I
103D CONGRESS
1ST SESSION
H. R. 3229
To amend the Elementary and Secondary Education Act of 1965.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 6, 1993
Mr. SERRANO (for himself, Mr. BECERRA, Ms. ROYBAL-ALLARD, Mr. PASTOR,
Mr. DE LA GARZA, Mr. DE LUGO, Mr. ORTIZ, Mr. RICHARDSON, Mr.
TORRES, Ms. ROS-LEHTINEN, Mr. DIAZ-BALART, Mr. GUTIERREZ, Mr.
MENENDEZ, Mr. ROMERO-BARCELO´, Mr. TEJEDA, Ms. VELA´ZQUEZ, Mr.
UNDERWOOD, Mr. GENE GREEN of Texas, Mr. MILLER of California, and
Ms. ENGLISH of Arizona) introduced the following bill; which was re-
ferred to the Committee on Education and Labor
A BILL
To amend the Elementary and Secondary Education Act
of 1965.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—EDUCATION
IMPROVEMENT
SECTION 1. EDUCATION IMPROVEMENT.
Section 1001 of the Elementary and Secondary Edu-
cation Act of 1965 is amended to read as follows:
‘‘SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF
PURPOSE.
‘‘(a) DECLARATION OF POLICY.—In recognition of—
‘‘(1) the most urgent need for educational im-
provement in the Nation in schools with high con-
centrations of children from low-income families and
that it is the Federal role to provide assistance to
such schools;
‘‘(2) the fact that all children, regardless of eco-
nomic circumstance, race, national origin, or English
proficiency, can learn and have the capacity to ac-
quire the high-level knowledge and skills in a broad
range of subjects that will allow them to participate
fully in the economic, social, and political life of the
Nation;
‘‘(3) the fact that within the educational sys-
tem, positive change in the lives of children occurs
largely at the school site and, therefore, there is a
compelling need for measures to strengthen the ca-
pacity of principals, teachers, school staff, parents,
students, and other members of the school commu-
nity to work in partnership to bring about such
change;
‘‘(4) the fact that parents and other responsible
family members are the first educators of children,
particularly in the early years, and must be actively
involved in their children’s development and edu-
cation both at home and in school to help children
to achieve the high-level skills called for under this
chapter;
‘‘(5) the fact that parent involvement programs
under this chapter can help remove barriers to effec-
tive parent participation in the success of the pro-
gram and the education of their children, and en-
hance the participation of parents and other family
members already involved;
‘‘(6) the fact that schools have a role in work-
ing with parents and health and social service pro-
viders to help eliminate external barriers to learning
and that patients and health and social service pro-
viders have an obligation to assist and cooperate
with schools in performing this role;
‘‘(7) the fact that effective strategies for edu-
cational improvement, in particular schoolwide re-
structuring, have been developed which, if made
available to and implemented by principals, teachers,
and staff who have access to high-quality profes-
sional training, will enable virtually all students to
acquire high level skills and knowledge;
‘‘(8) the fact that all children are entitled to
participate in a broad and challenging curriculum
and to have access to resources sufficient to address
other education needs;
‘‘(9) the fact that the purposes of this chapter
will be best served by the elimination of barriers to
student learning that separate children from the reg-
ular instructional program, homogeneous grouping
and tracking, reliance upon low-level, basic skills,
norm-referenced testing, and the replacement of
these practices with the education practices, services,
and resources called for by this chapter;
‘‘(10) the fact that the historic exclusion from
Chapter 1 services of limited English proficient chil-
dren from low-income families does not foster the
purposes of this chapter, since such children are
often at high risk of school failure, and that the pur-
poses of this Act will best be served by ensuring the
participation of low-income limited English pro-
ficient students; and
‘‘(11) the economic, political, social, and ethical
reasons that national policy predicated on the propo-
sition that all children can and must learn and that
no other objective of national policy shall be ac-
corded higher priority or greater immediacy,
the Congress declares it to be the policy of the United
States to—
‘‘(A) provide financial assistance to State and
local educational agencies to meet the special needs
of economically disadvantaged children at the pre-
school, elementary, and secondary levels;
‘‘(B) expand the program authorized by this
chapter over the next 10 years by increasing funding
for this chapter each fiscal year thereby increasing
the percentage of eligible children served in each fis-
cal year with the intent of serving all eligible chil-
dren by fiscal year 2004; and
‘‘(C) provide such assistance in a way which
eliminates unnecessary administrative burden and
paperwork and overly prescriptive regulations and
provides flexibility to State and local educational
agencies in making sound educational decisions.
‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of
this chapter to assist State and local educational agencies
to meet the education needs of the children of low-income
families, particularly children in schools with high con-
centrations of poverty, so that all such children will attain
high levels of proficiency in the knowledge and skills that
are necessary for sustained success. The means for accom-
plishing the mission include—
‘‘(1) establishing prekindergarten and other ef-
fective services and programs to ensure readiness for
school;
‘‘(2) fostering the establishment of high levels
of expectation and high standards for student per-
formance and accurate means for assessing whether
standards have been met;
‘‘(3) assisting teachers through professional de-
velopment and other programs in enhancing their
teaching skills and practices to address the special
needs of educationally at-risk and limited English
proficient students and to improve the educational
outcomes of all students;
‘‘(4) assisting in the establishment at each par-
ticipating school of a broad and challenging curricu-
lum available to all students, including limited Eng-
lish proficient students;
‘‘(5) strengthening the classroom program as
part of restructuring the school to improve edu-
cational outcomes of all students by providing in-
class and extra services and assistance, including ex-
tending the school day or school year, or recon-
structing the school day or instituting team teaching
or combining different grade-levels, which strengthen
and reinforce the experience children receive through
full participation in a regular school program of high
quality;
‘‘(6) assuring that all schools within a state
that participate in the chapter 1 program receive es-
sential educational services that are comparable to
those received by schools that do not participate in
the chapter 1 program; and
‘‘(7) establishing methods of school, district,
and state-level accountability, including incentives
and sanctions, that will help ensure that the mission
of this chapter is achieved.’’.
SEC. 2. BASIC PROGRAMS.
Part A of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 is amended to read as
follows:
‘‘PART A—BASIC PROGRAMS OPERATED BY
LOCAL EDUCATIONAL AGENCIES
‘‘Subpart 1—Allocations
‘‘SEC. 1005. BASIC GRANTS.
‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) GRANTS FOR TERRITORIES.—There is au-
thorized to be appropriated for each fiscal year for
the purpose of this subparagraph 0.8 percent of the
amount appropriated for such year for payments to
States under this part. The amount appropriated
pursuant to this subparagraph shall be allotted by
the Secretary (A) among Guam, American Samoa,
the Virgin Islands, the Northern Mariana Islands,
and the Trust Territory of the Pacific Islands ac-
cording to their respective need for grants under this
part, and (B) to the Secretary of the Interior in the
amount necessary (i) to make payments pursuant to
paragraph (1) of subsection (d), and (ii) to make
payments pursuant to paragraph (2) of subsection
(d). The grant which a local educational agency in
Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, and the Trust Territory
of the Pacific Islands is eligible to receive shall be
determined pursuant to such criteria as the Sec-
retary determines will best carry out the purposes of
this chapter.
‘‘(2) GRANTS FOR LOCAL EDUCATIONAL AGEN-
CIES.—
‘‘(A) In any case in which the Secretary
determines that satisfactory data for that pur-
pose are available, the grant which a local edu-
cational agency in a State is eligible to receive
under this subpart for a fiscal year shall (except
as provided in paragraph (3)), be determined by
multiplying the number of children counted
under subsection (c) by 40 percent of the
amount determined under the next sentence.
The amount determined under this sentence
shall be the average per pupil expenditure in
the State except that (i) if the average per pupil
expenditure in the State is less than 80 percent
of the average per pupil expenditure in the
United States, such amount shall be 80 percent
of the average per pupil expenditure in the
United States, or (ii) if the average per pupil
expenditure in the State is more than 120 per-
cent of the average per pupil expenditure in the
United States, such amount shall be 120 per-
cent of the average per pupil expenditure in the
United States.
‘‘(B) In any case in which such data are
not available, subject to paragraph (3), the
grant for any local educational agency in a
State shall be determined on the basis of the
aggregate amount of such grants for all such
agencies in the county or counties in which the
school district of the particular agency is lo-
cated, which aggregate amount shall be equal to
the aggregate amount determined under sub-
paragraph (A) for such county or counties, and
shall be allocated among those agencies upon
such equitable basis in accordance with the
basic criteria prescribed by the Secretary.
‘‘(3) SPECIAL ALLOCATION PROCEDURES.—
‘‘(A) Upon determination by the State edu-
cational agency that a local educational agency
in the State is unable or unwilling to provide
for the special educational needs of children de-
scribed in clause (C) of paragraph (1) of sub-
section (c), who are living in institutions for ne-
glected or delinquent children, the State edu-
cational agency shall, if it assumes responsibil-
ity for the special educational needs of such
children, be eligible to receive the portion of the
allocation to such local educational agency
which is attributable to such neglected or delin-
quent children, but if the State educational
agency does not assume such responsibility, any
other State or local public agency, as deter-
mined by regulations established by the Sec-
retary, which does assume such responsibility,
shall be eligible to receive such portion of the
allocation.
‘‘(B) In the case of local educational agen-
cies which serve in whole or in part the same
geographical area, and in the case of a local
educational agency which provides free public
education for a substantial number of children
who reside in the school district of another local
educational agency, the State educational agen-
cy may allocate the amount of the grants for
those agencies among them in such manner as
it determines will best carry out the purposes of
this chapter.
‘‘(C) In any State in which a large number
of local educational agencies overlap county
boundaries, the State educational agency may
apply to the Secretary for authority during any
particular fiscal year to make the allocations
under this part (other than section 1006) di-
rectly to local educational agencies without re-
gard to the counties or may continue to make
such allocations if the agency had the authority
to do so under chapter 1 of the Education Con-
solidation and Improvement Act of 1981. If the
Secretary approves an application of a State
educational agency for a particular year under
this subparagraph, the State educational agency
shall provide assurance that such allocations
will be made using precisely the same factors
for determining a grant as are used under this
part and that a procedure will be established
through which local educational agencies dissat-
isfied with the determinations made by the
State educational agency may appeal directly to
the Secretary for a final determination.
‘‘(4) DEFINITION.—For purposes of this sub-
section, the term ‘State’ does not include Guam,
American Samoa, the Virgin Islands, the Northern
Mariana Islands, and the Trust Territory of the Pa-
cific Islands.
‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL-
IFY.—No grant may be made under this part to a local
educational agency with fewer than 10 children counted
under subsection (c) of this section. No grant may be
made under this part to a local educational agency with
fewer than 100 children counted under subsection (c) un-
less the number of children counted under such subsection
is equal to, or greater than, 18 percent of the total number
of children aged 5–17 years, inclusive, in the local edu-
cational agency.
‘‘(c) CHILDREN TO BE COUNTED.—
‘‘(1) CATEGORIES OF CHILDREN.—The number
of children to be counted for purposes of this section
is the aggregate of—
‘‘(A) the number of children aged 5 to 17,
inclusive, in the school district of the local edu-
cational agency from families below the poverty
level as determined under paragraph (2)(A);
‘‘(B) the number of children aged 5 to 17,
inclusive, in the school district of such agency
from families above the poverty level as deter-
mined under paragraph (2)(B);
‘‘(C) the number of children aged 5 to 17,
inclusive, in the school district of such agency
living in institutions for neglected or delinquent
children (other than such institutions operated
by the United States) but not counted pursuant
to subpart 3 of part D for the purposes of a
grant to a State agency, or being supported in
foster homes with public funds; and
‘‘(D) the number of children aged 5 to 17,
inclusive, in the school district of such agency
who are not counted under subparagraph (A)
and who speak English less than ‘very well’, as
determined by the most recent satisfactory data
available from the Department of Commerce;
minus a number equal to 2 percent of the population
of children, aged 5 to 17, inclusive, in the local edu-
cational agency as determined by the Department of
Commerce.
‘‘(2) DETERMINATION
OF
NUMBER
OF
CHIL-
DREN.—
‘‘(A) For the purposes of this section, the
Secretary shall determine the number of chil-
dren aged 5 to 17, inclusive, from families
below the poverty level on the basis of the 1990
decennial census (with updates provided by the
Department of Commerce as required under
subparagraph (C)) for local educational agen-
cies; and in determining the families which are
below the poverty level, the Secretary shall uti-
lize the criteria of poverty used by the Bureau
of the Census in compiling the most recent de-
cennial census.
‘‘(B) For purposes of this section, the Sec-
retary shall determine the number of children
aged 5 to 17, inclusive, from families above the
poverty level on the basis of the number of such
children from families receiving an annual in-
come, in excess of the current criteria of pov-
erty, from payments under the program of aid
to families with dependent children under a
State plan approved, under title IV of the So-
the information required by this subparagraph
to the Secretary not later than January 1 of
each year.
‘‘(C) For purposes of section 2(A), begin-
ning in 1995 and every 2 years thereafter, the
Secretary of Commerce shall make a special up-
dated estimate of the number of children of
such ages who are from families below the pov-
erty level in each State, county, and local edu-
cational agency. The Secretary is authorized to
pay (either in advance or by way of reimburse-
ment) the Secretary of Commerce the cost of
making this special estimate. The Secretary of
Commerce shall adjust such estimates for popu-
lation undercounts of certain groups, particu-
larly low-income families. The Secretary of
Commerce shall give consideration to any re-
quest of the chief executive of a State for the
collection of additional census information. For
purposes of this section, the Secretary shall
consider all children who are in correctional in-
stitutions to be living in institutions for delin-
quent children.
‘‘(d) PROGRAM FOR INDIAN CHILDREN.—
‘‘(1) From the amount allotted for payments to
the Secretary of the Interior under the second sen-
tence of subsection (a)(1), the Secretary of the Inte-
rior shall make payments to local educational agen-
cies, upon such terms as the Secretary determines
will best carry out the purposes of this chapter with
respect to out-of-State Indian children in the ele-
mentary and secondary schools of such agencies
under special contracts with the Department of the
Interior. The amount of such payment may not ex-
ceed, for each such child, 40 percent of (A) the aver-
age per pupil expenditure in the State in which the
agency is located, or (B) 120 percent of such ex-
penditure in the United States, whichever is the
greater.
‘‘(2) The amount allotted for payments to the
Secretary of the Interior under the second sentence
of subsection (a)(1) for any fiscal year shall be, as
determined pursuant to criteria established by the
Secretary, the amount necessary to meet the special
educational needs of educationally deprived Indian
children on reservations serviced by elementary and
secondary schools for Indian children operated with
Federal assistance or operated by the Department of
the Interior. Such payment shall be made pursuant
to an agreement between the Secretary and the Sec-
retary of the Interior containing such assurances
and terms as the Secretary determines will best
achieve the purposes of this chapter. Such agree-
ment shall contain (A) an assurance that payments
made pursuant to this subparagraph will be used
solely for programs and projects approved by the
Secretary of the Interior which meet the applicable
requirements of subpart 2 of this part and that the
Department of the Interior will comply in all other
respects with the requirements of this chapter, and
(B) provision for carrying out the applicable provi-
sions of subpart 2 of this part and part F. Such
agreement shall consider a tribal organization oper-
ating a school under the Indian Self-determination
and Education Assistance Act (25 U.S.C. 450 et
seq.) or the Tribally Controlled Schools Act of 1987
as a local educational agency, and shall consider the
Secretary of the Interior as a State or State edu-
cational agency for all purposes defining the author-
ity of States or State educational agencies relative to
local educational agencies. If, in the capacity as a
State educational agency, the Secretary of the Inte-
rior promulgates regulations applicable to such tribal
organizations, the Secretary shall comply with sec-
tion 1451 of this Act and with section 553 of title
5 of the United States Code, relating to administra-
tive procedure, and such regulations must be con-
sistent with subsections (d) and (e) of section 1121,
section 1130, and section 1133 of the Education
Amendments of 1978.
‘‘(e) STATE MINIMUM.—
‘‘(1) For any fiscal year for which—
‘‘(A) sums available for the purposes of
this section exceed sums available under chap-
ter 1 of the Education Consolidation and Im-
provement Act of 1981 for fiscal year 1988;
and
‘‘(B)(i) sums available for the purpose of
section 1006 equal or exceed $400,000,000, or
‘‘(ii) sums available for the purpose of sec-
tion 1005 equal or exceed amounts appro-
priated for such purpose in fiscal year 1988 by
$700,000,000,
the aggregate amount allotted for all local edu-
cational agencies within a State may not be less
than one-quarter of 1 percent of the total amount
available for such fiscal year under this section.
‘‘(2) The provisions of paragraph (1) shall
apply only if each State is allotted an amount which
is not less than the payment made to each State
under chapter 1 of the Education Consolidation and
Improvement Act of 1981 for fiscal year 1988.
‘‘(3)(A) No State shall, by reason of the appli-
cation of the provisions of paragraph (1) of this sub-
section, be allotted more than—
‘‘(i) 150 percent of the amount that the
State received in the fiscal year preceding the
fiscal year for which the determination is made,
or
‘‘(ii) the amount calculated under subpara-
graph (B), whichever is less.
‘‘(B) For the purpose of subparagraph (A)(ii),
the amount for each State equals—
‘‘(i) the number of children in such State
counted under subsection (c) in the fiscal year
specified in subparagraph (A), multiplied by
‘‘(ii) 150 percent of the national average
per pupil payment made with funds available
under this section for that year.
‘‘(f) DURATION OF ASSISTANCE.—During the period
beginning January 1, 1995, and ending September 30,
2004, the Secretary shall, in accordance with the provi-
sions of this part, make payments to State educational
agencies for grants made on the basis of entitlements cre-
ated under this section.
‘‘SEC. 1006. GRANTS FOR LOCAL EDUCATIONAL, AGENCIES
IN COUNTIES WITH ESPECIALLY HIGH CON-
CENTRATIONS OF CHILDREN FROM LOW-IN-
COME FAMILIES.
‘‘(a) ELIGIBILITY FOR AND AMOUNT OF SPECIAL
GRANTS.—
‘‘(1)(A) Except as otherwise provided in this
paragraph, each county, in a State other than
Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, and the Trust Territory
of the Pacific Islands, which is eligible for a grant
under this chapter for any fiscal year shall be enti-
tled to an additional grant under this section for
that fiscal year if—
‘‘(i) the number of children counted under
section 1005(c) of this chapter in the school
district of local educational agencies in such
county for the preceding fiscal year exceeds
6,500, or
‘‘(ii) the number of children counted under
section 1005(c) exceeds 18 percent of the total
number of children aged five to seventeen, in-
clusive, in the school districts of local edu-
cational agencies in such county in that fiscal
year.
‘‘(B) Except as provided in subparagraph (C),
no State described in subparagraph (A) shall receive
less than—
‘‘(i) one-quarter of 1 percent of the sums
appropriated under subsection (c) of this sec-
tion for such fiscal year; or
‘‘(ii) $250,000, whichever is higher.
‘‘(C) No State shall, by reason of the applica-
tion of the provisions of subparagraph (B)(i) of this
paragraph, be allotted more than—
‘‘(i) 150 percent of the amount that the
State received in the fiscal year preceding the
fiscal year for which the determination is made,
or
‘‘(ii) the amount calculated under subpara-
graph (B), whichever is less.
‘‘(D) For the purpose of subparagraph (C), the
amount for each State equals—
‘‘(i) the number of children in such State
counted for purposes of this section in the fiscal
year specified in subparagraph (B), multiplied
by
‘‘(ii) 150 percent of the national average
per pupil payment made with funds available
under this section for that year.
‘‘(2) For each county in which there are local
educational agencies eligible to receive an additional
grant under this section for any fiscal year the Sec-
retary shall determine the product of—
‘‘(A) the number of children counted under
section 1005(c) for the current fiscal year—
‘‘(i) the number of children in excess
of 6,500 counted under section 1005(c) for
the preceding fiscal year, in the school dis-
tricts of local educational agencies of a
county which qualifies on the basis of sub-
paragraph (A) of paragraph (1); or
‘‘(ii) the number of children counted
under section 1005(c) for the preceding
fiscal year in the school districts of local
educational agencies in a county which
qualifies on the basis of subparagraph (B)
of paragraph (1); and
‘‘(B) the quotient resulting from the divi-
sion of the amount determined for those agen-
cies under section 1005(a)(2) of this chapter
for the fiscal year for which the determination
is being made divided by the total number of
children counted under section 1005(c) for that
agency for the preceding fiscal year.
