit an application
to the Secretary at such time, in such manner, and contain-
ing such information and assurances as the Secretary may
require.
(c) REQUIREMENTS.—(1) A recipient of a grant under
this section shall—
(A) examine the validity and reliability of an
assessment system for the particular purposes for
which such assessment system was developed;
(B) ensure that an assessment system is consist-
ent with relevant, nationally recognized professional
and technical standards for assessments; and
(C) devote special attention to how an assessment
system, treats all students, especially with regard to
the race, gender, ethnicity, disability, and language
proficiency.
(2) An assessment system developed and evaluated
with funds under this section may not be used for decisions
about individual students relating to program placement,
promotion, or retention, graduation, or employment for a
period of five years from the date of enactment of this Act.
SEC. 141. EVALUATION.
(a) GRANT.—From funds reserved under section
154(a)(2), the Secretary annually shall make a grant, in
an amount not to exceed $500,000, to the Commission on
Behavioral and Social Sciences and Education of the Na-
tional Academy of Sciences or to the National Academy of
Education to—
(1) evaluate—
(A) the technical quality of the work per-
formed by the Goals Panel and the Council;
(B) the process the Council uses to develop
criteria for certification of standards and assess-
ments;
(C) the process the Council uses to certify
voluntary national standards as well as stand-
ards and assessments voluntarily submitted by
States; and
(D) the process the Goals Panel uses to ap-
prove certification criteria and voluntary na-
tional standards;
(2) periodically provide to the Goals Panel and
the Council, as appropriate, information from the
evaluation under paragraph (1); and
(3) report on the activities authorized under sec-
tions 139 and 140.
(b) REPORT.—The grant recipient shall periodically
report to the Congress, the Secretary, and the public regard-
ing findings and shall make a final report not later than
January 1, 1998.
Subpart 3—Authorization of Appropriations
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
(a) NATIONAL EDUCATION GOALS PANEL.—There are
authorized to be appropriated $3,000,000 for fiscal year
1994 and such sums as may be necessary for each of the
four succeeding fiscal years to carry out part A of this title.
(b) NATIONAL EDUCATION STANDARDS AND IMPROVE-
MENT COUNCIL.—There are authorized to be appropriated
$3,000,000 for fiscal year 1994 and such sums as may be
necessary for each of the fiscal years 1995 through 1998 to
carry out part B of this title.
(c) OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.—
There are authorized to be appropriated $3,000,000 for fis-
cal year 1994 and such sums as may be necessary for fiscal
year 1995 to carry out the Opportunity-to-Learn Develop-
ment Grant Program established under section 139 of this
title.
(d) ASSESSMENT DEVELOPMENT
AND EVALUATION
GRANTS.—There are authorized to be appropriated
$5,000,000 for fiscal year 1994 and such sums as may be
necessary for each of the fiscal years 1995 through 1998 to
carry out the Assessment Development and Evaluation
Grants Program established under section 140 of this title.
