326
ficient size, scope, and quality, to carry out the pur-
poses of this part effectively.
‘‘(b) TECHNICAL ASSISTANCE.—Each State edu-
cational agency receiving a grant under paragraph (1)
shall—
‘‘(1) identify the local educational agencies
served by the State educational agency that—
‘‘(A) have the highest number or percent-
age of children in poverty; and
‘‘(B) demonstrate to such State edu-
cational agency the greatest need for technical
assistance in developing the application under
section 10133; and
‘‘(2) offer such technical assistance to such
local educational agencies.
‘‘SEC. 10133. STATE APPLICATION.
‘‘To receive funds under this subpart, each State edu-
cational agency shall submit a statewide educational tech-
nology plan which may include plans submitted under the
Goals 2000: Educate America Act or other statewide tech-
nology plans which meet the requirements of this section.
Such application shall be submitted to the Secretary at
such time, in such manner, and accompanied by such in-
formation as the Secretary may reasonably require. Each
327
such application shall contain a systemic statewide plan
that—
‘‘(1) outlines long-term strategies for financing
technology education in the State and describes how
business, industry, and other public and private
agencies, including libraries, library literacy pro-
grams, and institutions of higher education, can par-
ticipate in the implementation, ongoing planning,
and support of the plan; and
‘‘(2) meets such other criteria as the Secretary
may establish in order to enable such agency to pro-
vide assistance to local educational agencies that
have the highest numbers or percentages of children
in poverty and demonstrate the greatest need for
technology, in order to enable such local educational
agencies, for the benefit of school sites served by
such local educational agencies, to carry out activi-
ties such as—
‘‘(A) purchasing quality technology re-
sources;
‘‘(B) installing various linkages necessary
to acquire connectivity;
‘‘(C) integrating technology into the cur-
riculum in order to improve student learning
and achievement;
328
‘‘(D) providing teachers and library media
personnel with training or access to training;
‘‘(E) providing administrative and tech-
nical support and services that improve student
learning through enriched technology-enhanced
resources, including library media resources;
‘‘(F) promoting in individual schools the
sharing, distribution, and application of edu-
cational technologies with demonstrated effec-
tiveness;
‘‘(G) assisting schools in promoting parent
involvement;
‘‘(H) assisting the community in providing
literacy-related services;
‘‘(I) establishing partnerships with private
or public educational providers or other entities
to serve the needs of children in poverty; and
‘‘(J) providing assurances that financial
assistance provided under this part shall supple-
ment, not supplant, State and local funds.
‘‘SEC. 10134. LOCAL USES OF FUNDS.
‘‘Each local educational agency, to the extent pos-
sible, shall use the funds made available under section
10132(a)(2) for—
329
‘‘(1) developing, adapting, or expanding existing
and new applications of technology to support the
school reform effort;
‘‘(2) funding projects of sufficient size and
scope to improve student learning and, as appro-
priate, support professional development, and pro-
vide administrative support;
‘‘(3) acquiring connectivity linkages, resources,
and services, including the acquisition of hardware
and software, for use by teachers, students and
school library media personnel in the classroom or in
school library media centers, in order to improve
student learning by supporting the instructional pro-
gram offered by such agency to ensure that students
in schools will have meaningful access on a regular
basis to such linkages, resources and services;
‘‘(4) providing ongoing professional develop-
ment in the integration of quality educational tech-
nologies into school curriculum and long-term plan-
ning for implementing educational technologies;
‘‘(5) acquiring connectivity with wide area net-
works for purposes of accessing information and
educational programming sources, particularly with
institutions of higher education and public libraries;
and
330
‘‘(6) providing educational services for adults
and families.
‘‘SEC. 10135. LOCAL APPLICATIONS.
‘‘Each local educational agency desiring assistance
from 
a 
State 
educational 
agency 
under 
section
10132(a)(2) shall submit an application, consistent with
the objectives of the systemic statewide plan, to the State
educational agency at such time, in such manner and ac-
companied by such information as the State educational
agency may reasonably require. Such application, at a
minimum, shall—
‘‘(1) include a strategic, long-range (three- to
five-year), plan that includes—
‘‘(A) a description of the type of tech-
nologies to be acquired, including specific provi-
sions for interoperability among components of
such technologies and, to the extent practicable,
with existing technologies;
‘‘(B) an explanation of how the acquired
technologies will be integrated into the cur-
riculum to help the local educational agency en-
hance teaching, training, and student achieve-
ment;
‘‘(C) an explanation of how programs will
be developed in collaboration with existing adult
331
literacy services providers to maximize the use
of such technologies;
‘‘(D)(i) a description of how the local edu-
cational agency will ensure ongoing, sustained
professional development for teachers, adminis-
trators, and school library media personnel
served by the local educational agency to fur-
ther the use of technology in the classroom or
library media center; and
‘‘(ii) a list of the source or sources of ongo-
ing training and technical assistance available
to schools, teachers and administrators served
by the local educational agency, such as State
technology offices, intermediate educational
support units, regional educational laboratories
or institutions of higher education;
‘‘(E) a description of the supporting re-
sources, such as services, software and print re-
sources, which will be acquired to ensure suc-
cessful and effective use of technologies ac-
quired under this section;
‘‘(F) the projected timetable for imple-
menting such plan in schools;
332
‘‘(G) the projected cost of technologies to
be acquired and related expenses needed to im-
plement such plan; and
‘‘(H) a description of how the local edu-
cational agency will coordinate the technology
provided pursuant to this subpart with other
grant funds available for technology from State
and local sources;
‘‘(2) describe how the local educational agency
will involve parents, public libraries, business leaders
and community leaders in the development of such
plan;
‘‘(3) describe how the acquired instructionally
based technologies will help the local educational
agency—
‘‘(A) promote equity in education in order
to support State content standards and State
student performance standards that may be de-
veloped; and
‘‘(B) provide access for teachers, parents
and students to the best teaching practices and
curriculum resources through technology; and
‘‘(4) describe a process for the ongoing evalua-
tion of how technologies acquired under this
section—
333
‘‘(A) will be integrated into the school cur-
riculum; and
‘‘(B) will affect student achievement and
progress toward meeting the National Edu-
cation Goals and any challenging State content
standards and State student performance
standards that may be developed.
‘‘(d) FORMATION
OF CONSORTIA.—A local edu-
cational agency for any fiscal year may apply for financial
assistance as part of a consortium with other local edu-
cational agencies, institutions of higher education, inter-
mediate educational units, libraries, or other educational
entities appropriate to provide local programs. The State
educational agency may assist in the formation of con-
sortia among local educational agencies, providers of edu-
cational services for adults and families, institutions of
higher education, intermediate educational units, libraries,
or other appropriate educational entities to provide serv-
ices for the teachers and students in a local educational
agency at the request of such local educational agency.
‘‘(e) COORDINATION
OF
APPLICATION
REQUIRE-
MENTS.—If a local educational agency submitting an ap-
plication for assistance under this section has developed
a comprehensive education improvement plan, in conjunc-
tion with requirements under this Act or the Goals 2000:
334
Educate America Act, the State educational agency may
approve such plan, or a component of such plan, notwith-
standing the requirements of subsection (e) if the State
educational agency determines that such approval would
further the purposes of this subpart.
‘‘SEC. 10136. NATIONAL CHALLENGE GRANTS FOR TECH-
NOLOGY IN EDUCATION.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—From amounts made avail-
able under section 10115(b)(1) for any fiscal year
the Secretary is authorized to award grants, on a
competitive basis, to consortia having applications
approved under subsection (d), which consortia shall
include at least one local educational agency with a
high percentage or number of children living below
the poverty line and may include other local edu-
cational agencies, State educational agencies, institu-
tions of higher education, businesses, academic con-
tent experts, software designers, museums, libraries,
or other appropriate entities.
‘‘(2) DURATION.—Grants under this section
shall be awarded for a period of 5 years.
‘‘(b) USE OF GRANTS.—Grants awarded under sub-
section (a) shall be used for activities similar to the activi-
ties described in section 10134.
335
‘‘(c) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to consortia which
demonstrate in the application submitted under subsection
(d) that—
‘‘(1) the project for which assistance is sought
is designed to serve areas with a high number or
percentage of disadvantaged students or the greatest
need for educational technology;
‘‘(2) the project will directly benefit students
by, for example, integrating the acquired tech-
nologies into curriculum to help the local educational
agency enhance teaching, training, and student
achievement;
‘‘(3) the project will ensure ongoing, sustained
professional development for teachers, administra-
tors, and school library media personnel served by
the local educational agency to further the use of
technology in the classroom or library media center;
‘‘(4) the project will ensure successful, effective,
and sustainable use of technologies acquired under
this subsection; and
‘‘(5) members of the consortia or other appro-
priate entities will contribute substantial financial
and other resources to achieve the goals of the
project.
336
‘‘(d) APPLICATION.—Each local educational agency
desiring a grant under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
‘‘SEC. 10137. FEDERAL ADMINISTRATION.
‘‘(a) EVALUATION
PROCEDURES.—The Secretary
shall develop procedures for State and local evaluations
of the programs under this subpart.
‘‘(b) EVALUATION SUMMARY.—The Secretary shall
submit to the Congress four years after the enactment of
the Education Reinvestment Act a summary of the State
evaluations of programs under this subpart in accordance
with the provisions of section 14701.
‘‘Subpart 3—Regional Technical Support and
Professional Development
‘‘SEC. 10141. REGIONAL TECHNICAL SUPPORT AND PROFES-
SIONAL DEVELOPMENT.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) AUTHORITY.—The Secretary, through the
Office of Educational Technology, shall make grants
in accordance with the provisions of this section, to
regional entities such as the Eisenhower Mathe-
matics and Science Regional Consortia under part C
of title XIII, the regional education laboratories, the
337
comprehensive regional assistance centers, or such
other regional entities as may be designated or es-
tablished by the Secretary. In awarding grants
under this section, the Secretary shall give priority
to such consortia and shall ensure that each geo-
graphic region of the United States shall be served
by such a consortium.
‘‘(2) REQUIREMENTS.—Each consortium receiv-
ing a grant under this section shall—
‘‘(A) be composed of State educational
agencies, institutions of higher education, non-
profit organizations, or a combination thereof;
‘‘(B) in cooperation with State and local
educational agencies, develop a regional pro-
gram that addresses professional development,
technical assistance, and information resource
dissemination, with special emphasis on meeting
the documented needs of educators and learners
in the region; and
‘‘(C) foster regional cooperation and re-
source and coursework sharing.
‘‘(b) FUNCTIONS.—
‘‘(1) TECHNICAL
ASSISTANCE.—Each consor-
tium receiving a grant under this section shall, to
the extent practicable—
338
‘‘(A) collaborate with State educational
agencies and local educational agencies request-
ing collaboration, particularly in the develop-
ment of strategies for assisting those schools
with the highest numbers or percentages of dis-
advantaged students with little or no access to
technology in the classroom;
‘‘(B) provide information, in coordination
with information available from the Secretary,
to State educational agencies, local educational
agencies, schools and adult education programs,
on the types and features of various educational
technology equipment and software available,
evaluate and make recommendations on equip-
ment and software that support the National
Education Goals and are suited for a school’s
particular needs, and compile and share infor-
mation regarding creative and effective applica-
tions of technology in the classroom and school
library media centers in order to support the
purposes of this part;
‘‘(C) collaborate with such State edu-
cational agencies, local educational agencies, or
schools requesting to participate in the tailoring
of software programs and other supporting ma-
339
terials to meet challenging State content stand-
ards or challenging State student performance
standards that may be developed; and
‘‘(D) provide technical assistance to facili-
tate use of the electronic dissemination net-
works by State and local educational agencies
and schools throughout the region.
‘‘(2) 
PROFESSIONAL
DEVELOPMENT.—Each
consortium receiving a grant under this section
shall, to the extent practicable—
‘‘(A) develop and implement, in collabora-
tion with State educational agencies and insti-
tutions of higher education, technology-specific,
ongoing professional development, such as—
‘‘(i) intensive school year and summer
workshops that use teachers, school librar-
ians, and school library personnel to train
other teachers, school librarians, and other
school library media personnel; and
‘‘(ii) distance professional develop-
ment, including—
‘‘(I) interactive training tele-
courses using researchers, educators,
and 
telecommunications 
personnel
who have experience in developing,
340
implementing, 
or 
operating 
edu-
cational and instructional technology
as a learning tool;
‘‘(II) onsite courses teaching
teachers to use educational and in-
structional technology and to develop
their own instructional materials for
effectively incorporating technology
and programming in their own class-
rooms;
‘‘(III) methods for successful in-
tegration of instructional technology
into the curriculum in order to im-
prove student learning and achieve-
ment;
‘‘(IV) video conferences and sem-
inars which offer professional develop-
ment through peer interaction with
experts as well as other teachers using
technologies in their classrooms; and
‘‘(V) mobile education technology
and training resources;
‘‘(B) develop training resources that—
‘‘(i) are relevant to the needs of the
region and schools within the region;
341
‘‘(ii) are relevant to the needs of adult
literacy staff and volunteers, including on-
site courses on how to—
‘‘(I) use instructional technology;
and
‘‘(II) develop instructional mate-
rials for adult learning; and
‘‘(iii) are aligned with the needs of
teachers and administrators in the region;
‘‘(C) establish a repository of professional
development and technical assistance resources;
‘‘(D) identify and link technical assistance
providers to State and local educational agen-
cies, as needed;
‘‘(E) ensure that training, professional de-
velopment, and technical assistance meet the
needs of educators, parents, and students
served by the region;
‘‘(F) assist colleges and universities within
the region to develop and implement preservice
training programs for students enrolled in
teacher education programs; and
‘‘(G) assist local educational agencies and
schools in working with community members
and parents to develop support from commu-
342
nities and parents for educational technology
programs and projects.
‘‘(3) INFORMATION AND RESOURCE DISSEMINA-
TION.—Each consortium receiving a grant under
this section shall, to the extent practicable—
‘‘(A) assist State and local educational
agencies in the identification and procurement
of financial, technological and human resources
needed to implement technology plans;
‘‘(B) provide outreach and, at the request
of a State or local educational agency, work
with such agency to assist in the development
and validation of instructionally based tech-
nology education resources; and
‘‘(C) coordinate activities and establish
partnerships with organizations and institutions
of higher education that represent the interests
of the region as such interests pertain to the
application of technology in teaching, learning,
instructional management, dissemination, col-
lection and distribution of educational statistics,
and the transfer of student information.
‘‘(4) COORDINATION.—Each consortium receiv-
ing a grant under this section shall work collabo-
ratively, and coordinate the services the consortium
343
provides, with appropriate regional and other enti-
ties assisted in whole or in part by the Department.
‘‘Subpart 4—Product Development
‘‘SEC. 10151. EDUCATIONAL TECHNOLOGY PRODUCT DE-
VELOPMENT.
‘‘(a) PURPOSE.—It is the purpose of this subpart
to—
‘‘(1) support development of curriculum-based
learning resources using state-of-the-art technologies
and techniques designed to improve student learn-
ing; and
‘‘(2) support development of long-term com-
prehensive instructional programming and associated
support resources that ensure maximum access by
all educational institutions.
‘‘(b) FEDERAL ASSISTANCE AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall provide
assistance, on a competitive basis, to eligible con-
sortia to enable such entities to develop, produce,
and distribute state-of-the-art technology-enhanced
instructional resources and programming for use in
the classroom or to support professional development
for teachers.
‘‘(2) GRANTS
AND
LOANS
AUTHORIZED.—In
carrying out the purposes of this section, the Sec-
344
retary is authorized to pay the Federal share of the
cost of the development, production, and distribution
of state-of-the-art technology enhanced instructional
resources and programming—
‘‘(A) by awarding grants to, or entering
into contracts or cooperative agreements with,
eligible consortia; or
‘‘(B) by awarding loans to eligible con-
sortia which—
‘‘(i) shall be secured in such manner
and be repaid within such period, not ex-
ceeding 20 years, as may be determined by
the Secretary;
‘‘(ii) shall bear interest at a rate de-
termined by the Secretary which shall be
not more than the total of one-quarter of
1 percent per annum added to the rate of
interest paid by the Secretary on funds ob-
tained from the Secretary of the Treasury;
and
‘‘(iii) may be forgiven by the Sec-
retary, in an amount not to exceed 25 per-
cent of the total loan, under such terms
and conditions as the Secretary may con-
sider appropriate.
345
‘‘(3) MATCHING
REQUIREMENT.—The Sec-
retary may require any recipient of a grant or con-
tract under this subpart to share in the cost of the
activities assisted under such grant or contract,
which non-Federal share shall be announced through
a notice in the Federal Register and may be in the
form of cash or in-kind contributions, fairly valued.
‘‘(4) ELIGIBLE CONSORTIUM.—For the purpose
of this subsection, the term ‘eligible consortium’
means a consortium—
‘‘(A) that shall include—
‘‘(i) a State or local educational agen-
cy; and
‘‘(ii) a business, industry, or tele-
communications entity; and
‘‘(B) that may include—
‘‘(i) a public or private nonprofit orga-
nization; or
‘‘(ii) a postsecondary institution.
‘‘(5) 
PRIORITIES.—In 
awarding 
assistance
under this section, the Secretary shall give priority
to applications describing programs or systems
that—
‘‘(A) promote the acquisition of higher-
order thinking skills and promise to raise the
346
achievement levels of all students, particularly
disadvantaged students who are not realizing
their potential;
‘‘(B) are aligned with challenging State
content standards and State and local cur-
riculum frameworks;
‘‘(C) may be adapted and applied nation-
ally at a reasonable cost over a broad tech-
nology platform;
‘‘(D) convert technology resources devel-
oped with support from the Department of De-
fense and other Federal agencies for effective
use in the classroom;
‘‘(E) show promise of reducing the costs of
providing high-quality instruction;
‘‘(F) show promise of expanding access to
high-quality instruction in content areas which
would otherwise not be available to students in
rural and urban communities or who are served
by other educational agencies with limited fi-
nancial resources;
‘‘(G) are developed in consultation with
classroom teachers;
‘‘(H) are developed through consultation
and collaboration with appropriate education
347
entities in designing the product to ensure rel-
evance to the voluntary national content stand-
ards, the voluntary national student perform-
ance standards and State curriculum frame-
works; and
‘‘(I) are developed so that the product can
be adapted for use by adults in need of literacy
services, including English as a second language
and preparation for a secondary school diploma
or its recognized equivalent.