‘‘(3) The amount of the additional grant to
which an eligible county is entitled under this section
for any fiscal year shall be an amount which bears
the same ratio to the amount reserved under sub-
section (c) for that fiscal year as the product deter-
mined under paragraph (2) for such county for that
fiscal year bears to the sum of such products for all
counties in the United States for that fiscal year.
‘‘(4) For the purposes of this section, the Sec-
retary shall determine the number of children count-
ed under section 1005(c) for any county, and the
total number of children aged five to seventeen, in-
clusive, in school districts of local educational agen-
cies in such county, on the basis of the most recent
satisfactory data available at the time of the pay-
ment for such county as determined under section
1005.
‘‘(b) PAYMENTS; USE OF FUNDS.—
‘‘(1) The total amount which counties in a
State are entitled to under this section for any fiscal
year shall be added to the amount paid to that State
under section 1401 for such year. From the amount
paid to it under this section, the State shall distrib-
ute to local educational agencies in each county of
the State the amount (if any) to which it is entitled
under this section.
‘‘(2) The amount paid to a local educational
agency under this section shall be used by that agen-
cy for activities undertaken pursuant to its applica-
tion submitted under section 1012 and shall be sub-
ject to the other requirements in subpart 2 of this
part.
‘‘(c) RESERVATION
OF
FUNDS.—Of the total
amounts made available for this part, 50 percent shall be
allocated following the provisions of section 1005, and 50
percent shall be allocated following the provisions of sub-
sections (a) and (b) of this section.
‘‘(d) RATABLE REDUCTION RULE.—If the sums
available under subsection (c) for any fiscal year for mak-
ing payments under this section are not sufficient to pay
in full the total amounts which all States are entitled to
receive under subsection (a) for such fiscal year, the maxi-
mum amounts which all States are entitled to receive
under subsection (a) for such fiscal year shall be ratably
reduced. In case additional funds become available for
making such payments for any fiscal year during which
the preceding sentence is applicable, such reduced
amounts shall be increased on the same basis as they were
reduced.
‘‘Subpart 2—Allocations
‘‘SEC. 1011. USES OF FUNDS.
‘‘A local educational agency may use funds received
under this part only for education programs and activities
which are designed to facilitate the attainment by students
and schools of the standards set forth in section 1012 and
which are included in an application for assistance ap-
proved by the State educational agency. Such programs
and activities may include—
‘‘(1) preschool through secondary instructional
programs, including programs conducted before,
during and after the regular school day and during
the summer;
‘‘(2) staff development and training programs
to improve instructional practices aimed at effective
teaching strategies for economically deprived or lim-
ited-English proficient children, the development and
use of nondiscriminatory, developmentally appro-
priate, and linguistically accessible classroom-based
assessments, use of district and State assessment in-
struments, and effective strategies for involving par-
ents, in particular limited-English proficient parents
and parents with limited literacy skills;
‘‘(3) the design and implementation of, and
staff development and training on the use of, assess-
ments based on sound psychometric practice and
theoretically based research, including contemporary
theories and research on language proficiency and
communicative competence and other measures to
assess whether a student is limited-English pro-
ficient and the monitoring of the students’ academic
and English language acquisition progress;
‘‘(4) design and implementation at the school
and district levels of assessments integrated with
curriculum and instruction, that foster teaching and
learning, are adaptable to diverse student popu-
lations, encourage self-reflection and decision-mak-
ing, emphasize students’ strengths and incorporate
into the design and implementation those elements
and characteristics that enable all students to bene-
fit from instructional practices and assessment out-
comes, including opportunities for limited-English
proficient students to be assessed in their primary
language;
‘‘(5) planning and implementing schoolwide im-
provement initiatives to improve instruction and
other education reforms, including restructuring the
school day, team teaching, heterogeneous classes,
and other methods, that do not separate participat-
ing children from instruction in the regular school
program in core subjects;
‘‘(6) development and implementation of parent
involvement activities and training pursuant to sec-
tion 1016;
‘‘(7) acquisition of equipment and multilingual
materials, including books, computers, and other in-
structional resources;
‘‘(8) activities undertaken pursuant to section
1019 designed to increase eligible students’ access to
health and social services, if funds are spent in ac-
cordance with section 1019(e);
‘‘(9) hiring additional teachers, including bilin-
gual teachers, consultants, bilingual aides, or other
staff to implement programs under this chapter; and
‘‘(10) rewards provided pursuant to sections
1012 and 1021.
‘‘SEC. 1012. STANDARDS, ASSURANCES, APPLICATIONS AND
CAPACITY BUILDING.
‘‘(a) STANDARDS.—
‘‘(1) DUTIES OF THE SECRETARY.—The Sec-
retary shall adopt guidelines for the development by
State educational agencies of State standards in ac-
cordance with the following principles:
‘‘(A) 
OVERARCHING
STANDARD.—The
overarching standard shall be the attainment of
high level skills and knowledge, meaning the
ability to reason, read, understand, interpret
and analyze complex material in a broad range
of academic subjects, to use quantitative skills
for planning, analysis, and problem solving, to
speak and write effectively, and to work coop-
eratively in teams as well as to think and act
independently.
‘‘(B) TYPES OF STANDARDS.—The stand-
ards shall be of three types:
‘‘(i) Content standards that are cul-
turally sensitive and set out the knowledge
and skills, that schools must teach to en-
able all students, including those with lim-
ited English proficiency, to attain high lev-
els of proficiency, and
‘‘(I) shall be geared to the devel-
opment of competencies that will qual-
ify students for higher education and
higher-skill occupations and will pre-
pare them to function as knowledge-
able and contributing citizens in soci-
ety;
‘‘(II) shall relate to specific sub-
ject areas, including reading, mathe-
matics, and science, and shall also re-
quire the integration of knowledge
and problem-solving skills in several
disciplines;
‘‘(III) shall be broad-ranging and
encompass 
reading, 
mathematics,
writing, science, history, and geog-
raphy and other subjects as appro-
priate; and
‘‘(IV) shall also call for the devel-
opment of knowledge and skills in
other areas that will prepare students
to function as knowledgeable and con-
tributing citizens, such as health, ac-
quisition of a second-language, the
arts and community service.
‘‘(ii) Student performance standards
that establish both the degree or quality of
proficiency ultimately expected of students,
including limited English proficient stu-
dents, in meeting the content standards
and a range of intermediate benchmarks to
serve as indicators for assessing the status
and progress of student performance.
‘‘(iii) Opportunity-to-learn standards
that include a series of measures that will
be used to determine whether schools and
teachers have been provided with the
means to meet content standards and
whether students, including limited English
proficient students, have been provided a
meaningful opportunity to meet perform-
ance standards including—
‘‘(I) provision to students in each
local educational agency and school of
a culturally sensitive, developmentally
appropriate, and linguistically acces-
sible curriculum that meets the con-
tent standards prescribed in sub-
section (a)(1)(B)(i);
‘‘(II) the use in each local edu-
cational agency and school of appro-
priately trained, licensed, or certified
staff who are teaching in their areas
of licensure or certification, and the
use of appropriately trained or cer-
tified staff to teach limited English
proficient students;
‘‘(III) the use in each local edu-
cational agency and school of system-
atic instructional practices that can be
shown to help economically deprived
and limited English proficient stu-
dents attain the standards set forth in
this section and the elimination of in-
structional practices that have been
shown to be ineffective in attaining
the standards;
‘‘(IV) provision to students in
each local educational agency and
school of technologically advanced
equipment, such as computers, soft-
ware programs or other equipment
which facilitates learning;
‘‘(V) provision to students in
each local educational agency and
school of an adequate quantity of de-
velopmentally appropriate, culturally
sensitive, and linguistically accessible
up-to-date resource materials and
books;
‘‘(VI) provision to limited-Eng-
lish proficient students of a curricu-
lum designed to build on their existing
linguistic and cognitive skills and ad-
dress specific developmental needs
based on students’ strengths in lan-
guage (listening, speaking, reading or
writing) or content;
‘‘(VII) the establishment by each
local educational agency and school of
an adequate number of facilities for
students that are conducive to learn-
ing, clean, and safe;
‘‘(VIII) the provision in each
local educational agency and school of
the high-quality staff development and
other capacity-building measures spec-
ified in section 1012(c);
‘‘(IX) the establishment in each
local educational agency and school of
the programs and procedures for par-
ent involvement specified in section
1016;
‘‘(X) the allocation of time in
teachers’ schedules that is adequate to
enable them to review and share infor-
mation on student achievement, to
consult with their colleagues on the
needs of individual students and on
school improvement, to increase pro-
fessional knowledge and skills, and to
improve the effectiveness of their
teaching;
‘‘(XI) the use in each local edu-
cational agency and school of valid
and 
nondiscriminatory 
assessment
systems that are linguistically acces-
sible and capable of providing coher-
ent information about student attain-
ments relative to the content stand-
ards and that are modeled on good in-
structional practices; and
‘‘(XII) the use of appropriately
trained teachers and other instruc-
tional staff in the development and
use of State and local assessment
measures.
‘‘(C) ASSISTANCE TO STATE AND LOCAL
EDUCATIONAL AGENCIES.—The Secretary shall
make available to all State educational agencies
the best standards set by professional associa-
tions and exemplary standards submitted by
State educational agencies under paragraph (2)
of this subsection and shall provide other tech-
nical assistance to States and to the extent
practicable to local educational agencies in the
development of standards.
‘‘(D) REVIEW OF STANDARDS.—The Sec-
retary shall determine within 90 days after sub-
mission whether each State educational agency
has submitted standards that meet the require-
ments of this section and shall require State
educational agencies that fail to submit accept-
able standards to select a set of standards from
among those State educational agency submis-
sions the Secretary has found acceptable.
‘‘(2) DUTIES OF STATE EDUCATIONAL AGEN-
CIES.—
‘‘(A) Each State educational agency shall
submit to the Secretary by January 1, 1997,
statewide content, performance, and oppor-
tunity-to-learn standards that comply with the
requirements set forth in this section, and
guidelines for the development of local stand-
ards by local educational agencies that comply
with the State standards.
‘‘(B) Each State educational agency shall
develop standards and guidelines that—
‘‘(i) incorporate the best standards set
by professional associations;
‘‘(ii) provide assurances that the
standards adopted for Chapter 1 students
are not lower than those the State and
local educational agency applies to non-
Chapter 1 students; and
‘‘(iii) provide assurances that the
standards adopted for Chapter 1 students
who are limited-English proficient are not
lower than those developed for non-limited-
English proficient students.
‘‘(C) To assist in the development of
standards, each State educational agency shall
establish and engage in a process of public con-
sultation that shall encourage the informed par-
ticipation of persons involved or interested in
public education, including leaders of profes-
sional education associations, practitioners and
persons experienced in the teaching of economi-
cally deprived and limited-English proficient
‘‘(B) determine what additions to or revi-
sions of curriculum and instructional strategies
are necessary to enable students, including lim-
ited-English proficient students, to meet the
State standards;
‘‘(C) develop specific local educational
agency and school standards which facilitate
adherence to the State standards;
‘‘(D) assure that all members of the school
community are provided with clear information
about the State and local standards and about
their responsibilities for meeting them; and
‘‘(E) include the local standards with the
school and local educational agency achievement
plans, submitted to the State educational agen-
cy pursuant to section 1012(c).
‘‘(b) ASSURANCES.—
‘‘(1) STATE
EDUCATIONAL
AGENCY
ASSUR-
ANCES.—Any State desiring to participate under
this chapter shall submit to the Secretary, through
its State educational agency, assurances that such
agency—
‘‘(A) will meet the requirements in section
435 (b)(2) and (b)(5) of the General Education
Provisions Act relating to fiscal control and
fund accounting procedures;
‘‘(B) will carry out the activities required
under this chapter, including standards, local
educational agency capacity-building, statewide
comparability, health and social services, assess-
ment, and enforcement;
‘‘(C) has on file a plan that meets the re-
quirements of section 1012(c)(4)(C); and
‘‘(D) will ensure that its local educational
agencies and State agencies receiving funds
under this chapter comply with all applicable
statutory and regulatory provisions pertaining
to this chapter.
‘‘(2) LOCAL
EDUCATIONAL
ASSURANCES.—As
part 
of 
its 
application 
pursuant 
to 
section
1012(c)(3), any local educational agency desiring to
participate under this chapter shall submit to the
State educational agency, assurances that the local
educational agency—
‘‘(A) will carry out the activities required
under this chapter, including standards, capac-
ity building, parent involvement, school com-
parability, health and social services, assess-
ment, and enforcement; and
‘‘(B) will ensure that all programs and ac-
tivities funded in whole or in part under this
section are properly evaluated and conducted
according to accepted professional standards
and the results made widely available to par-
ents, school staff, and the public. The informa-
tion contained therein shall be translated, to the
extent feasible, into any language that a signifi-
cant percentage of the parents of participating
children in the school speak as their primary
language.
‘‘(c) CAPACITY BUILDING, STAFF DEVELOPMENT,
AND SCHOOL IMPROVEMENT.—
‘‘(1) GOALS.—The goals of capacity building,
staff development and school improvement programs
funded under this chapter are—
‘‘(A) to assure that the curriculum, assess-
ment, instruction, support services and course
placement practices at each participating school
operate to enable all economically deprived stu-
dents, including limited-English proficient stu-
dents, to achieve at the high levels called for
under this chapter;
‘‘(B) to build the capacity of the school as
a whole to become self-critical, self-regulating,
and continually focused on improving results;
‘‘(C) to assure that individual professionals
on the school team have the knowledge and
skills to enable economically deprived students,
including limited-English proficient students, to
achieve at the high levels called for under this
chapter;
‘‘(D) to inform professional staff in partici-
pating schools with developments in their pro-
fessions and disciplines; and
‘‘(E) to develop the capacity of school staff
to work with parents so that parents may be-
come full participants in their children’s edu-
cation, both at home and at school.
‘‘(2) PARTICIPATING SCHOOLS.—Each partici-
pating school shall plan and undertake a program of
staff development and school improvement activities,
in accordance with its school achievement plan and
the goals specified in this section. Prior to receiving
any funds under this chapter, and every two years
thereafter, each participating school shall prepare
and submit to the local educational agency a com-
prehensive school achievement plan that describes
the program to be implemented under this chapter.
The school shall involve teachers, other professional
staff, parents, and in the case of secondary schools,
students, in identifying needs and in developing the
school plan.
‘‘(A) SCHOOL
ACHIEVEMENT
PLANS.—
Each participating achievement plan of a school
shall include—
‘‘(i) an analysis and description of re-
liable data based on—
‘‘(I) student achievement pat-
terns, and student’s progress in meet-
ing the State and local standards sep-
arately stated by race, national origin,
gender, status as a limited-English
proficient student, and status as eco-
nomically 
deprived 
and
noneconomically deprived;
‘‘(II) the number of economically
deprived students in the school and a
description of the methodology used to
identify economically deprived stu-
dents;
‘‘(III) grade-level retention rates,
school drop-out rates, school rates of
special education student placements,
and school suspension and other dis-
ciplinary rates by race, national ori-
gin, status as a limited-English pro-
ficient student, and gender; and
‘‘(IV) the current program being
offered to limited-English proficient
students and a description of the
number and percentage of students
identified as limited-English proficient
and non-limited English proficient;
and
‘‘(ii) based on such analysis—
‘‘(I) steps the school will take
over the course of the academic year
to ensure that increasing proportions
of economically deprived students, in-
cluding limited English proficient stu-
dents, meet the State and local stand-
ards;
‘‘(II) steps the school will take to
address any disproportionate increases
on the basis of race, national origin,
gender, or status as a limited English
proficient student in school drop-out
rates, school rates of special education
student placements, school discipli-
nary and suspension rates and grade-
level retention rates;
‘‘(III) steps the school will take
to reduce the number of dropouts;
‘‘(IV) steps the school will take
to supplement and not supplant the
program for economically deprived
and limited English proficient stu-
dents;
‘‘(V) steps the school will take to
provide linguistically accessible chal-
lenging content and curriculum and to
ensure that the school program serves
limited-English proficient students to
the same extent it serves participating
non-limited English proficient stu-
dents and the extent limited-English
proficient students are included;
‘‘(VI) steps the school will take
to provide maximum coordination be-
tween services provided under this
chapter and services provided to ad-
dress a student’s handicapping condi-
tions or limited-English proficiency, in
order to increase program effective-
ness, eliminate duplication and reduce
fragmentation of the students’ pro-
grams; and
‘‘(VII) steps the school will take
to ensure parent involvement pursu-
ant to section 1016; and
‘‘(iii) the plan shall include a budget
and a timeline for staff development and
school improvement activities.
Plans submitted before States have adopted
new standards and assessment systems should
be based on an analysis of available data on
student achievement, on a review of content and
performance standards generated by profes-
sional organizations and a comparison of in-
structional practice at the school with available
research and professional standards of best
practice.
‘‘(B) ASSISTANCE
TO
STUDENTS.—Each
participating school shall undertake measures
to ensure that economically deprived students
who experience difficulty mastering any of the
standards during the course of the school year
shall be provided with effective, timely addi-
tional assistance, which shall include—
‘‘(i) measures to ensure that students’
difficulties are identified on a timely basis
and with sufficient particularity to provide
effective assistance;
‘‘(ii) periodic training for teachers on
how to identify such difficulties and to pro-
vide assistance to individual students;
‘‘(iii) for any student who has not
demonstrated proficiency in mastering the
standards in subsection (a), a joint review
at least annually by the student’s teacher
and parents, of the results of the student’s
assessment required by section 1020, at
which time the teacher and parents shall
also discuss what the school will do to help
the student meet the standards, what the
parents can do to help the student improve
his or her performance, and additional as-
sistance which may be available to the stu-
dent at the school or elsewhere in the com-
munity; and
‘‘(iv) measures to ensure that all par-
ents, including those with limited literacy
or limited-English proficiency, have the
necessary information and other assistance
to participate fully in the review required
by subsection (iii).
‘‘(C) Each participating school shall spend
not less than 10 percent in 1995 and 1996, 18
percent in 1997, and 20 percent in 1998 and
each year thereafter, of funds received annually
under this chapter on staff development and
school improvement programs and activities au-
thorized by this section.
‘‘(3) 
PARTICIPATING
LOCAL
EDUCATIONAL
AGENCIES.—(A) Prior to receiving any funds under
this chapter, and every two years thereafter, each
participating local educational agency shall develop
and implement a districtwide plan which shall—
‘‘(i) be based on analyses of reliable data
of student achievement patterns for the local
educational agency as a whole, and by school,
separately stated by race, national origin, gen-
der, status as a limited-English proficient stu-
dent, and status as an economically deprived
student;
‘‘(ii) be based on analyses of grade-level re-
tentions, drop-outs, special education student
placement, and suspension and other discipli-
nary actions, separated by race, national origin,
gender, status as a limited-English proficient
student;
‘‘(iii) include a description of the steps the
local educational agency will take to ensure all
students to be served by the program are given
access to the same challenging content and be
held to the same expectations as those for all
other students in the district;
‘‘(iv) include a description of the steps to
be taken to ensure that the individual school
programs serve limited-English proficient stu-
dents to the same extent they serve participat-
ing nonlimited-English proficient students, sup-
plement and do not supplant the services being
provided to economically deprived and limited-
English proficient students, provide linguis-
tically accessible challenging content and cur-
riculum for limited-English proficient students,
provide linguistically accessible classroom and
library materials for limited-English proficient
students, provide for bilingual aides, and if 5
percent or more of the enrolled students in the
district are identified as limited-English pro-
ficient and there is a lack of bilingual teachers,
institute a recruitment program to hire addi-
tional bilingual teachers;
‘‘(v) include a description of the steps to
be taken districtwide to reduce the number of
dropouts; and
‘‘(vi) include a description of steps to ad-
dress any disproportionate increases district-
wide or at individual schools on the basis of
race, national origin, gender, and status as a
limited-English proficient student in school and
students as an economically deprived student in
school, drop-out rates, rates of special education
placements, disciplinary and suspension rates,
and grade-level retention rates;
‘‘(B) In developing its plan, the local edu-
cational agency shall consider the student achieve-
ment plans and budgets developed by each partici-
pating school pursuant to section 1012(c)(2), and
shall identify any additional programs for staff de-
velopment and school improvement, including a
budget, that the local educational agency may decide
to undertake utilizing Chapter 1 funds. The local
educational agency shall involve teachers, other pro-
fessional staff, parent representatives and commu-
prived students, including limited English
proficient students, meet the standards re-
quired by section 1012(a);
‘‘(ii) develop initiatives to increase the
resources available for staff development
and school improvement, including re-
sources to assist teachers with curricular,
instructional, assessment and pedagogical
strategies for economically deprived stu-
dents and making subject matter content
linguistically accessible to limited English
proficient students, to assist principals
with leadership and management training,
to assist counselors and school aides with
techniques for supporting high achieve-
ment, to assist staff to recruit additional
bilingual teachers and bilingual aides, and
to provide parents with the means to orga-
nize and sustain school improvement ef-
forts; and
‘‘(iii) disseminate to local educational
agencies and schools information about
educational practices and programs which
will assist them in meeting the standards
required by section 1012(a), including staff
development programs offered by univer-
sities and private providers.