PART C—STATE AND LOCAL EDUCATION
SYSTEMIC IMPROVEMENT
SEC. 151. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) all students can learn and achieve high
standards and must realize their potential if the
United States is to prosper;
(2) the reforms in education of the last 15 years
have achieved some good results, but these efforts often
have been limited to a few schools or to a single part
of the educational system;
(3) leadership must come both from teachers, re-
lated services personnel, principals, and parents in
individual schools and from policymakers at the local,
State, tribal, and national levels, in order for lasting
improvements in student performance to occur;
(4) simultaneous top-down and bottom-up edu-
cation reform is necessary to spur creative and inno-
vative approaches by individual schools to help all
students achieve internationally competitive stand-
ards;
(5) strategies must be developed by communities
and States to support the revitalization of all local
public schools by fundamentally changing the entire
system of public education through comprehensive, co-
herent, and coordinated improvement in order to in-
crease student learning;
(6) parents, teachers, and other local educators,
and business, community, and tribal leaders must be
involved in developing systemwide improvement strat-
egies that reflect the needs of their individual commu-
nities;
(7) State and local education improvement ef-
forts must incorporate strategies for providing all stu-
dents and families with coordinated access to appro-
priate social services, health care, nutrition, and child
care to remove preventable barriers to learning and
enhance school readiness for all students;
(8) States and local educational agencies, work-
ing together, must immediately set about developing
and implementing such systemwide improvement
strategies if the Nation is to educate all children to
meet their full potential and achieve the National
Education Goals listed in title I of this Act;
(9) State and local systemic improvement strate-
gies must provide all students with effective mecha-
nisms and appropriate paths to the workforce as well
as to higher education;
(10) business should be encouraged to enter into
partnerships with schools, provide information and
guidance to schools on the needs of area business for
properly educated graduates in general and on the
need for particular workplace skills, that the schools
may provide necessary material and support, and
continue the lifelong learning process throughout the
employment years of an individual, and schools
should provide information to business regarding how
the business community can assist schools in meeting
the goals of this Act;
(11) institutions of higher education should be
encouraged to enter into partnerships with schools to
provide information and guidance to schools on the
skills and knowledge graduates need in order to enter
and successfully complete postsecondary education,
and schools should provide information and guidance
to institutions of higher education on the skills,
knowledge, and preservice training teachers need, and
the types of professional development educators need
in order to meet the goals of this Act;
(12) the appropriate and innovative use of tech-
nology, including distance learning, can be very effec-
tive in helping to bring all students the opportunity
to learn and meet high standards; and
(13) Federal funds should be targeted to support
local and State initiatives, and to leverage State and
local resources for designing and implementing sys-
tem-wide improvement plans.
SEC. 152. PURPOSE.
The purpose of this title is to improve the quality of
education for all students by improving student learning
through a long-term, broad-based effort to promote coherent
and coordinated improvements in the system of education
throughout the Nation at the local and State levels. This
title provides new authorities and funding for the Nation’s
school systems without replacing or reducing funding for
existing Federal education programs. It is the intention of
the Congress that no State or local educational agency will
reduce its funding for education or for education reform on
account of receiving any funds under this title.
SEC. 153. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there are
authorized to be appropriated $393,000,000 for the fiscal
year 1994, and such sums as may be necessary for each
of the fiscal years 1995 through 1998.
SEC. 154. ALLOTMENT OF FUNDS.
(a) RESERVATIONS OF FUNDS.—From funds appro-
priated under section 153, the Secretary—
(1) shall reserve a total of one percent to provide
assistance, in amounts determined by the Secretary—
(A) to the outlying areas; and
(B) to the Secretary of the Interior to bene-
fit Indian students in schools operated or funded
by the Bureau of Indian Affairs (referred to in
this Act as the ‘‘Bureau’’); and
(2) may reserve a total of up to 6 percent for—
(A) national leadership activities under sec-
tion 163;
(B) the costs of peer review of State im-
provement plans and applications under this
title; and
(C) evaluation activities under section 141.
(b) STATE ALLOTMENTS.—The Secretary shall allot
the remaining amount appropriated under section 153 for
each fiscal year to the States (which for the purposes of this
subsection does not include the outlying areas) as follows:
(1) 50 percent of such remaining amount shall
be allocated in accordance with the relative amounts
such State received under chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 for
the preceding fiscal year.
(2) 50 percent of such remaining amount shall
be allocated in accordance with the relative amounts
each such State received under part A of chapter 2 of
title I of the Elementary and Secondary Education
Act of 1965 for the preceding fiscal year.
(c) REALLOTMENTS.—If the Secretary determines that
any amount of a State’s allotment for any fiscal year under
subsection (b) will not be needed for such fiscal year by the
State, the Secretary shall reallot such amount to other
States that need additional funds, in such manner as the
Secretary determines is appropriate.
SEC. 155. STATE APPLICATIONS.
(a) GENERAL.—(1) If a State desires to receive a grant
under this title, the State educational agency shall submit
an application to the Secretary at such time and in such
manner as the Secretary may determine.