‘‘(6) REQUIREMENTS
FOR
FEDERAL
ASSIST-
ANCE.—Each eligible consortium desiring Federal
assistance under this section shall submit an appli-
cation to the Secretary at such time and in such
manner as the Secretary may prescribe. Each appli-
cation shall include—
‘‘(A) a description of how the product will
improve the achievement levels of students;
‘‘(B) a description of how the activities as-
sisted under this section will promote profes-
sional development of teachers and administra-
tors in the uses and applications of the product,
including the development of training materials;
348
‘‘(C) a description of design, development,
field testing, evaluation, and distribution of
products, where appropriate;
‘‘(D) an assurance that the product shall
effectively serve a significant number or per-
centage of economically disadvantaged students;
‘‘(E) plans for dissemination of products to
a wide audience of learners;
‘‘(F) a description of how the product can
be adapted for use by students with disabilities
including provisions for closed captioning or de-
scriptive video, where appropriate;
‘‘(G) a description of how ownership and
rights to the use and marketing of any product
developed by the consortium, including intellec-
tual property rights, will be allocated among
consortium participants; and
‘‘(H) a description of the contributions, in-
cluding services and funds, to be made by each
member of the consortium, and how any reve-
nues derived from the sale of any product devel-
oped by the consortium shall be distributed.
‘‘(c) CONSUMER REPORT.—The Secretary shall pro-
vide for the independent evaluation of products developed
under this section and shall disseminate information about
349
products developed pursuant to provisions of this section
to State and local educational agencies, and other organi-
zations or individuals that the Secretary determines to be
appropriate, through print and electronic media that are
accessible to the education community at large.
‘‘(d) PROCEEDS.—The Secretary shall not prohibit
an eligible consortium or any of the members of such con-
sortium from receiving financial benefits from the dis-
tribution of any products resulting from the assistance re-
ceived under this section. Notwithstanding any other pro-
vision of law, any profits or royalties received by a State
educational agency, local educational agency, or other non-
profit member of an eligible consortium receiving assist-
ance under this section shall be used to support further
development of curriculum-based learning resources, serv-
ices, and programming or to provide access to such prod-
ucts for a wider audience.
‘‘PART B—STAR SCHOOLS PROGRAM
‘‘SEC. 10201. SHORT TITLE.
‘‘This part may be cited as the ‘Star Schools Act’.
‘‘SEC. 10202. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the Star Schools program has helped to
encourage the use of distance learning strategies to
350
serve multi-State regions primarily by means of sat-
ellite and broadcast television;
‘‘(2) in general, distance learning programs
have been used effectively to provide students in
small, rural, and isolated schools with courses and
instruction, such as science and foreign language in-
struction, that the local educational agency is not
otherwise able to provide; and
‘‘(3) distance learning programs may also be
used to—
‘‘(A) provide students of all ages in all
types of schools and educational settings with
greater access to high-quality instruction in the
full range of core academic subjects that will
enable such students to meet challenging, inter-
nationally competitive, educational standards;
‘‘(B) expand professional development op-
portunities for teachers;
‘‘(C) contribute to achievement of the Na-
tional Education Goals; and
‘‘(D) expand learning opportunities for ev-
eryone.
‘‘SEC. 10203. PURPOSE.
‘‘It is the purpose of this part to encourage improved
instruction in mathematics, science, and foreign languages
351
as well as other subjects, such as literacy skills and voca-
tional education, and to serve underserved populations, in-
cluding the disadvantaged, illiterate, limited-English pro-
ficient, and individuals with disabilities, through a star
schools program under which grants are made to eligible
telecommunication partnerships to enable such partner-
ships to—
‘‘(1) develop, construct, acquire, maintain and
operate telecommunications audio and visual facili-
ties and equipment;
‘‘(2) develop and acquire educational and in-
structional programming; and
‘‘(3) obtain technical assistance for the use of
such facilities and instructional programming.
‘‘SEC. 10204. GRANTS AUTHORIZED.
‘‘(a) AUTHORITY.—The Secretary, through the Office
of Educational Technology, is authorized to make grants,
in accordance with the provisions of this part, to eligible
entities to pay the Federal share of the cost of—
‘‘(1) the development, construction, acquisition,
maintenance and operation of telecommunications
facilities and equipment;
‘‘(2) the development and acquisition of live,
interactive instructional programming;
352
‘‘(3) the development and acquisition of
preservice and inservice teacher training programs
based on established research regarding teacher-to-
teacher mentoring, effective skill transfer, and ongo-
ing, in-class instruction;
‘‘(4) the establishment of teleconferencing facili-
ties and resources for making interactive training
available to teachers;
‘‘(5) obtaining technical assistance; and
‘‘(6) the coordination of the design and
connectivity of telecommunications networks to
reach the greatest number of schools.
‘‘(b) DURATION.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants pursuant to subsection (a) for a period of 5
years.
‘‘(2) RENEWAL.—Grants awarded pursuant to
subsection (a) may be renewed for one additional
three-year period.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated $35,000,000 for fiscal year 2001, and
such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this part.
353
‘‘(2) AVAILABILITY.—Funds appropriated pur-
suant to the authority of subsection (a) shall remain
available until expended.
‘‘(d) LIMITATIONS.—
‘‘(1) IN GENERAL.—A grant under this section
shall not exceed—
‘‘(A) five years in duration; and
‘‘(B) $10,000,000 in any one fiscal year.
‘‘(2) INSTRUCTIONAL PROGRAMMING.—Not less
than 25 percent of the funds available to the Sec-
retary in any fiscal year under this part shall be
used for the cost of instructional programming.
‘‘(3) SPECIAL RULE.—Not less than 50 percent
of the funds available in any fiscal year under this
part shall be used for the cost of facilities, equip-
ment, teacher training or retraining, technical assist-
ance, or programming, for local educational agencies
which are eligible to receive asssistance under part
A of title I.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the
cost of projects funded under this section shall not
exceed—
354
‘‘(A) 75 percent for the first and second
years for which an eligible telecommunications
partnership receives a grant under this part;
‘‘(B) 60 percent for the third and fourth
such years; and
‘‘(C) 50 percent for the fifth such year.
‘‘(2) REDUCTION OR WAIVER.—The Secretary
may reduce or waive the requirement of the non-
Federal share under paragraph (1) upon a showing
of financial hardship.
‘‘(f) AUTHORITY TO ACCEPT FUNDS FROM OTHER
AGENCIES.—The Secretary is authorized to accept funds
from other Federal departments or agencies to carry out
the purposes of this section, including funds for the pur-
chase of equipment.
‘‘(g) COORDINATION.—The Department, the Na-
tional Science Foundation, the Department of Agriculture,
the Department of Commerce, and any other Federal de-
partment or agency operating a telecommunications net-
work for educational purposes, shall coordinate the activi-
ties assisted under this part with the activities of such de-
partment or agency relating to a telecommunications net-
work for educational purposes.
355
‘‘(h) 
CLOSED
CAPTIONING
AND
DESCRIPTIVE
VIDEO.—Each entity receiving funds under this part is
encouraged to provide—
‘‘(1) closed captioning of the verbal content of
such program, where appropriate, to be broadcast by
way of line 21 of the vertical blanking interval, or
by way of comparable successor technologies; and
‘‘(2) descriptive video of the visual content of
such program, as appropriate.
‘‘SEC. 10205. ELIGIBLE ENTITIES.
‘‘(a) ELIGIBLE ENTITIES.—
‘‘(1) REQUIRED
PARTICIPATION.—The Sec-
retary may make a grant under section 10204 to
any eligible entity, if at least one local educational
agency is participating in the proposed project.
‘‘(2) ELIGIBLE
ENTITY.—For the purpose of
this part, the term ‘eligible entity’ may include—
‘‘(A) a public agency or corporation estab-
lished for the purpose of developing and oper-
ating telecommunications networks to enhance
educational opportunities provided by edu-
cational institutions, teacher training centers,
and other entities, except that any such agency
or corporation shall represent the interests of
elementary and secondary schools that are eligi-
356
ble to participate in the program under part A
of title I; or
‘‘(B) a partnership that will provide tele-
communications services and which includes 3
or more of the following entities, at least 1 of
which shall be an agency described in clause (i)
or (ii):
‘‘(i) a local educational agency that
serves a significant number of elementary
and secondary schools that are eligible for
assistance under part A of title I, or ele-
mentary and secondary schools operated or
funded for Indian children by the Depart-
ment of the Interior eligible under section
1121(b)(2);
‘‘(ii) a State educational agency;
‘‘(iii) adult and family education pro-
grams;
‘‘(iv) an institution of higher edu-
cation or a State higher education agency;
‘‘(v) a teacher training center or acad-
emy that—
‘‘(I) provides teacher pre-service
and in-service training; and
357
‘‘(II) receives Federal financial
assistance or has been approved by a
State agency;
‘‘(vi) (I) a public or private entity
with experience and expertise in the plan-
ning and operation of a telecommuni-
cations network, including entities involved
in telecommunications through satellite,
cable, telephone, or computer; or
‘‘(II) a public broadcasting entity with
such experience; or
‘‘(vii) a public or private elementary
or secondary school.
‘‘(b) SPECIAL RULE.—An eligible entity receiving as-
sistance under this part shall be organized on a statewide
or multistate basis.
‘‘SEC. 10206. APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—Each eligible entity
which desires to receive a grant under section 10204 shall
submit an application to the Secretary, at such time, in
such manner, and containing or accompanied by such in-
formation as the Secretary may reasonably require.
‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each
application submitted pursuant to subsection (a) shall—
358
‘‘(1) describe how the proposed project will as-
sist in achieving the National Education Goals, how
such project will assist all students to have an op-
portunity to learn to challenging State standards,
how such project will assist State and local edu-
cational reform efforts, and how such project will
contribute to creating a high quality system of life-
long learning;
‘‘(2) describe the telecommunications facilities
and equipment and technical assistance for which
assistance is sought, which may include—
‘‘(A) the design, development, construction,
acquisition, maintenance and operation of State
or multistate educational telecommunications
networks and technology resource centers;
‘‘(B) microwave, fiber optics, cable, and
satellite transmission equipment or any com-
bination thereof;
‘‘(C) reception facilities;
‘‘(D) satellite time;
‘‘(E) production facilities;
‘‘(F) other telecommunications equipment
capable of serving a wide geographic area;
‘‘(G) the provision of training services to
instructors who will be using the facilities and
359
equipment for which assistance is sought, in-
cluding training in using such facilities and
equipment and training in integrating programs
into the classroom curriculum; and
‘‘(H) the development of educational and
related programming for use on a telecommuni-
cations network;
‘‘(3) in the case of an application for assistance
for instructional programming, describe the types of
programming which will be developed to enhance in-
struction and training and provide assurances that
such programming will be designed in consultation
with professionals (including classroom teachers)
who are experts in the applicable subject matter and
grade level;
‘‘(4) describe how the eligible entity has en-
gaged in sufficient survey and analysis of the area
to be served to ensure that the services offered by
the eligible entity will increase the availability of
courses of instruction in English, mathematics,
science, foreign languages, arts, history, geography,
or other disciplines;
‘‘(5) describe the professional development poli-
cies for teachers and other school personnel to be
implemented to ensure the effective use of the tele-
360
communications facilities and equipment for which
assistance is sought;
‘‘(6) describe the manner in which historically
underserved students (such as students from low-in-
come families, limited English proficient students,
students with disabilities, or students who have low
literacy skills) and their families, will participate in
the benefits of the telecommunications facilities,
equipment, technical assistance, and programming
assisted under this part;
‘‘(7) describe how existing telecommunications
equipment, facilities, and services, where available,
will be used;
‘‘(8) provide assurances that the financial inter-
est of the United States in the telecommunications
facilities and equipment will be protected for the
useful life of such facilities and equipment;
‘‘(9) provide assurances that a significant por-
tion of any facilities and equipment, technical assist-
ance, and programming for which assistance is
sought for elementary and secondary schools will be
made available to schools or local educational agen-
cies that have a high number or percentage of chil-
dren eligible to be counted under part A of title I;
361
‘‘(10) provide assurances that the applicant will
use the funds provided under this part to supple-
ment and not supplant funds otherwise available for
the purposes of this part;
‘‘(11) if any member of the consortia receives
assistance under subpart 3 of part A, describe how
funds received under this part will be coordinated
with funds received for educational technology in the
classroom under such section;
‘‘(12) describe the activities or services for
which assistance is sought, such as—
‘‘(A) providing facilities, equipment, train-
ing services, and technical assistance;
‘‘(B) making programs accessible to stu-
dents with disabilities through mechanisms such
as closed captioning and descriptive video serv-
ices;
‘‘(C) linking networks around issues of na-
tional importance (such as elections) or to pro-
vide information about employment opportuni-
ties, job training, or student and other social
service programs;
‘‘(D) sharing curriculum resources between
networks and development of program guides
which demonstrate cooperative, cross-network
362
listing of programs for specific curriculum
areas;
‘‘(E) providing teacher and student sup-
port services including classroom and training
support materials which permit student and
teacher involvement in the live interactive dis-
tance learning telecasts;
‘‘(F) incorporating community resources
such as libraries and museums into instruc-
tional programs;
‘‘(G) providing professional development
for teachers, including, as appropriate, training
to early childhood development and Head Start
teachers and staff and vocational education
teachers and staff, and adult and family edu-
cators;
‘‘(H) providing programs for adults to
maximize the use of telecommunications facili-
ties and equipment;
‘‘(I) providing teacher training on proposed
or established voluntary national content stand-
ards in mathematics and science and other dis-
ciplines as such standards are developed; and
‘‘(J) providing parent education programs
during and after the regular school day which
363
reinforce a student’s course of study and ac-
tively involve parents in the learning process;
‘‘(13) describe how the proposed project as a
whole will be financed and how arrangements for fu-
ture financing will be developed before the project
expires;
‘‘(14) provide an assurance that a significant
portion of any facilities, equipment, technical assist-
ance, and programming for which assistance is
sought for elementary and secondary schools will be
made available to schools in local educational agen-
cies that have a high percentage of children counted
for the purpose of part A of title I;
‘‘(15) provide an assurance that the applicant
will provide such information and cooperate in any
evaluation that the Secretary may conduct under
this part; and
‘‘(16) include such additional assurances as the
Secretary may reasonably require.
‘‘(c) PRIORITIES.—The Secretary, in approving appli-
cations for grants authorized under section 10204, shall
give priority to applications describing projects that—
‘‘(1) propose high-quality plans to assist in
achieving one or more of the National Education
Goals, will provide instruction consistent with State
364
content standards, or will otherwise provide signifi-
cant and specific assistance to States and local edu-
cational agencies undertaking systemic education re-
form;
‘‘(2) will provide services to programs serving
adults, especially parents, with low levels of literacy;
‘‘(3) will serve schools with significant numbers
of children counted for the purposes of part A of
title I;
‘‘(4) ensure that the eligible entity will—
‘‘(A) serve the broadest range of institu-
tions, programs providing instruction outside of
the school setting, programs serving adults, es-
pecially parents, with low levels of literacy, in-
stitutions of higher education, teacher training
centers, research institutes, and private indus-
try;
‘‘(B) have substantial academic and teach-
ing capabilities, including the capability of
training, retraining, and inservice upgrading of
teaching skills and the capability to provide pro-
fessional development;
‘‘(C) provide a comprehensive range of
courses for educators to teach instructional
strategies for students with different skill levels;
365
‘‘(D) provide training to participating edu-
cators in ways to integrate telecommunications
courses into existing school curriculum;
‘‘(E) provide instruction for students,
teachers, and parents;
‘‘(F) serve a multistate area; and
‘‘(G) give priority to the provision of equip-
ment and linkages to isolated areas; and
‘‘(5) involve a telecommunications entity (such
as a satellite, cable, telephone, computer, or public
or private television stations) participating in the eli-
gible entity and donating equipment or in-kind serv-
ices for telecommunications linkages.
‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap-
plications for grants authorized under section 10204, the
Secretary shall, to the extent feasible, ensure an equitable
geographic distribution of services provided under this
part.
‘‘SEC. 10207. LEADERSHIP AND EVALUATION ACTIVITIES.
‘‘(a) RESERVATION.—From the amount appropriated
pursuant to the authority of section 10204(c)(1) in each
fiscal year, the Secretary may reserve not more than 5
percent of such amount for national leadership, evalua-
tion, and peer review activities.
366
‘‘(b) METHOD OF FUNDING.—The Secretary may
fund the activities described in subsection (a) directly or
through grants, contracts, and cooperative agreements.
‘‘(c) USES OF FUNDS.—
‘‘(1) LEADERSHIP.—Funds reserved for leader-
ship activities under subsection (a) may be used
for—
‘‘(A) disseminating information, including
lists and descriptions of services available from
grant recipients under this part; and
‘‘(B) other activities designed to enhance
the quality of distance learning activities na-
tionwide.
‘‘(2) EVALUATION.—Funds reserved for evalua-
tion activities under subsection (a) may be used to
conduct independent evaluations of the activities as-
sisted under this part and of distance learning in
general, including—
‘‘(A) analyses of distance learning efforts,
including such efforts that are assisted under
this part and such efforts that are not assisted
under this part; and
‘‘(B) comparisons of the effects, including
student outcomes, of different technologies in
distance learning efforts.
367
‘‘(3) PEER REVIEW.—Funds reserved for peer
review activities under subsection (a) may be used
for peer review of—
‘‘(A) applications for grants under this
part; and
‘‘(B) activities assisted under this part.
‘‘SEC. 10208. DEFINITIONS.
‘‘As used in this part—
‘‘(1) the term ‘educational institution’ means an
institution of higher education, a local educational
agency, or a State educational agency;
‘‘(2) the term ‘instructional programming’
means courses of instruction and training courses
for elementary and secondary students, teachers,
and others, and materials for use in such instruction
and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented
by means of telecommunications devices; and
‘‘(3) the term ‘public broadcasting entity’ has
the same meaning given such term in section 397 of
the Communications Act of 1934.
‘‘SEC. 10209. ADMINISTRATIVE PROVISIONS.