‘‘(B) Each State educational agency shall
ensure to all local educational agencies and
schools within its jurisdiction the availability
of—
‘‘(i) assistance aimed at building the
organizational capacity of the school as a
whole, including helping the staff to learn
how to analyze student achievement data,
to develop and implement plans for school
improvement, to remove barriers to student
success, and to monitor progress; and
‘‘(ii) assistance with particular tasks
such as redesigning science curricula, im-
proving instruction in reading, improving
instruction to ensure linguistically acces-
sible content curricula for limited English
proficient students, enhancing skills of key
professionals, and engaging parents.
‘‘(C) State Educational Agency Plan and
Self Evaluation:
‘‘(i) On or before January 1, 1996,
the State educational agency shall prepare
and submit to the Secretary, with its appli-
cation for assistance, an initial plan and
annual budget for programs and activities
to be undertaken pursuant to section 1012.
‘‘(ii) In each succeeding year, the
State educational agency shall submit to
the Secretary, with its application, an an-
nual budget, and every two years, a revised
plan and self-evaluation of programs and
activities conducted during the preceding
years pursuant to this section.
‘‘(5) ELIGIBILITY.—
‘‘(A) All principals and other administra-
tors, certified teachers and other staff, and
paraprofessionals employed in participating
schools are eligible to participate in staff devel-
opment and school improvement programs
funded in whole or in part under this section.
‘‘(B) To the extent that State educational
agencies and local educational agencies under-
take staff development programs, where the
beneficiaries of such programs include children
in schools eligible and ineligible to receive funds
under this chapter, such funds may be used to
pay for that portion of the program’s cost that
can be apportioned to participants employed in
schools that receive funds under this chapter,
provided however that the programs are de-
signed with an ultimate objective of enabling
students who attend participating schools to
achieve at the high levels required under this
chapter.
‘‘(6) GUIDELINES FOR EFFECTIVE STAFF DE-
VELOPMENT AND SCHOOL IMPROVEMENT.—
‘‘(A) The Secretary of Education, not later
than September 1, 1996, shall publish guide-
lines for programs and activities funded under
this section, which shall include—
‘‘(i) characteristics of effective staff
development programs for the education of
economically deprived children;
‘‘(ii) characteristics of effective ap-
proaches to schoolwide improvements;
‘‘(iii) characteristics of effective par-
ent education and involvement programs;
and
‘‘(iv) examples of programs that have
been demonstrated to be effective in
achieving the purposes of this Chapter.
‘‘(B) In specifying the characteristics of ef-
fective staff development and school improve-
ment in guidelines adopted pursuant to sub-
paragraph (A), the Secretary shall take into ac-
count factors including—
‘‘(i) whether the program provides
sufficient time (including release time for
teachers) and personnel for both training
and follow-up activities, including feedback
to, and supervision of participants who
have completed the training, and ongoing
time for instructional planning;
‘‘(ii) whether staff development activi-
ties are part of an overall school improve-
ment plan; and
‘‘(iii) whether participants are assured
sufficient resources (books, other material,
supplies, equipment, and bilingual aides
and support staff) to use the training ef-
fectively in the classroom.
‘‘(C) The guidelines shall be disseminated
widely to State educational agencies, to local
educational agencies, and to parent and teacher
associations.
‘‘(7) OTHER MEASURES TO IMPROVE TEACH-
ING.—
‘‘(A) State and local educational agencies
shall take steps to ensure that teachers in par-
ticipating schools receive, from funding sources
other than this chapter, at least a proportionate
share of staff development and other programs
designed to update their skills and knowledge.
‘‘(B) State and local educational agencies
are encouraged to establish other programs for
teachers and paraprofessionals in participating
schools to update and enhance their skills and
knowledge. Such programs may include tuition
reimbursement programs, internships, partici-
pation in conferences and professional organiza-
tions, career ladders and other incentives de-
signed to assist teacher aides in becoming fully
certified teachers, especially programs designed
to increase the number of certified bilingual
teachers. Local educational agencies shall re-
quire participating staff to make a contractual
commitment to remain at their school for a pe-
riod of time as a condition for receiving such
training or other benefits under this subsection.
‘‘SEC. 1013. ELIGIBLE SCHOOLS.
‘‘(a) GENERAL PROVISIONS.—
‘‘(1) Subject to subsection (b) a local edu-
cational agency shall use funds received under this
chapter in school attendance areas having high con-
centrations of children from low-income families (re-
ferred to in this section as ‘‘eligible school attend-
ance areas’’) in which it determines that high-quality
programs can be designed and conducted in a man-
ner reasonably calculated to ensure that all children
in attendance at such schools will achieve the stand-
ards required by section 1012. Where funds under
this chapter are insufficient to provide high quality
programs and projects, a local educational agency
shall annually rank its eligible school attendance
areas in which the continuation of children from low-
income families exceeds 75 percent from highest to
lowest within each grade span grouping or for the
entire local educational agency, according to the per-
centage of children from low-income families. A local
educational agency may carry out a program or
project assisted under this chapter in an eligible
school attendance area only if it also carries out
such program or project in all other eligible school
attendance areas which are ranked higher under the
first sentence of this paragraph.
‘‘(2) The same measure of low income, which
shall be selected by the local educational agency on
the basis of the best and most current available
data, which may be a composite of several indicators
including census data, augmented by free or reduced
lunch program participation data and any local esti-
mates collected by or available to local educational
agencies, shall be used with respect to all school at-
tendance areas within a grade span grouping or for
the entire local educational agency, both to identify
the areas having high concentrations of children
from low-income families and to determine the rank-
ing of each area. Notwithstanding other provisions
of this chapter, data from aid to families with de-
pendent children shall not be employed as a measure
of low income.
‘‘(3) The requirements of this subsection shall
not apply in the case of a local educational agency
with a total enrollment of less than 1,000 children,
but this paragraph does not relieve such an agency
from the responsibility to serve eligible children ac-
cording to the provisions of section 1014.
‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—
Notwithstanding subsection (a)(1) of this section, a local
educational agency shall have discretion to identify and
rank eligible attendance areas as follows:
‘‘(1) DESIGNATION
OF
SCHOOL
ATTENDANCE
AREA.—A local educational agency may designate
any school attendance area in which at least 50 per-
cent of the children are from low-income families as
an eligible school attendance area if the aggregate
amount expended under this chapter and under a
State program meeting the comparability require-
ments of section 1018(d)(1)(B) in that fiscal year in
each school attendance area of that agency eligible
under subsection (a) in which projects assisted
under this chapter were carried out in the preceding
fiscal year equals or exceeds the amount expended
from those sources in that area in such preceding
fiscal year.
‘‘(2) 
INELIGIBLE
SCHOOL
ATTENDANCE
AREA.—Funds received under this part may be used
for economically deprived children who are in a
school which is not located in an eligible school at-
tendance area when the percentage of students from
low-income families enrolled in a school is substan-
tially equal to, or greater than, the proportion of
students from low-income families in an eligible
school attendance area of the local educational agen-
cy.
‘‘(3) MINIMUM REQUIREMENT.—Notwithstand-
ing the ineligibility of the schools under paragraphs
(1) and (2), a public school is eligible if it is partici-
pating in a desegregation plan and the number of
low-income children enrolled in the school is at least
100 or represents at least ten percent of the total
school enrollment.
‘‘(4) SUBSEQUENT DESIGNATION.—If an eligi-
ble school attendance area or eligible school was so
designated and served in accordance with subsection
(a) in the immediately preceding fiscal year, it may
continue to be so designated for the subsequent fis-
cal year even though it does not qualify as eligible
under such subsection in such additional year.
‘‘(5) HIGHER
NUMBER
OR
PROPORTION
OF
LOW-INCOME FAMILIES.—With the approval of the
State educational agency, eligible school attendance
areas or eligible schools which have higher propor-
tions or numbers of children from low-income fami-
lies may be skipped if they are receiving, from
non-Federal funds, services of the same nature and
scope as would otherwise be provided under this
part, except that—
‘‘(A) the number of children attending pri-
vate elementary and secondary schools who re-
ceive services under this part shall be deter-
mined without regard to non-Federal compen-
satory education funds which serve eligible chil-
dren in public elementary and secondary
schools, and
‘‘(B) children attending private elementary
and secondary schools who receive assistance
under this part shall be identified in accordance
with this section and without regard to skipping
public school attendance areas or schools under
this paragraph.
‘‘(c) ALLOCATIONS.—A local educational agency shall
allocate funds equally to school attendance areas or eligi-
ble schools under this chapter on the basis of the number
of children from low-income families enrolled.
‘‘SEC. 1014. ELIGIBLE CHILDREN.
‘‘(a) GENERAL PROVISIONS.—The eligible population
for services under this part are—
‘‘(1) children up to age 21 who are entitled to
a free public education through grade 12, and
‘‘(2) children who are not yet at a grade level
where the local educational agency provides a free
public education, yet are of an age at which they can
benefit from an organized instructional program pro-
vided in a school or other educational setting.
‘‘(b) LIMITED-ENGLISH PROFICIENT CHILDREN.—
Limited-English proficient children shall be eligible for
participation to the same extent as other participating
children.
‘‘(c) SPECIAL RULE.—Nothing in this chapter shall
be construed to prohibit the participation of any child in
a program or activity funded in whole or in part under
this chapter on grounds that the child has not been identi-
fied as educationally deprived.
‘‘SEC. 1015. PARENTAL INVOLVEMENT.
‘‘(a) GENERAL REQUIREMENTS.—Each school that
receives funds under this chapter shall implement pro-
grams, activities, and procedures for the involvement of
parents and other responsible family members, which shall
be planned and implemented together with parents of chil-
dren enrolled at the school and shall be of sufficient size,
scope, and quality to give reasonable promise of achieving
goals that include—
‘‘(1) the empowerment of parents and other re-
sponsible family members to contribute to the at-
tainment by their children of the high-level skills and
knowledge called for under this chapter;
‘‘(2) the provision for parents with the means
by which to understand the standards and the other
requirements of this chapter, and to hold schools ac-
countable for implementing and achieving the chap-
ter’s purposes;
‘‘(3) the achievement of full and effective par-
ticipation of parents, and, in the case of secondary
schools, students, in district and school-based plan-
ning, design, and implementation of programs and
activities required under this chapter to ensure that
as large a sector of the school community as possible
is working to effectively promote the outcomes re-
quired by this chapter;
‘‘(4) the inclusion of parents, and, in the case
of secondary schools, students, in the school-based
process required under this chapter, including—
‘‘(A) consideration and development of
local standards pursuant to section 1012(a)(3);
and
‘‘(B) the development of school achieve-
ment plans pursuant to section 1012(c)(2);
‘‘(5) the identification of parents and other
family members of participating children who could
benefit from programs to improve literacy, English
language, and other basic skills to more effectively
work with their children in the home to attain the
instructional objectives of programs, and to better
understand the program standards and requirements
under this chapter; and
‘‘(6) the training of teachers and other staff in-
volved in programs under this chapter to work effec-
tively with the parents of participating students and
build a partnership between home and school.
‘‘(b) MECHANISMS FOR PARENT INVOLVEMENT.—
‘‘(1) Each participating school shall establish a
parental involvement program that has the following
components:
‘‘(A) Effective notice shall be provided to
all parents of a school’s participation in the
program, and of a meeting that will be held at
the beginning of the school year to inform such
parents of the requirements of this chapter, and
of the programs and activities provided with
funds under this chapter, and to determine the
process for jointly developing a written plan for
parent involvement. The initial notice, times,
places, and substance of the meeting shall be
planned with parents to maximize parent par-
ticipation, with particular focus on reaching and
involving all sectors of the parent body, includ-
the plan shall be provided to all the parents and
incorporated into the school achievement plan
required by section 1012(c)(2). The parent in-
volvement plans shall state in a detailed and
comprehensible manner, at a minimum, the spe-
cific means for carrying out each requirement
contained in subsection (c).
‘‘(D) An annual evaluation of parent in-
volvement shall be conducted, with full parent
participation, that assesses the effectiveness of
parent involvement, and identifies any barriers
to greater participation, and any steps needed
to expand participation and, if necessary, to re-
vise the policy. As part of this evaluation, the
school officials and parents shall identify and
take steps to remove barriers resulting in lower
rates of participation in the parent organization
and in all phases of the parent involvement pro-
gram by parents who are low-income, have lim-
ited literacy, or have limited-English pro-
ficiency, or parents from any racial, ethnic or
linguistic background.
‘‘(E) If secondary schools are included in
the local program, students shall be involved in
developing, through similar mechanisms, a pol-
icy for full involvement of students in the de-
sign and implementation of the program.
‘‘(F) Each school shall ensure that parents
of limited-English proficient children are af-
forded the same access to parent involvement
opportunities as the access limited-English pro-
ficient children are afforded to the programs
funded under this chapter. The schools are au-
thorized to hire parent involvement facilitators
who are fluent in the non-English languages
represented among the children served at the
schools receiving funds under this chapter. The
school shall make every effort feasible to pro-
vide all information to parents with limited-
English proficiency in a language and form the
parents understand.
‘‘(2) Each local educational agency that receives
funds under this chapter—
‘‘(A) shall ensure participating schools’
compliance with this section;
‘‘(B) shall provide the coordination, tech-
nical assistance, and other support necessary to
assist participating schools in planning and im-
plementing effective parent involvement;
‘‘(C) shall establish a local parent resource
center, to assist parents to participate in the
parent involvement activities, except that local
educational agencies whose allocation is less
than the median allocation to all local edu-
cational agencies under this chapter may estab-
lish a center as a consortium with other local
educational agencies, provided that such center
is accessible to the parents of each agency; and
‘‘(D) shall reserve not less than 1 percent
of its allocation for carrying out the require-
ments of this section.
‘‘(c) PARENT INVOLVEMENT PROGRAMS AND ACTIVI-
TIES.—Each participating school and parents, and each
local educational agency and parents, together shall, in ac-
cordance with subsection (b)(1)(C), decide how to achieve
the goals contained in subsection (a), including—
‘‘(1) a comprehensive range of effective oppor-
tunities for parents to be involved, in an organized
and timely way, in all aspects of program planning,
design, implementation, and evaluation, including
the joint development and final approval of the
school achievement plan, including the uses of funds
under this chapter;
‘‘(2) timely response to the concerns and rec-
ommendations of parents;
‘‘(3) effective involvement of parents in the edu-
cation of their own children through family language
development programs, through support for the ef-
forts of parents to work with their children at home
to attain the instructional objectives of this chapter,
and through opportunities for parent participation in
school, including—
‘‘(A) training of parents in areas including
helping their children learn more effectively,
working with educators, monitoring student
progress, and understanding and evaluating the
program, its requirements, and the curriculum;
and
‘‘(B) the development and dissemination of
materials and other assistance to implement
home-based education activities that reinforce
classroom instruction and student motivation;
‘‘(4) the timely provision, in a manner and form
understandable to parents, of information needed for
full and effective involvement under paragraphs (1)
and (2) which, at a minimum, include—
‘‘(A) annual meetings and other regular
meetings at the school level throughout the
year, during which all parents of participating
children must be informed about the standards,
health and social services, assessment and en-
forcement provisions as required by this chap-
ter, the specific uses of funds, the specific in-
structional objectives and methods that will be
used in the schools, opportunities for involve-
ment both at home and school, and their rights
of involvement and access under this chapter as
parents of children in participating schools;
‘‘(B) reasonable access to observe class-
rooms;
‘‘(C) reasonable access to program docu-
ments including the school achievement plan, all
other local educational agency and school plans
and applications required by this chapter, infor-
mation on assessments, state and local stand-
ards, and enforcement, budget information,
evaluation data, and local State and Federal
laws, regulations, and guidelines, all of which
shall be publicized and readily available, upon
request; and
‘‘(D) provision to each parent of a state-
ment explaining the rights of the parent’s child
to educational programs and assistance which
conform to the requirements of section 1012.
The statement shall be translated, to the extent
feasible, into any language that a significant
percentage of the parents of participating chil-
dren speak as their primary language;
‘‘(5) frequent reports to parents on their chil-
dren’s progress as required by section 1012 (b), and
at least one parent-teacher conference per year to
discuss the child’s progress, program, and place-
ment, and what parents and the school can do to
further academic achievement;
‘‘(6) ongoing training of parents in areas, in-
cluding understanding the standards and the re-
quirements of this chapter, helping children learn
more effectively, working with educators, forming or-
ganizations and running meetings, monitoring stu-
dent progress, and understanding and evaluating the
program and its curriculum;
‘‘(7) Such reasonable support as parents, in as-
sessing their own needs, determine necessary and re-
quest for activities they undertake on their own ini-
tiative, such as newsletters, duplication of materials,
parent meetings (and incidental costs of attending
them), educational and training events, orientations,
the development and operation of parent resource
centers, and for educational events in which parents
would like to participate;
‘‘(8) a separate budget for parent involvement
adequate to carry out school policy;
‘‘(9) training for teachers, principals, and other
staff in the value and utility of contributions of par-
ents, in how to communicate and work with parents
as equal partners, how to implement and coordinate
parent programs, and how to build ties between
home and school; and
‘‘(10) appropriate roles for community-based
organizations in parent involvement activities, in-
cluding sufficient information to such organizations
about the programs and opportunities for them to
work with parents and schools, including providing
technical assistance and training to parents to im-
plement the goals of this section.
‘‘SEC. 1016. PARTICIPATION OF CHILDREN ENROLLED IN
PRIVATE SCHOOLS.
‘‘(a) GENERAL REQUIREMENTS.—To the extent con-
sistent with the number of economically deprived children
in the school district of the local educational agency who
are enrolled in private elementary and secondary schools,
such agency shall, after timely and meaningful consulta-
tion with appropriate private school officials, make provi-
sions for including special educational services and ar-
rangements (such as dual enrollment, educational radio
and television, computer equipment and materials, other
technology, and mobile educational services and equip-
ment) in which such children can participate. The edu-
cational services or other benefits, including materials and
equipment, must be secular and nonidealogical. Expendi-
tures for educational services and arrangements pursuant
to this section for economically deprived children in pri-
vate schools shall be equitable in comparison (taking into
account the number of children to be served and the spe-
cial educational needs of such children) to services and
expenditures for children enrolled in the public schools of
the local educational agency.
‘‘(b) BYPASS PROVISION.—
‘‘(1) If a local educational agency is prohibited
by law from providing for the participation in special
programs for economically deprived children enrolled
in private elementary and secondary schools as re-
quired by subsection (a), the Secretary shall waive
such requirements, and shall arrange for the provi-
sion of services to such children through arrange-
ments which shall be subject to the requirements of
subsection (a).