(2) In addition to the information described in sub-
sections (b) and (c), each such application shall include—
(A) an assurance that the State educational
agency will cooperate with the Secretary in carrying
out the Secretary’s responsibilities under section 162,
and will comply with reasonable requests of the Sec-
retary for data related to the State’s progress in de-
veloping and implementing its State improvement
plan under this title;
(B) an assurance that State law provides ade-
quate authority to carry out each component of the
State’s improvement plan developed, or to be devel-
oped under section 156, or that such authority will be
sought;
(C) an assurance that the standards developed
for student achievement are not less rigorous than stu-
dent achievement standards used prior to the date of
enactment of this Act;
(D) an assurance that the State will provide for
broad public participation in the planning process;
and
(E) such other assurances and information as
the Secretary may require.
(b) FIRST YEAR.—A State’s application for the first
year of assistance under this title shall—
(1) describe the process by which the State will
develop a school improvement plan that meets the re-
quirements of section 156; and
(2) describe how the State educational agency
will use funds received under this title for such year,
including how the State educational agency will make
subgrants to local educational agencies and for teach-
er training.
(c) SUBSEQUENT YEARS.—A State’s second applica-
tion under this title shall—
(1) cover the second through fifth years of its
participation;
(2) include a copy of the State’s improvement
plan that meets the requirements of section 156 or, if
the State plan is not complete, a statement of the
steps it will take to complete the plan and a schedule
for doing so; and
(3) include an explanation of how the State will
use funds received under this title, including how it
will make subgrants to local educational agencies and
for teacher training under section 159(b)(1).
SEC. 156. STATE IMPROVEMENT PLANS.
(a) BASIC SCOPE OF PLAN.—Any State educational
agency that wishes to receive a grant under this title after
its first year of participation shall develop and implement
a plan for the fundamental restructuring and improvement
of elementary and secondary education in the State. This
plan must address—
(1) in accordance with subsection (c), the estab-
lishment or adoption of challenging content and stu-
dent performance standards for all students and the
use of curricula, instructional practices, assessments,
technology, parental involvement programs, and pro-
fessional preparation and development approaches
appropriate to help all students reach such standards;
(2) in accordance with subsection (d), the estab-
lishment or adoption of opportunity-to-learn stand-
ards that will define the conditions of teaching and
learning that provide all students the opportunity to
meet the challenging content and student performance
standards;
(3) in accordance with subsection (e), needed
changes in the governance and management of the
education system in order to effectively focus schools
on, and assist them in, preparing all students to meet
the challenging State standards;
(4) in accordance with subsection (f), comprehen-
sive strategies to involve communities, including par-
ents, businesses, libraries, institutions of higher edu-
cation, employment and training agencies, health and
human service agencies, advocacy groups, cultural in-
stitutions, and other public and private agencies that
provide social services, health care, child care, early
childhood education, and nutrition to students, in
helping all students meet the challenging State stand-
ards;
(5) in accordance with subsection (g), strategies
for ensuring that all local educational agencies and
schools within the State are involved in developing
and implementing needed improvements within a
specified period of time;
(6) in accordance with subsection (h), strategies
for ensuring that comprehensive, systemic reform is
promoted from the bottom up in communities, local
educational agencies, and schools; and
(7) the needs of the children, ages 5 through 18,
who are out of school and the extent to which such
children can be brought back into the education sys-
tem and meet the standards set forth in this Act.
(b) PLAN DEVELOPMENT.—(1) A State improvement
plan under this title must be developed by a broad-based
panel (referred to in this title as the ‘‘panel’’) in coopera-
tion with the State educational agency and the Governor.
The panel shall include—
(A) the Governor and the chief State school offi-
cer, or their designees;
(B) the chairman of the State board of education
and the chairmen of the appropriate authorizing com-
mittees of the State legislature, or their designees;
(C) teachers, principals, and administrators who
have successfully improved student performance and
deans of colleges of education;
(D) representatives of teacher organizations, par-
ents, institutions of higher education, business and
labor leaders, community-based organizations, Indian
tribes, local boards of education, State and local offi-
cials responsible for health, social services, and other
related services, and others, as appropriate;
(E) representatives from rural and urban local
educational agencies in the State; and
(F) experts in educational measurement and as-
sessment.