‘‘(a) CONTINUING ELIGIBILITY.—
‘‘(1) IN GENERAL.—In order to be eligible to
receive a grant under section 10204 for a second 3-
368
year grant period an eligible entity shall demonstrate
in the application submitted pursuant to section
10206 that such partnership shall—
‘‘(A) continue to provide services in the
subject areas and geographic areas assisted
with funds received under this part for the pre-
vious 5-year grant period; and
‘‘(B) use all grant funds received under
this part for the second 3-year grant period to
provide expanded services by—
‘‘(i) increasing the number of stu-
dents, schools or school districts served by
the courses of instruction assisted under
this part in the previous fiscal year;
‘‘(ii) providing new courses of instruc-
tion; and
‘‘(iii) serving new populations of un-
derserved individuals, such as children or
adults who are disadvantaged, have lim-
ited-English proficiency, are individuals
with disabilities, are illiterate, or lack sec-
ondary school diplomas or their recognized
equivalent.
‘‘(2) SPECIAL
RULE.—Grant funds received
pursuant to paragraph (1) shall be used to supple-
369
ment and not supplant services provided by the
grant recipient under this part in the previous fiscal
year.
‘‘(b) FEDERAL ACTIVITIES.—The Secretary may as-
sist grant recipients under section 10204 in acquiring sat-
ellite time, where appropriate, as economically as possible.
‘‘SEC. 10210. OTHER ASSISTANCE.
‘‘(a) SPECIAL STATEWIDE NETWORK.—
‘‘(1) IN GENERAL.—The Secretary, through the
Office of Educational Technology, may provide as-
sistance to a statewide telecommunications network
under this subsection if such network—
‘‘(A) provides 2-way full motion interactive
video and audio communications;
‘‘(B) links together public colleges and uni-
versities and secondary schools throughout the
State; and
‘‘(C) meets any other requirements deter-
mined appropriate by the Secretary.
‘‘(2) STATE CONTRIBUTION.—A statewide tele-
communications network assisted under paragraph
(1) shall contribute, either directly or through pri-
vate contributions, non-Federal funds equal to not
less than 50 percent of the cost of such network.
‘‘(b) SPECIAL LOCAL NETWORK.—
370
‘‘(1) IN GENERAL.—The Secretary may provide
assistance, on a competitive basis, to a local edu-
cational agency or consortium thereof to enable such
agency or consortium to establish a high technology
demonstration program.
‘‘(2) PROGRAM REQUIREMENTS.—A high tech-
nology demonstration program assisted under para-
graph (1) shall—
‘‘(A) include 2-way full motion interactive
video, audio and text communications;
‘‘(B) link together elementary and sec-
ondary schools, colleges, and universities;
‘‘(C) provide parent participation and fam-
ily programs;
‘‘(D) include a staff development program;
and
‘‘(E) have a significant contribution and
participation from business and industry.
‘‘(3) SPECIAL
RULE.—Each high technology
demonstration program assisted under paragraph
(1) shall be of sufficient size and scope to have an
effect on meeting the National Education Goals.
‘‘(4) MATCHING REQUIREMENT.—A local edu-
cational agency or consortium receiving a grant
under paragraph (1) shall provide, either directly or
371
through private contributions, non-Federal matching
funds equal to not less than 50 percent of the
amount of the grant.
‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR CON-
TINUING EDUCATION.—
‘‘(1) AUTHORITY.—The Secretary is authorized
to award grants, on a competitive basis, to eligible
entities to enable such partnerships to develop and
operate one or more programs which provide on-line
access to educational resources in support of con-
tinuing education and curriculum requirements rel-
evant to achieving a secondary school diploma or its
recognized equivalent. The program authorized by
this section shall be designed to advance adult lit-
eracy, secondary school completion and the acquisi-
tion of specified competency by the end of the 12th
grade, as envisioned by the Goals 2000: Educate
America Act.
‘‘(2) APPLICATION.—Each eligible entity desir-
ing a grant under this section shall submit an appli-
cation to the Secretary. Each such application
shall—
‘‘(A) demonstrate that the applicant will
use publicly funded or free public telecommuni-
cations infrastructure to deliver video, voice and
372
data in an integrated service to support and as-
sist in the acquisition of a secondary school di-
ploma or its recognized equivalent;
‘‘(B) assure that the content of the mate-
rials to be delivered is consistent with the ac-
creditation requirements of the State for which
such materials are used;
‘‘(C) incorporate, to the extent feasible,
materials developed in the Federal departments
and agencies and under appropriate federally
funded projects and programs;
‘‘(D) assure that the applicant has the
technological and substantive experience to
carry out the program; and
‘‘(E) contain such additional assurances as
the Secretary may reasonably require.
‘‘PART C—READY-TO-LEARN TELEVISION
‘‘SEC. 10301. READY-TO-LEARN.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to or enter into contracts or cooperative
agreements with eligible entities described in section
10302(b) to develop, produce, and distribute educational
and instructional video programming for preschool and el-
ementary school children and their parents in order to fa-
cilitate the achievement of the National Education Goals.
373
‘‘(b) AVAILABILITY.—In making such grants, con-
tracts, or cooperative agreements, the Secretary shall en-
sure that recipients make programming widely available
with support materials as appropriate to young children,
their parents, child care workers, and Head Start pro-
viders to increase the effective use of such programming.
‘‘SEC. 10302. EDUCATIONAL PROGRAMMING.
‘‘(a) AWARDS.—The Secretary shall award grants,
contracts, or cooperative agreements to eligible entities
to—
‘‘(1) facilitate the development directly or
through contracts with producers of children and
family educational television programming, edu-
cational programming for preschool and elementary
school children, and accompanying support materials
and services that promote the effective use of such
programming; and
‘‘(2) enable such entities to contract with enti-
ties (such as public telecommunications entities and
those funded under the Star Schools Act) so that
programs developed under this section are dissemi-
nated and distributed to the widest possible audience
appropriate to be served by the programming by the
most appropriate distribution technologies.
374
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive
a grant, contract, or cooperative agreement under sub-
section (a), an entity shall be—
‘‘(1) a nonprofit entity (including a public tele-
communications entity) able to demonstrate a capac-
ity for the development and distribution of edu-
cational and instructional television programming of
high quality for preschool and elementary school
children; and
‘‘(2) able to demonstrate a capacity to contract
with the producers of children’s television program-
ming for the purpose of developing educational tele-
vision programming of high quality for preschool
and elementary school children.
‘‘(c) CULTURAL EXPERIENCES.—Programming de-
veloped under this section shall reflect the recognition of
diverse cultural experiences and the needs and experiences
of both boys and girls in engaging and preparing young
children for schooling.
‘‘SEC. 10303. DUTIES OF SECRETARY.
‘‘The Secretary is authorized—
‘‘(1) to establish and administer a Special
Projects of National Significance program to award
grants, contracts, or cooperative agreements to pub-
lic and nonprofit private entities, or local public tele-
375
vision stations or such public television stations that
are part of a consortium with one or more State
educational agencies, local educational agencies, local
schools, institutions of higher education, or commu-
nity-based organizations of demonstrated effective-
ness, for the purpose of—
‘‘(A) addressing the learning needs of
young children in limited English proficient
households, and developing appropriate edu-
cational and instructional television program-
ming to foster the school readiness of such chil-
dren;
‘‘(B) developing programming and support
materials to increase family literacy skills
among parents to assist parents in teaching
their children and utilizing educational tele-
vision programming to promote school readi-
ness; and
‘‘(C) identifying, supporting, and enhanc-
ing the effective use and outreach of innovative
programs that promote school readiness;
‘‘(2) to establish within the Department a clear-
inghouse to compile and provide information, refer-
rals and model program materials and programming
obtained or developed under this part to parents,
376
child care providers, and other appropriate individ-
uals or entities to assist such individuals and entities
in accessing programs and projects under this part;
and
‘‘(3) to develop and disseminate training mate-
rials, including—
‘‘(A) interactive programs and programs
adaptable to distance learning technologies that
are designed to enhance knowledge of children’s
social and cognitive skill development and posi-
tive adult-child interactions; and
‘‘(B) support materials to promote the ef-
fective use of materials developed under para-
graph (2);
among parents, Head Start providers, in-home and
center based day care providers, early childhood de-
velopment personnel, and elementary school teach-
ers, public libraries, and after school program per-
sonnel caring for preschool and elementary school
children;
‘‘(4) coordinate activities with the Secretary of
Health and Human Services in order to—
‘‘(A) maximize the utilization of quality
educational programming by preschool and ele-
mentary school children, and make such pro-
377
gramming widely available to federally funded
programs serving such populations; and
‘‘(B) provide information to recipients of
funds under Federal programs that have major
training components for early childhood devel-
opment, including Head Start, Even Start, and
State training activities funded under the Child
Care Development Block Grant Act of 1990 re-
garding the availability and utilization of mate-
rials developed under paragraph (3) to enhance
parent and child care provider skills in early
childhood development and education.
‘‘SEC. 10304. APPLICATIONS.
‘‘Each eligible entity desiring a grant, contract, or co-
operative agreement under section 10301 or 10303 shall
submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require.
‘‘SEC. 10305. REPORTS AND EVALUATION.
‘‘(a) ANNUAL REPORT TO SECRETARY.—An entity
receiving funds under section 10301 shall prepare and
submit to the Secretary an annual report which contains
such information as the Secretary may require. At a min-
imum, the report shall describe the program activities un-
378
dertaken with funds received under this section,
including—
‘‘(1) the programming that has been developed
directly or indirectly by the entity, and the target
population of the programs developed;
‘‘(2) the support materials that have been de-
veloped to accompany the programming, and the
method by which such materials are distributed to
consumers and users of the programming;
‘‘(3) the means by which programming devel-
oped under this section has been distributed, includ-
ing the distance learning technologies that have been
utilized to make programming available and the geo-
graphic distribution achieved through such tech-
nologies; and
‘‘(4) the initiatives undertaken by the entity to
develop public-private partnerships to secure non-
Federal support for the development and distribu-
tion and broadcast of educational and instructional
programming.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall
prepare and submit to the relevant committees of Con-
gress a biannual report which includes—
‘‘(1) a summary of the information made avail-
able under section 10302(a); and
379
‘‘(2) a description of the training materials
made available under section 10303(3), the manner
in which outreach has been conducted to inform par-
ents and child care providers of the availability of
such materials, and the manner in which such mate-
rials have been distributed in accordance with such
section.
‘‘SEC. 10306. ADMINISTRATIVE COSTS.
‘‘With respect to the implementation of section
10302, entities receiving a grant, contract, or cooperative
agreement from the Secretary may use not more than 5
percent of the amounts received under such section for
the normal and customary expenses of administering the
grant, contract, or cooperative agreement.
‘‘SEC. 10307. DEFINITION.
‘‘For the purposes of this part, the term ‘distance
learning’ means the transmission of educational or in-
structional programming to geographically dispersed indi-
viduals and groups via telecommunications.
‘‘SEC. 10308. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this part, $30,000,000 for fiscal
year 2001, and such sums as may be necessary for each
of the four succeeding fiscal years. Not less than 60 per-
cent of the amounts appropriated under this subsection
380
for each fiscal year shall be used to carry out section
10302.
‘‘(b) SPECIAL PROJECTS.—Of the amount appro-
priated under subsection (b) for each fiscal year, at least
10 percent of such amount shall be used for each such
fiscal year for activities under section 10303(1)(C).
‘‘PART D—TELECOMMUNICATIONS
DEMONSTRATION PROJECT FOR MATHEMATICS
‘‘SEC. 10401. PROJECT AUTHORIZED.
‘‘The Secretary is authorized to make grants to a
nonprofit telecommunications entity, or partnership of
such entities, for the purpose of carrying out a national
telecommunications-based demonstration project to im-
prove the teaching of mathematics. The demonstration
project authorized by this part shall be designed to assist
elementary and secondary school teachers in preparing all
students for achieving State content standards.
‘‘SEC. 10402. APPLICATION REQUIRED.
‘‘(a) IN GENERAL.—Each nonprofit telecommuni-
cations entity, or partnership of such entities, desiring a
grant under this part shall submit an application to the
Secretary. Each such application shall—
‘‘(1) demonstrate that the applicant will use the
existing publicly funded telecommunications infra-
structure to deliver video, voice and data in an inte-
381
grated service to train teachers in the use of new
standards-based curricula materials and learning
technologies;
‘‘(2) assure that the project for which assist-
ance is sought will be conducted in cooperation with
appropriate State educational agencies, local edu-
cational agencies, State or local nonprofit public
telecommunications 
entities, 
and 
a 
national
mathematics education professional association that
has developed content standards;
‘‘(3) assure that a significant portion of the
benefits available for elementary and secondary
schools from the project for which assistance is
sought will be available to schools of local edu-
cational agencies which have a high percentage of
children counted for the purpose of part A of title
I; and
‘‘(4) contain such additional assurances as the
Secretary may reasonably require.
‘‘(b) APPROVAL
OF APPLICATIONS; NUMBER
OF
DEMONSTRATION
SITES.—In 
approving 
applications
under this section, the Secretary shall assure that the
demonstration project authorized by this part is conducted
at elementary and secondary school sites in at least 15
States.
382
‘‘SEC. 10403. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part, $5,000,000 for the fiscal year 2001, and such
sums as may be necessary for each of the four succeeding
fiscal years.
‘‘PART E—ELEMENTARY MATHEMATICS AND
SCIENCE EQUIPMENT PROGRAM
‘‘SEC. 10501. SHORT TITLE.
‘‘This part may be cited as the ‘Elementary Mathe-
matics and Science Equipment Act’.
‘‘SEC. 10502. STATEMENT OF PURPOSE.
‘‘It is the purpose of this part to raise the quality
of instruction in mathematics and science in the Nation’s
elementary schools by providing equipment and materials
necessary for hands-on instruction through assistance to
State and local educational agencies.
‘‘SEC. 10503. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized to make allotments to
State educational agencies under section 10504 to enable
such agencies to award grants to local educational agen-
cies for the purpose of providing equipment and materials
to elementary schools to improve mathematics and science
education in such schools.
383
‘‘SEC. 10504. ALLOTMENTS OF FUNDS.
‘‘(a) IN GENERAL.—From the amount appropriated
under section 10509 for any fiscal year, the Secretary
shall reserve—
‘‘(1) not more than one-half of 1 percent for al-
lotment among Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands accord-
ing to their respective needs for assistance under
this part; and
‘‘(2) one-half of 1 percent for programs for In-
dian students served by schools funded by the Sec-
retary of the Interior which are consistent with the
purposes of this part.
‘‘(b) ALLOTMENT.—
‘‘(1) IN
GENERAL.—The remainder of the
amount so appropriated (after meeting requirements
in subsection (a)) shall be allotted among State edu-
cational agencies so that—
‘‘(A) one-half of such remainder shall be
distributed by allotting to each State edu-
cational agency an amount which bears the
same ratio to such one-half of such remainder
as the number of children aged 5 to 17, inclu-
sive, in the State bears to the number of such
children in all States; and
384
‘‘(B) one-half of such remainder shall be
distributed according to each State’s share of
allocations under part A of title I.
‘‘(2) MINIMUM.—Except as provided in para-
graph (3), no State educational agency shall receive
an allotment under this subsection for any fiscal
year in an amount that is—
‘‘(A) less than one-half of 1 percent of the
amount made available under this subsection
for such fiscal year; or
‘‘(B) less than the amount allotted to such
State for fiscal year 1988 under title II of the
Education for Economic Security Act.
‘‘(3) RATABLE REDUCTIONS.—(A) If the sums
made available under this part for any fiscal year
are insufficient to pay the full amounts that all
State educational agencies are eligible to receive
under paragraph (2)(B) for such year, the Secretary
shall ratably reduce the allotment to such agencies
for such year.
‘‘(B) If additional funds become available for
making payments under paragraph (2)(B) for such
fiscal year, allotments that were reduced under sub-
paragraph (A) shall be increased on the same basis
as such allotments were reduced.
385
‘‘(c) REALLOTMENT
OF
UNUSED
FUNDS.—The
amount of any State educational agency’s allotment under
subsection (b) for any fiscal year to carry out this part
which the Secretary determines will not be required for
that fiscal year to carry out this part shall be available
for reallotment from time to time, on such dates during
that year as the Secretary may determine, to other State
educational agencies in proportion to the original allot-
ments to those State educational agencies under sub-
section (b) for that year but with such proportionate
amount for any of those other State educational agencies
being reduced to the extent it exceeds the sum the Sec-
retary estimates that the State educational agency needs
and will be able to use for that year, and the total of those
reductions shall be similarly reallotted among the State
educational agencies whose proportionate amounts were
not so reduced. Any amounts reallotted to a State edu-
cational agency under this subsection during a year shall
be deemed a part of the State educational agency’s allot-
ment under subsection (b) for that year.
‘‘(d) DEFINITION.—For the purposes of this part the
term ‘State’ means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
‘‘(e) DATA.—The number of children aged 5 to 17,
inclusive, in the State and in all States shall be determined
386
by the Secretary on the basis of the most recent satisfac-
tory data available to the Secretary.
‘‘SEC. 10505. STATE APPLICATION.
‘‘(a) APPLICATION.—Each State educational agency
desiring to receive an allotment under this part shall file
an application with the Secretary which covers a period
of 5 fiscal years. Such application shall be filed at such
time, in such manner, and containing or accompanied by
such information as the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Each application
described in subsection (a) shall—
‘‘(1) provide assurances that—
‘‘(A) the State educational agency shall use
the allotment provided under this part to award
grants to local educational agencies within the
State to enable such local educational agencies
to provide assistance to schools served by such
agency to carry out the purpose of this part;
‘‘(B) the State educational agency will pro-
vide such fiscal control and funds accounting as
the Secretary may require;
‘‘(C) every public elementary school in the
State is eligible to receive assistance under this
part once over the 5-year duration of the pro-
gram assisted under this part;
387
‘‘(D) funds provided under this part will
supplement, not supplant, State and local funds
made available for activities authorized under
this part;
‘‘(E) during the 5-year period described in
the application, the State educational agency
will evaluate its standards and programs for
teacher preparation and inservice professional
development for elementary mathematics and
science;
‘‘(F) the State educational agency will take
into account the needs for greater access to and
participation in mathematics and science by
students and teachers from historically under-
represented 
groups, 
including 
females,
minorities, individuals with limited English pro-
ficiency, the economically disadvantaged, and
individuals with disabilities; and
‘‘(G) that the needs of teachers and stu-
dents in areas with high concentrations of low-
income students and sparsely populated areas
will be given priority in awarding assistance
under this part;
‘‘(2) provide, if appropriate, a description of
how funds paid under this part will be coordinated
388
with State and local funds and other Federal re-
sources, particularly with respect to programs for
the professional development and inservice training
of elementary school teachers in science and mathe-
matics; and
‘‘(3) describe procedures—
‘‘(A) for submitting applications for pro-
grams described in section 10506 for distribu-
tion of assistance under this part within the
State; and
‘‘(B) for approval of applications by the
State educational agency, including appropriate
procedures to assure that such agency will not
disapprove an application without notice and
opportunity for a hearing.