‘‘(2) If the Secretary determines that a local
educational agency has substantially failed to pro-
vide for the participation on an equitable basis of
economically deprived children enrolled in private el-
ementary and secondary schools as required by sub-
section (a), the Secretary shall arrange for the provi-
sion of services to such children through arrange-
ments which shall be subject to the requirements of
subsection (a), upon which determination the provi-
sions of subsection (a) shall be waived.
‘‘(3) When the Secretary arranges for services
pursuant to this subsection, the Secretary shall,
after consultation with the appropriate public and
private school officials, pay to the provider the cost
of such services, including the administrative cost of
arranging for such services, from the appropriate al-
location or allocations under this chapter.
‘‘(c) PRIOR DETERMINATION.—Any bypass deter-
mination by the Secretary under title I of the Elementary
and Secondary Education Act of 1965, as in effect prior
to July 1, 1993, or Chapter 1 of the Education Consolida-
tion and Improvement Act of 1981 shall remain in effect
to the extent consistent with the purposes of this chapter.
‘‘(d) CAPITAL EXPENSES.—
‘‘(1) A local educational agency may apply to
the State educational agency for payments for cap-
ital expenses consistent with the provisions of this
subsection. State educational agencies shall distrib-
ute funds to local educational agencies based on the
degree of need as set forth in the application. Such
an application shall contain information on such
capital expenses by fiscal year and shall contain an
assurance that any funds received pursuant to this
subsection shall be used solely for purposes of the
program authorized by this chapter.
‘‘(2)(A) From the amount appropriated for the
purposes of this subsection for any fiscal year, the
amount which each State shall be eligible to receive
shall be an amount which bears the same ratio to
the amount appropriated as the number of children
enrolled in private schools who were served under
chapter 1 of the Education Consolidation and Im-
provement Act of 1981 in the State during the pe-
riod July 1, 1984 through June 30, 1985, bears to
the total number of such children served during such
period in all States.
‘‘(B) Amounts which are not used by a State
for the purposes of this subsection shall be reallo-
cated by the Secretary among other States on the
basis of need.
‘‘(3) There is authorized to be appropriated
$100,000,000 for fiscal year 1995, $150,000,000 for
the fiscal year 1996, and such sums as may be nec-
essary for each of the fiscal years 1997, 1998, 1999,
through fiscal year 2004. Any sums appropriated
under this provision shall be used for increases in
capital expenses paid from funds under chapter 1 of
the Education Consolidation and Improvement Act
or this section subsequent to July 1, 1985, of local
educational agencies in providing the instructional
services required under section 557 of the Education
Consolidation and Improvement Act and this section,
when without such funds, services to private school-
children would have been or have been reduced or
would be reduced or adversely affected.
‘‘(4) For the purposes of this subsection, the
term ‘capital expenses’ is limited to expenditures for
noninstructional goods and services such as the pur-
chase, lease and renovation of real and personal
property (including but not limited to mobile edu-
cational units and leasing of neutral sites or space),
insurance and maintenance costs, transportation,
and other comparable goods and services.
‘‘SEC. 1017. FISCAL REQUIREMENTS.
‘‘(a) MAINTENANCE OF EFFORT.—
‘‘(1) Except as provided in paragraph (2), a
local educational agency may receive funds under
this chapter for any fiscal year only if the State edu-
cational agency finds that either the combined fiscal
effort per student or the aggregate expenditures of
that agency and the State with respect to the provi-
sion of free public education by that agency for the
preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expendi-
tures for the second preceding fiscal year.
‘‘(2) The State educational agency shall reduce
the amount of the allocation of funds under this
chapter in any fiscal year in the exact proportion to
which a local educational agency fails to meet the re-
quirement of paragraph (1) by falling below 90 per-
cent of both the combined fiscal effort per student
and aggregate expenditures (using the measure most
favorable to such local agency), and no such lesser
amount shall be used for computing the effort re-
quired under paragraph (1) for subsequent years.
‘‘(3) Each State educational agency may waive,
for 1 fiscal year only, the requirements of this sub-
section if the State educational agency determines
that such a waiver would be equitable due to excep-
tional or uncontrolled circumstances such as a natu-
ral disaster or a precipitous and unforeseen decline
in the financial resources of the local educational
agency.
‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP-
PLANT REGULAR NON-FEDERAL FUNDS.—A State edu-
cational agency or other State agency in operating its
State level programs or a local educational agency may
use funds received under this chapter only so as to supple-
ment and, to the extent practicable, increase the level of
funds that would, in the absence of such Federal funds,
be made available from non-Federal sources for the edu-
cation of pupils participating in programs and projects as-
sisted under this chapter and in no case may such funds
be so used as to supplant such funds from such non-Fed-
eral sources. In order to demonstrate compliance with this
subsection, no State educational agency, other State agen-
cy, or local educational agency shall be required to provide
services under this chapter through use of a particular in-
structional method or in a particular instructional setting.
‘‘(c) COMPARABILITY OF SERVICES.—
‘‘(1) A local educational agency may receive
funds under this chapter only if State and local
funds will be used in the district of such agency to
provide essential educational services in project
areas which, taken as a whole, are at least com-
parable to essential educational services being
provided in areas in such district which are not re-
ceiving funds under this chapter. Where all school
attendance areas in the district of the agency are
designated as project areas, the agency may receive
such funds only if State and local funds are used to
provide essential educational services which, taken as
a whole, are substantially comparable in each project
area.
‘‘(2) A State educational agency may receive
funds under this chapter only if State and local
funds will be used in the district of each local edu-
cational agency to provide essential educational serv-
ices which, taken as a whole, are at least comparable
to essential educational services being provided in
districts which are not receiving funds under this
chapter. In cases in which all districts in the State
receive funds under this chapter, the State may re-
ceive funds only if State and local funds are used to
provide essential educational services which, taken as
a whole, are substantially comparable in each dis-
trict.
‘‘(3) ASSURANCES.—
‘‘(A) A local educational agency shall be
considered to have met the requirements of
paragraph (1) if it has filed with the State edu-
cational agency a written assurance that it has
established and implemented a policy to ensure
the delivery of comparable essential educational
services to all participating children based on
comparable needs.
‘‘(B) A State educational agency shall be
considered to have met the requirements of
paragraph (2) if it has filed with the Secretary
a written assurance that it has established and
implemented a policy to ensure the delivery of
comparable essential educational services to all
participating children based on comparable
needs.
‘‘(C) Unpredictable changes in student en-
rollment or personnel assignments which occur
after the beginning of a school year shall not be
included as a factor in determining comparabil-
ity of services.
‘‘(4) Each educational agency shall develop pro-
cedures for compliance with the provisions of this
subsection, and shall annually maintain records doc-
umenting compliance. Each State educational agency
shall monitor the compliance of local educational
agencies within the State with respect to the require-
ments of this subsection.
‘‘(5) Each local educational agency with not
more than one building for each grade span shall not
be subject to the provisions of this subsection.
‘‘(6) Each State and local educational agency
which is found to be out of compliance with this sub-
section shall be ineligible for funds under this chap-
ter.
‘‘(d) EXCLUSION OF SPECIAL STATE AND LOCAL
PROGRAM FUNDS.—
‘‘(1)(A) For the purposes of determining com-
pliance with the requirements of subsections (b) and
(c), State and local educational agencies or a State
agency operating a program under part D of this
chapter may exclude State and local funds expended
for carrying out special programs to meet the edu-
cational needs of economically deprived children
after prior determination pursuant to paragraphs
(3) and (4) of this subsection that such programs
meet the requirements of subparagraph (B).
‘‘(B) A State or local program meets the re-
quirements of this subparagraph if it is similar to
programs assisted under this part. The Secretary
shall consider a State or local program to be similar
to programs assisted under this part if—
‘‘(i) all children participating in the pro-
gram are economically deprived,
‘‘(ii) the program is based on similar per-
formance objectives related to educational
achievement and is evaluated in a manner con-
sistent with those performance objectives,
‘‘(iii) the program provides supplementary
services designed to meet the special edu-
cational needs of the children who are partici-
pating,
‘‘(iv) the local educational agency keeps
such records and affords such access thereto as
are necessary to assure the correctness and ver-
ification of the requirements of this subpara-
graph, and
‘‘(v) the State educational agency monitors
performance under the program to assure that
the requirements of this subparagraph are met.
‘‘(2)(A) For the purpose of determining compli-
ance with the requirements of subsection (c), a local
educational agency may exclude State and local
funds expended for—
‘‘(i) bilingual education for children of lim-
ited English proficiency,
‘‘(ii) special education for children with
disabilities, and
‘‘(iii) certain State phase-in programs as
described in subparagraph (B).
‘‘(B) A State education program which is being
phased into full operation meets the requirements of
this subparagraph if the Secretary is satisfied that—
‘‘(i) the program is authorized and gov-
erned specifically by the provisions of State law;
‘‘(ii) the purpose of the program is to pro-
vide for the comprehensive and systematic re-
structuring of the total educational environment
at the level of the individual school;
‘‘(iii) the program is based on objectives,
including but not limited to, performance objec-
tives related to educational achievement and is
evaluated in a manner consistent with those ob-
jectives;
‘‘(iv) parents and school staff are involved
in comprehensive planning, implementation, and
evaluation of the program;
‘‘(v) the program will benefit all children in
a particular school or grade-span within a
school;
‘‘(vi) schools participating in a program
describe, in a school level plan, program strate-
gies for meeting the special educational needs
of economically deprived children;
‘‘(vii) at all times during such phase-in pe-
riod at least 50 percent of the schools partici-
pating in the program are the schools serving
project areas which have the greatest number
or concentrations of economically deprived chil-
dren;
‘‘(viii) State funds made available for the
phase-in program will supplement, and not sup-
plant, State and local funds which would, in the
absence of the phase-in program, have been
provided for schools participating in such pro-
gram;
‘‘(ix) the local educational agency is sepa-
rately accountable, for purposes of compliance
with the clauses of this subparagraph, to the
State educational agency for any funds ex-
pended for such program; and
‘‘(x) the local educational agencies carrying
out the program are complying with the clauses
of this subparagraph and the State educational
agency is complying with applicable provisions
of this paragraph.
‘‘(3) The Secretary shall make an advance de-
termination of whether or not a State program
meets the requirements of this subsection. The Sec-
retary shall require each State educational agency to
submit the provisions of State law together with im-
plementing rules, regulations, orders, guidelines, and
interpretations which are necessary for an advance
determination. The Secretary’s determination shall
be in writing and shall include the reasons for the
determination. Whenever there is any material
change in pertinent State law affecting the program,
the State educational agency shall submit such
changes to the Secretary.
‘‘(4) The State educational agency shall make
an advance determination of whether or not a local
program meets the requirements of this subsection.
The State educational agency shall require each local
educational agency to submit the provisions of local
law, together with implementing rules, regulations,
guidelines, and interpretations which are necessary
to make such an advance determination. The State
educational agency’s determination shall be in
writing and shall include the reasons for the deter-
mination. Whenever there is any material change in
pertinent local law affecting the program, the local
educational agency shall submit such changes to the
State educational agency.
‘‘SEC. 1018. HEALTH AND SOCIAL SERVICES.
‘‘(a) PURPOSES.—The obligations imposed on States,
State educational agencies and local educational agencies
under this section are for the purposes of assuring that
to the extent practicable, all school-aged children who are
eligible to participate in programs under this chapter enter
school ready and able to learn and have access to health
and social services sufficient to enable them to attend
school on a regular basis and to achieve the high-level
standards required under section 1012.
‘‘(b) STATE PLAN TO ELIMINATE BARRIERS
TO
LEARNING.—By January 1, 1996, and every two years
thereafter, each governor in consultation with the State
educational agency and other appropriate State agencies,
shall develop and submit to the Secretary a plan which
shall be coordinated with any existing State plan that
identifies, on a local educational agency and statewide
basis—
‘‘(1) barriers to learning experienced by eco-
nomically deprived children that stem from factors
external to the public school system, (including poor
health, poor nutrition, inadequate housing, and lack
of appropriate preschool and before- and after-school
supervision), that could be ameliorated by the provi-
sion of appropriate services by the local educational
agency or by referral of the children and their fami-
lies to service providers other than the local edu-
cational agency;
‘‘(2) the health, social services, and early edu-
cational programs necessary to ensure the attain-
ment of the readiness, attendance, and achievement
objectives described in subsection (a);
‘‘(3) how programs funded from a variety of
sources, including other Federal sources, are or will
be coordinated in a systematic way, on a statewide
basis, to ensure maximum effectiveness in the deliv-
ery of services to children and families with the ob-
jective of eliminating barriers to learning described
in subsection (b)(1);
‘‘(4) on a local educational agency basis, the ex-
tent to which such services are unavailable, inacces-
sible, or underutilized by the economically deprived
student population and their families, including bar-
riers to obtaining services faced by single or working
parent families and by families with limited literacy
or limited-English proficiency;
‘‘(5) measures that will be taken by the State
educational agency and by other State agencies to
increase access to and availability of the services
identified in subsection (b)(2), including—
‘‘(A) integration of services, so that one
agency may provide or coordinate a variety of
services for which a family may be eligible;
‘‘(B) colocation of health and social serv-
ices at school sites that receive funds under this
chapter to ensure, inter alia, that Medicaid-eli-
gible children receive early and periodic screen-
ing, diagnosis and treatment services;
‘‘(C) establishment of multiservice centers
for low-income families at or near school sites;
‘‘(D) adjustments to service eligibility re-
quirements and other regulatory or statutory
changes to facilitate access to services; and
‘‘(E) expansion of existing State or local
programs or the creation and funding of new
programs designed to meet the objectives of
subsection (a).
‘‘(6) In developing the plan required pursuant
to subsection (b), the Governor shall consult with
and involve—
‘‘(A) the State educational agency;
‘‘(B) State and local government agencies
charged with providing health and social serv-
ices to children and families;
‘‘(C) participating local educational agen-
cies;
‘‘(D) private and nonprofit entities en-
gaged in child advocacy, resource, and referral
and entities that provide direct services to chil-
dren and families, including Head Start and
other programs or facilities providing early
childhood services; and
‘‘(E) parent and teacher representatives.
‘‘(7) Copies of the plan shall be furnished to the
State educational agency, to each local educational
agency and to all public agencies that provide
health, welfare and social services to children and
their families. The plan shall specifically identify the
barriers that are within the jurisdiction of such
agencies. Copies shall also be provided to statewide
parent and teacher organizations.
‘‘(8) By January 1, 1997, each State shall
begin implementation of the measures specified in
subsection (b)(5). The State educational agency
shall report by January 1, 1999, and every two
years thereafter to the Secretary on progress in
eliminating the barriers identified in subsection
(b)(1) and on providing the services called for by
subsection (b)(2). Copies of the annual reports shall
be furnished to the Governor, to State health and
social service agencies, to all local educational agen-
cies, and to statewide parent and teacher organiza-
tions.
‘‘(c) LOCAL EDUCATIONAL AGENCIES REPORT.—By
June 1, 1996, each participating local educational agency
shall identify and report to the State educational agency—
‘‘(1) barriers to learning experienced by eco-
nomically deprived children which stem from fac-
tors—
‘‘(A) external to the public school system,
(including poor health, poor nutrition, inad-
equate housing, and lack of appropriate pre-
school and before- and after-school supervision);
and
‘‘(B) internal to the public school system
(including poor or inadequate facilities, insuffi-
cient staff and other resources, and lack of par-
ticipation in Federally subsidized school nutri-
tion programs) that could be ameliorated by the
provision of appropriate services by the local
educational agency or by referral of the children
and their families to service providers other
than the local educational agency;
‘‘(2) the extent to which the health, social serv-
ice, and early educational inputs necessary to ensure
the attainment of the readiness, attendance, and
achievement objectives described in subsection (a)
are unavailable, inaccessible, or underutilized by the
economically deprived student population and their
families;
‘‘(3) the extent to which locally-based collabo-
rative efforts among education, health, and social
service providers might facilitate increased access
and effective delivery of the services;
‘‘(4) the extent to which additional resources
are needed by the local educational agency to accom-
plish the purposes of this section;
‘‘(5) the measures that will be undertaken lo-
cally to ameliorate or eliminate the barriers de-
scribed in paragraphs (1) and (2), and to comply
with subsection (d); and
‘‘(6) in preparing its report pursuant to sub-
section (c), each local educational agency shall con-
sult with county and municipal health and social
service providers, housing officials, Head Start and
other early childhood providers, and organizations
representing parents and teachers.
‘‘(d) DUTY OF LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) Each local educational agency shall ensure
that all participating children attending schools re-
ceiving funds under this chapter are—
‘‘(A) fully immunized upon entry to school;
‘‘(B) screened for nutritional and devel-
opmental deficiencies, for hearing and vision
problems that may impair learning, for alcohol
or substance abuse, and for any other health or
environmental conditions that in the judgment
of the local educational agency, are likely to im-
pair learning; and
‘‘(C) referred by school or local educational
agency staff to appropriate service providers in
the community, and that designated staff follow
up to determine whether the services were re-
ceived by the children referred.
‘‘(2) Each participating local educational agen-
cy shall cooperate with State efforts to comply with
subsection (b) and shall participate, as required or
encouraged by the State educational agency, in the
State plan to eliminate barriers to learning described
in subsection (b)(1).
‘‘(e) USE OF FUNDS.—Local educational agencies
may use funds under this chapter to pay professional and
other staff salaries, and other reasonable expenses, in-
curred in carrying out the purposes of this section, includ-
ing integration and coordination of services with other
local, State, or Federal providers.
‘‘SEC. 1019. ASSESSMENT.
‘‘(a) PURPOSES OF ASSESSMENT.—Each of the three
types of assessments conducted under this section of stu-
dents, schools, local educational agencies, State education
agencies and of the program under this chapter has a sep-
arate purpose—
‘‘(1) as set forth in subsection (b), to provide
information and guidance to teachers, parents, and
others on the progress being made by individual stu-
dents in meeting the content standards prescribed in
section 1012, and to serve as an aid in improving in-
struction, curriculum, and the performance of stu-
dents;
‘‘(2) as set forth in subsection (c), to provide a
means for evaluating the effectiveness of the pro-
gram under this chapter on a national basis so that
any needed changes can be made to aid in reaching
the goals of this chapter of assuring that children of
low-income families acquire the high level knowledge
and skills that are necessary for sustained success;
and
‘‘(3) as set forth in subsections (d) through (g)
of this section to provide a means for holding indi-
vidual schools, local educational agencies, and State
educational agencies accountable for student per-
formance in meeting the content standards pre-
scribed in section 1012, and to serve as a basis for
recognizing and rewarding the entities that improve
student performance and for taking corrective action
with respect to the entities that do not, pursuant to
section 1012.
‘‘(b) ASSESSMENTS TO AID STUDENT PROGRESS.—
‘‘(1) Each local educational agency and school
shall implement assessment measures that are de-
signed to provide information and guidance to teach-
ers, parents, and students on the progress being
made by individual students in meeting the stand-
ards prescribed in section 1012 and to aid in im-
proving the performance of individual students. Such
assessment measures shall aid teachers in evaluating
the progress that individual students are making on
the curriculum and on classroom tasks, shall be con-
trolled and administered by teachers, and shall be an
integral part of the instructional program.
‘‘(2) At least once each year, each school shall
inform parents of the progress their children are
making in meeting the standards prescribed in sec-
tion 1012 and shall provide specific information on
deficiencies in performance and on assistance avail-
able to remedy deficiencies.
‘‘(3) Each local educational agency and school
shall disseminate to parents, students and teachers
a description and explanation of the curriculum in
use at the school, of the forms of assessment used
to measure student progress, and of the proficiency
levels students are expected to meet.
‘‘(4) Each local educational agency and school
shall assure that the methods of assessment em-
ployed are integrated with curriculum and instruc-
tion, foster teaching and learning, are adaptable to
diverse student populations, encourage self-reflection
and decisionmaking, emphasize students’ strengths
and incorporate into the design and implementation
those elements and characteristics that enable all
students to benefit from instructional practices and
assessment outcomes, including opportunities for
limited English proficient students to be assessed in
their primary language.