(2) The Governor and the chief State school officer
shall each appoint half the members of the State panel. The
full panel shall establish the procedures regarding the oper-
ation of the panel, including the designation of the panel
chairperson.
(3) To the extent feasible, the membership of the panel
shall be geographically representative of the State and re-
flect the diversity of the population of the State with regard
to race, ethnicity, gender, and disability characteristics.
(4) One-third of the panel members shall be individ-
uals with expertise in the educational needs and assess-
ments of children who are from low-income families, minor-
ity group backgrounds, have limited-English proficiency, or
have disabilities.
(5) The panel shall consult the Governor, the chief
State school officer, the State board of education, and rel-
evant committees of the State legislature in developing the
plan.
(6) The panel shall be responsible for conducting a
statewide, grassroots outreach process, including conducting
public hearings, to involve educators, related services per-
sonnel, parents, secondary school students, local officials,
private nonprofit elementary and secondary schools, com-
munity and business leaders, Indian tribes, citizens, chil-
dren’s advocates, and others with a stake in the success of
students and their education system, and who are represent-
ative of the diversity of the State and its student popu-
lation, in the development of the State plan and in a
continuing dialog regarding the need for and nature of chal-
lenging standards for all students and local and State re-
sponsibilities for helping all students achieve them.
(7) The panel shall develop a continuing process for
interacting with local educational agencies and individual
schools engaged in systemic reform, especially including
local educational agencies and schools which receive
subgrants under section 159 of this Act, to ensure that the
development and implementation of the State plan reflects
their needs and experiences.
(8) The panel shall develop a State plan, provide op-
portunity for public comment, and submit the State plan
to the State educational agency for approval.
(9) The State educational agency shall submit the
original State improvement plan developed by the panel
and the State improvement plan if modified by such agen-
cy, together with an explanation of any changes made by
such agency to the plan developed by the panel, to the Sec-
retary for approval.
(10) If any portion of the State plan addresses matters
that, under State or other applicable law, are not under
the authority of the State educational agency, the State edu-
cational agency shall obtain the approval of, or changes to,
such portion, with an explanation from the Governor or
other official responsible for that portion before submitting
the plan to the Secretary.
(11) After approval of the State plan by the Secretary,
the panel, in close consultation with teachers, principals,
administrators, school boards, advocacy groups, advocates
of children with disabilities and parents in local edu-
cational agencies and schools receiving funds under this
title, shall monitor the implementation and effectiveness of
the State plan to determine if revisions are appropriate,
and shall periodically report its findings to the public.
(c) TEACHING, LEARNING, STANDARDS, AND ASSESS-
MENTS.—Each State plan shall establish strategies and a
timetable for improving teaching and learning, including—
(1) a process for developing or adopting chal-
lenging content and student performance standards
for all students which includes coordinating the
standards developed pursuant to section 115 of the
Carl D. Perkins Vocational and Applied Technology
Education Act of 1990;
(2) a process for providing assistance and sup-
port to local educational agencies and schools to give
them the capacity and responsibility to provide all
students the opportunity to increase education
achievement and meet challenging State content and
student performance standards;
(3) assessing the effectiveness and equity of the
school finance program of the State to identify dis-
parities in the resources available to each local edu-
cational agency and school in such State and how
such disparities affect the ability of the State edu-
cational agency and local educational agencies to de-
velop and implement plans under this title;
(4) a process for developing, adopting, or rec-
ommending instructional materials, including gender
equitable and multicultural materials, and technology
to support and assist local educational agencies and
schools to provide all students the opportunity to meet
the challenging State content and student perform-
ance standards;
(5) a process for developing and implementing a
valid and nondiscriminatory assessment system or set
of locally-based assessment systems which are consist-
ent with relevant, nationally recognized, professional
and technical standards for assessment, and are capa-
ble of providing coherent information about student
attainments relative to the State content standards;
(6) a process for monitoring the implementation
of such system or systems and the impact on im-
proved instruction for all students;
(7) a process for improving the State’s system of
teacher and school administrator preparation, licen-
sure, and continuing professional development so that
all teachers, related services personnel, and adminis-
trators develop the subject matter and pedagogical ex-
pertise needed to prepare all students to meet the
challenging standards under paragraph (1);
(8) a process for providing appropriate and ef-
fective professional development, including the use of
technology, distance learning, and gender-equitable
methods, necessary for teachers, school administrators,
and others to help all students meet the challenging
standards under paragraph (1); and
(9) a process to ensure widespread participation
of classroom teachers in developing the portions of the
plan described in this subsection.