‘‘(c) STATE ADMINISTRATION.—Not more than 5
percent of the funds allotted to each State educational
agency under this part shall be used for the administrative
costs of such agency associated with carrying out the pro-
gram assisted under this part.
‘‘SEC. 10506. LOCAL APPLICATION.
‘‘(a) APPLICATION.—A local educational agency that
desires to receive a grant under this part shall submit an
application to the State educational agency. Each such ap-
plication shall contain assurances that each school served
389
by the local educational agency shall be eligible for assist-
ance under this part only once.
‘‘(b) CONTENTS OF APPLICATION.—Each application
described in subsection (a) shall—
‘‘(1) describe how the local educational agency
plans to set priorities on the use and distribution
among schools of grant funds received under this
part to meet the purpose of this part;
‘‘(2) include assurances that the local edu-
cational agency has made every effort to match on
a dollar-for-dollar basis from private or public
sources the funds received under this part, except
that no such application shall be penalized or denied
assistance under this part based on failure to pro-
vide such matching funds;
‘‘(3) describe, if applicable, how funds under
this part will be coordinated with State, local, and
other Federal resources, especially with respect to
programs for the professional development and in-
service training of elementary school teachers in
science and mathematics; and
‘‘(4) describe the process which will be used to
determine different levels of assistance to be award-
ed to schools with different needs.
390
‘‘(c) PRIORITY.—In awarding grants under this part,
the State educational agency shall give priority to applica-
tions that—
‘‘(1) assign highest priority to providing assist-
ance to schools which—
‘‘(A) are most seriously underequipped; or
‘‘(B) serve large numbers or percentages of
economically disadvantaged students;
‘‘(2) are attentive to the needs of underrep-
resented groups in science and mathematics;
‘‘(3) demonstrate how science and mathematics
equipment will be part of a comprehensive plan of
curriculum planning or implementation and teacher
training supporting hands-on laboratory activities;
and
‘‘(4) assign priority to providing equipment and
materials for students in grades 1 through 6.
‘‘SEC. 10507. PROGRAM REQUIREMENTS.
‘‘(a) COORDINATION.—Each State educational agen-
cy receiving an allotment under this part shall—
‘‘(1) disseminate information to school districts
and schools, including private nonprofit elementary
schools, regarding the program assisted under this
part;
391
‘‘(2) evaluate applications of local educational
agencies;
‘‘(3) award grants to local educational agencies
based on the priorities described in section 10506(c);
and
‘‘(4) evaluate local educational agencies’ end-of-
year summaries and submit such evaluation to the
Secretary.
‘‘(b) LIMITATIONS ON USE OF FUNDS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), grant funds and matching funds under
this part only shall be used to purchase science
equipment, science materials, or mathematical ma-
nipulative materials and shall not be used for com-
puters, computer peripherals, software, textbooks, or
staff development costs.
‘‘(2) CAPITAL
IMPROVEMENTS.—Grant funds
under this part may not be used for capital improve-
ments. Not more than 50 percent of any matching
funds provided by the local educational agency may
be used for capital improvements of classroom
science facilities to support the hands-on instruction
that this part is intended to support, such as the in-
stallation of electrical outlets, plumbing, lab tables
or counters, or ventilation mechanisms.
392
‘‘SEC. 10508. FEDERAL ADMINISTRATION.
‘‘(a) TECHNICAL
ASSISTANCE
AND
EVALUATION
PROCEDURES.—The Secretary shall provide technical as-
sistance and, in consultation with State and local rep-
resentatives of the program assisted under this part, shall
develop procedures for State and local evaluations of the
programs assisted under this part.
‘‘(b) REPORT.—The Secretary shall report to the
Congress each year on the program assisted under this
part in accordance with section 10701.
‘‘SEC. 10509. AUTHORIZATION OF APPROPRIATIONS.
‘‘There 
are 
authorized 
to 
be 
appropriated
$30,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the four succeeding fiscal years,
to carry out this part.’’.
TITLE X—SAFE AND DRUG-FREE
SCHOOLS AND COMMUNITIES
SEC. 1001. SAFE AND DRUG-FREE SCHOOLS AND COMMU-
NITIES.
Title XI (20 U.S.C. 8401 et seq.) is amended to read
as follows:
393
‘‘TITLE 
XI—SAFE 
AND 
DRUG-
FREE SCHOOLS AND COMMU-
NITIES
‘‘SEC. 11001. SHORT TITLE.
‘‘This title may be cited as the ‘Safe and Drug-Free
Schools and Communities Act of 2000’.
‘‘SEC. 11002. FINDINGS.
‘‘The Congress finds as follows:
‘‘(1) The seventh National Education Goal pro-
vides that by the year 2000, all schools in America
will be free of drugs and violence and the unauthor-
ized presence of firearms and alcohol, and offer a
disciplined environment that is conducive to learn-
ing.
‘‘(2) The widespread illegal use of alcohol and
other drugs among the Nation’s secondary school
students, and increasingly by students in elementary
schools as well, constitutes a grave threat to such
students’ physical and mental well-being, and signifi-
cantly impedes the learning process. For example,
data show that students who drink tend to receive
lower grades and are more likely to miss school be-
cause of illness than students who do not drink.
‘‘(3) Our Nation’s schools and communities are
increasingly plagued by violence and crime. Approxi-
394
mately 3,000,000 thefts and violent crimes occur in
or near our Nation’s schools every year, the equiva-
lent of more than 16,000 incidents per school day.
‘‘(4) Violence that is linked to prejudice and in-
tolerance victimizes entire communities leading to
more violence and discrimination.
‘‘(5) The tragic consequences of violence and
the illegal use of alcohol and drugs by students are
felt not only by students and such students’ families,
but by such students’ communities and the Nation,
which can ill afford to lose such students’ skills, tal-
ents, and vitality.
‘‘(6) While use of illegal drugs is a serious
problem among a minority of teenagers, alcohol use
is far more widespread. The proportion of high
school students using alcohol, though lower than a
decade ago, remains unacceptably high. By the 8th
grade, 70 percent of youth report having tried alco-
hol and by the 12th grade, about 88 percent have
used alcohol. Alcohol use by young people can and
does have adverse consequences for users, their fam-
ilies, communities, schools, and colleges.
‘‘(7) Alcohol and tobacco are widely used by
young people. Such use can, and does, have adverse
consequences for young people, their families, com-
395
munities, schools, and colleges. Drug prevention pro-
grams for youth that address only controlled drugs
send an erroneous message that alcohol and tobacco
do not present significant problems, or that society
is willing to overlook their use. To be credible, mes-
sages opposing illegal drug use by youth should ad-
dress alcohol and tobacco as well.
‘‘(8) Every day approximately 3,000 children
start smoking. Thirty percent of all secondary school
seniors are smokers. Half of all new smokers begin
smoking before the age of 14, 90 percent of such
smokers begin before the age of 21, and the average
age of the first use of smokeless tobacco is under the
age of 10. Use of tobacco products has been linked
to serious health problems. Drug education and pre-
vention programs that include tobacco have been ef-
fective in reducing teenage use of tobacco.
‘‘(9) Drug and violence prevention programs
are essential components of a comprehensive strat-
egy to promote school safety and to reduce the de-
mand for and use of drugs throughout the Nation.
Schools and local organizations in communities
throughout the Nation have a special responsibility
to work together to combat the growing epidemic of
violence and illegal drug use and should measure the
396
success of their programs against clearly defined
goals and objectives.
‘‘(10) Students must take greater responsibility
for their own well-being, health, and safety if schools
and communities are to achieve the goals of pro-
viding a safe, disciplined, and drug-free learning en-
vironment.
‘‘SEC. 11003. PURPOSE.
‘‘The purpose of this title is to support programs to
meet the seventh National Education Goal by preventing
violence in and around schools and by strengthening pro-
grams that prevent the illegal use of alcohol, tobacco, and
drugs, involve parents, and are coordinated with related
Federal, State, and community efforts and resources,
through the provision of Federal assistance to—
‘‘(1) States for grants to local educational agen-
cies and educational service agencies and consortia
of such agencies to establish, operate, and improve
local programs of school drug and violence preven-
tion, early intervention, rehabilitation referral, and
education in elementary and secondary schools (in-
cluding intermediate and junior high schools);
‘‘(2) States for grants to, and contracts with,
community-based organizations and other public and
private nonprofit agencies and organizations for pro-
397
grams of drug and violence prevention, early inter-
vention, rehabilitation referral, and education;
‘‘(3) States for development, training, technical
assistance, and coordination activities;
‘‘(4) public and private nonprofit organizations
to conduct training, demonstrations, and evaluation,
and to provide supplementary services for the pre-
vention of drug use and violence among students
and youth; and
‘‘(5) institutions of higher education to estab-
lish, operate, expand, and improve programs of
school drug and violence prevention, education, and
rehabilitation referral for students enrolled in col-
leges and universities.
‘‘SEC. 11004. FUNDING.
‘‘There are authorized to be appropriated—
‘‘(1) $630,000,000 for fiscal year 2001, and
such sums as may be necessary for each of the four
succeeding fiscal years, for State grants under sub-
part 1; and
‘‘(2) $25,000,000 for fiscal year 2001, and such
sums as may be necessary for each of the four suc-
ceeding fiscal years, for national programs under
subpart 2.
398
‘‘PART A—STATE GRANTS FOR DRUG AND
VIOLENCE PREVENTION PROGRAMS
‘‘Subpart 1—State Grants for Drug and Violence
Prevention Programs
‘‘SEC. 11011. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—From the amount made avail-
able under section 11004(a) to carry out this subpart for
each fiscal year, the Secretary—
‘‘(1) shall reserve 1 percent of such amount for
grants under this subpart to Guam, American
Samoa, the Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, to be allotted in
accordance with the Secretary’s determination of
their respective needs;
‘‘(2) shall reserve 1 percent of such amount for
the Secretary of the Interior to carry out programs
under this part for Indian youth;
‘‘(3) may reserve not more than $1,000,000 for
the national impact evaluation required by section
11117(a); and
‘‘(4) shall reserve 0.2 percent of such amount
for programs for Native Hawaiians under section
11118.
‘‘(b) STATE ALLOTMENTS.—
399
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall, for each fiscal year,
allocate among the States—
‘‘(A) one-half of the remainder not re-
served under subsection (a) according to the
ratio between the school-aged population of
each State and the school-aged population of all
the States; and
‘‘(B) one-half of such remainder according
to the ratio between the amount each State re-
ceived under part A of title I for the preceding
year and the sum of such amounts received by
all the States.
‘‘(2) MINIMUM.—For any fiscal year, no State
shall be allotted under this subsection an amount
that is less than one-half of 1 percent of the total
amount allotted to all the States under this sub-
section.
‘‘(3) 
REALLOTMENT.—The 
Secretary 
may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within two years of such allotment.
Such reallotments shall be made on the same basis
as allotments are made under paragraph (1).
400
‘‘(4) DEFINITIONS.—For the purpose of this
subsection—
‘‘(A) the term ‘State’ means each of the 50
States, the District of Columbia, and the Com-
monwealth of Puerto Rico; and
‘‘(B) the term ‘local educational agency’
includes educational service agencies and con-
sortia of such agencies.
‘‘SEC. 11112. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—In order to receive an allotment
under section 11111 for any fiscal year, a State shall sub-
mit to the Secretary, at such time as the Secretary may
require, an application that—
‘‘(1) describes how funds under this subpart
will be coordinated with programs under this Act,
the Goals 2000: Educate America Act, and other
Acts, as appropriate, in accordance with the provi-
sions of section 14306;
‘‘(2) contains the results of the State’s needs
assessment for drug and violence prevention pro-
grams, which shall be based on the results of on-
going State evaluation activities, including data on
the prevalence of drug use and violence by youth in
schools and communities;
401
‘‘(3) contains assurances that the sections of
the application concerning the funds provided to the
chief executive officer and the State educational
agency were developed separately by such officer or
agency, respectively, but in consultation and coordi-
nation with appropriate State officials and others,
including the chief State school officer, the chief ex-
ecutive officer, the head of the State alcohol and
drug abuse agency, the heads of the State health
and mental health agencies, the head of the State
criminal justice planning agency, the head of the
State child welfare agency, the head of the State
board of education, or their designees, and rep-
resentatives of parents, students, and community-
based organizations;
‘‘(4) contains an assurance that the State will
cooperate with, and assist, the Secretary in con-
ducting a national impact evaluation of programs re-
quired by section 11117(a); and
‘‘(5) includes any other information the Sec-
retary may require.
‘‘(b) STATE
EDUCATIONAL
AGENCY
FUNDS.—A
State’s application under this section shall also contain a
comprehensive plan for the use of funds under section
11113(a) by the State educational agency that includes—
402
‘‘(1) a statement of the State educational agen-
cy’s measurable goals and objectives for drug and vi-
olence prevention and a description of the proce-
dures such agency will use for assessing and publicly
reporting progress toward meeting those goals and
objectives;
‘‘(2) a plan for monitoring the implementation
of, and providing technical assistance regarding, the
drug and violence prevention programs conducted by
local educational agencies in accordance with section
11116;
‘‘(3) a description of how the State educational
agency will use funds under section 11113(b);
‘‘(4) a description of how the State educational
agency will coordinate such agency’s activities under
this subpart with the chief executive officer’s drug
and violence prevention programs under this subpart
and with the prevention efforts of other State agen-
cies;
‘‘(5) an explanation of the criteria the State
educational agency will use to identify which local
educational agencies receive supplemental funds
under section 11113(d)(2)(A)(ii) and how the sup-
plemental funds will be allocated among such local
educational agencies; and
404
such as school dropouts and youth in detention cen-
ters;
‘‘(4) a description of how the chief executive of-
ficer will award funds under section 11114(a) and a
plan for monitoring the performance of, and pro-
viding technical assistance to, recipients of such
funds;
‘‘(5) a description of the special outreach activi-
ties that will be carried out to maximize the partici-
pation of community-based organizations of dem-
onstrated effectiveness which provide services in low-
income communities; and
‘‘(6) a description of how funds will be used to
support community-wide comprehensive drug and vi-
olence prevention planning.
‘‘(d) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing State applications under this
section.
‘‘(e) INTERIM APPLICATION.—Notwithstanding any
other provisions of this section, a State may submit for
fiscal year 2001 a one-year interim application and plan
for the use of funds under this subpart that are consistent
with the requirements of this section and contain such in-
formation as the Secretary may specify in regulations. The
purpose of such interim application and plan shall be to
405
afford the State the opportunity to fully develop and re-
view such State’s application and comprehensive plan oth-
erwise required by this section. A State may not receive
a grant under this subpart for a fiscal year subsequent
to fiscal year 2001 unless the Secretary has approved such
State’s application and comprehensive plan in accordance
with this subpart.
‘‘SEC. 11113. STATE AND LOCAL EDUCATIONAL AGENCY
PROGRAMS.
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an amount equal to 80 percent of the
total amount allocated to a State under section
11111 for each fiscal year shall be used by the State
educational agency and its local educational agencies
for drug and violence prevention activities in accord-
ance with this section.
‘‘(2) EXCEPTION.—(A) If a State has, on or be-
fore January 1, 2001, established an independent
State agency for the purpose of administering all of
the funds described in section 5121 of this Act (as
such section was in effect on the day preceding the
date of the enactment of the Improving America’s
Schools Act of 1994), then—
406
‘‘(i) an amount equal to 80 percent of the
total amount allocated to such State under sec-
tion 11111 for each fiscal year shall be used by
the State educational agency and its local edu-
cational agencies for drug and violence preven-
tion activities in accordance with this section;
and
‘‘(ii) an amount equal to 20 percent of
such total amount shall be used by such inde-
pendent State agency for drug and violence pre-
vention activities in accordance with this sec-
tion.
‘‘(B) Not more than 5 percent of the amount
reserved under subparagraph (A)(ii) may be used for
administrative costs of the independent State agency
incurred in carrying out the activities described in
such subparagraph.
‘‘(C) For purposes of this paragraph, the term
‘independent State agency’ means an independent
agency with a board of directors or a cabinet level
agency whose chief executive officer is appointed by
the chief executive officer of the State and confirmed
with the advice and consent of the senate of such
State.
‘‘(b) STATE LEVEL PROGRAMS.—
407
‘‘(1) IN GENERAL.—A State educational agency
shall use not more than 5 percent of the amount
available under subsection (a) for activities such
as—
‘‘(A) training and technical assistance con-
cerning drug and violence prevention for local
educational agencies and educational service
agencies, including teachers, administrators,
coaches and athletic directors, other staff, par-
ents, students, community leaders, health serv-
ice providers, local law enforcement officials,
and judicial officials;
‘‘(B) the development, identification, dis-
semination, and evaluation of the most readily
available, accurate, and up-to-date curriculum
materials (including videotapes, software, and
other technology-based learning resources), for
consideration by local educational agencies;
‘‘(C) making available to local educational
agencies cost effective programs for youth vio-
lence and drug abuse prevention;
‘‘(D) demonstration projects in drug and
violence prevention;
408
‘‘(E) training, technical assistance, and
demonstration projects to address violence asso-
ciated with prejudice and intolerance;
‘‘(F) financial assistance to enhance re-
sources available for drug and violence preven-
tion in areas serving large numbers of economi-
cally disadvantaged children or sparsely popu-
lated areas, or to meet other special needs con-
sistent with the purposes of this subpart; and
‘‘(G) the evaluation of activities carried out
within the State under this part.
‘‘(2) SPECIAL
RULE.—A State educational
agency may carry out activities under this subsection
directly, or through grants or contracts.
‘‘(c) STATE ADMINISTRATION.—A State educational
agency may use not more than 4 percent of the amount
reserved under subsection (a) for the administrative costs
of carrying out its responsibilities under this part.
‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—
‘‘(1) IN GENERAL.—A State educational agency
shall distribute not less than 91 percent of the
amount made available under subsection (a) for each
fiscal year to local educational agencies in accord-
ance with this subsection.