‘‘(c) ASSESSMENTS TO EVALUATE CHAPTER 1.—The
Secretary shall—
‘‘(1) submit to the President, the Congress and
the public at least biannually a report evaluating na-
tional progress in equipping economically deprived
students with the knowledge and skills called for by
this chapter and evaluating the effectiveness of this
chapter in achieving stated goals;
‘‘(2) in carrying out the evaluations called for
by such a report, use the National Assessment of
Educational Progress or other forms of assessment
that are consistent with the assessment measures
that are required by this section; and
‘‘(3) develop evaluation methods that facilitate
comparisons of information about student outcomes
by State however, the Secretary shall not deny ap-
proval to an otherwise acceptable State educational
agency assessment program on grounds that it does
not permit comparisons between States, or require
State educational agencies to collect or aggregate
data solely for the purpose of Federal evaluation
under this subsection.
‘‘(d) DUTY TO ASSESS FOR ACCOUNTABILITY PUR-
POSES.—
‘‘(1) Each participating State educational agen-
cy shall adopt by January 1, 1997, and describe in
its application to the Secretary for fiscal year 1998
a set of assessments that the State educational
agency proposes to use as its primary means for
gauging the performance of local educational agen-
cies that participate in the program under this chap-
ter in enabling students, including limited-English
proficient students, to meet the standards set forth
in section 1012.
‘‘(2) Each participating State educational agen-
cy may authorize any local educational agencies
within its jurisdiction to use its own measures of as-
sessment for accountability purposes, if such meas-
ures meet all of the requirements of this section and
are approved by the State educational agency.
‘‘(3) If any State education agency fails by Jan-
uary 1, 1997, to adopt an assessment program that
meets the requirements of this section, such agency
shall be required to select one of the assessment pro-
grams approved by the Secretary pursuant to para-
graph (4), but selection of an assessment program
under this subsection shall not relieve the State edu-
cational agency of the requirements under this chap-
ter that assessments be aligned with standards and
curriculum.
‘‘(4) The Secretary shall approve only assess-
ment measures—
‘‘(A) that meet the requirements of sub-
section (c);
‘‘(B) that are aligned with State standards
and that have been validated in terms of their
particular uses and consequences and to assure
racial, ethnic, and gender fairness; and
‘‘(C) that provide for periodic monitoring
to assure continuing validity.
‘‘(e) SCOPE, FREQUENCY, CHARACTERISTICS
AND
METHODS OF ASSESSMENT.—
‘‘(1) SCOPE AND FREQUENCY.—
‘‘(A) Assessments for accountability shall
be conducted annually in the grades designated
under subparagraph (B) in all participating
schools and shall be applied to at least a sample
of all students, provided, however, that where
sampling methods are used, the sample shall be
constructed so as to yield representative data—
100
sess a student who has been clearly dem-
onstrated, using valid evaluation methods, to be
so severely disabled as to lack the capacity to
make educational progress in meeting the
standards set out in section 1012 even with the
provision of supplemental services.
‘‘(E) No student shall be exempted from
assessment on grounds that the student has not
attended a particular school or has not been a
resident in the local educational agency attend-
ance area for a full academic year, but—
‘‘(i) the performance of students who
have attended more than one school in a
local educational agency in any academic
year shall not be used in determining the
progress of any individual school but only
in determining the progress of the local
educational agency; and
‘‘(ii) the performance of students who
have not resided in the local educational
agency for a full academic year shall not
be used to determine the progress either of
any individual school or of the local edu-
cational agency.
101
‘‘(2) CHARACTERISTICS.—In addition to the re-
quirements set forth in subsection (d)(4), the assess-
ment instruments adopted pursuant to this sub-
section shall meet the following criteria:
‘‘(A) Except for grade 1, assessments shall
measure the proficiency of students in subjects
including reading, mathematics, writing, his-
tory, geography and science.
‘‘(B) In grade 1, assessments shall be con-
ducted only to determine the acquisition of de-
velopmentally appropriate levels of skills in oral
language, emerging reading skills, and social
skills important to progress in school.
‘‘(C) Assessments shall provide an accurate
measure of the proportion of students attaining
nonproficient, partially proficient, proficient,
and highly proficient levels of achievement in all
aspects of each subject.
‘‘(D) There shall be some variation in the
particular items used from one assessment to
the next, so that students can be prepared for
the test only by being taught a full range of im-
portant knowledge and skills.
‘‘(E) Assessments shall state clearly what
is sought to be measured in the assessment and
102
shall be designed to gauge only the proficiency
and accomplishments of students rather than
any presumed innate traits or characteristics.
‘‘(F) Local educational agencies and indi-
vidual schools are required to determine if a
student has limited English proficiency and to
monitor the student’s English language acquisi-
tion progress by using assessments based on
sound psychometric practice and theoretically
based research, including contemporary theories
and research, on language proficiency and com-
municative competence. Schools should not base
placement decisions about language assistance
services on a single test or assessment score but
on a profile that summarizes results of multiple
assessments 
and 
attends 
to 
the 
multi-
dimensional aspects of language skills.
‘‘(G) In determining the appropriate place-
ment for a limited English proficient student,
the procedures need to accurately assess stu-
dents’ language proficiency and content knowl-
edge so that schools can provide appropriate in-
struction that builds on existing linguistic and
cognitive skills.
103
‘‘(H) In assessing students’ mastery of
skills in subjects other than English, students
of limited-English proficiency shall be assessed,
to the extent practicable, in the language and
form most likely to yield accurate and reliable
information on what the limited English pro-
ficient students know and can do.
‘‘(3) METHODS.—
‘‘(A) In carrying out its duties pursuant to
subsection (d)(1) each State educational agency
shall employ multiple methods of assessment
tailored to its standards.
‘‘(B) The local educational agency shall
identify the languages other than English that
are present in the participating student popu-
lation and make a determination of the lan-
guages for which appropriate assessment meas-
ures are not available and are needed. If the
local educational agency is unable to develop
appropriate assessment measures in these lan-
guages, the local educational agency shall notify
the State educational agency of the absence of
such assessment measures. The State edu-
cational agency shall notify the Secretary and
make every effort to identify or develop such as-
104
sessment measures. Upon notification by the
State educational agency, the Secretary shall
also assist in the identification of appropriate
assessment measures in the needed languages
through the Assistant Secretary of the Office of
Bilingual Education and Minority Languages
Affairs.
‘‘(f) PREREQUISITES FOR IMPLEMENTATION OF AS-
SESSMENTS.—
‘‘(1) Prior to the conduct of the first assess-
ment for accountability, each State educational
agency shall, with the assistance of each local edu-
cational agency, disseminate widely to parents,
teachers, and students an understandable statement
of the standards expected of participating students,
the goals of the assessment instruments, the uses of
the assessment, and the knowledge and skills to be
assessed. Such statements shall include examples of
student work at the appropriate level that would
meet the standard at such level.
‘‘(2) As soon as feasible, but prior to the ad-
ministration of the second assessment, each State
educational agency shall—
‘‘(A) complete all necessary steps, by devel-
oping curriculum frameworks or model curric-
105
ula and by providing training or assistance to
local educational agencies, to assure that cur-
riculum is revised in a manner that will enable
students to meet the standards set forth in sec-
tion 1012; and
‘‘(B) adopt measures, including those re-
quired by section 1012, to assure that teachers
in schools receiving funds under this chapter
have the capacity to implement instructional
strategies designed to equip children with the
ability to perform successfully on the assess-
ments required by this section.
‘‘(g) USES OF ASSESSMENTS AND SAFEGUARDS.—
‘‘(1) The assessments developed under sub-
section (d) shall be used by State and local agencies
to improve the performance of participating schools
to enable students participating under this chapter
to master high level knowledge and skills.
‘‘(2) The Secretary shall report the information
gathered through the assessments required by sub-
section (d) in such a way as to permit evaluation of
the annual progress made by the State, by each local
educational agency, and by each school in which the
assessment is conducted, and within each State,
local educational agency, and school, by each major
106
racial and ethnic group, by English proficiency sta-
tus and by economically deprived students as com-
pared to students who are not economically deprived.
‘‘(3) The assessments prescribed by subsection
(d) shall not be used by State and local educational
agencies to withhold from any student a high school
diploma or other form of certification or for retain-
ing students in grade.
‘‘SEC. 1020. ENFORCEMENT.
‘‘(a) STATE ENFORCEMENT PROCESS.—Each State
educational agency shall develop and submit to the Sec-
retary not later than January 1, 1997, a plan for an en-
forcement process designed to assure the performance of
all responsibilities vested by this chapter in the State edu-
cational agency and in all local educational agencies and
schools under its jurisdiction. The enforcement process
shall consist of the following elements:
‘‘(1) Provisions shall be designed to assure that
within five years after the completion of the first as-
sessment conducted pursuant to sections 1012 and
1020, all participating schools in which 50 percent
or more of the students enrolled are economically de-
prived will have made substantial progress pursuant
to the criteria established in section 1431 in assist-
ing all participating students in reaching proficient
107
or highly proficient levels of achievement appropriate
to their grade level under the standards provided for
in section 1012 and, in the event that substantial
progress has not been made to assure that the edu-
cational environment and services made available to
students will be changed significantly enough to en-
able them to reach these levels.
‘‘(2) Provisions shall be designed to assure that
within five years after the completion of the first as-
sessment conducted pursuant to sections 1012 and
1020, participating schools in which less than 50
percent of the students enrolled are economically de-
prived will have made substantial progress pursuant
to the criteria established in section 1431 in assist-
ing economically deprived students in reaching pro-
ficient or highly proficient levels of achievement ap-
propriate to their grade level under the standards
provided for in section 1012 and, in the event that
substantial progress has not been made to assure
that the educational environment and services made
available to economically deprived students will be
changed significantly enough to enable them to
reach these levels.
‘‘(3) Assurance shall be provided by the State
educational agency that persons charged with re-
108
sponsibility under this chapter are provided with
adequate resources, pursuant to the requirements of
section 1012 and section 1018 and with adequate
decisionmaking authority to carry out their duties
effectively.
‘‘(4) A timetable for the achievement of the ob-
jectives specified in paragraphs (1) and (2), which
shall include—
‘‘(A) an identification, beginning with the
third annual assessment, of local educational
agencies and individual schools that are failing
to make substantial progress pursuant to the
criteria developed under section 1431, in de-
creasing the proportions of children who are not
proficient and in increasing the proportions of
children who have attained the proficient and
highly proficient levels of achievement called for
in sections 1012 and 1020;
‘‘(B) for those identified schools failing to
make substantial progress, the State edu-
cational agency shall appoint an inspector or in-
spection team, where the school or local edu-
cational agency has a 5 percent limited-English
proficient student population, the inspector or
inspection team shall be knowledgeable about
109
effective education strategies for limited Eng-
lish proficient students. The inspector or in-
spection team shall promptly visit the site to
determine—
‘‘(i) whether the identification of the
local educational agency or school as hav-
ing failed to make substantial progress has
resulted from a consistent application of
State educational agency standards and as-
sessment programs throughout the State
or local educational agency and, if so
‘‘(ii) whether there are immediate
measures that may be undertaken by the
local educational agency or school that
hold substantial promise of demonstrating
substantial progress pursuant to the cri-
teria developed under section 1431 within
a period not to exceed 120 days from the
date of the visit. If the inspection team de-
termines that such immediate measures
hold promise and are warranted it shall
have authority to order the implementation
of such measures and to secure from the
State educational agency or local edu-
cational agency resources that it deter-
110
mines are necessary to secure substantial
progress. Any violations of Federal civil
rights law shall be referred to the Office of
Civil Rights, Department of Education;
‘‘(C) the publication and dissemination to
teachers, parents, students, and the community
of the results of the school and local educational
agency assessments and the convening of public
meetings to explain the results of the assess-
ments and to describe any corrective action that
will be undertaken; and
‘‘(D) the prescription of measures that will
be taken to change the educational environment
if, after the fourth assessment, a local edu-
cational agency or an individual school fails to
make substantial cumulative progress pursuant
to the criteria developed under section 1431.
‘‘(5) The changes in educational environment
called for in subparagraph (D) shall be provided
through benefits in the form of incentives and re-
wards that enhance the resources and status of suc-
cessful schools, by sanctions that close or change the
operation of unsuccessful schools and by other meas-
ures that provide opportunities for students to move
from unsuccessful to successful schools. Such bene-
111
fits, sanctions, and other measures shall be applied
to schools and local educational agencies and shall
be both individual and institutional in character:
‘‘(A) In the case of individual schools that
make substantial progress, benefits may in-
clude—
‘‘(i) institutional rewards, such as rec-
ognition for the school, greater decision-
making authority at the school building
level, increased access to resources or
supplemental services such as summer pro-
grams that may be used to sustain and in-
crease success, additional financial assist-
ance to accommodate the needs of students
who transfer under the provisions of para-
graph (5)(C), otherwise enable the school
to serve larger numbers of eligible children
or to render assistance to other schools; or
‘‘(ii) individual rewards, such as rec-
ognition of school staff, additional profes-
sional development opportunities, opportu-
nities to participate in special projects
involving increased responsibility, such as
curriculum development projects, and fi-
nancial bonuses.
112
‘‘(B) In the case of individual schools that
fail to make substantial progress, sanctions may
include—
‘‘(i) institutional penalties, such as
publication of the deficiencies of the school,
loss of decision-making authority at the
school building level, the initiation of alter-
native governance arrangements or closing
of the school; or
‘‘(ii) individual penalties, such as re-
ductions in pay, dismissal, or transfer of
the principal or other staff members in ac-
cordance with the applicable provisions of
state law or collective bargaining agree-
ments provided, however, that no staff
member transferred under the provisions
of this subsection shall be retained as a
staff member at a participating school.
‘‘(C) Notwithstanding the adoption of any
other measure under paragraph (5)(B) applying
to schools that fail to make substantial
progress, the State educational agency shall es-
tablish a right of transfer by students from
schools that are failing to make substantial
progress to other schools in the local edu-
113
cational agency that are making such progress,
and shall assure that adequate resources are
provided for transportation to make the right
effective.
‘‘(D) In the cases of local educational
agencies that make substantial progress, bene-
fits may include, but are not limited to, institu-
tional and individual rewards of the kind de-
scribed for individual schools in paragraph
(5)(A), but that are applicable on a districtwide
level.
‘‘(E) In the case of local educational agen-
cies that fail to make substantial progress, pen-
alties may include—
‘‘(i) dismissal of the superintendent or
other local educational agency personnel by
the State educational agency;
‘‘(ii) appointment by the State edu-
cational agency of a receiver or trustee to
administer the affairs of the local edu-
cational agency in place of the super-
intendent and school board;
‘‘(iii) the removal of particular schools
from the jurisdiction of the local edu-
cational agency and the establishment of
114
alternative arrangements for governing and
supervising such schools; or
‘‘(iv) abolition or restructuring of the
local educational agency through annex-
ation by other local educational agencies or
by other means.
‘‘(F) Notwithstanding the adoption of any
other measure under paragraph (5)(E) applying
to local educational agencies that fail to make
substantial progress, the State educational
agency shall establish a right of transfer by stu-
dents from local educational agencies that are
failing to make substantial progress to schools
in other local educational agencies that are
making such progress, and shall assure that
adequate resources are provided for transpor-
tation to make the right effective.
‘‘(6) COMPLAINT ADJUDICATION.—
‘‘(A) An administrative process shall be es-
tablished within the State educational agency
for the adjudication of complaints by parents,
students, teachers, other school staff or their
representatives. Such process shall provide to
complainants remedies for the failure of a local
educational agency or school to comply with the
115
opportunity to learn standards set forth in sec-
tion 1012, unless such local educational agency
or school has made substantial progress under
section 1431 of this section, to carry out the
staff development obligations set out in section
1012 to implement the parent involvement
measures set out in section 1016 and imple-
mentation of section 1017. Included in the
process shall be the method by which the State
educational agency will notify parents and stu-
dents about the availability of administrative
remedies and the provision of technical assist-
ance to parents and students who avail them-
selves of such remedies. The process shall speci-
fy timelines designed to assure that decisions
will be reached in an expeditious manner and
also provide for the appointment of independent
administrative law judges whose sole respon-
sibilities are administration adjudication. State
educational agencies are encouraged to supple-
ment this administrative process by establishing
procedures for conciliation or other forms of al-
ternative dispute resolution to resolve disputes
within a local educational agency between local
educational agency officials, teachers and other
116
staff, parents, and students on matters within
the purview of this chapter.
‘‘(B) The State educational agency shall
establish procedures that effectively prevent re-
taliatory personnel practices by any recipient
against an employee for assisting or dem-
onstrating an intent to assist in securing any
right guaranteed by this chapter or in achieving
compliance with any requirement of this chap-
ter.
‘‘(b) DUTIES OF THE SECRETARY.—To assure com-
pliance with all provisions of this chapter, the Secretary
shall—
‘‘(1) initiate enforcement action in any case
where a State educational agency fails to comply
with its obligations under section 1012 (Standards,
Assurances, Applications and Capacity Building),
section 1019 (Health and Social Services), section
1020 (Assessment) and section 1021 (Enforcement)
of this chapter or where a local educational agency
or school fails to comply with obligations under sec-
tion 1012 (Standards, Assurances, Applications and
Capacity Building), section 1016 (Parent Involve-
ment), section 1019 (Health and Social Services),
section 1020 (Assessment) and section 1021 (En-
117
forcement) of this chapter, but such an action may
not be commenced against a local educational agency
or school that has made substantial progress;
‘‘(2) prepare and publish annually a report to
the Congress and the public on the status of imple-
mentation for each state, which report will describe
whether substantial progress is being made on a
statewide basis and assess the adequacy of State en-
forcement; and
‘‘(3) ensure that notwithstanding the State’s
primary role in the enforcement of this chapter, the
Department of Education’s Office for Civil Rights
shall monitor and enforce compliance with Title VI
of the Civil Rights Act of 1964, in particular non-
discriminatory access of limited-English proficient
students to participation under this chapter.
‘‘SEC. 1021. RESEARCH, DEVELOPMENT, EVALUATION, AND
DISSEMINATION.
‘‘(a) The Secretary shall reserve the greater of
$70,000,000 or 1 percent of funds appropriated under this
chapter each year to fund research, development, evalua-
tion, and dissemination of effective practices and strate-
gies for the education of economically deprived children,
including assistance to universities, research organiza-
tions, and other institutions—
118
‘‘(1) to develop, evaluate, and disseminate pro-
grams, materials, teaching methods, staff develop-
ment methods, school organization plans, and other
replicable programs and practices intended to en-
hance the higher order skills of students attending
participating schools as defined in this chapter;
‘‘(2) to conduct third-party, independent eval-
uations of programs and practices identified by the
Secretary as promising;
‘‘(3) to study the processes by which schools
adopt, adapt, and institutionalize innovations; to
identify and study unusually effective schools and
programs funded under this chapter; to experiment
with means of implementing and maintaining com-
prehensive school-wide organizational improvements;
and to conduct other research needed to provide par-
ticipating schools with the exemplary instructional,
curricular, organizational, and professional develop-
ment programs;
‘‘(4) to fund formative evaluation of changes in
educational systems brought about in whole or in
part as a result of this chapter, including assistance
to universities, research organizations, State and
local educational agencies, and other institutions to
conduct research and evaluation at the State, local
119
educational agency and school level including, but
not limited to, research either singly or in combina-
tion—
‘‘(A) on uses, types, and effects of stand-
ards developed and promulgated pursuant to
section 1012 of assessment systems developed
pursuant to section 1020; and of enforcement
systems developed pursuant to section 1021;
‘‘(B) on the school planning, improvement,
decisionmaking, assistance, and parent involve-
ment processes undertaken pursuant to sections
1012, 1016, and 1021; and
‘‘(C) on the types and effects of changes in
State and local educational agency resource al-
location systems attributable to the require-
ments of sections 1013, 1014, and 11018.
‘‘(5) to provide assistance to developers of suc-
cessful programs to establish national or regional
dissemination to replicate their programs, which may
include model ‘‘lighthouse’’ schools to serve State or
region;
‘‘(6) to inform staff of participating schools
about alternative, effective programs and strategies
that may meet their needs;
120
‘‘(7) to establish predoctoral and postdoctoral
fellowships and training programs to attract talented
social scientists and educators, especially members of
underrepresented minority groups, into research and
development of programs for deprived students, and
to provide such persons with high-quality training;
and
‘‘(8) to provide periodic summaries of research
on topics relevant to the design and implementation
of effective chapter 1 programs, such as research on
reading and content area instruction, parent involve-
ment, early childhood education, grouping, classroom
assessment, and motivation. Such summaries shall
be written for and disseminated to parents and com-
munity members, as well as for educators.