(d) 
OPPORTUNITY-TO-LEARN
STANDARDS.—Each
State plan shall establish a strategy and timetable for—
(1) adopting or establishing opportunity-to-learn
standards that are consistent with the challenging
content and student performance standards that have
been adopted or established;
(2) ensuring that every school in the State is
making demonstrable progress toward meeting the
State’s opportunity-to-learn standards;
(3) ensuring that the State’s opportunity-to-
learn standards address the need of all students;
(4) providing for periodic assessments of the ex-
tent to which opportunity-to-learn standards are
being met throughout the State; and
(5) periodically reporting to the public on the ex-
tent of the State’s improvement in achieving such
standards and providing all students with a fair op-
portunity to achieve the knowledge and skill levels
that meet the State’s content and student performance
standards.
(e) GOVERNANCE
AND MANAGEMENT.—Each State
plan shall establish strategies for improved governance and
management of its education system, such as—
(1) aligning responsibility, authority, and ac-
countability throughout the education system, so that
decisions regarding content and student performance
standards are coordinated and decisions regarding the
means for achieving such standards are made closest
to the learners;
(2) creating an integrated and coherent ap-
proach to attracting, recruiting, preparing and li-
censing, appraising, rewarding, retaining, and sup-
porting the continued professional development of
teachers (including vocational teachers), administra-
tors, and other educators, including bilingual edu-
cators and special education providers, so that there
is a highly talented workforce of professional edu-
cators capable of preparing all students to reach chal-
lenging standards, with special attention to the re-
cruitment, training, and retention of qualified mi-
norities into the education profession within the State
to ensure that the profession reflects the racial and
ethnic diversity of the student population;
(3) providing incentives for high performance,
such as—
(A) working with employers and institu-
tions of higher education to devise strategies to
reward student achievement;
(B) incentives for classroom teachers, prin-
cipals, and other professional educators to par-
ticipate in professional development activities;
and
(C) school-based incentives for schools and
local educational agencies to improve student
performance;
(4) increasing the proportion of State and local
funds allocated to direct instructional purposes; and
(5) increasing flexibility for local educational
agencies and schools by, for example—
(A) waiving State regulations and other re-
quirements that impede educational improve-
ment;
(B) focusing accountability on educational
outcomes rather than monitoring compliance
with input requirements; and
(C) fostering conditions that allow teachers,
principals, and parents in the school community
to be creative in helping all students meet chal-
lenging standards.
(f) PARENTAL
AND COMMUNITY SUPPORT
AND IN-
VOLVEMENT.—Each State plan shall describe strategies for
how the State will involve parents and other community
members in planning, designing, and implementing its
plan, including such strategies as—
(1) educating the public about the need for high-
er standards, systemic improvement, and awareness
of diverse learning needs;
(2) involving parents, communities, and advo-
cacy groups in the standard-setting and improvement
process;
(3) linking the family and school in supporting
students to meet the challenging student content and
performance standards established;
(4) reporting, on an ongoing basis, to parents,
educators, and the public on the progress in imple-
menting the plan and improving student perform-
ance;
(5) focusing public and private community re-
sources and public school resources on prevention and
early intervention to address the needs of all students
by—
(A) identifying and removing unnecessary
regulations and obstacles to coordination;
(B) improving communication and infor-
mation exchange; and
(C) providing appropriate training to agen-
cy personnel; and
(6) increasing the access of all students to social
services, health care, nutrition, related services, and
child care services, and locating such services in
schools, cooperating service agencies, community-
based centers, or other convenient sites designed to
provide ‘‘one-stop shopping’’ for parents and students.