409
‘‘(2) DISTRIBUTION.—(A) Of the amount dis-
tributed under paragraph (1), a State educational
agency shall distribute—
‘‘(i) 70 percent of such amount to local
educational agencies, based on the relative en-
rollments in public and private nonprofit ele-
mentary and secondary schools within the
boundaries of such agencies; and
‘‘(ii) 30 percent of such amount to local
educational agencies that the State educational
agency determines have the greatest need for
additional funds to carry out drug and violence
prevention programs authorized by this subpart.
‘‘(B) Where appropriate and to the extent con-
sistent with the needs assessment conducted by the
State, not less than 25 percent of the amount dis-
tributed under subparagraph (A)(ii) for a fiscal year
shall be distributed to local educational agencies lo-
cated in rural and urban areas.
‘‘(C)(i) A State educational agency shall dis-
tribute funds under subparagraph (A)(ii) to not
more than 10 percent of the local educational agen-
cies in the State, or five such agencies, whichever is
greater.
410
‘‘(ii) In determining which local educational
agencies have the greatest need for additional funds,
the State educational agency shall consider objective
data such as—
‘‘(I) high rates of alcohol or drug use
among youth;
‘‘(II) high rates of victimization of youth
by violence and crime;
‘‘(III) high rates of arrests and convictions
of youth for violent or drug- or alcohol-related
crime;
‘‘(IV) the extent of illegal gang activity;
‘‘(V) high incidence of violence associated
with prejudice and intolerance;
‘‘(VI) high rates of referrals of youths to
drug and alcohol abuse treatment and rehabili-
tation programs;
‘‘(VII) high rates of referrals of youths to
juvenile court;
‘‘(VIII) high rates of expulsions and sus-
pensions of students from schools; and
‘‘(IX) high rates of reported cases of child
abuse and domestic violence.
‘‘(e) REALLOCATION
OF FUNDS.—If a local edu-
cational agency chooses not to apply to receive the amount
412
‘‘(A) an amount equal to not more than 25
percent of the allocation it receives under this
title for such fiscal year; or
‘‘(B) upon a demonstration of good cause
by such agency or consortium, a greater
amount approved by the State educational
agency.
‘‘SEC. 11114. GOVERNOR’S PROGRAMS.
‘‘(a) USE OF FUNDS.—
‘‘(1) IN
GENERAL.—An amount equal to 20
percent of the total amount allocated to a State
under section 11111(1) for each fiscal year shall be
used by the chief executive officer of such State for
drug and violence prevention programs and activities
in accordance with this section.
‘‘(2) LAW
ENFORCEMENT
EDUCATION
PART-
NERSHIPS.—A chief executive officer shall use not
less than 10 percent of the 20 percent of the total
amount described in paragraph (1) for each fiscal
year for law enforcement education partnerships in
accordance with subsection (d).
‘‘(3) ADMINISTRATIVE COSTS.—A chief execu-
tive officer may use not more than 5 percent of the
20 percent of the total amount described in para-
graph (1) for the administrative costs incurred in
413
carrying out the duties of such officer under this
section.
‘‘(b) PROGRAMS AUTHORIZED.—
‘‘(1) IN
GENERAL.—A chief executive officer
shall use funds made available under subsection
(a)(1) for grants to or contracts with parent groups,
community action and job training agencies, commu-
nity-based organizations, and other public entities
and private nonprofit organizations and consortia
thereof. In making such grants and contracts, a
chief executive officer shall give priority to programs
and activities described in subsection (c) for—
‘‘(A) children and youth who are not nor-
mally served by State or local educational agen-
cies; or
‘‘(B) populations that need special services
or additional resources (such as preschoolers,
youth in juvenile detention facilities, runaway
or homeless children and youth, pregnant and
parenting teenagers, and school dropouts).
‘‘(2) PEER
REVIEW.—Grants or contracts
awarded under this subsection shall be subject to a
peer review process.
414
‘‘(c) AUTHORIZED ACTIVITIES.—Grants and con-
tracts under subsection (b) shall be used for programs and
activities such as—
‘‘(1) disseminating information about drug and
violence prevention;
‘‘(2) training parents, law enforcement officials,
judicial officials, social service providers, health serv-
ice providers and community leaders about drug and
violence prevention, comprehensive health education,
early intervention, pupil services, or rehabilitation
referral;
‘‘(3) developing and implementing comprehen-
sive, community-based drug and violence prevention
programs that link community resources with
schools and integrate services involving education,
vocational and job skills training and placement, law
enforcement, health, mental health, community serv-
ice, mentoring, and other appropriate services;
‘‘(4) planning and implementing drug and vio-
lence prevention activities that coordinate the efforts
of State agencies with efforts of the State edu-
cational agency and its local educational agencies;
‘‘(5) activities to protect students traveling to
and from school;
415
‘‘(6) before-and-after school recreational, in-
structional, cultural, and artistic programs that en-
courage drug- and violence-free lifestyles;
‘‘(7) activities that promote the awareness of
and sensitivity to alternatives to violence through
courses of study that include related issues of intol-
erance and hatred in history;
‘‘(8) developing and implementing activities to
prevent and reduce violence associated with preju-
dice and intolerance;
‘‘(9) developing and implementing strategies to
prevent illegal gang activity;
‘‘(10) coordinating and conducting community-
wide violence and safety assessments and surveys;
‘‘(11) service-learning projects that encourage
drug- and violence-free lifestyles; and
‘‘(12) evaluating programs and activities as-
sisted under this section.
‘‘(d) LAW ENFORCEMENT EDUCATION PARTNER-
SHIPS.—A chief executive officer shall use funds under
subsection (a)(2) to award grants to State, county or local
law enforcement agencies (including district attorneys) in
consortium with local educational agencies or community-
based agencies for the purposes of carrying out drug abuse
and violence prevention activities, such as—
416
‘‘(1) Project Drug Abuse Resistance Education
and other programs which provide classroom instruc-
tion by uniformed law enforcement officials that is
designed to teach students to recognize and resist
pressures to experiment that influence such children
to use controlled substances or alcohol;
‘‘(2) Project Legal Lives and other programs in
which district attorneys provide classroom instruc-
tion in the law and legal system which emphasizes
interactive learning techniques, such as mock trial
competitions;
‘‘(3) partnerships between law enforcement and
child guidance professionals; and
‘‘(4) before- and after-school activities.
‘‘SEC. 11115. LOCAL APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—
‘‘(1) IN GENERAL.—In order to be eligible to
receive a distribution under section 11113(d) for any
fiscal year, a local educational agency shall submit,
at such time as the State educational agency re-
quires, an application to the State educational agen-
cy for approval. Such an application shall be amend-
ed, as necessary, to reflect changes in the local edu-
cational agency’s program.
417
‘‘(2) DEVELOPMENT.—(A) A local educational
agency shall develop its application under subsection
(a)(1) in consultation with a local or substate re-
gional advisory council that includes, to the extent
possible, representatives of local government, busi-
ness, parents, students, teachers, pupil services per-
sonnel, appropriate State agencies, private schools,
the medical profession, law enforcement, community-
based organizations, and other groups with interest
and expertise in drug and violence prevention.
‘‘(B) In addition to assisting the local edu-
cational agency to develop an application under this
section, the advisory council established or des-
ignated under subparagraph (A) shall, on an ongo-
ing basis—
‘‘(i) disseminate information about drug
and violence prevention programs, projects, and
activities conducted within the boundaries of
the local educational agency;
‘‘(ii) advise the local educational agency
regarding—
‘‘(I) how best to coordinate such agen-
cy’s activities under this subpart with
other related programs, projects, and ac-
tivities; and
418
‘‘(II) the agencies that administer
such programs, projects, and activities;
and
‘‘(iii) review program evaluations and other
relevant material and make recommendations to
the local educational agency on how to improve
such agency’s drug and violence prevention pro-
grams.
‘‘(b) CONTENTS OF APPLICATIONS.—An application
under this section shall contain—
‘‘(1) an objective analysis of the current use
(and consequences of such use) of alcohol, tobacco,
and controlled, illegal, addictive or harmful sub-
stances as well as the violence, safety, and discipline
problems among students who attend the schools of
the applicant (including private school students who
participate in the applicant’s drug and violence pre-
vention program) that is based on ongoing local as-
sessment or evaluation activities;
‘‘(2) a detailed explanation of the local edu-
cational agency’s comprehensive plan for drug and
violence prevention, which shall include a description
of—
‘‘(A) how the plan will be coordinated with
programs under this Act, the Goals 2000: Edu-
419
cate America Act, and other Acts, as appro-
priate, in accordance with the provisions of sec-
tion 14306;
‘‘(B) the local educational agency’s meas-
urable goals for drug and violence prevention,
and a description of how such agency will as-
sess and publicly report progress toward attain-
ing these goals;
‘‘(C) how the local educational agency will
use its distribution under this subpart;
‘‘(D) how the local educational agency will
coordinate such agency’s programs and projects
with community-wide efforts to achieve such
agency’s goals for drug and violence prevention;
and
‘‘(E) how the local educational agency will
coordinate such agency’s programs and projects
with other Federal, State, and local programs
for drug-abuse prevention, including health pro-
grams; and
‘‘(3) such other information and assurances as
the State educational agency may reasonably re-
quire.
‘‘(c) REVIEW OF APPLICATION.—
420
‘‘(1) IN GENERAL.—In reviewing local applica-
tions under this section, a State educational agency
shall use a peer review process or other methods of
assuring the quality of such applications.
‘‘(2) CONSIDERATIONS.—(A) In determining
whether to approve the application of a local edu-
cational agency under this section, a State edu-
cational agency shall consider the quality of the local
educational agency’s comprehensive plan under sub-
section (b)(2) and the extent to which such plan is
coordinated with programs under this Act, the Goals
2000: Educate America Act, in accordance with the
provisions of section 14306.
‘‘(B) A State educational agency may dis-
approve a local educational agency application under
this section in whole or in part and may withhold,
limit, or place restrictions on the use of funds allot-
ted to such a local educational agency in a manner
the State educational agency determines will best
promote the purposes of this part, except that a
local educational agency shall be afforded an oppor-
tunity to appeal any such disapproval.
421
‘‘SEC. 11116. LOCAL DRUG AND VIOLENCE PREVENTION
PROGRAMS.
‘‘(a) PROGRAM REQUIREMENTS.—A local educational
agency shall use funds received under this subpart to
adopt and carry out a comprehensive drug and violence
prevention program which shall—
‘‘(1) be designed, for all students and employ-
ees, to—
‘‘(A) prevent the use, possession, and dis-
tribution of tobacco, alcohol, and illegal drugs
by students and to prevent the illegal use, pos-
session, and distribution of such substances by
employees;
‘‘(B) prevent violence and promote school
safety; and
‘‘(C) create a disciplined environment con-
ducive to learning; and
‘‘(2) include activities to promote the involve-
ment of parents and coordination with community
groups and agencies, including the distribution of in-
formation about the local educational agency’s
needs, goals, and programs under this subpart.
‘‘(b) AUTHORIZED ACTIVITIES.—A comprehensive
drug and violence prevention program carried out under
this subpart may include—
422
‘‘(1) age-appropriate, developmentally based
drug prevention and education programs for all stu-
dents, from the preschool level through grade 12,
that address the legal, social, personal and health
consequences of the use of illegal drugs, promote a
sense of individual responsibility, and provide infor-
mation about effective techniques for resisting peer
pressure to use illegal drugs;
‘‘(2) programs of drug prevention, comprehen-
sive health education, early intervention, pupil serv-
ices, mentoring, or rehabilitation referral, which em-
phasize students’ sense of individual responsibility
and which may include—
‘‘(A) the dissemination of information
about drug prevention;
‘‘(B) the professional development of
school personnel, parents, students, law enforce-
ment officials, judicial officials, health service
providers and community leaders in prevention,
education, early intervention, pupil services or
rehabilitation referral; and
‘‘(C) the implementation of strategies, in-
cluding strategies to integrate the delivery of
services from a variety of providers, to combat
illegal alcohol, tobacco and drug use, such as—
423
‘‘(i) family counseling;
‘‘(ii) early intervention activities that
prevent family dysfunction, enhance school
performance, and boost attachment to
school and family; and
‘‘(iii) activities, such as community
service and service-learning projects, that
are designed to increase students’ sense of
community;
‘‘(3) age-appropriate, developmentally based vi-
olence prevention and education programs for all
students, from the preschool level through grade 12,
that address the legal, health, personal, and social
consequences of violent and disruptive behavior, in-
cluding sexual harassment and abuse, and victimiza-
tion associated with prejudice and intolerance, and
that include activities designed to help students de-
velop a sense of individual responsibility and respect
for the rights of others, and to resolve conflicts with-
out violence;
‘‘(4) violence prevention programs for school-
aged youth, which emphasize students’ sense of indi-
vidual responsibility and may include—
‘‘(A) the dissemination of information
about school safety and discipline;
424
‘‘(B) the professional development of
school personnel, parents, students, law enforce-
ment officials, judicial officials, and community
leaders in designing and implementing strate-
gies to prevent school violence;
‘‘(C) the implementation of strategies, such
as conflict resolution and peer mediation, stu-
dent outreach efforts against violence, anti-
crime youth councils (which work with school
and community-based organizations to discuss
and develop crime prevention strategies), and
the use of mentoring programs, to combat
school violence and other forms of disruptive
behavior, such as sexual harassment and abuse;
and
‘‘(D) the development and implementation
of character education programs, as a compo-
nent of a comprehensive drug or violence pre-
vention program, that are tailored by commu-
nities, parents and schools; and
‘‘(E) 
comprehensive, 
community-wide
strategies to prevent or reduce illegal gang ac-
tivities;
‘‘(5) supporting ‘‘safe zones of passage’’ for
students between home and school through such
425
measures as Drug- and Weapon-Free School Zones,
enhanced law enforcement, and neighborhood pa-
trols;
‘‘(6) acquiring and installing metal detectors
and hiring security personnel;
‘‘(7) professional development for teachers and
other staff and curricula that promote the awareness
of and sensitivity to alternatives to violence through
courses of study that include related issues of intol-
erance and hatred in history;
‘‘(8) the promotion of before-and-after school
recreational, instructional, cultural, and artistic pro-
grams in supervised community settings;
‘‘(9) drug abuse resistance education programs,
designed to teach students to recognize and resist
pressures to use alcohol or other drugs, which may
include activities such as classroom instruction by
uniformed law enforcement officers, resistance tech-
niques, resistance to peer pressure and gang pres-
sure, and provision for parental involvement; and
‘‘(10) the evaluation of any of the activities au-
thorized under this subsection.
‘‘(c) LIMITATIONS.—
‘‘(1) IN GENERAL.—Not more than 20 percent
of the funds made available to a local educational
426
agency under this subpart may be used to carry out
the activities described in paragraphs (5) and (6) of
subsection (b).
‘‘(2) SPECIAL RULE.—A local educational agen-
cy shall only be able to use funds received under this
subpart for activities described in paragraphs (5)
and (6) of subsection (b) if funding for such activi-
ties is not received from other Federal agencies.
‘‘SEC. 11117. EVALUATION AND REPORTING.
‘‘(a) NATIONAL IMPACT EVALUATION.—
‘‘(1) BIENNIAL
EVALUATION.—The Secretary,
in consultation with the Secretary of Health and
Human Services, the Director of the Office of Na-
tional Drug Control Policy, and the Attorney Gen-
eral, shall conduct an independent biennial evalua-
tion of the national impact of programs assisted
under this subpart and of other recent and new ini-
tiatives to combat violence in schools and submit a
report of the findings of such evaluation to the
President and the Congress.
‘‘(2) DATA
COLLECTION.—(A) The National
Center for Education Statistics shall collect data to
determine the frequency, seriousness, and incidence
of violence in elementary and secondary schools in
the States. The Secretary shall collect the data
427
using, wherever appropriate, data submitted by the
States pursuant to subsection (b)(2)(B).
‘‘(B) Not later than January 1, 2004, the Sec-
retary shall submit to the Congress a report on the
data collected under this subsection, together with
such recommendations as the Secretary determines
appropriate, including estimated costs for imple-
menting any recommendation.
‘‘(b) STATE REPORT.—
‘‘(1) IN GENERAL.—By October 1, 2003, and
every third year thereafter, the chief executive offi-
cer of the State, in cooperation with the State edu-
cational agency, shall submit to the Secretary a
report—
‘‘(A) on the implementation and outcomes
of State programs under section 11114 and sec-
tion 11113(b) and local educational agency pro-
grams under section 11113(d), as well as an as-
sessment of their effectiveness; and
‘‘(B) on the State’s progress toward at-
taining its goals for drug and violence preven-
tion under subsections (b)(1) and (c)(1) of sec-
tion 11112.
‘‘(2) SPECIAL RULE.—The report required by
this subsection shall be—
428
‘‘(A) in the form specified by the Sec-
retary;
‘‘(B) based on the State’s ongoing evalua-
tion activities, and shall include data on the
prevalence of drug use and violence by youth in
schools and communities; and
‘‘(C) made readily available to the public.
‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each
local educational agency receiving funds under this sub-
part shall submit to the State educational agency such in-
formation, and at such intervals, that the State requires
to complete the State report required by subsection (b),
including information on the prevalence of drug use and
violence by youth in the schools and the community. Such
information shall be made readily available to the public.
‘‘SEC. 11118. PROGRAMS FOR NATIVE HAWAIIANS.
‘‘(a) GENERAL AUTHORITY.—From the funds made
available pursuant to section 11111(a)(4) to carry out this
section, the Secretary shall make grants to or enter into
cooperative agreements or contracts with organizations
primarily serving and representing Native Hawaiians
which are recognized by the Governor of the State of Ha-
waii to plan, conduct, and administer programs, or por-
tions thereof, which are authorized by and consistent with
429
the provisions of this title for the benefit of Native Hawai-
ians.
‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the
purposes of this section, the term ‘Native Hawaiian’
means any individual any of whose ancestors were natives,
prior to 1778, of the area which now comprises the State
of Hawaii.
‘‘Subpart 2—National Programs
‘‘SEC. 11121. FEDERAL ACTIVITIES.