‘‘(b) The provisions in this section are intended to
supplement and not to supersede research functions cur-
rently retained by the United States Department of Edu-
cation, such as those of Policy Evaluation Services and
the Office of Educational Research and Improvement.’’.
TITLE II—ADDITIONAL
EDUCATION AMENDMENTS
SEC. 201. PAYMENTS.
Part E of title I of the Elementary and Secondary
Education Act of 1965 is amended to read as follows:
121
‘‘PART E—PAYMENTS
‘‘SEC. 1404. PAYMENTS FOR STATE ADMINISTRATION.
‘‘(a) IN GENERAL.—The Secretary is authorized to
pay to each State amounts equal to the amounts expended
by it for the proper and efficient performance of its duties
under this chapter, except that the total of such payments
in any fiscal year shall be the greater of the following:
‘‘(1) 2 percent of the amount allocated to the
State and its local educational agencies and to other
State agencies as determined for that year under
parts A and D for program administration, includ-
ing compliance with the provisions of sections 1012,
1019, and 1021, and for coordinating the inclusion
of limited-English proficient students; and
‘‘(2) 2 percent of the amount allocated to the
State and its local educational agencies and to other
State agencies as determined for that year under
parts A and C for fiscal years 1995, 1996, and 1997
and 1 percent in each year thereafter for the devel-
opment and implementation of the assessment pro-
gram authorized by sections 1020 and 1021, in par-
ticular for the development of linguistically acces-
sible assessment instruments; or
‘‘(3) $650,000, or $100,000 in the case of
Guam, American Samoa, the Virgin Islands, the
122
Northern Mariana Islands, or the Trust Territory of
the Pacific Islands.
‘‘(b) LIMITATION ON INDIRECT COSTS.—Not more
than 15 percent of the State administrative allocation
under subsection (a) may be used for indirect costs of the
grant.
‘‘SEC. 1405. FUNDS FOR THE IMPLEMENTATION OF SCHOOL
IMPROVEMENT PROGRAMS.
‘‘(a) GENERAL AUTHORITY.—The Secretary is au-
thorized to pay to each State, for the purpose of carrying
out program improvement activities described in section
1012(c)(4) and to provide supplemental capacity building
grants to support projects conducted within the State in
an amount equal to—
‘‘(1) 8 percent of the amount allocated to the
State and its local educational agencies as deter-
mined under parts A and D;
‘‘(2) $135,000 or $22,500 in the case of Guam,
American Samoa, the Virgin Islands, the Northern
Mariana Islands, or the Trust Territory of the Pa-
cific Islands; or
‘‘(3) any amounts paid to schools and local edu-
cational services under this section shall be supple-
mental to the funds received by them pursuant to
section 1402.
123
‘‘(b) LIMITATIONS.—
‘‘(1) No funds made available to States under
subsection (a) may be used for administrative func-
tions related to any provisions of this chapter.
‘‘(c) 
SUPPLEMENTAL
CAPACITY
BUILDING
GRANTS.—
‘‘(1) Funds made available to States under this
section shall also be used to support projects con-
ducted within the State by local educational agencies
or schools designed to demonstrate the following:
‘‘(A) Innovative staff development and
school improvement strategies aimed at improv-
ing the capacity of participating schools to meet
the standards for economically deprived chil-
dren and limited English proficient students re-
quired by section 1012(a).
‘‘(B) Research-based approaches to educat-
ing and assessing economically deprived and
limited English proficient children, including in-
structional and curricular approaches.
‘‘(C) Innovative schoolwide projects for
schools in which 50 percent or more of the stu-
dents enrolled are economically deprived.
‘‘(2) State educational agencies will be respon-
sible for setting up a procedure for awarding such
124
grants and for evaluating the effectiveness of the
program and individual grants. Qualified recipients
shall be determined by the State educational agency.
‘‘(3) Any local educational agency or school re-
ceiving funds under this section is not relieved of
any of its obligations under Chapter 1, in particular
the obligations imposed by section 1021.’’.
SEC. 202. GENERAL PROVISIONS.
Part F of title I of the Elementary and Secondary
Act of 1965 is amended to read as follows:
‘‘PART F—GENERAL PROVISIONS
‘‘Subpart 1—Federal Administration
‘‘SEC. 1431. FEDERAL REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
issue such regulations as are considered necessary to rea-
sonably ensure that there is compliance with the specific
requirements and assurances required by this chapter.
‘‘(b) PROCEDURE.—
‘‘(1) Prior to publishing proposed regulations
pursuant to this chapter, the Secretary shall convene
regional meetings which shall provide input to the
Secretary on the content of proposed regulations.
Such meetings shall include representatives of Fed-
eral, State and local administrators, parents, teach-
ers, including teachers who are familiar with effec-
125
tive instructional approaches for economically de-
prived and limited English proficient children, and
members of local boards of education involved with
implementation of programs under this chapter.
‘‘(2) Subsequent to regional meetings and prior
to publishing proposed regulations in the Federal
Register, the Secretary shall prepare draft regula-
tions and submit regulations on a minimum of 4 key
issues to a modified negotiated rulemaking process
as a demonstration of such process. The modified
process shall waive application of the Federal Advi-
sory Committee Act, but shall otherwise follow the
guidance provided in the Administrative Conference
of the United States in Recommendation 82–4,
‘‘Procedures for Negotiating Proposed Regulations’’
(47 Fed. Reg. 30708, June 18, 1982) and any suc-
cessor regulation. Participants in the demonstration
shall be chosen by the Secretary from among partici-
pants in the regional meetings, representing the
groups described in paragraph (1) and all geo-
graphic regions. The demonstration shall be con-
ducted in a timely manner in order that final regula-
tions may be issued by the Secretary within the 240-
day period required by section 421(g) of the General
Education Provisions Act.
126
‘‘(3) In an emergency situation in which regula-
tions pursuant to this chapter must be issued within
a very limited time to assist State and local edu-
cational agencies with the operation of the program,
the Secretary may issue a regulation without such
prior consultation, but shall immediately thereafter
convene regional meetings to review the emergency
regulation prior to issuance in final form.
‘‘(c) COMPILATION AND REPORTING.—The Secretary
shall prescribe, by regulation, forms for the compilation
and public reporting of the information necessary to deter-
mine if the purposes of this Act have been fulfilled. The
regulations shall include—
‘‘(1) standards to determine whether among
local educational agencies in a State and among
schools in a local educational agency, essential edu-
cational services are comparable within a reasonable
range pursuant to section 1018(c);
‘‘(2) the method for compiling and reporting in-
formation gathered through the assessments re-
quired by section 1020. The information shall be re-
ported in such a way as to permit evaluation of the
annual progress made—
127
‘‘(A) by the State, by each local edu-
cational agency, and by each school in which
the assessment is conducted; and
‘‘(B) within each State, local educational
agency and school, by race, national origin, sta-
tus as a limited-English proficient student, and
economically deprived students as compared to
students who are not economically deprived;
‘‘(3) a definition for ‘substantial progress’ as
used in section 1021 by schools and local edu-
cational agencies toward the goal of assuring that all
students acquire the knowledge and skills that are
necessary for sustained success. In defining ‘sub-
stantial progress,’ the regulations—
‘‘(A) shall call for a comparison at each
school of the proportions of students who have
attained non-proficient, partially proficient, pro-
ficient, and highly proficient levels of achieve-
ment in all aspects of each subject at the grade
levels at which assessments, conducted under
section 1012 prior to approval by the Secretary
of the new State standards or under section
1020, are conducted with the proportions in
each of the four categories one period earlier,
provided that the periods established for com-
128
parison shall be rolling two-year periods in
which the second year of each period will be in-
cluded as the first year of the succeeding period
and the comparisons will be based on average
scores for each two-year period;
‘‘(B) shall require cumulative reductions in
school dropout rates or grade-level retention
rates or shall require cumulative increases in
secondary school completion rates;
‘‘(C) shall require after the fourth assess-
ment period (when two comparisons will have
been made) a cumulative reduction in the pro-
portions of students who are not proficient and
a substantial cumulative increase in the propor-
tions of students who are proficient or ad-
vanced, provided, however, that where a State
educational agency adopts supplemental out-
come measures such as reductions in dropout
rates, a school may be deemed to have made
substantial progress if it—
‘‘(i) reaches 80 percent of its goal
with respect to student proficiency; and
‘‘(ii) meets its targets on the supple-
mental outcome measures;
129
‘‘(D) shall require for each assessment pe-
riod after the fourth assessment that there be
a substantial progressive reduction in the pro-
portion of students who are not proficient and
a substantial increase in the proportion of stu-
dents who are proficient or highly proficient of
at least five percentage points;
‘‘(E) while requiring compilation and re-
porting of comparative data on each subject on
which students are assessed and for each grade,
shall permit the establishment of a composite
rating under which a school shall be deemed to
have made substantial progress when the reduc-
tions and increases required by subparagraphs
(B) and (C) are achieved in a majority of the
subjects at each grade level assessed; and
‘‘(F) shall permit a local educational agen-
cy to be deemed to have made substantial
progress when the reductions and increases re-
quired by subparagraphs (B) and (C) are
achieved on a systemwide basis, which includes
all schools in which chapter 1 services are of-
fered in a majority of the subjects and in a ma-
jority of the grade levels assessed.
130
‘‘(d) SPECIAL RULE.—Funds made available under
sections 1437 and 1463 of this chapter shall be released
for expenditure by the Secretary only at such time as final
regulations pertaining to this chapter are published in the
Federal Register.
‘‘(e) LIMITATION.—Programs under this chapter may
not be required to follow any instructional model, such as
the provision of services outside the regular classroom or
school program.
‘‘SEC. 1434. COORDINATION OF FEDERAL, STATE, AND
LOCAL ADMINISTRATION.
‘‘(a) POLICY MANUAL.—The Secretary shall, not
later than 6 months after the publication of final regula-
tions with respect to this chapter, prepare and distribute
to State educational agencies, State agencies operating
programs under part D, and local educational agencies,
and shall make available to parents and other interested
individuals, organizations, and agencies, a revised policy
manual for this chapter to—
‘‘(1) assist such agencies in—
‘‘(A) preparing applications for program
funds under this chapter;
‘‘(B) meeting the applicable program re-
quirements under this chapter; and
131
‘‘(C) enhancing the quality, increasing the
depth, or broadening the scope of activities for
programs under this chapter;
‘‘(2) assist State educational agencies in achiev-
ing proper and efficient administration of programs
funded under this chapter;
‘‘(3) assist parents to become involved in the
planning for, and implementation and evaluation of,
programs and projects under this chapter; and
‘‘(4) ensure that officers and employees of the
Department of Education, including officers and em-
ployees of the Secretary and officers and employees
of such Department charged with auditing programs
carried on under this chapter, uniformly interpret,
apply, and enforce requirements under this chapter
throughout the United States.
‘‘(b) CONTENTS OF POLICY MANUAL.—The policy
manual shall, with respect to programs carried out under
this chapter, contain descriptions, statements, procedural
and substantive rules, opinions, policy statements and in-
terpretations and indices to and amendments of the fore-
going, and in particular, whether or not such items are
required under section 552 of title 5, United States Code
to be published or made available. The manual shall in-
clude—
132
‘‘(1) a statement of the requirements applicable
to the programs carried out under this chapter, in-
cluding such requirements contained in this chapter,
the General Education Provisions Act, other applica-
ble statutes, and regulations issued under the au-
thority of such statutes;
‘‘(2) an explanation of the purpose of each re-
quirement and its interrelationship with other appli-
cable requirements;
‘‘(3) a statement of the procedures to be fol-
lowed by the Secretary with respect to proper and
efficient performance of administrative responsibil-
ities;
‘‘(4) summaries of (A) advisory opinions inter-
preting and applying applicable requirements, and
(B) final audit determinations relevant to programs
under this chapter, including examples of actual ap-
plications of the legal requirements of applicable
statutes and regulations;
‘‘(5) model forms and instructions developed by
the Secretary for use by State and local educational
agencies, at their discretion, including, but not lim-
ited to, application forms, application review check-
lists, and instruments for monitoring programs
under this chapter;
133
‘‘(6) summaries of appropriate court decisions
concerning programs under this chapter; and
‘‘(7) model forms, policies, and procedures de-
veloped by State educational agencies.
‘‘(c) RESPONSE TO INQUIRIES.—The Secretary shall
respond with written guidance not more than 90 days
after any written request (return receipt requested) from
a State or local educational agency regarding a policy,
question, or interpretation under this chapter. In the case
of a request from a local educational agency, such agency
must first have addressed its request to the State edu-
cational agency.
‘‘(d) TECHNICAL ASSISTANCE.—From funds avail-
able to the Secretary for studies, evaluations, and tech-
nical assistance, the Secretary shall continue, establish,
and expand technical assistance centers to provide assist-
ance to State and local educational agencies with respect
to programs under this chapter. In providing such assist-
ance, centers shall place particular emphasis on informa-
tion relating to program improvement, parental involve-
ment, instruction, testing and evaluation, and curriculum
under this chapter. Such centers shall be accessible
through electronic means.
‘‘(e) FEDERAL DISSEMINATION OF EXEMPLARY PRO-
GRAMS.—To the extent possible, the Secretary shall pro-
134
vide information to State and local educational agencies
regarding opportunities for dissemination of exemplary
programs under this chapter through the National Diffu-
sion Network. The Secretary shall emphasize programs
which are exemplary in their implementation of the parent
involvement provisions of section 1016. The Secretary
shall coordinate Federal exemplary project identification
activities with the National Diffusion Network.
‘‘(f) FEDERAL REVIEW OF STATE AND LOCAL AD-
MINISTRATION.—The Secretary shall provide for a review
of State and local administration of programs under this
chapter. In addition to such other areas as the Secretary
may consider appropriate, the review shall consider State
policies, guidance materials, monitoring and enforcement
activities, and the detection and resolution of problems of
local noncompliance.
‘‘Subpart 2—State Administration
‘‘SEC. 1451. STATE REGULATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) Except as provided in paragraph (2), noth-
ing in this chapter may be interpreted to preempt,
prohibit, or encourage State regulations issued pur-
suant to State law which are not inconsistent with
the provisions of this chapter, regulations promul-
135
gated under this chapter, or other applicable Federal
statutes and regulations.
‘‘(2) State rules or policies may not limit local
school districts’ decisions regarding the grade levels
to be served; instructional setting, materials or
teaching techniques to be used; instructional staff to
be employed as long as such staff meet State certifi-
cation and licensing requirements for education per-
sonnel); or other support services (such as counsel-
ing and other pupil personnel services) to be pro-
vided as part of the programs authorized under this
chapter.
‘‘(3) Nothing in this subsection may be con-
strued to inhibit the State educational agency’s re-
sponsibility to work jointly with local educational
agencies and other State agencies receiving funds
under this chapter in setting standards under sec-
tion 1012(a), implementing capacity building and
school 
improvement 
activities 
under 
sections
1012(c)(4) and 1405 complying with the health and
social services requirements of section 1019, develop-
ing assessments under section 1020 and complying
with the enforcement provisions of section 1021.
‘‘(b) REVIEW BY COMMITTEE OF PRACTITIONERS.—
Before publication of any proposed or final State rule or
136
regulation pursuant to this chapter, each such rule shall
be reviewed by a State committee of practitioners which
shall include administrators, teachers, including teachers
who are familiar with effective instructional approaches
for economically deprived and limited English proficient
children, parents, and members of local boards of edu-
cation, and on which a majority of the members shall be
local educational agency representatives. In an emergency
situation where such regulation must be issued within a
very limited time to assist local educational agencies with
the operation of the program, the State educational agen-
cy may issue a regulation without such prior consultation,
but shall immediately thereafter convene a State commit-
tee of practitioners to review the emergency regulation
prior to issuance in final form.
‘‘(c) IDENTIFICATION AS STATE REQUIREMENT.—
The imposition of any State rule or policy relating to the
administration and operation of programs funded by this
chapter (including those based on State interpretation of
any Federal law, regulation, or guideline) shall be identi-
fied as a State imposed requirement.
‘‘Subpart 4—Studies
‘‘SEC. 1461. REPORT ON STATE AND LOCAL EVALUATIONS.
‘‘The Secretary shall submit a comprehensive and de-
tailed report concerning State and local evaluation results
137
based on data collected under sections 1012, 1021,
1107(a), 1202(a)(6), and 1242(d) to the appropriate com-
mittees of the Congress on a biennial basis.’’.
SEC. 203. DEFINITIONS.
Section 1471 of the Elementary and Secondary Edu-
cation Act of 1965 is amended by adding at the end the
following:
‘‘(24) ‘Economically deprived’ means being
from a low-income family as defined in section 1005.
‘‘(25) The term ‘limited English proficient’
means a language minority person who has difficulty
understanding, speaking, reading, or writing the
English language at a level appropriate to his or her
age and grade and is, thereby, academically deprived
in programs conducted exclusively in English.
‘‘(26) The term ‘language minority’ means—
‘‘(A) individuals whose native language is
other than English;
‘‘(B) individuals who usually speak a lan-
guage other than English or come from home
environments where a language other than Eng-
lish is usually spoken; or
‘‘(C) American Indians, Alaskan Natives,
and Hawaiian Natives.
138
‘‘(27) ‘Essential educational services’ shall in-
clude preschool child development programs; reading
programs in the early grades; adequate pupil-staff
ratios in the classrooms; counseling, health, and so-
cial services; the education and experience of teach-
ers, including the distribution of experienced and in-
experienced teachers among schools and local edu-
cational agencies, certification of teachers, including
National Board certification, and assignment to
teach in their area of certification; a broad and com-
prehensive curriculum, including appropriate courses
at each grade level designed to teach the advanced
skills and knowledge called for under section
1012(a); and services for limited English proficient
students.
‘‘(28) ‘Comparable services’ refers to services of
a substantially equivalent nature, duration, intensity,
method, and effectiveness.
‘‘(29) ‘Comparable needs’ refers to identified
needs of children for services to address substan-
tially similar needs, problems, or conditions, and
may be measured in terms of age or grade level,
family income, and behavioral and academic indicia
of need.
139
‘‘(30) ‘High-level knowledge and skills’ include
the ability to reason, to read, understand, interpret,
and analyze complex material in a broad range of
academic subjects; to use quantitative skills for plan-
ning, analysis, and problem solving; to speak and
write effectively; to produce as well as to reproduce
knowledge; and to work cooperatively in teams as
well as to think and act independently.
‘‘(31) ‘Broad and challenging curriculum’ en-
compasses material that will foster the mastery of
high level knowledge and skills in disciplines, includ-
ing but not limited to, reading, writing, mathe-
matics, science, history, and geography.
‘‘(32) The term ‘native language,’ when used
with reference to an individual, means the language
normally used by such individuals, or, in the case of
a child, the language normally used by the parents
of the child.’’.
TITLE III—BILINGUAL
EDUCATION
SEC. 301. BILINGUAL EDUCATION.
Title VII of the Elementary and Secondary Edu-
cation Act of 1965 is amended to read as follows:
140
‘‘TITLE VII—BILINGUAL
EDUCATION PROGRAMS
‘‘SEC. 7001. SHORT TITLE.
‘‘This title may be cited as the ‘Bilingual Education Act’.