(g) MAKING THE IMPROVEMENTS SYSTEMWIDE.—To
help provide all students throughout the State the oppor-
tunity to meet challenging State standards, each State plan
shall describe strategies such as—
(1) ensuring that the improvement efforts expand
from the initial local educational agencies, schools,
and educators involved to all local educational agen-
cies, schools, and educators in the State education
system through such approaches as teacher and ad-
ministrator professional development, technical assist-
ance, whole school projects, intensive summer train-
ing, and networking of teachers and other educators,
consortia of schools, and local educational agencies
undertaking similar improvements;
(2) developing partnerships among preschools, el-
ementary and secondary schools, institutions of higher
education, cultural institutions, health and social
service providers, and employers to improve teaching
and learning at all levels of the education system for
all students and to foster collaboration and continu-
ous improvement;
(3) developing strategies to provide for the close
coordination of standards development and improve-
ment efforts among institutions of higher education
and secondary, and elementary schools;
(4) conducting parental involvement activities
and outreach programs aimed at parents whose lan-
guage is a language other than English, individuals
with disabilities, and other special populations, in-
cluding American Indians, Alaskan Natives, and Na-
tive Hawaiians, to involve all segments of the commu-
nity in the development of the State plan;
(5) developing partnerships with Indian tribes
and schools funded by the Bureau, where appropriate,
to improve consistency and compatibility in curricu-
lum among public and such schools funded by the
Bureau at all grade levels;
(6) allocating all available local, State, and Fed-
eral resources to achieve system-wide improvement;
(7) providing for the development of objective cri-
teria and measures against which the success of local
plans will be evaluated;
(8) providing for the availability of curricular
materials, learning technologies, including distance
learning, and professional development in a manner
ensuring equal access by all local educational agencies
in the State;
(9) taking steps to ensure that all local edu-
cational agencies, schools, and educators in the State
benefit from successful programs and practices sup-
ported by funds made available to local educational
agencies and schools under this title; and
(10) providing assistance to students, teachers,
schools, and local educational agencies that are iden-
tified through the assessment system developed under
subsection (c)(5) as needing such assistance.
(h) PROMOTING BOTTOM-UP REFORM.—Each State
plan shall include strategies for ensuring that comprehen-
sive, systemic reform is promoted from the bottom up in
communities, local educational agencies, and schools, as
well as guided by coordination and facilitation from State
leaders, including strategies such as—
(1) ensuring that the State plan is responsive to
the needs and experiences of local educational agen-
cies, schools, teachers, the community, and parents;
(2) establishing mechanisms for continuous
input from local schools, communities, advocacy
groups, institutions of higher education, and local
educational agencies into, and feedback on, the imple-
mentation of the State plan;
(3) providing discretionary resources that enable
teachers and schools to purchase needed professional
development and other forms of assistance consistent
with their improvement plan from high-quality pro-
viders of their choice;
(4) establishing collaborative networks of teachers
centered on content standards and assessments for the
purpose of improving teaching and learning;
(5) providing flexibility to individual schools
and local educational agencies to enable them to
adapt and integrate State content standards into
courses of study appropriate for individual schools
and communities;
(6) facilitating the provision of waivers from
State rules and regulations that impede the ability of
local educational agencies or schools to carry out local
education improvement plans; and
(7) facilitating communication among educators
within and between local educational agencies for the
purpose of sharing innovative and effective practices,
including, through the use of telecommunications, dis-
tance learning, site visits, and other means.
(i) COORDINATION
WITH
SCHOOL-TO-WORK
PRO-
GRAMS.—If a State has received Federal assistance for the
purpose of planing for, expanding, or establishing a school-
to-work program, then a State shall include in the State
plan a description of how such school-to-work program will
be incorporated into the school reform efforts of the State.
In particular, the State plan shall include a description
of how secondary schools will be modified in order to pro-
vide career guidance, the integration of academic and voca-
tional education, and work-based learning, if such pro-
grams are proposed in the State’s school-to-work plan.