‘‘(a) PROGRAM AUTHORIZED.—From funds made
available to carry out this subpart under section 11004(2),
the Secretary, in consultation with the Secretary of Health
and Human Services, the Director of the Office of Na-
tional Drug Control Policy, the Chair of the Ounce of Pre-
vention Council, and the Attorney General, shall carry out
programs to prevent the illegal use of drugs and violence
among, and promote safety and discipline for, students at
all educational levels from preschool through the postsec-
ondary level. The Secretary shall carry out such programs
directly, or through grants, contracts, or cooperative
agreements with public and private nonprofit organiza-
tions and individuals, or through agreements with other
Federal agencies, and shall coordinate such programs with
other appropriate Federal activities. Such programs may
include—
431
‘‘(7) activities in communities designated as
empowerment zones or enterprise communities that
will connect schools to community-wide efforts to re-
duce drug and violence problems;
‘‘(8) developing and disseminating drug and vi-
olence prevention materials, including video-based
projects and model curricula;
‘‘(9) developing and implementing a comprehen-
sive violence prevention strategy for schools and
communities, that may include conflict resolution,
peer mediation, the teaching of law and legal con-
cepts, and other activities designed to stop violence;
‘‘(10) the implementation of innovative activi-
ties, such as community service projects, designed to
rebuild safe and healthy neighborhoods and increase
students’ sense of individual responsibility;
‘‘(11) grants to noncommercial telecommuni-
cations entities for the production and distribution
of national video-based projects that provide young
people with models for conflict resolution and re-
sponsible decisionmaking;
‘‘(12) the development of education and train-
ing programs, curricula, instructional materials, and
professional training and development for preventing
and reducing the incidence of crimes and conflicts
432
motivated by hate in localities most directly affected
by hate crimes; and
‘‘(13) other activities that meet unmet national
needs related to the purposes of this title.
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for funds under
this section.
‘‘SEC. 11123. HATE CRIME PREVENTION.
‘‘(a) GRANT AUTHORIZATION.—From funds made
available to carry out this subpart under section 11004(1)
the Secretary may make grants to local educational agen-
cies and community-based organizations for the purpose
of providing assistance to localities most directly affected
by hate crimes.
‘‘(b) USE OF FUNDS.—
‘‘(1) PROGRAM DEVELOPMENT.—Grants under
this section may be used to improve elementary and
secondary educational efforts, including—
‘‘(A) development of education and train-
ing programs designed to prevent and to reduce
the incidence of crimes and conflicts motivated
by hate;
‘‘(B) development of curricula for the pur-
pose of improving conflict or dispute resolution
skills of students, teachers, and administrators;
433
‘‘(C) development and acquisition of equip-
ment and instructional materials to meet the
needs of, or otherwise be part of, hate crime or
conflict programs; and
‘‘(D) professional training and develop-
ment for teachers and administrators on the
causes, effects, and resolutions of hate crimes
or hate-based conflicts.
‘‘(2) IN GENERAL.—In order to be eligible to
receive a grant under this section for any fiscal year,
a local educational agency, or a local educational
agency in conjunction with a community-based orga-
nization, shall submit an application to the Secretary
in such form and containing such information as the
office may reasonably require.
‘‘(3) REQUIREMENTS.—Each application under
paragraph (2) shall include—
‘‘(A) a request for funds for the purposes
described in this section;
‘‘(B) a description of the schools and com-
munities to be served by the grants; and
‘‘(C) assurances that Federal funds re-
ceived under this section shall be used to sup-
plement, not supplant, non-Federal funds.
434
‘‘(4) COMPREHENSIVE PLAN.—Each application
shall include a comprehensive plan that contains—
‘‘(A) a description of the hate crime or
conflict problems within the schools or the com-
munity targeted for assistance;
‘‘(B) a description of the program to be
developed or augmented by such Federal and
matching funds;
‘‘(C) assurances that such program or ac-
tivity shall be administered by or under the su-
pervision of the applicant;
‘‘(D) proper and efficient administration of
such program; and
‘‘(E) fiscal control and fund accounting
procedures as may be necessary to ensure pru-
dent use, proper disbursement, and accurate ac-
counting of funds received under this section.
‘‘(c) AWARD OF GRANTS.—
‘‘(1) SELECTION
OF
RECIPIENTS.—The Sec-
retary shall consider the incidence of crimes and
conflicts motivated by bias in the targeted schools
and communities in awarding grants under this
section.
‘‘(2) GEOGRAPHIC
DISTRIBUTION.—The Sec-
retary shall attempt, to the extent practicable, to
435
achieve an equitable geographic distribution of grant
awards.
‘‘(3) DISSEMINATION
OF
INFORMATION.—The
Secretary shall attempt, to the extent practicable, to
make available information regarding successful hate
crime prevention programs, including programs es-
tablished or expanded with grants under this section.
‘‘(d) REPORTS.—The Secretary shall submit to the
Congress a report every two years which shall contain a
detailed statement regarding grants and awards, activities
of grant recipients, and an evaluation of programs estab-
lished under this section.
‘‘Subpart 3—General Provisions
‘‘SEC. 11131. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) COMMUNITY-BASED ORGANIZATION.—The
term ‘community-based organization’ means a pri-
vate nonprofit organization which is representative
of a community or significant segments of a commu-
nity and which provides educational or related serv-
ices to individuals in the community.
‘‘(2) DRUG AND VIOLENCE PREVENTION.—The
term ‘drug and violence prevention’ means—
‘‘(A) with respect to drugs, prevention,
early intervention, rehabilitation referral, or
436
education related to the illegal use of alcohol
and the use of controlled, illegal, addictive, or
harmful substances, including inhalants and an-
abolic steroids;
‘‘(B) prevention, early intervention, smok-
ing cessation activities, or education, related to
the use of tobacco by children and youth eligible
for services under this title; and
‘‘(C) with respect to violence, the pro-
motion of school safety, such that students and
school personnel are free from violent and dis-
ruptive acts, including sexual harassment and
abuse, and victimization associated with preju-
dice and intolerance, on school premises, going
to and from school, and at school-sponsored ac-
tivities, through the creation and maintenance
of a school environment that is free of weapons
and fosters individual responsibility and respect
for the rights of others.
‘‘(3) HATE
CRIME.—The term ‘hate crime’
means a crime as described in section 1(b) of the
Hate Crime Statistics Act of 1990.
‘‘(4) NONPROFIT.—The term ‘nonprofit’, as ap-
plied to a school, agency, organization, or institution
means a school, agency, organization, or institution
437
owned and operated by one or more nonprofit cor-
porations or associations, no part of the net earnings
of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
‘‘(5) SCHOOL-AGED
POPULATION.—The term
‘school-aged population’ means the population aged
five through 17, as determined by the Secretary on
the basis of the most recent satisfactory data avail-
able from the Department of Commerce.
‘‘(6) SCHOOL PERSONNEL.—The term ‘school
personnel’ includes teachers, administrators, guid-
ance 
counselors, 
social 
workers, 
psychologists,
nurses, librarians, and other support staff who are
employed by a school or who perform services for the
school on a contractual basis.
‘‘SEC. 11132. MATERIALS.
‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre-
vention programs supported under this part shall convey
a clear and consistent message that the illegal use of alco-
hol and other drugs is wrong and harmful.
‘‘(b) CURRICULUM.—The Secretary shall not pre-
scribe the use of specific curricula for programs supported
under this part, but may evaluate the effectiveness of such
curricula and other strategies in drug and violence preven-
tion.
438
‘‘SEC. 11133. PROHIBITED USES OF FUNDS.
‘‘No funds under this part may be used for—
‘‘(1) construction (except for minor remodeling
needed to accomplish the purposes of this part); and
‘‘(2) medical services, drug treatment or reha-
bilitation, except for pupil services or referral to
treatment for students who are victims of or wit-
nesses to crime or who use alcohol, tobacco, or
drugs.
‘‘SEC. 11134. QUALITY RATING.
‘‘(a) IN GENERAL.—The chief executive officer of
each State, or in the case of a State in which the constitu-
tion or law of such State designates another individual,
entity, or agency in the State to be responsible for edu-
cation activities, such individual, entity, or agency, is au-
thorized and encouraged—
‘‘(1) to establish a standard of quality for drug,
alcohol, and tobacco prevention programs imple-
mented in public elementary schools and secondary
schools in the State in accordance with subsection
(b); and
‘‘(2) to identify and designate, upon application
by a public elementary school or secondary school,
any such school that achieves such standard as a
quality program school.
439
‘‘(b) CRITERIA.—The standard referred to in sub-
section (a) shall address, at a minimum—
‘‘(1) a comparison of the rate of illegal use of
drugs, alcohol, and tobacco by students enrolled in
the school for a period of time to be determined by
the chief executive officer of the State;
‘‘(2) the rate of suspensions or expulsions of
students enrolled in the school for drug, alcohol, or
tobacco-related offenses;
‘‘(3) the effectiveness of the drug, alcohol, or
tobacco prevention program as proven by research;
‘‘(4) the involvement of parents and community
members in the design of the drug, alcohol, and to-
bacco prevention program; and
‘‘(5) the extent of review of existing community
drug, alcohol, and tobacco prevention programs be-
fore implementation of the public school program.
‘‘(c) REQUEST
FOR QUALITY PROGRAM SCHOOL
DESIGNATION.—A school that wishes to receive a quality
program school designation shall submit a request and
documentation of compliance with this section to the chief
executive officer of the State or the individual, entity, or
agency described in subsection (a), as the case may be.
‘‘(d) PUBLIC NOTIFICATION.—Not less than once a
year, the chief executive officer of each State or the indi-
440
vidual, entity, or agency described in subsection (a), as
the case may be, shall make available to the public a list
of the names of each public school in the State that has
received a quality program school designation in accord-
ance with this section.’’.
TITLE XI—PROGRAMS OF
NATIONAL SIGNIFICANCE
SEC. 1101. PROGRAMS OF NATIONAL SIGNIFICANCE.
Title XII (20 U.S.C. 8501 et seq.) is amended to read
as follows:
‘‘TITLE XII—PROGRAMS OF
NATIONAL SIGNIFICANCE
‘‘PART A—FUND FOR THE IMPROVEMENT OF
EDUCATION
‘‘SEC. 12101. FUND FOR THE IMPROVEMENT OF EDU-
CATION.
‘‘(a) FUND AUTHORIZED.—From funds appropriated
under subsection (d), the Secretary is authorized to sup-
port nationally significant programs and projects to im-
prove the quality of education, assist all students to meet
challenging State content standards and challenging State
student performance standards, and contribute to achieve-
ment of the National Education Goals. The Secretary is
authorized to carry out such programs and projects di-
rectly or through grants to, or contracts with, State and
441
local educational agencies, institutions of higher edu-
cation, and other public and private agencies, organiza-
tions, and institutions.
‘‘(b) USES OF FUNDS.—
‘‘(1) IN GENERAL.—Funds under this section
may be used for—
‘‘(A) activities that will promote systemic
education reform at the State and local levels,
such as—
‘‘(i) research and development related
to challenging State content and chal-
lenging State student performance stand-
ards;
‘‘(ii) the development and evaluation
of model strategies for—
‘‘(I) assessment of student learn-
ing;
‘‘(II) professional development
for teachers and administrators;
‘‘(III) parent and community in-
volvement; and
‘‘(IV) other aspects of systemic
reform;
‘‘(iii) developing and evaluating strat-
egies for eliminating ability-grouping prac-
442
tices, and developing policies and programs
that place all students on a college-pre-
paratory path of study, particularly in aca-
demic fields such as mathematics, science,
English, and social studies, including com-
prehensive inservice programs for teachers
and pupil services personnel and academic
enrichment 
programs 
that 
supplement
regular courses for students;
‘‘(iv) developing and evaluating pro-
grams that directly involve parents and
family members in the academic progress
of their children;
‘‘(v) developing and evaluating strate-
gies for integrating instruction and assess-
ment such that teachers and administra-
tors can focus on what students should
know and be able to do at particular grade
levels, which instruction shall promote the
synthesis of knowledge, encourage the de-
velopment of problem-solving skills drawing
on a vast range of disciplines, and promote
the development of higher order thinking
by all students; and
443
‘‘(vi) developing and evaluating strate-
gies for supporting professional develop-
ment for teachers across all disciplines and
for pupil services personnel, guidance coun-
selors, and administrators, including in-
service training that improves the skills of
pupil services personnel, counselors and
administrators for working with students
from diverse populations;
‘‘(B) demonstrations at the State and local
levels that are designed to yield nationally sig-
nificant results, including approaches to public
school choice and school-based decisionmaking;
‘‘(C) joint activities with other agencies to
assist the effort to achieve the National Edu-
cation Goals, including activities related to im-
proving the transition from preschool to school
and from school to work, as well as activities
related to the integration of education and
health and social services;
‘‘(D) activities to promote and evaluate
counseling and mentoring for students, includ-
ing intergenerational mentoring;
‘‘(E) activities to promote and evaluate co-
ordinated pupil services programs;
444
‘‘(F) activities to promote comprehensive
health education;
‘‘(G) activities to promote environmental
education;
‘‘(H) activities to promote consumer, eco-
nomic, and personal finance education, such as
saving, investing, and entrepreneurial edu-
cation;
‘‘(I) activities to promote programs to as-
sist students to demonstrate competence in for-
eign languages;
‘‘(J) studies and evaluation of various edu-
cation reform strategies and innovations being
pursued by the Federal Government, States,
and local educational agencies;
‘‘(K) activities to promote metric edu-
cation;
‘‘(L) the identification and recognition of
exemplary schools and programs, such as Blue
Ribbon Schools;
‘‘(M) programs designed to promote gen-
der equity in education by evaluating and elimi-
nating gender bias in instruction and edu-
cational materials, identifying, and analyzing
gender inequities in educational practices, and
445
implementing and evaluating educational poli-
cies and practices designed to achieve gender
equity;
‘‘(N) programs designed to reduce exces-
sive student mobility, retain students who move
within a school district at the same school, edu-
cate parents about the effect of mobility on a
child’s education and encourage parents to par-
ticipate in school activities;
‘‘(O) experiential-based learning, such as
service-learning;
‘‘(P) the development and expansion of
public-private partnership programs which ex-
tend the learning experience, via computers, be-
yond the classroom environment into student
homes through such programs as the Buddy
System Computer Project;
‘‘(Q) other programs and projects that
meet the purposes of this section;
‘‘(R) activities to promote child abuse edu-
cation and prevention programs;
‘‘(S) activities to raise standards and ex-
pectations for academic achievement among all
students, especially disadvantaged students tra-
ditionally underserved in schools;
446
‘‘(T) activities to provide the academic
support, enrichment and motivation to enable
all students to reach such standards;
‘‘(U) demonstrations relating to the plan-
ning and evaluations of the effectiveness of
projects under which local educational agencies
or schools contract with private management
organizations to reform a school or schools;
‘‘(V) demonstrations that are designed to
test whether prenatal and counseling provided
to pregnant students may have a positive effect
on pregnancy outcomes, with such education
and counseling emphasizing the importance of
prenatal care, the value of sound diet and nutri-
tion habits, and the harmful effects of smoking,
alcohol, and substance abuse on fetal develop-
ment;
‘‘(W) programs under section 12102;
‘‘(X) programs under section 12103;
‘‘(Y) programs under section 12104; and
‘‘(Z) programs under section 12105;
‘‘(2) ADDITIONAL
USES.—The Secretary may
also use funds under this section to complete the
project periods for direct grants or contracts award-
ed under the provisions of this Act, the Fund for the
447
Improvement and Reform of Schools and Teaching
Act, or title III of the Education for Economic Secu-
rity Act, as such Acts were in effect on the day pre-
ceding the date of the enactment of the Improving
America’s Schools Act of 1994.
‘‘(3) SPECIAL RULE.—The Secretary shall not
make available more than $1,000,000 to carry out
paragraph (1)(R), nor more than $1,000,000 to
carry out paragraph (1)(V) during the period begin-
ning on October 1, 2001, through September 30,
2006.
‘‘(c) AWARDS.—
‘‘(1) IN GENERAL.—The Secretary may—
‘‘(A) make awards under this section on
the basis of competitions announced by the Sec-
retary; and
‘‘(B) support meritorious unsolicited pro-
posals.
‘‘(2) SPECIAL RULE.—The Secretary shall en-
sure that programs, projects, and activities sup-
ported under this section are designed so that the ef-
fectiveness of such programs, projects, and activities
is readily ascertainable.
‘‘(3) PEER REVIEW.—The Secretary shall use a
peer review process in reviewing applications for as-
448
sistance under this section and may use funds ap-
propriated under subsection (d) for the cost of such
peer review.
‘‘(d) AUTHORIZATION.—For the purpose of carrying
out this section, there are authorized to be appropriated
$50,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the four succeeding fiscal years.
‘‘SEC. 12102. ELEMENTARY SCHOOL COUNSELING DEM-
ONSTRATION.
‘‘(a) COUNSELING DEMONSTRATION.—
‘‘(1) IN GENERAL.—The Secretary may award
grants under this section to establish or expand ele-
mentary school counseling programs.
‘‘(2) PRIORITY.—In awarding grants under this
section, the Secretary shall give special consideration
to applications describing programs that—
‘‘(A) demonstrate the greatest need for
new or additional counseling services among the
children in the elementary schools served by the
applicant;
‘‘(B) propose the most promising and inno-
vative approaches for initiating or expanding el-
ementary school counseling; and
‘‘(C) show the greatest potential for rep-
lication and dissemination.
449
‘‘(3) EQUITABLE DISTRIBUTION.—In awarding
grants under this section, the Secretary shall ensure
an equitable geographic distribution among the re-
gions of the United States and among urban, subur-
ban, and rural areas.
‘‘(4) DURATION.—A grant under this section
shall be awarded for a period not to exceed three
years.
‘‘(5) MAXIMUM
GRANT.—A grant under this
section shall not exceed $400,000 for any fiscal year.
‘‘(b) APPLICATIONS.—
‘‘(1) IN
GENERAL.—Each local educational
agency desiring a grant under this section shall sub-
mit an application to the Secretary at such time, in
such manner, and accompanied by such information
as the Secretary may reasonably require.