‘‘SEC. 7002. FINDINGS, POLICY, AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) language-minority Americans constitute a
large and growing proportion of the Nation’s popu-
lation;
‘‘(2) language-minority Americans speak vir-
tually all world languages plus many that are indige-
nous to the United States;
‘‘(3) while language-minority Americans live in
all parts of the Nation, they are highly concentrated
in certain States and communities;
‘‘(4) the presence of language-minority Ameri-
cans is related to past and current Federal actions
and policies respecting territorial acquisition, immi-
gration, refugee protection, the conduct of national
diplomacy, and the prosecution of wars;
‘‘(5) many language-minority Americans are
limited in their English proficiency, and many have
limited education and income;
‘‘(6) limited-English-proficient children, like all
other children, have diverse educational needs and
141
strengths and therefore require access to all edu-
cational programs and services;
‘‘(7) many language-minority and limited-Eng-
lish-proficient students continue to be deprived of
equal educational opportunity, and the Federal Gov-
ernment has a special and continuing obligation to
assist in providing equal educational opportunity and
eliminating segregation;
‘‘(8) the Federal Government has a responsibil-
ity for the education of American Indians and a spe-
cial obligation to Native Alaskans, Native Hawaiians
and native residents of the territories and freely as-
sociated nations to redress the effect of past Federal
policies which repressed native languages and cul-
tures;
‘‘(9) research has shown that linguistically in-
appropriate educational practices, including invalid
and unreliable assessments, contribute to a wide
range of serious education problems affecting lan-
guage-minority and limited-English-proficient stu-
dents including high rates of student grade reten-
tion, overrepresentation in special education pro-
grams, under-representation in gifted and talented
education programs, disproportionate tracking into
142
noncollegiate and occupational dead-end programs,
and high school dropout rates;
‘‘(10) many institutions of higher education fail
to appropriately prepare teachers, administrators
and other school personnel to understand and build
upon the educational strengths and needs of lan-
guage-minority and culturally diverse student enroll-
ments;
‘‘(11) it is the responsibility of all schools to en-
sure that limited-English-proficient students master
English and develop high levels of academic attain-
ment in content areas;
‘‘(12) a primary means by which a child learns
is through the use of the child’s native language,
cultural heritage, and instructional programs which
utilize and build upon a child’s non-English native
language and cultural heritage promote parent and
community involvement in education, and student
self-esteem, proficiency in English and subject mat-
ter achievement;
‘‘(13) quality bilingual programs enable chil-
dren to learn English and meet high academic
standards including proficiency in more than one
language;
143
‘‘(14) as the world becomes increasingly inter-
dependent and as international communication be-
comes a daily occurrence in government, business,
commerce, and family life, multilingual skills con-
stitute an important national resource which de-
serves protection and development;
‘‘(15) educational technology has the potential
for improving the education of language-minority
and limited-English-proficient students and their
families, and the Federal Government should foster
this development; and
‘‘(16) research, development, implementation
and dissemination of effective bilingual education
methods, practices, and programs are essential to
systemwide school reform that improves education
for all children.
‘‘(b) POLICY.—Congress declares it to be the policy
of the United States to promote educational excellence and
equal educational opportunity for all children including
language-minority and limited-English-proficient students
by developing the capacity of State and local educational
agencies, institutions of higher education, and community
based organizations to deliver bilingual education pro-
grams and services.
144
‘‘(c) PURPOSE.—The purpose of this title is to de-
velop—
‘‘(1) systemic improvement and reform of edu-
cational programs serving language-minority and
limited-English-proficient students through the de-
velopment and implementation of exemplary bilin-
gual education programs;
‘‘(2) a national network of information collec-
tion and dissemination, research, materials develop-
ment, and technical assistance including support for
program evaluations and student assessments which
is focused on school improvement for language-mi-
nority and limited-English-proficient students; and
‘‘(3) programs which strengthen and improve
the professional training of educational personnel
who work with limited-English-proficient and lan-
guage-minority students.
‘‘SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated $300,000,000 for the fiscal year 1994,
$450,000,000 for the fiscal year 1995, $500,000,000 for
the fiscal year 1996, $550,000,000 for fiscal year 1997
and such sums in subsequent years for the purpose of car-
rying out the provisions of this title.
145
‘‘(b) DISTRIBUTION.—From the sums appropriated
under subsection (a) for any fiscal year, the Secretary
shall reserve 60 percent for the programs carried out
under part A, 15 percent for part B and 25 percent for
part C of this title;
‘‘(c) EVALUATION.—Of the funds provided under this
title, 0.5 percent shall be reserved for evaluation of activi-
ties conducted under this title. Such evaluations shall be
conducted for at least a representative sample of each type
of grants for the purpose of improving instructional prac-
tice through identification and dissemination of exemplary
models and products through the national bilingual edu-
cation network and other means. Evaluation of part A pro-
grams shall be conducted in accordance with the provi-
sions set out in section 7037.
‘‘(d) REVIEW.—Of funds provided under this title,
the Secretary may use 0.15 percent for costs associated
with monitoring implementation and outcomes of grants
made under this title. Permissible costs include, but are
not limited to travel, field visits and program evaluation.
‘‘SEC. 7004. DEFINITIONS; REGULATIONS:
‘‘(a) GENERAL RULE.—For purposes of this title—
‘‘(1) The term ‘native language’, when used
with reference to an individual, means the language
normally used by such individuals, or, in the case of
146
a child, the language normally used by the parents
of the child.
‘‘(2) The term ‘language-minority’ means—
‘‘(A) individuals whose native language is
other than English;
‘‘(B) individuals who usually speak a lan-
guage other than English or come from home
environments where a language other than Eng-
lish is usually spoken; or
‘‘(C) American Indians, Alaskan Natives,
and Hawaiian Natives and native residents of
the territories and freely associated nations.
‘‘(3) 
The 
term 
‘limited-English-proficient’
means a language-minority person who has difficulty
understanding, speaking, reading, or writing the
English language at a level appropriate to his or her
age and grade and is, thereby, academically dis-
advantaged in programs conducted exclusively in
English.
‘‘(4) The term ‘bilingual education’ refers to
educational programs for limited-English-proficient
students which make instructional use of both Eng-
lish and a student’s native language. Programs of
bilingual education must enable limited-English-pro-
ficient students to achieve English proficiency and
147
academic mastery of subject matter content and
higher order skills, including critical thinking, so as
to meet age-appropriate grade-promotion and grad-
uation standards and national education goals. Bi-
lingual education programs may also develop the na-
tive language skills of limited-English-proficient stu-
dents, or ancestral languages of American Indians,
Alaskan Natives, Hawaiian Natives and native resi-
dents of the territories and freely associated nations.
English proficient students may participate in bilin-
gual education programs if the programs are de-
signed to enable all enrolled students to become pro-
ficient in English and a second language.
‘‘(5) The term ‘special alternative instructional
program’ refers to educational programs for limited-
English-proficient students which utilize specially de-
signed English language curricula and services but
do not use the students native language for instruc-
tional purposes. Special alternative instructional pro-
grams must enable limited-English-proficient stu-
dents to achieve English proficiency and academic
mastery of subject matter content and higher order
skills, including critical thinking so as to meet age-
appropriate grade-promotion and graduation stand-
ards and national education goals. Special alter-
148
native instructional programs are suitable for
schools where the diversity of the limited-English-
proficient students’ native languages and the small
number of students speaking each respective lan-
guage makes bilingual education impractical.
‘‘(6) The term ‘family education programs’ re-
fers to bilingual education or special alternative in-
structional programs designed to help limited-Eng-
lish-proficient adults and out of school youths
achieve proficiency in the English language and to
provide instruction on how parents and family mem-
bers can facilitate the educational achievement of
their children. Such programs shall give preference
to participation by parents and immediate family
members of children attending school. Family edu-
cation programs may also provide instruction to fa-
cilitate higher education and employment outcomes.
‘‘(7) The term ‘institution of higher education’
has the meaning given such term in section 1201 (a)
of the Higher Education Act of 1965.
‘‘(8) The term ‘Office’ means the Office of Bi-
lingual Education and Minority Languages Affairs.
‘‘(9) The term ‘Assistant Secretary’ means the
Assistant Secretary of the Office of Bilingual Edu-
cation and Minority Languages Affairs.
149
‘‘(10) The term ‘Secretary’ means the Secretary
of Education.
‘‘(11) The term ‘articulation agreement’ means
a commitment to a postsecondary program, which
may include secondary school programs, designed to
provide students with a nonduplicative sequence of
progressive achievement leading to meeting profes-
sional standards and certification as a bilingual
teacher.
‘‘(12) The term ‘community college’ has the
meaning given such term in section 1201 (a) of the
Higher Education Act of 1965 for an institution
which provides not less than a 2-year program which
is acceptable for full credit toward a bachelor’s de-
gree, including institutions receiving assistance
under the Tribally Controlled Community College
Assistance Act of 1978.
‘‘(13) The term ‘bilingual career ladder pro-
gram’ means a program, linking elementary or sec-
ondary schools and postsecondary institutions, which
is open to participation by educational personnel and
to secondary and postsecondary students, which—
‘‘(A) leads to certification as a bilingual
teacher; and
‘‘(B) leads to placement in employment.
150
‘‘(14) The term ‘paraprofessional’ means an in-
dividual who is employed in preschool or elementary
or secondary school under the supervision of a cer-
tified or licensed teacher, including individuals em-
ployed in bilingual education, special education and
migrant education.
‘‘(15) The term ‘local educational agency’
means a public board of education or other public
authority legally constituted within a State for either
administrative control or direction of, or to perform
a service or function for, public elementary or sec-
ondary schools in a city, county, township, school
district or other political subdivision of a State or
such combination of school districts or counties as
are recognized in a State as an administrative agen-
cy for its public elementary or secondary schools.
Such term includes any other public institution or
agency having administrative control and direction
of a public elementary or secondary school as well as
those local government agencies separate from the
State Department of Education whose mission is the
preservation and maintenance of native languages.
For the purpose of carrying out programs under this title
for individuals served by elementary, secondary or post-
secondary schools operated predominantly for Indian or
151
Alaskan or Hawaiian Native students, an Indian tribe or
tribally sanctioned educational authority may be consid-
ered a local educational agency as such term is used in
this title, subject to the following qualifications:
‘‘(A) The term ‘Indian tribe’ means any
Indian tribe, band, nation or other organized
group or community, including any Alaska Na-
tive village or regional or village corporations as
defined in or established pursuant to the Alas-
kan Native Claims Settlement Act (85 Stat.
588) which is recognized for the special pro-
grams and services provided by the United
States to Indians because of their status as In-
dians.
‘‘(B) The term ‘tribally sanctioned edu-
cational authority’ means any department or di-
vision of education operating within the admin-
istrative structure of the duly constituted gov-
erning body of an Indian tribe, as well as any
nonprofit institution or organization which is
chartered by the governing body of an Indian
tribe to operate any such school or oversee de-
livery of educational services to members of
that tribe which is approved by the Secretary
for the purposes of this section.
152
‘‘(16) The term ‘other relevant local, State, and
Federal programs’ includes Head Start, Even Start,
Chapter 1 of the Elementary and Secondary Edu-
cation Act, Individuals With Disabilities Educational
Act, foreign language education, Eisenhower Math
and Science programs, magnet schools, vocational
and applied technology education, adult education,
the National Literacy Act, Job Training Partnership
Act, and Job Opportunities and Basic Skills Train-
ing Program, Vocational and Applied Technology
Education Act, and the Library Services and Con-
struction Act.
‘‘(17) The term ‘community-based organization’
means a private nonprofit organization or Indian
tribe or tribally sanctioned educational authority
which is representative of a community or significant
segments of a community and which provides edu-
cational or related services to individuals in the com-
munity.
‘‘(b) REGULATION RULE.—(1) In prescribing regula-
tions under this title, the Secretary shall consult with
State and local educational agencies, organizations rep-
resenting persons of limited English proficiency, and orga-
nizations representing teachers and other personnel in-
volved in bilingual education.
153
‘‘(2) The Secretary shall not prescribe any regula-
tions under this title that further define the terms defined
in subsection (a) or any regulations restricting or expand-
ing the definitions set out in subsection (a).
‘‘(c) SPECIAL INFORMATION RULE.—Parents of chil-
dren participating in programs assisted under this title
shall be informed of—
‘‘(1) a student’s level of English proficiency,
how it was assessed, the status of a student’s aca-
demic achievement and the implications of a stu-
dent’s educational strengths and needs for age and
grade appropriate academic attainment, promotion,
and graduation;
‘‘(2) what programs are available to meet the
student’s educational strengths and needs and how
the programs differ in content and instructional
goals, and in the case of a handicapped student, how
the program meets the objectives of a student’s indi-
vidualized education plan;
‘‘(3) the instructional goals of the bilingual edu-
cation or special alternative instructional program,
and how the program will specifically help the lim-
ited-English-proficient student acquire English and
meet age-appropriate standards for grade-promotion
and graduation;
154
‘‘(4) parents shall also be informed that they
have the option of declining enrollment of their chil-
dren in such programs and shall be given an oppor-
tunity to do so if they so choose;
‘‘(5) every effort shall be made to provide infor-
mation required by this subsection in a language
and form that is comprehensible to the parents; and
‘‘(6) no action may involve the admission or ex-
clusion of students to or from any federally assisted
education program merely on the basis of the sur-
names or language-minority status of such students.
‘‘PART A—BILINGUAL EDUCATION CAPACITY AND
DEMONSTRATION GRANTS
‘‘SEC. 7021. PURPOSE OF GRANTS.
‘‘Grants under this part shall be used to develop the
capacity of educational agencies, institutions of higher
education, and community-based organization providers of
educational programs and services to initiate, develop, en-
hance or improve bilingual education or special alternative
instruction programs for limited-English-proficient stu-
dents.
‘‘SEC. 7022. PROGRAM DEVELOPMENT AND IMPLEMENTA-
TION GRANTS.
‘‘(a) PURPOSE.—The purpose of this section is to
provide financial assistance to eligible applicants to de-
155
velop and implement new comprehensive, coherent, and
successful bilingual education or special alternative in-
structional programs for limited-English-proficient stu-
dents including programs of early childhood education, K-
12 education, special education, gifted and talented edu-
cation, and vocational and applied technology education.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) The Secretary is authorized to make pro-
gram development and implementation grants of up
to $100,000 annually for 5 years to eligible appli-
cants.
‘‘(2) Grants approved under this section shall
be used to improve the education of limited-English-
proficient students and their families by—
‘‘(A) developing and implementing com-
prehensive preschool, elementary, or secondary
bilingual education or special alternative in-
structional programs that are coordinated with
other relevant programs and services to meet
the full range of educational needs of limited-
English-proficient students;
‘‘(B) providing inservice training to class-
room teachers, administrators, and other school
or community-based organizational personnel to
improve the instruction and assessment of lan-
156
guage-minority and limited-English-proficient
students; and
‘‘(C) implementing family education pro-
grams and activities.
‘‘(c) PROGRAM PLAN.—To be eligible to receive a
grant under this section, eligible applicants shall submit
a plan of operation as part of the application provided for
in section 7027 which includes—
‘‘(1) a description of the population to be
served, their educational needs, and the approximate
number of participants in the proposed program;
‘‘(2) a description of the instructional program,
student services, inservice training, and family edu-
cation programs to be provided under the grant;
‘‘(3) a description, if appropriate, of the rela-
tionship between the proposed program and other
school improvement efforts of the applicant pursuant
to local or State education improvement plans, in-
cluding any developed under Goals 2000 or Chapter
1;
‘‘(4) a description of the program’s goals and
expected student outcomes and methods for monitor-
ing attainment of those goals and outcomes;
‘‘(5) a description, if appropriate, of the appli-
cant’s collaborative activities with institutions of
157
higher education, community-based organizations,
local or State educational agencies, private schools,
nonprofit organizations or businesses in carrying out
the proposed program;
‘‘(6) a description of how the proposed program
will be coordinated with other local, State, and Fed-
eral programs and how the resources of those pro-
grams will be used for the education of limited-Eng-
lish-proficient students and contribute to the attain-
ment of the goals described in the grant application;
and
‘‘(7) a budget for grant funds.
‘‘(d) ELIGIBLE ENTITIES.—A grant may be made
under this section only upon application by one or more
local educational agencies, applying alone or in collabora-
tion with an institution of higher education, community-
based organization or local or State educational agency.
A grant also may be made under this section upon applica-
tion by a community-based organization to develop and
implement early childhood education or family education
programs or to conduct an instructional program which
supplements the educational services provided by a local
educational agency.
158
‘‘(e) PRIORITY.—The Secretary shall give priority to
applications for early childhood education and secondary
education programs.
‘‘SEC. 7023. PROGRAM ENHANCEMENT PROJECTS.
‘‘(a) PURPOSE.—The purpose of this section is to
provide financial assistance to eligible applicants to carry
out highly focused, innovative, locally designed projects to
expand or enhance existing bilingual education or special
alternative instructional programs for limited-English-pro-
ficient students.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) The Secretary is authorized to make pro-
gram enhancement project grants of up to $100,000
for 2 years to eligible applicants.
‘‘(2) Grants approved under this section may be
used for—
‘‘(A) improving the instructional program
for limited-English-proficient students by up-
grading curriculum, instructional materials, and
assessment procedures and, if appropriate, ap-
plying educational technology;
‘‘(B) providing inservice training to class-
room teachers, administrators, and other school
or community-based organization personnel to
improve the instruction and assessment of lan-
159
guage-minority and limited-English-proficient
students;
‘‘(C) implementing family education pro-
grams and activities; and
‘‘(D) providing intensified instruction.
‘‘(c) PROJECT PLAN.—To be eligible to receive a
grant under this section, eligible applicants shall submit
a plan of operation as part of the application provided for
in section 7027 which includes—
‘‘(1) a description of the population to be
served, their educational needs, and the approximate
number of participants in the proposed project;
‘‘(2) a description of the existing bilingual edu-
cation or special alternative instruction program
which the project is designed to enhance;
‘‘(3) a description of proposed project activities;
‘‘(4) a description, if appropriate, of the rela-
tionship between the proposed project and other
school improvement efforts of the applicant pursuant
to local or State education improvement plans in-
cluding any developed under Goals 2000 or Chapter
1;
‘‘(5) a description of the project’s goals and ex-
pected student outcomes and methods for monitor-
ing attainment of those goals and outcomes;
160
‘‘(6) a description, if appropriate, of the appli-
cant’s collaborative activities with institutions of
higher education, community based organizations,
local or State educational agencies, private schools,
nonprofit organizations or businesses in carrying out
the proposed project;
‘‘(7) a description of how the proposed project
will be coordinated with other local, State, and Fed-
eral programs and how the resources of those pro-
grams will be used for the education of limited-Eng-
lish-proficient students and contribute to the attain-
ment of the goals described in the grant application;
and
‘‘(8) a budget for grant funds.
‘‘(d) ELIGIBLE ENTITIES.—A grant may be made
under this section only upon application by one or more
local educational agencies, applying alone or in collabora-
tion with an institution of higher education, community-
based organization or local or State educational agency.
A grant also may be made under this section upon applica-
tion by a community-based organization to enhance early
childhood education or family education programs or to
conduct an instructional project which supplements the
educational services provided by a local educational agen-
cy.
161
‘‘SEC. 7024. WHOLE-SCHOOL PROGRAMS.
‘‘(a) PURPOSE.—The purpose of this section is to
provide financial assistance to eligible applicants to re-
form, restructure, and upgrade all relevant programs and
operations within an individual school to fulfill the com-
prehensive educational needs of all of a school’s limited-
English-proficient students and their families.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) The Secretary is authorized to make 5-
year grants of up to $100,000 for the first year and
up to $250,000 for each of the subsequent 4 years
to eligible applicants.
‘‘(2) Grants approved under this section shall
be used to improve education of limited-English-pro-
ficient students and their families by reviewing, re-
structuring, and upgrading—
‘‘(A) the school’s instructional program for
limited-English-proficient 
students 
including
curriculum, instructional materials, and assess-
ment systems, and, if appropriate, applying
educational technology;
‘‘(B) inservice training for all school staff
and, if appropriate, for community-based orga-
nization personnel;
‘‘(C) family education programs and activi-
ties; and
162
‘‘(D) intensified instruction.
‘‘(3) During the first year of the grant, funds
may only be used for preparatory activities including
planning, training, curriculum development, and ma-
terials acquisition or development.