(j) BENCHMARKS AND TIMELINES.—Each State plan
shall include specific benchmarks of improved student per-
formance and of progress in implementing the improvement
plan, and timelines against which the progress of the State
in carrying out its plan, including the elements described
in subsections (c) through (h), can be measured.
(k) COORDINATING STRATEGIES.—Each State plan
shall include strategies for coordinating the integration of
academic and vocational instruction pursuant to the Carl
D. Perkins Vocational and Applied Technology Education
Act.
(l) PROGRAM IMPROVEMENT AND ACCOUNTABILITY.—
Each State shall describe—
(1) how the State will monitor progress towards
implementing the State and local plans; and
(2) procedures the State will use to ensure
schools and school districts meet State opportunity-to-
learn and content standards within the established
time lines.
(m) PROHIBITION ON FEDERAL MANDATES, DIREC-
TION, AND CONTROL.—Nothing in this section shall be con-
strued to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school’s curriculum, program of in-
struction, or allocation of State and local resources.
(n) PEER REVIEW AND SECRETARIAL APPROVAL.—(1)
The Secretary shall review each State improvement plan
prepared under this section, and each application submit-
ted under section 155, with the assistance and advice of
State and local education policymakers, educators, class-
room teachers, related services personnel, experts on edu-
cational innovation and improvement, parents, advocates
for children with disabilities, representatives of other advo-
cacy groups, and other appropriate individuals. The peer
review process shall be performed by individuals representa-
tive of the diversity of the United States with regard to ge-
ography, race, ethnicity, gender, and disability. The review
of each State plan shall include at least one site visit to
each State.
(2) The Secretary shall approve a State’s plan when
the Secretary determines, after considering the peer review-
ers’ comment, that it—
(A) reflects a widespread commitment within the
State;
(B) holds reasonable promise of enabling all stu-
dents to achieve at the high levels called for by this
Act;
(C) meets the requirements of subsections (a)
through (k); and
(D) allows local schools, local educational agen-
cies and communities the flexibility to implement
local improvement plans in a manner which reflects
local needs and requirements in order to promote a
‘bottom up’ system of school reform.
(3) The Secretary shall not decline to approve a State’s
plan, or any State application submitted under section 155,
before offering the State—
(A) an opportunity to revise its plan or applica-
tion; and
(B) a hearing.
(o) REGULAR REVIEW.—Each State plan shall include
a process for regularly reviewing and updating any State
content, student performance, and opportunity-to-learn
standards and assessment systems.
(p) AMENDMENTS TO PLAN.—(1) Each State shall pe-
riodically review its plan and revise it, as appropriate, in
accordance with the process described in subsection (b).
(2) The Secretary shall review major amendments to
a State’s plan through the same process, described in sub-
section (j), used to review the original plan.
(q) PREEXISTING STATE PLANS AND PANELS.—(1) If
a State has developed a comprehensive and systemic im-
provement plan to help all students meet challenging stand-
ards, or any component of such a plan, that otherwise meets
the requirements of this section, the Secretary may approve
such plan or component notwithstanding that it was not
developed in accordance with subsection (b), if the Secretary
determines that such approval would further the purposes
of State systemic education improvement.
(2) If, before the enactment of this Act, a State has
made substantial progress in developing a plan that other-
wise meets, or is likely to meet, the requirements of this
section, but was developed by a panel that does not meet
the requirements of paragraphs (1), (2), and (3) of sub-
section (b), the Secretary may, at the request of the Gov-
ernor and the State educational agency, treat such panel
as meeting the requirements of this title if the Secretary
determines that there has been statewide involvement of edu-
cators, parents, students, advocacy groups, other interested
members of the public in the development of the plan.
SEC. 157. SECRETARY’S REVIEW OF APPLICATIONS; PAY-
MENTS.
(a) FIRST YEAR.—The Secretary shall approve the ini-
tial year application of a State educational agency under
section 155(b) if the Secretary determines that—
(1) such application meets the requirements of
this title; and
(2) there is a substantial likelihood that the re-
newal application of the State will be able to develop
and implement an education improvement plan that
complies with section 156.
(b) SECOND THROUGH FIFTH YEARS.—The Secretary
shall approve a renewal application of a State educational