‘‘(c) PROJECT PLAN.—To be eligible to receive a
grant under this section, eligible applicants shall submit
a plan of operation as part of the application provided for
in section 7027 which includes—
‘‘(1) a description of the population to be
served, their educational needs, and the approximate
number of participants in the proposed program;
‘‘(2) a description of the instructional program,
student services, inservice training, and family edu-
cation programs to be provided under the grant;
‘‘(3) a description, if appropriate, of the rela-
tionship between the proposed program and other
school improvement efforts of the applicant pursuant
to local or State education improvement plans in-
cluding any developed under Goals 2000 or Chapter
1;
‘‘(4) a description of the program’s goals and
expected student outcomes and methods for monitor-
ing attainment of those goals and outcomes;
163
‘‘(5) a description, if appropriate, of the appli-
cant’s collaborative activities with institutions of
higher education, community-based organizations,
local or State education agencies, private schools,
nonprofit organizations or businesses in carrying out
the proposed program;
‘‘(6) a description of how the proposed program
will be coordinated with other local, State, and Fed-
eral programs and how the resources of those pro-
grams will be used for the education of limited-Eng-
lish-proficient students and contribute to the attain-
ment of the goals described in the grant application;
and
‘‘(7) a budget for grant funds.
‘‘(d) ELIGIBLE ENTITIES.—A grant may be made
under this section only upon application by one or more
local educational agencies, applying alone or in collabora-
tion with an institution of higher education, community-
based organizations or local or State educational agency.
‘‘(e) PRIORITY.—The Secretary shall give priority to
applications for schools which enroll a large portion of lim-
ited-English-proficient students.
‘‘SEC. 7025. SYSTEM-WIDE IMPROVEMENT GRANTS.
‘‘(a) PURPOSE.—The purpose of this section is to
provide financial assistance to improve, reform, and up-
164
grade relevant programs and operations with an entire
local or state education agency to fulfill the comprehensive
educational needs of all the agency’s limited-English-pro-
ficient students and their families.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) The Secretary is authorized to make 5-
year grants of up to $1,000,000 for the first year
and up to $5,000,000 for each of the subsequent 4
years to eligible applicants.
‘‘(2) Grants approved under this section shall
be used to improve education of limited-English-pro-
ficient students and their families by reviewing, re-
structuring, and upgrading—
‘‘(A) educational goals, curriculum guide-
lines and content, standards and assessments;
‘‘(B) personnel policies and practices in-
cluding recruitment, certification, staff develop-
ment, and assignment;
‘‘(C) student grade-promotion and gradua-
tion requirements;
‘‘(D) student assignment policies and prac-
tices;
‘‘(E) program delivery standards, manage-
ment information and accountability systems;
165
‘‘(F) instructional and extracurricular pro-
grams and services; and
‘‘(G) application of educational technology.
‘‘(3) During the first year of the grant, funds
may only be used for preparatory activities including
planning, training, and development.
‘‘(c) GRANT PLAN.—To be eligible to receive a grant
under this section, eligible applicants shall submit a plan
of operation as part of the application provided for in sec-
tion 7027 which includes—
‘‘(1) a description of the population to be
served, their educational needs, and the approximate
number of persons involved in or benefiting from the
grant;
‘‘(2) a description of the activities which would
be carried out under the grant;
‘‘(3) a description, if appropriate, of the rela-
tionship between the proposed grant activities and
other school improvement efforts of the applicant
pursuant to local or State education improvement
plans, including any developed under Goals 2000 or
Chapter 1;
‘‘(4) a description of the grant’s goals and ex-
pected outcomes and methods for monitoring attain-
ment of those goals and outcomes;
166
‘‘(5) a description, if appropriate, of the appli-
cant’s collaborative activities with institutions of
higher education, community-based organizations,
local or State education agencies, private schools,
nonprofit organizations or businesses in carrying out
grant activities;
‘‘(6) a description of how grant activities will be
coordinated with other local, State, and Federal pro-
grams and how the resources of those programs will
be used for the education of limited-English-pro-
ficient students and contribute to the attainment of
the goals described in the grant application; and
‘‘(7) a budget for grant funds.
‘‘(d) ELIGIBLE ENTITIES.—A grant may be made
under this section only upon application by one or more
local or State educational agencies, applying alone or in
collaboration with an institution of higher education, com-
munity-based organization or local or State educational
agency.
‘‘(e) PRIORITY.—The Secretary shall give priority to
applications from—
‘‘(1) applicants which enroll a large proportion
of limited-English-proficient students; and
167
‘‘(2) consortia of eligible applicants to serve
limited-English-proficient students in rural and lin-
guistically isolated settings.
‘‘SEC. 7026. GRANT EVALUATION REGULATIONS AND RE-
QUIRED REPORTS.
‘‘(a) REGULATIONS.—The Secretary shall issue, not
later than 6 months after the date of the enactment of
this Act, regulations which set forth a comprehensive de-
sign for assessing and reporting on activities supported
by grants under this part. The regulations shall be devel-
oped by the Secretary in consultation with the evaluation
and assessment centers authorized in section 7037, State
and local directors of bilingual education programs, and
individuals and organizations with expertise in assessing
limited-English-proficient students and evaluating edu-
cational programs for limited-English-proficient students
and their families. The regulations shall provide for the
collection of formative information and data describing
grant context, activities, and implementation as well as
summative information and data on grant outcomes, the
extent to which grant goals were achieved, and how im-
provement efforts will continue after the conclusion of the
grant. The regulations shall provide for critical consider-
ation of the validity, reliability, and fairness of measure-
ment instruments and procedures, including portfolio and
168
performance assessments, used to evaluate grant activities
and their utility for improving educational outcomes.
‘‘(b) EVALUATION REPORTS.—
‘‘(1) Not later than 6 months after the comple-
tion of each grant year recipients of grants under
sections 7021, 7023, and 7024 shall submit to the
Secretary an annual evaluation report which con-
forms to the regulations developed pursuant to this
section; and
‘‘(2) not later than 6 months after the comple-
tion of the final grant tear, all recipients of grants
under Part A shall submit to the Secretary and, if
applicable, to the appropriate State educational
agency, a final evaluation report, and summary,
which conforms to the regulations authorized by the
section.
‘‘SEC. 7027. APPLICATIONS.
‘‘(a) SUBMISSION.—To receive a grant under this
part, applicants shall submit an application to the Sec-
retary in such form and containing such information as
the Secretary may require:
‘‘(1) An application for a grant under this part
shall be developed in consultation with an advisory
council—
169
‘‘(A) which with respect to applications by
State educational agencies, shall be composed of
representatives from the local educational agen-
cies, institutions of higher education, and non-
profit organizations located in the State;
‘‘(B) which with respect to applications by
other applicants eligible under this part, shall
be composed of representatives of those entities
responsible for implementing grant activities
and parents and other relatives of the children
to be served in such programs; parents shall
comprise a majority of all council members;
‘‘(C) and accompanied by documentation
of such consultations and by the comments
which the council makes on the application; and
‘‘(D) contain an assurance that, after the
application has been approved, the applicant
will ensure continuing consultation and involve-
ment of the council and will provide support of
additional advisory council activities if support
is requested by the advisory council.
‘‘(2) All applicants for grants under this part,
except for those applicants identified in section
7004(a)(15)(A) and section 7004(a)(17), shall sub-
mit a copy of the application to the relevant State
170
educational agency. The State educational agency
may submit to the Secretary written comments on
the application and rank-listings of applications with
respect to how the applications further State edu-
cation improvement plans including any developed
under Goals 2000 or Chapter 1. The Secretary shall
take comments and rankings into consideration
when funding applications under this part.
‘‘(b) REQUIRED DOCUMENTATION.—Such applica-
tion shall include documentation that the applicant has
the qualified personnel required to develop, administer,
and implement the program required by this part.
‘‘(c) APPROVAL OF APPLICATIONS.—An application
for a grant under this part may be approved only if the
Secretary determines that—
‘‘(1) the program will use qualified personnel,
including those personnel who are proficient in the
language or languages used for instruction;
‘‘(2) in designing the program for which appli-
cation is made, the needs of children in nonprofit
private elementary and secondary schools have been
taken into account through consultation with appro-
priate private school officials and, consistent with
the number of such children enrolled in such schools
in the area to be served whose educational needs are
171
of the type and whose language and grade levels are
of a similar type which the program is intended to
address, after consultation with appropriate private
school officials, provision has been made for the par-
ticipation of such children on a basis comparable to
that provided for public school children;
‘‘(3) student evaluation and assessment proce-
dures in the program are valid, reliable, and fair for
limited-English-proficient students, and that limited-
English-proficient students who are disabled are
identified and served in accordance with the require-
ments of the Individuals with Disabilities Education
Act;
‘‘(4) Federal funds made available for the
project or activity will be used so as to supplement
the level of State and local funds that, in the ab-
sence of such Federal funds, would have been ex-
pended for special programs for children of limited
English proficiency and in no case to supplant such
State and local funds, except that nothing in this
paragraph shall preclude a local educational agency
from using funds under this title for activities car-
ried out under an order of a court of the United
States or of any State respecting services to be pro-
vided such children, or to carry out a plan approved
172
by the Secretary as adequate under title VI of the
Civil Rights Act of 1964 with respect to services to
be provided such children;
‘‘(5) the assistance provided under the applica-
tion will contribute toward building the capacity of
the applicant to provide a program on a regular
basis, similar to that proposed for assistance, which
will be of sufficient size, scope, and quality to prom-
ise significant improvement in the education of stu-
dents of limited-English-proficiency, and that the ap-
plicant will have the resources and commitment to
continue the program when assistance under this
title is reduced or no longer available;
‘‘(6) the applicant will provide or secure train-
ing for personnel participating in or preparing to
participate in the program which will assist them in
meeting State and local certification requirements
and that, to the extent possible, college or university
credit will be awarded for such training; and
‘‘(7) the applicant provides for utilization of the
bilingual education network and other State and na-
tional dissemination sources for program design and
in dissemination of results and products.
‘‘(d) SPECIAL CONSIDERATION AND PRIORITIES.—
173
‘‘(1) The Secretary shall give priority to appli-
cations which provide for the development of bilin-
gual proficiency for all participating students.
‘‘(2) Grants for special alternative instructional
programs shall not exceed 25 percent of the funds
provided for any type of grant under any section or
of total funds provided under this part.
‘‘(3) In approving applications under this part,
the Secretary shall give consideration to the degree
to which the program for which assistance is sought
involves the collaborative efforts of institutions of
higher education, community-based organizations,
the appropriate local and State educational agency,
or business.
‘‘(4) The Secretary shall ensure that projects
funded under this part address the full needs of
school systems of all sizes and geographical areas,
including rural schools.
‘‘(e) INTENSIFIED INSTRUCTION.—In carrying out
this title, each grantee may intensify instruction for lim-
ited-English-proficient students by—
‘‘(1) lowering student-teacher classroom ratios;
‘‘(2) expanding the educational calendar of the
school in which such student is enrolled to include
174
programs before and after school and during the
summer months;
‘‘(3) expanding the use of professional and vol-
unteer aids;
‘‘(4) applying technology to the course of in-
struction; and
‘‘(5) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities,
during times when school is not routinely in session.
‘‘SEC. 7028. PROGRAMS IN PUERTO RICO.
‘‘Programs authorized under this title in the Com-
monwealth of Puerto Rico may, notwithstanding any other
provisions of this title, include programs of instruction,
teacher training, curriculum development, research, eval-
uation, and assessment and testing designed to improve
both the English language proficiency of limited-English-
proficient students and the Spanish language proficiency
of limited-Spanish-proficient students.
‘‘SEC. 7029. INDIAN CHILDREN IN SCHOOLS.
‘‘(a) BUREAU OF INDIAN AFFAIRS SCHOOLS.—From
the sums appropriated pursuant to section 7003, the Sec-
retary is authorized to make payments to applicants to
carry out programs of bilingual education for Indian chil-
175
dren served by elementary and secondary schools operated
or funded by the Bureau of Indian Affairs.
‘‘(b) ANNUAL REPORT.—(1) The Assistant Secretary
of the Interior for the Bureau of Indian Affairs in collabo-
ration with the Secretary shall submit to the Congress,
the President, and the Secretary, by September 30 of each
year, a report which provides—
‘‘(A) an assessment of the educational outcomes
and needs of Indian children with respect to the pur-
poses of this title in schools operated or funded by
the Department of the Interior, including tribes and
local educational agencies receiving assistance under
the Johnson-O’Malley Act and the Native American
Languages Act; and
‘‘(B) an assessment of the extent to which such
needs are being met by funds provided to such
schools for educational purposes through the Sec-
retary of the Interior.
‘‘(2) The results presented in this report shall be in-
cluded in the report under section 7051(c) of this Act.
‘‘PART B—RESEARCH, DEVELOPMENT AND
DISSEMINATION
‘‘SEC. 7031. PURPOSE.
‘‘The purpose of this part is to provide for the im-
proved education of limited-English-proficient and lan-
176
guage-minority students through the establishment and
implementation of a national bilingual education network
of research, data collection, instructional materials devel-
opment, inservice training technical assistance, evaluation
and dissemination, working in collaboration with local,
State, and Federal agencies and the broader educational
community, to improve the education of language-minority
and limited-English-proficient students and their families
and to ensure the success of programs, projects, and ac-
tivities funded under this title.
‘‘SEC. 7032. THE NATIONAL BILINGUAL EDUCATION NET-
WORK.
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish the national bilingual education network, referred to
in this part as the ‘network’. The network shall consist
of the National Clearinghouse on Bilingual Education, the
Evaluation 
and 
Assessment 
Centers, 
and 
the
Multifunctional Resource Centers, and shall operate in
close collaboration with the Department’s research, devel-
opment and dissemination activities, including the Blue
Ribbon Schools Program, the National Diffusion Network,
the Educational Resources and Information Centers, the
National Center for Research on Vocational Education,
the regional education labs and centers operated by the
Office of Educational Research and Improvement and
177
local and State education agencies. The network shall pro-
vide a coherent system of research, instructional materials,
development, technical assistance, and dissemination to
practitioners, parents, and the public of information on
language and education, including the roles of multilingual
skills and bilingual education.
‘‘(b) COLLABORATION AND COORDINATION OF DIS-
SEMINATION.—The Secretary shall ensure that in con-
ducting activities under this part, grantees shall collabo-
rate with entities operated by the Department and other
agencies, including the National Dissemination Network,
the Educational Resources and Information centers, the
regional educational labs and centers, the entities operated
under the Carl D. Perkins Vocational and Applied Tech-
nology Education Act, the Individuals with Disabilities
Education Act, and the National Occupational Informa-
tion Coordinating Committee. Each grantee under this
part shall be responsible for providing copies of materials
developed under the grant to the national clearinghouse
on bilingual education for broader dissemination. The Sec-
retary shall provide abstracts and relevant information re-
garding funded projects and State and local educational
agency services to language-minority and limited-English-
proficient students to the national clearinghouse on bilin-
gual education. The Secretary shall also use existing dis-
178
semination systems within the Department to ensure
broad access at the State and local levels to information
on exemplary instructional programs and related services
for limited-English-proficient students and their families.
‘‘(c) GIFTS, BEQUESTS, AND DEVISES.—The entities
of the national bilingual education network may accept
(but not solicit), use, and dispose of gifts, bequests, or
devises of services or property, both real and personal for
the purpose of aiding or facilitating the work of the na-
tional bilingual education network. Gifts, bequests, or de-
vises of money and proceeds from sales of other property
received as gifts, bequests or devises shall be deposited in
the Treasury and shall be available for disbursement upon
order to the national clearinghouse on bilingual education,
the Evaluation and Assessment Center or Multifunctional
Resource Center, respectively.
‘‘SEC. 7033. RESEARCH.
‘‘(a) RESEARCH ACTIVITIES.—The Secretary shall
provide through competitive grants to institutions of high-
er education, nonprofit and for-profit organizations, and
local and State educational agencies, for research studies
which are of practical application to teachers, counselors,
paraprofessionals, school administrators, parents, and oth-
ers involved in improving the education of limited-English-
proficient students and their families.
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‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) The Secretary shall conduct research ac-
tivities that include—
‘‘(A) identifying criteria for the establish-
ment, use and monitoring of local, State, or
Federal education goals, content, performance
and delivery standards, and assessments for all
students that provide for valid, reliable, and fair
participation by limited-English-proficient and
language-minority students;
‘‘(B) identifying determinants of appro-
priate high quality secondary school programs
for limited-English-proficient students, and the
availability of high quality curriculum-related
instructional materials; and
‘‘(C) identifying determinants of appro-
priate high quality early childhood development
programs for limited-English-proficient chil-
dren, including the role of families and the
availability of appropriate high quality mate-
rials.
‘‘(2) The Secretary is authorized to conduct re-
search activities under this part, including—
‘‘(A) studies to identify models of effective
program articulation that provide for student
180
success when entering English language class-
rooms while developing and maintaining pro-
ficiency in languages other than English;
‘‘(B) studies of effective curricula and in-
structional strategies for the development and
maintenance of high levels of student pro-
ficiency in both their native language and Eng-
lish, including the role of family, community,
and career contexts;
‘‘(C) identification of strategies for effec-
tive participation by limited-English-proficient
parents in their children’s education for attain-
ment of educational excellence;
‘‘(D) methods of improving classification,
placement, and services to limited-English-pro-
ficient students including, but not limited to
their participation in early childhood develop-
ment programs, chapter 1, special education,
foreign language education, and gifted and tal-
ented education;
‘‘(E) identification of methods for effective
delivery of bilingual education to rural schools
and in the less-commonly-taught languages
using educational technology and electronic
communications networks; and
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‘‘(F) identification of trends in demand for
language skills and of career opportunities for
individuals with high levels of proficiency in
English and a second language.
‘‘(c) FIELD-INITIATED RESEARCH.—The Secretary
shall reserve at least 5 percent of the funds available
under this section for field-initiated research by current
or recent recipients of grants under parts A or C of this
title. Research must be conducted by current grant recipi-
ents or by former recipients who have received such grants
within the previous 5 years. Field initiated research may
provide for longitudinal studies of students or teachers in
bilingual education, monitoring the education of such stu-
dents from entry in bilingual education through high
school completion. Applicants may submit an application
for field-initiated research at the same time as applica-
tions are submitted under part A or part C. The Secretary
shall complete a review of such applications on a timely
basis to allow research and program grants to proceed in
coordination where appropriate.
‘‘SEC. 7034. COORDINATION OF RESEARCH.
‘‘The Secretary, in consultation with the Assistant
Secretary, representatives of State and local education
agencies, appropriate groups and organizations involved in
bilingual education, the Committee on Labor and Human
182
Resources of the Senate, and the Committee on Education
and Labor of the House of Representatives shall ensure
that research, standards and assessment development, and
data collection conducted or funded by the Department
embodies a coherent research agenda that systematically
addresses issues regarding the effective education of lan-
guage-minority and limited-English-proficient students
and their participation in system-wide school improve-
ment.
‘‘SEC. 7035. EDUCATION STATISTICS.
‘‘(a) DATA COLLECTION.—(1) The Secretary, in con-
sultation with the Office of Bilingual Education and Mi-
nority Languages Affairs, the Office for Civil Rights, the
National Center for Education Statistics and the Depart-
ment of Labor, shall modify existing general purpose and
program data systems to ensure that language-minority
and limited-English-proficient populations are included in
the design, implementation, and reporting of such systems
in order to fulfill the information reporting requirements
of this title. Such data systems shall include information
on the number of language-minority students, their lin-
guistic competencies in English and native languages, the
quantity and quality of educational services received by
such students, and the educational status of such students
183
in relation to achieving national educational goals and
standards.
‘‘(2) The National Center for Education Statistics
shall collect data on the number and qualifications of
teachers providing services to limited-English-proficient
students, the nature of such services, and the language
proficiencies of such teachers. Data on current and pro-
jected demand for bilingual teachers and other educational
personnel shall be collected, in consultation with local and
State educational agencies, the Bureau of Labor Statis-
tics, and the National Occupational Information Coordi-
nating Committee.
‘‘(3) The Secretary, acting through the National Cen-
ter for Education Statistics and in consultation with the
Office of Bilingual Education and Minority Languages Af-
fairs, the National Cooperative Educational Statistics Sys-
tem and experts in bilingual education, second language
acquisition and English-as-a-second language, shall estab-
lish a common definition of ‘limited-English-proficient’ for
purposes of national data collection. Using this definition,
the Secretary shall provide for continuing a collection of
data on limited-English-proficient students as part of the
data systems operated by the Department.