‘‘(2) CONTENTS.—Each application for a grant
under this section shall—
‘‘(A) describe the elementary school popu-
lation to be targeted by the program, the par-
ticular personal, social, emotional, educational,
and career development needs of such popu-
lation, and the current school counseling re-
sources available for meeting such needs;
450
‘‘(B) describe the activities, services, and
training to be provided by the program and the
specific approaches to be used to meet the
needs described in subparagraph (A);
‘‘(C) describe the methods to be used to
evaluate the outcomes and effectiveness of the
program;
‘‘(D) describe the collaborative efforts to
be undertaken with institutions of higher edu-
cation, businesses, labor organizations, commu-
nity groups, social service agencies, and other
public or private entities to enhance the pro-
gram and promote school-linked services inte-
gration;
‘‘(E) describe collaborative efforts with in-
stitutions of higher education which specifically
seek to enhance or improve graduate programs
specializing in the preparation of elementary
school counselors, school psychologists, and
school social workers;
‘‘(F) document that the applicant has the
personnel qualified to develop, implement, and
administer the program;
451
‘‘(G) describe how any diverse cultural
populations, if applicable, would be served
through the program;
‘‘(H) assure that the funds made available
under this part for any fiscal year will be used
to supplement and, to the extent practicable, in-
crease the level of funds that would otherwise
be available from non-Federal sources for the
program described in the application, and in no
case supplant such funds from non-Federal
sources; and
‘‘(I) assure that the applicant will appoint
an advisory board composed of parents, school
counselors, school psychologists, school social
workers, other pupil services personnel, teach-
ers, school administrators, and community lead-
ers to advise the local educational agency on the
design and implementation of the program.
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used to initiate or expand elementary
school counseling programs that comply with the re-
quirements in paragraph (2).
‘‘(2) PROGRAM
REQUIREMENTS.—Each pro-
gram assisted under this section shall—
452
‘‘(A) be comprehensive in addressing the
personal, social, emotional, and educational
needs of all students;
‘‘(B) use a developmental, preventive ap-
proach to counseling;
‘‘(C) increase the range, availability, quan-
tity, and quality of counseling services in the el-
ementary schools of the local educational agen-
cy;
‘‘(D) expand counseling services only
through qualified school counselors, school psy-
chologists, and school social workers;
‘‘(E) use innovative approaches to increase
children’s understanding of peer and family re-
lationships, work and self, decisionmaking, aca-
demic and career planning, or to improve social
functioning;
‘‘(F) provide counseling services that are
well-balanced among classroom group and small
group counseling, individual counseling, and
consultation with parents, teachers, administra-
tors, and other pupil services personnel;
‘‘(G) include inservice training for school
counselors, school social workers, school psy-
453
chologists, other pupil services personnel, teach-
ers, and instructional staff;
‘‘(H) involve parents of participating stu-
dents in the design, implementation, and eval-
uation of a counseling program;
‘‘(I) involve collaborative efforts with insti-
tutions of higher education, businesses, labor
organizations, community groups, social service
agencies, or other public or private entities to
enhance the program and promote school-linked
services integration; and
‘‘(J) evaluate annually the effectiveness
and outcomes of the counseling services and ac-
tivities assisted under this section.
‘‘(3) REPORT.—The Secretary shall issue a re-
port evaluating the programs assisted pursuant to
each grant under this subsection at the end of each
grant period in accordance with section 14701, but
in no case later than January 30, 2005.
‘‘(4) DISSEMINATION.—The Secretary shall
make the programs assisted under this section avail-
able for dissemination, either through the National
Diffusion Network or other appropriate means.
‘‘(5) LIMIT
ON
ADMINISTRATION.—Not more
than five percent of the amounts made available
454
under this section in any fiscal year shall be used
for administrative costs to carry out this section.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘school counselor’ means an indi-
vidual who has documented competence in coun-
seling children and adolescents in a school setting
and who—
‘‘(A) possesses State licensure or certifi-
cation granted by an independent professional
regulatory authority;
‘‘(B) in the absence of such State licensure
or certification, possesses national certification
in school counseling or a specialty of counseling
granted by an independent professional organi-
zation; or
‘‘(C) holds a minimum of a master’s de-
gree in school counseling from a program ac-
credited by the Council for Accreditation of
Counseling and Related Educational Programs
or the equivalent;
‘‘(2) the term ‘school psychologist’ means an in-
dividual who—
‘‘(A) possesses a minimum of 60 graduate
semester hours in school psychology from an in-
stitution of higher education and has completed
455
1,200 clock hours in a supervised school psy-
chology internship, of which 600 hours shall be
in the school setting;
‘‘(B) possesses State licensure or certifi-
cation in the State in which the individual
works; or
‘‘(C) in the absence of such State licensure
or certification, possesses national certification
by the National School Psychology Certification
Board;
‘‘(3) the term ‘school social worker’ means an
individual who holds a master’s degree in social
work and is licensed or certified by the State in
which services are provided or holds a school social
work specialist credential; and
‘‘(4) the term ‘supervisor’ means an individual
who has the equivalent number of years of profes-
sional experience in such individual’s respective dis-
cipline as is required of teaching experience for the
supervisor or administrative credential in the State
of such individual.
‘‘SEC. 12103. PARTNERSHIPS IN CHARACTER EDUCATION
PILOT PROJECT.
‘‘(a) PROGRAM AUTHORIZED.—
456
‘‘(1) IN GENERAL.—The Secretary is authorized
to make up to a total of ten grants annually to part-
nerships of State educational agencies and local edu-
cational agencies for the design and implementation
of character education programs that incorporate
the elements of character listed in subsection (d), as
well as other character elements identified by appli-
cants.
‘‘(2) MAXIMUM AMOUNT OF GRANT.—No State
educational agency shall receive more than a total of
$1,000,000 in grants under this part.
‘‘(3) DURATION.—Each grant under this sec-
tion shall be awarded for a period not to exceed five
years, of which the State educational agency shall
not use more than one year for planning and pro-
gram design.
‘‘(b) 
STATE
EDUCATIONAL
AGENCY
APPLICA-
TIONS.—
‘‘(1) REQUIREMENT.—Each State educational
agency desiring a grant under this section shall sub-
mit an application to the Secretary at such time and
in such manner as the Secretary may require.
‘‘(2) PARTNERSHIPS.—Each State educational
agency desiring a grant under this section shall form
a partnership with at least one local educational
457
agency to be eligible for funding. The partnership
shall pursue State and local initiatives to meet the
objectives of this section.
‘‘(3) APPLICATION.—Each application under
this section shall include—
‘‘(A) a list of the local educational agencies
entering into the partnership with the State
educational agency;
‘‘(B) a description of the goals of the part-
nership;
‘‘(C) a description of activities that will be
pursued by the participating local educational
agencies, including—
‘‘(i) how parents, students, and other
members of the community, including
members of private and nonprofit organi-
zations, will be involved in the design and
implementation of the program;
‘‘(ii) curriculum and instructional
practices;
‘‘(iii) methods of teacher training and
parent education that will be used or devel-
oped; and
‘‘(iv) examples of activities that will
be carried out under this part;
458
‘‘(D) a description of how the State edu-
cational agency will provide technical and pro-
fessional assistance to its local educational
agency partners in the development and imple-
mentation of character education programs;
‘‘(E) a description of how the State edu-
cational agency will evaluate the success of local
programs and how local educational agencies
will evaluate the progress of their own pro-
grams;
‘‘(F) a description of how the State edu-
cational agency will assist other interested local
educational agencies that are not members of
the original partnership in designing and estab-
lishing programs;
‘‘(G) a description of how the State edu-
cational agency will establish a clearinghouse
for information on model programs, materials,
and other information the State and local edu-
cational agencies determine to be appropriate;
‘‘(H) an assurance that the State edu-
cational agency will annually provide to the Sec-
retary such information as may be required to
determine the effectiveness of the program; and
459
‘‘(I) any other information that the Sec-
retary may require.
‘‘(4) 
NON-PARTNER
LOCAL
EDUCATIONAL
AGENCIES.—Any local educational agency that was
not a partner with the State when the application
was submitted may become a partner by submitting
an application for partnership to the State edu-
cational agency, containing such information that
the State educational agency may require.
‘‘(c) EVALUATION AND PROGRAM DEVELOPMENT.—
‘‘(1) REQUIREMENT.—Each State educational
agency receiving a grant under this section shall
submit to the Secretary a comprehensive evaluation
of the program assisted under this part, including
the impact on students, teachers, administrators,
parents, and others—
‘‘(A) by the mid-term of the program; and
‘‘(B) not later than one year after comple-
tion of such program.
‘‘(2) CONTRACTS
FOR
EVALUATION.—Each
State educational agency receiving a grant under
this section may contract with outside sources, in-
cluding institutions of higher education, and private
and nonprofit organizations, for purposes of evalu-
ating their program and measuring the success of
460
the program toward fostering in students the ele-
ments of character listed in subsection (b).
‘‘(3) FACTORS.—Factors which may be consid-
ered in evaluating the success of the program may
include—
‘‘(A) discipline problems;
‘‘(B) students’ grades;
‘‘(C) participation in extracurricular activi-
ties;
‘‘(D) parental and community involvement;
‘‘(E) faculty and administration involve-
ment; and
‘‘(F) student and staff morale.
‘‘(4) MATERIALS
AND
PROGRAM
DEVELOP-
MENT.—Local educational agencies, after consulting
with the State educational agency, may contract
with outside sources, including institutions of higher
education, and private and nonprofit organizations,
for assistance in developing curriculum, materials,
teacher training, and other activities related to char-
acter education.
‘‘(d) ELEMENTS OF CHARACTER.—
‘‘(1) IN GENERAL.—Applicants desiring funding
under this part shall develop character education
461
programs that incorporate the following elements of
character:
‘‘(A) Caring.
‘‘(B) Civic virtue and citizenship.
‘‘(C) Justice and fairness.
‘‘(D) Respect.
‘‘(E) Responsibility.
‘‘(F) Trustworthiness.
‘‘(G) Any other elements deemed appro-
priate by the members of the partnership.
‘‘(2) ADDITIONAL ELEMENTS OF CHARACTER.—
A local educational agency participating under this
section may, after consultation with schools and
communities of such agency, define additional ele-
ments of character that the agency determines to be
important to the schools and communities of such
agency.
‘‘(e) USE OF FUNDS.—Of the total funds received by
a State educational agency in any fiscal year under this
section—
‘‘(1) not more than 30 percent of such funds
may be retained by the State educational agency, of
which—
462
‘‘(A) not more than 10 percent of such
funds may be used for administrative purposes;
and
‘‘(B) the remainder of such funds may be
used for—
‘‘(i) collaborative initiatives with local
educational agencies;
‘‘(ii) the establishment of the clearing-
house, preparation of materials, teacher
training; and
‘‘(iii) other appropriate activities; and
‘‘(2) the remaining of such funds shall be used
to award subgrants to local educational agencies, of
which—
‘‘(A) not more than 10 percent of such
funds may be retained for administrative pur-
poses; and
‘‘(B) the remainder of such funds may be
used to—
‘‘(i) award subgrants to schools within
the local educational agency; and
‘‘(ii) pursue collaborative efforts with
the State educational agency.
‘‘(f) SELECTION OF GRANTEES.—
463
‘‘(1) CRITERIA.—The Secretary shall select,
through peer review, partnerships to receive grants
under this section on the basis of the quality of the
applications submitted under subsection (b), taking
into consideration such factors as—
‘‘(A) the quality of the activities proposed
by local educational agencies;
‘‘(B) the extent to which the program fos-
ters in students the elements of character;
‘‘(C) the extent of parental, student, and
community involvement;
‘‘(D) the number of local educational agen-
cies involved in the effort;
‘‘(E) the quality of the plan for measuring
and assessing success; and
‘‘(F) the likelihood that the goals of the
program will be realistically achieved.
‘‘(2) DIVERSITY OF PROJECTS.—The Secretary
shall approve applications under this section in a
manner that ensures, to the extent practicable, that
programs assisted under this section—
‘‘(A) serve different areas of the Nation,
including urban, suburban, and rural areas; and
464
‘‘(B) serve schools that serve minorities,
Native Americans, students of limited-English
proficiency, and disadvantaged students.
‘‘SEC. 12104. PROMOTING SCHOLAR-ATHLETE COMPETI-
TIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award a grant to a nonprofit organization to reimburse
such organizations for the costs of conducting scholar-ath-
lete games.
‘‘(b) PRIORITY.—In awarding the grant under sub-
section (a), the Secretary shall give priority to a nonprofit
organization that—
‘‘(1) is described in section 501(c)(3) of, and
exempt from taxation under section 501(a) of, the
Internal Revenue Code of 1986, and is affiliated
with a university capable of hosting a large edu-
cational, cultural, and athletic event that will serve
as a national model;
‘‘(2) has the capability and experience in ad-
ministering federally funded scholar-athlete games;
‘‘(3) has the ability to provide matching funds,
on a dollar-for-dollar basis, from foundations and
the private sector for the purpose of conducting a
scholar-athlete program;
465
‘‘(4) has the organizational structure and capa-
bility to administer a model scholar-athlete program;
‘‘(5) has the organizational structure and exper-
tise to replicate the scholar-athlete program in var-
ious venues throughout the United States inter-
nationally; and
‘‘(6) has plans for conducting scholar-athlete
games without Federal assistance.
‘‘SEC. 12105. SMALLER LEARNING COMMUNITIES.
‘‘(a) IN GENERAL.—Each local educational agency
desiring a grant under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
require. Each such application shall describe—
‘‘(1) strategies and methods the applicant will
use to create the smaller learning community or
communities;
‘‘(2) curriculum and instructional practices, in-
cluding any particular themes or emphases, to be
used in the learning environment;
‘‘(3) the extent of involvement of teachers and
other school personnel in investigating, designing,
implementing and sustaining the smaller learning
community or communities;
466
‘‘(4) the process to be used for involving stu-
dents, parents and other stakeholders in the develop-
ment and implementation of the smaller learning
community or communities;
‘‘(5) any cooperation or collaboration among
community agencies, organizations, businesses, and
others to develop or implement a plan to create the
smaller learning community or communities;
‘‘(6) the training and professional development
activities that will be offered to teachers and others
involved in the activities assisted under this part;
‘‘(7) the goals and objectives of the activities
assisted under this part, including a description of
how such activities will better enable all students to
reach challenging State content standards and State
student performance standards;
‘‘(8) the methods by which the applicant will
assess progress in meeting such goals and objectives;
‘‘(9) if the smaller learning community or com-
munities exist as a school-within-a-school, the rela-
tionship, including governance and administration,
of the smaller learning community to the rest of the
school;
‘‘(10) a description of the administrative and
managerial relationship between the local edu-
467
cational agency and the smaller learning community
or communities, including how such agency will dem-
onstrate a commitment to the continuity of the
smaller learning community or communities, includ-
ing the continuity of student and teacher assignment
to a particular learning community;
‘‘(11) how the applicant will coordinate or use
funds provided under this part with other funds pro-
vided under this Act or other Federal laws;
‘‘(12) grade levels or ages of students who will
participate in the smaller learning community or
communities; and
‘‘(13) the method of placing students in the
smaller learning community or communities, such
that students are not placed according to ability,
performance or any other measure, so that students
are placed at random or by their own choice, not
pursuant to testing or other judgments.
‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this
section may be used—
‘‘(1) to study the feasibility of creating the
smaller learning community or communities as well
as effective and innovative organizational and in-
structional strategies that will be used in the smaller
learning community or communities;
468
‘‘(2) to research, develop and implement strate-
gies for creating the smaller learning community or
communities, as well as effective and innovative
changes in curriculum and instruction, geared to
high State content standards and State student per-
formance standards;
‘‘(3) to provide professional development for
school staff in innovative teaching methods that
challenge and engage students to be used in the
smaller learning community or communities; and
‘‘(4) to develop and implement strategies to in-
clude parents, business representatives, local institu-
tions of higher education, community-based organi-
zations, and other community members in the small-
er learning communities, as facilitators of activities
that enable teachers to participate in professional
development activities, as well as to provide links be-
tween students and their community.
‘‘SEC. 12106. NATIONAL STUDENT AND PARENT MOCK ELEC-
TION.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to national nonprofit, nonpartisan organiza-
tions that work to promote voter participation in American
elections to enable such organizations to carry out voter
469
education activities for students and their parents. Such
activities shall—
‘‘(1) be limited to simulated national elections
that permit participation by students and parents
from all 50 States in the United States; and
‘‘(2) consist of—
‘‘(A) school forums and local cable call-in
shows on the national issues to be voted upon
in an ‘issue forum’;
‘‘(B) speeches and debates before students
and parents by local candidates or stand-ins for
such candidates;
‘‘(C) quiz team competitions, mock press
conferences and speechwriting competitions;
‘‘(D) weekly meetings to follow the course
of the campaign; or
‘‘(E) school and neighborhood campaigns
to increase voter turnout, including newsletters,
posters, telephone chains, and transportation.
‘‘(b) REQUIREMENT.—Each organization receiving a
grant under this section shall present awards to out-
standing student and parent mock election projects.
‘‘SEC. 12107. MODEL PROJECTS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to cultural institutions to enable
470
such institutions to develop and expand model projects of
outreach activities for at-risk children in the communities
served by such institutions, including activities which inte-
grate such institution’s cultural programming with other
disciplines, including environmental, mathematics, and
science programs.
‘‘(b) PRIORITY.—In awarding grants under this sec-
tion the Secretary shall give priority to activities that are
part of an overall State, local, and private commitment,
seek to improve learning for at-risk youth, and are sub-
stantially funded by State, local, or private funds.
‘‘PART B—GIFTED AND TALENTED CHILDREN
‘‘SEC. 12201. SHORT TITLE.
‘‘This part may be cited as the ‘Jacob K. Javits Gift-
ed and Talented Students Education Act of 2000’.
‘‘SEC. 12202. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds and declares
that—
‘‘(1) all students can learn to high standards
and must develop their talents and realize their po-
tential if the United States is to prosper;
‘‘(2) gifted and talented students are a national
resource vital to the future of the Nation and its se-
curity and well-being;
471
‘‘(3) too often schools fail to challenge students
to do their best work, and students who are not
challenged will not learn to challenging State content
standards and challenging State student perform-
ance standards, fully develop their talents, and real-
ize their potential;
‘‘(4) unless the special abilities of gifted and
talented students are recognized and developed dur-
ing such students’ elementary and secondary school
years, much of such students’ special potential for
contributing to the national interest is likely to be
lost;
‘‘(5) gifted and talented students from economi-
cally disadvantaged families and areas, and students
of limited-English proficiency are at greatest risk of
being unrecognized and of not being provided ade-
quate or appropriate educational services;
‘‘(6) State and local educational agencies and
private nonprofit schools often lack the necessary
specialized resources to plan and implement effective
programs for the early identification of gifted and
talented students and for the provision of edu-
cational services and programs appropriate to their
special needs;
472
‘‘(7) the Federal Government can best carry out
the limited but essential role of stimulating research
and development and personnel training and pro-
viding a national focal point of information and
technical assistance that is necessary to ensure that
the Nation’s schools are able to meet the special
educational needs of gifted and talented students,
and thereby serve a profound national interest; and
‘‘(8) the experience and knowledge gained in
developing and implementing programs for gifted
and talented students can and should be used as a
basis to—
‘‘(A) develop a rich and challenging cur-
riculum for all students; and
‘‘(B) provide all students with important
and challenging subject matter to study and en-
courage the habits of hard work.
‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of
this part—
‘‘(1) to provide financial assistance to State and
local educational agencies, institutions of higher edu-
cation, and other public and private agencies and or-
ganizations, to initiate a coordinated program of re-
search, demonstration projects, personnel training,
and similar activities designed to build a nationwide
473
capability in elementary and secondary schools to
meet the special educational needs of gifted and tal-
ented students;
‘‘(2) to encourage the development of rich and
challenging curricula for all students through the
appropriate application and adaptation of materials
and instructional methods developed under this part;
and
‘‘(3) to supplement and make more effective the
expenditure of State and local funds, for the edu-
cation of gifted and talented students.
‘‘SEC. 12203. CONSTRUCTION.
‘‘Nothing in this part shall be construed to prohibit
a recipient of funds under this part from serving gifted
and talented students simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
‘‘SEC. 12204. AUTHORIZED PROGRAMS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN
GENERAL.—From the sums appro-
priated under section 12207 in any fiscal year the
Secretary (after consultation with experts in the
field of the education of gifted and talented stu-
dents) shall make grants to or enter into contracts
with State educational agencies, local educational
474
agencies, institutions of higher education, or other
public agencies and private agencies and organiza-
tions (including Indian tribes and Indian organiza-
tions (as such terms are defined by the Indian Self-
Determination and Education Assistance Act) and
Native Hawaiian organizations) to assist such agen-
cies, institutions, and organizations which submit
applications in carrying out programs or projects au-
thorized by this part that are designed to meet the
educational needs of gifted and talented students, in-
cluding the training of personnel in the education
of gifted and talented students and in the use, where
appropriate, of gifted and talented services, mate-
rials, and methods for all students.
‘‘(2) APPLICATION.—Each entity desiring as-
sistance under this part shall submit an application
to the Secretary at such time, in such manner, and
containing such information as the Secretary may
reasonably require. Each such application shall de-
scribe how—
‘‘(A) the proposed gifted and talented serv-
ices, materials, and methods can be adapted, if
appropriate, for use by all students; and
‘‘(B) the proposed programs can be evalu-
ated.
475
‘‘(b) USES OF FUNDS.—Programs and projects as-
sisted under this section may include—
‘‘(1) professional development (including fellow-
ships) for personnel (including leadership personnel)
involved in the education of gifted and talented stu-
dents;
‘‘(2) establishment and operation of model
projects and exemplary programs for serving gifted
and talented students, including innovative methods
for identifying and educating students who may not
be served by traditional gifted and talented pro-
grams, summer programs, mentoring programs,
service learning programs, and cooperative programs
involving business, industry, and education;
‘‘(3) training of personnel and parents involved
in gifted and talented programs with respect to the
impact of gender role socialization on the edu-
cational needs of gifted and talented children and in
gender equitable education methods, techniques and
practices;
‘‘(4) implementing innovative strategies, such
as cooperative learning, peer tutoring and service
learning;
‘‘(5) strengthening the capability of State edu-
cational agencies and institutions of higher edu-
476
cation to provide leadership and assistance to local
educational agencies and nonprofit private schools in
the planning, operation, and improvement of pro-
grams for the identification and education of gifted
and talented students and the appropriate use of
gifted and talented programs and methods to serve
all students;
‘‘(6) programs of technical assistance and infor-
mation dissemination, including how gifted and tal-
ented programs and methods, where appropriate,
may be adapted for use by all students; and
‘‘(7) carrying out—
‘‘(A) research on methods and techniques
for identifying and teaching gifted and talented
students, and for using gifted and talented pro-
grams and methods to serve all students; and
‘‘(B) program evaluations, surveys, and the
collection, analysis, and development of infor-
mation needed to accomplish the purposes of
this part.
‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—
‘‘(1) IN GENERAL.—The Secretary (after con-
sultation with experts in the field of the education
of gifted and talented students) shall establish a Na-
tional Center for Research and Development in the
477
Education of Gifted and Talented Children and
Youth through grants to or contracts with one or
more institutions of higher education or State edu-
cational agency, or a combination or consortium of
such institutions and agencies, for the purpose of
carrying out activities described in paragraph (7) of
subsection (b).
‘‘(2) DIRECTOR.—Such National Center shall
have a Director. The Secretary may authorize the
Director to carry out such functions of the National
Center as may be agreed upon through arrange-
ments with other institutions of higher education,
State or local educational agencies, or other public
or private agencies and organizations.
‘‘(d) LIMITATION.—Not more than 30 percent of the
funds available in any fiscal year to carry out the pro-
grams and projects authorized by this section may be used
to conduct activities pursuant to subsection (b)(7) or (c).
‘‘(e) COORDINATION.—Research activities supported
under this section—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to ensure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by such Office; and
478
‘‘(2) may include collaborative research activi-
ties which are jointly funded and carried out with
such Office.
‘‘SEC. 12205. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In the administration of
this part the Secretary shall give highest priority—
‘‘(1) to the identification of and the provision of
services to gifted and talented students who may not
be identified and served through traditional assess-
ment methods (including economically disadvantaged
individuals, individuals of limited-English pro-
ficiency, and individuals with disabilities); and
‘‘(2) to programs and projects designed to de-
velop or improve the capability of schools in an en-
tire State or region of the Nation through coopera-
tive efforts and participation of State and local edu-
cational agencies, institutions of higher education,
and other public and private agencies and organiza-
tions (including business, industry, and labor), to
plan, conduct, and improve programs for the identi-
fication of and service to gifted and talented stu-
dents, such as mentoring and apprenticeship pro-
grams.
‘‘(b) SERVICE PRIORITY.—In approving applications
for assistance under section 12204(a)(2), the Secretary
479
shall assure that in each fiscal year at least one-half of
the applications approved under such section address the
priority described in subsection (a)(1).
‘‘SEC. 12206. GENERAL PROVISIONS.
‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN
AND TEACHERS.—In making grants and entering into
contracts under this part, the Secretary shall ensure,
where appropriate, that provision is made for the equitable
participation of students and teachers in private nonprofit
elementary and secondary schools, including the participa-
tion of teachers and other personnel in professional devel-
opment programs serving such children.
‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—
The Secretary shall—
‘‘(1) use a peer review process in reviewing ap-
plications under this part;
‘‘(2) ensure that information on the activities
and results of programs and projects funded under
this part is disseminated to appropriate State and
local agencies and other appropriate organizations,
including nonprofit private organizations; and
‘‘(3) evaluate the effectiveness of programs
under this part in accordance with section 14701,
both in terms of the impact on students traditionally
served in separate gifted and talented programs and
480
on other students, and submit the results of such
evaluation to Congress not later than January 1,
2005.
‘‘(c) PROGRAM OPERATIONS.—The Secretary shall
ensure that the programs under this part are administered
within the Department by a person who has recognized
professional qualifications and experience in the field of
the education of gifted and talented students and who
shall—
‘‘(1) administer the programs authorized by
this part;
‘‘(2) coordinate all programs for gifted and tal-
ented students administered by the Department;
‘‘(3) serve as a focal point of national leader-
ship and information on the educational needs of
gifted and talented students and the availability of
educational services and programs designed to meet
such needs; and
‘‘(4) assist the Assistant Secretary of the Office
of Educational Research and Improvement in identi-
fying research priorities which reflect the needs of
gifted and talented students.
‘‘SEC. 12207. AUTHORIZATION OF APPROPRIATIONS.
‘‘There 
are 
authorized 
to 
be 
appropriated
$10,000,000 for fiscal year 2001 and such sums as may
481
be necessary for each of the four succeeding fiscal years
to carry out the provisions of this part.
‘‘PART D—ARTS IN EDUCATION
‘‘Subpart 1—Arts Education
‘‘SEC. 12401. SUPPORT FOR ARTS EDUCATION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the arts are forms of understanding and
ways of knowing that are fundamentally important
to education;
‘‘(2) the arts are important to excellent edu-
cation and to effective school reform;
‘‘(3) the most significant contribution of the
arts to education reform is the transformation of
teaching and learning;
‘‘(4) such transformation is best realized in the
context of comprehensive, systemic education reform;
‘‘(5) demonstrated competency in the arts for
American students is among the National Education
Goals;
‘‘(6) participation in performing arts activities
has proven to be an effective strategy for promoting
the inclusion of persons with disabilities in main-
stream settings;
482
‘‘(7) opportunities in the arts have enabled per-
sons of all ages with disabilities to participate more
fully in school and community activities;
‘‘(8) the arts can motivate at-risk students to
stay in school and become active participants in the
educational process; and
‘‘(9) arts education should be an integral part
of the elementary and secondary school curriculum.
‘‘(b) PURPOSES.—The purposes of this subpart are
to—
‘‘(1) support systemic education reform by
strengthening arts education as an integral part of
the elementary and secondary school curriculum;
‘‘(2) help ensure that all students have the op-
portunity to learn to challenging State content
standards and challenging State student perform-
ance standards in the arts; and
‘‘(3) support the national effort to enable all
students to demonstrate competence in the arts in
accordance with the National Education Goals.
‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out
the purposes of this subpart, the Secretary is authorized
to award grants to, or enter into contracts or cooperative
agreements with—
‘‘(1) State educational agencies;
483
‘‘(2) local educational agencies;
‘‘(3) institutions of higher education;
‘‘(4) museums and other cultural institutions;
and
‘‘(5) other public and private agencies, institu-
tions, and organizations.
‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this
subpart may be used for—
‘‘(1) research on arts education;
‘‘(2) the development of, and dissemination of
information about, model arts education programs;
‘‘(3) the development of model arts education
assessments based on high standards;
‘‘(4) the development and implementation of
curriculum frameworks for arts education;
‘‘(5) the development of model preservice and
inservice professional development programs for arts
educators and other instructional staff;
‘‘(6) supporting collaborative activities with
other Federal agencies or institutions involved in
arts education, such as the National Endowment for
the Arts, the Institute of Museum and Library Serv-
ices, the John F. Kennedy Center for the Per-
forming Arts, Very Special Arts, and the National
Gallery of Art;
484
‘‘(7) supporting model projects and programs in
the performing arts for children and youth through
arrangements made with the John F. Kennedy Cen-
ter for the Performing Arts;
‘‘(8) supporting model projects and programs
by Very Special Arts which assure the participation
in mainstream settings in arts and education pro-
grams of individuals with disabilities;
‘‘(9) supporting model projects and programs to
integrate arts education into the regular elementary
and secondary school curriculum; and
‘‘(10) other activities that further the purposes
of this subpart.
‘‘(e) COORDINATION.—
‘‘(1) IN GENERAL.—A recipient of funds under
this subpart shall, to the extent possible, coordinate
projects assisted under this subpart with appropriate
activities of public and private cultural agencies, in-
stitutions, and organizations, including museums,
arts education associations, libraries, and theaters.
‘‘(2) SPECIAL RULE.—In carrying out this sub-
part, the Secretary shall coordinate with the Na-
tional Endowment for the Arts, the Institute of Mu-
seum and Library Services, the John F. Kennedy
485
Center for the Performing Arts, Very Special Arts,
and the National Gallery of Art.
‘‘(f) AUTHORIZATION.—
‘‘(1) IN
GENERAL.—For the purpose of car-
rying out this subpart, there are authorized to be
appropriated $11,000,000 for fiscal year 2001 and
such sums as may be necessary for each of the four
succeeding fiscal years.
‘‘(2) SPECIAL
RULE.—If the amount appro-
priated under paragraph (1) for any fiscal year is
$9,000,000 or less, then such amount shall only be
available to carry out the activities described in
paragraphs (7) and (8) of subsection (d).
‘‘Subpart 2—Cultural Partnerships for At-Risk
Children and Youth
‘‘SEC. 12411. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds:
‘‘(1) With local school budget cuts there are in-
adequate arts and cultural programs available for
children and youth in schools, especially at the ele-
mentary school level.
‘‘(2) The arts promote progress in academic
subjects as shown by research conducted by the Na-
tional Endowment for the Arts.
486
‘‘(3) Children and youth who receive instruction
in the arts and humanities, or who are involved in
cultural activities, remain in school longer and are
more successful than children who do not receive
such instruction.
‘‘(4) Learning in the arts and humanities pro-
motes progress in other academic subjects, and gen-
erates positive self-esteem and a greater sense of ac-
complishment in young people.
‘‘(5) School-university and school-cultural insti-
tution partnerships that upgrade teacher training in
the arts and humanities have significantly contrib-
uted to improved instruction and achievement levels
of school-aged children.
‘‘(6) Museum outreach, cultural activities and
informal education for at-risk children and youth
have contributed significantly to the educational
achievement and enhanced interest in learning of at-
risk children and youth.
‘‘(7) The Goals 2000: Educate America Act,
other legislation and local, State and national re-
sources support the integration of the arts and hu-
manities into the regular curriculum and school day
for all children.
487
‘‘(8) While all children benefit from instruction
in the arts and the humanities, at-risk children and
youth have a special, additional need for arts and
cultural programs both in school and after school.
‘‘(b) PURPOSE.—The purpose of this subpart is to
make demonstration grants to eligible entities to improve
the educational performance and future potential of at-
risk children and youth by providing comprehensive and
coordinated educational and cultural services.
‘‘SEC. 12412. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to eligible entities to pay the Federal share
of the costs of the activities described in section 12413.
‘‘(b) SPECIAL REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants under this subpart only to programs designed
to—
‘‘(A) promote and enhance educational and
cultural activities;
‘‘(B) provide multi-year services to at-risk
children and youth and to integrate community
cultural resources into in-school and after-
school educational programs;
488
‘‘(C) provide integration of community cul-
tural resources into the regular curriculum and
school day;
‘‘(D) focus school and cultural resources in
the community on coordinated cultural services
to address the needs of at-risk children and
youth;
‘‘(E) provide effective cultural programs to
facilitate the transition from preschool pro-
grams to elementary school programs, including
programs under the Head Start Act and part H
of the Individuals with Disabilities Education
Act;
‘‘(F) facilitate school-to-work transition
from secondary schools and alternative schools
to job training, higher education and employ-
ment through educational programs and activi-
ties that utilize school resources;
‘‘(G) increase parental and community in-
volvement in the educational, social, and cul-
tural development of at-risk children and youth;
or
‘‘(H)(i) develop programs and strategies
that provide high-quality coordinated edu-
cational and cultural services; and
489
‘‘(ii) provide a model to replicate such
services in other schools and communities.
‘‘(2) PARTNERSHIP.—An interagency partner-
ship comprised of the Secretary of Education, the
Chairman of the National Endowment for the Hu-
manities, the Chairman of the National Endowment
for the Arts, and the Director of the Institute of
Museum and Library Services, or their designees,
shall establish criteria and procedures for awarding
grants, including the establishment of panels to re-
view the applications, and shall administer the
grants program authorized by this section. The Sec-
retary shall publish such criteria and procedures in
the Federal Register.
‘‘(3) COORDINATION.—Grants may only be
awarded under this subpart to eligible entities that
agree to coordinate activities carried out under other
Federal, State, and local grants, received by the
members of the partnership for purposes and target
populations described in this subpart, into an inte-
grated service delivery system located at a school,
cultural, or other community-based site accessible to
and utilized by at-risk youth.
490
‘‘(4) ELIGIBLE ENTITIES.—For purposes of this
subpart, the term ‘eligible entity’ means a partner-
ship between—
‘‘(A) a local educational agency or an indi-
vidual school that is eligible to participate in a
schoolwide program under section 1114; and
‘‘(B) at least one institution of higher edu-
cation, museum, local arts agency, or cultural
entity that is accessible to individuals within the
school district of such local educational agency
or school, and that has a history of providing
quality services to the community, which may
include—
‘‘(i) nonprofit institutions of higher
education, museums, libraries, performing,
presenting and exhibiting arts organiza-
tions, literary arts organizations, State and
local arts organizations, cultural institu-
tions, and zoological and botanical organi-
zations; or
‘‘(ii) private for-profit entities with a
history of training children and youth in
the arts.
‘‘(5) GEOGRAPHIC DISTRIBUTION.—In awarding
grants under this subpart the Secretary, to the ex-
491
tent feasible, shall ensure an equitable geographic
distribution of such grants.
‘‘(6) DURATION.—Grants made under this sub-
part may be renewable for a maximum of five years
if the Secretary determines that the eligible recipient
has made satisfactory progress toward the achieve-
ment of the program objectives described in the ap-
plication.
‘‘(7) MODELS.—The Secretary, in consultation
with the Chairman of the National Endowment for
the Humanities, the Chairman of the National En-
dowment for the Arts and the director of the Insti-
tute of Museum and Library Services, or their des-
ignees, shall submit successful models under this
title to the National Diffusion Network for review.
‘‘(c) TARGET POPULATION.—To be eligible for a
grant under this subpart, an eligible entity shall serve—
‘‘(1) students enrolled in schools participating
in a schoolwide program under section 1114 and the
families of such students to the extent practicable;
‘‘(2) out-of-school children and youth at risk of
disadvantages resulting from teenage parenting, sub-
stance abuse, recent migration, disability, limited-
English proficiency, illiteracy, being the child of a
492
teenage parent, living in a single parent household,
or dropping out of school; or
‘‘(3) any combination of in-school and out-of-
school at-risk children and youth.
‘‘SEC. 12413. AUTHORIZED ACTIVITIES.
‘‘(a) IN GENERAL.—Grants awarded under this sub-
part may be used—
‘‘(1) to plan, develop, acquire, expand, and im-
prove school-based or community-based coordinated
educational and cultural programs to strengthen the
educational performance and future potential of in-
school or out-of-school at-risk children and youth
through grants, cooperative agreements, contracts
for services, or administrative coordination;
‘‘(2) to provide at-risk students with integrated
cultural activities designed to develop a love of learn-
ing that fosters the smooth transition of preschool
children to elementary school;
‘‘(3) to design collaborative cultural activities
for students in secondary or alternative schools that
ensure the smooth transition to job training, higher
education, or full employment;
‘‘(4) to provide child care for children of at-risk
students who would not otherwise be able to partici-
pate in the program;
493
‘‘(5) to provide transportation necessary for
participation in the program;
‘‘(6) to work with existing school personnel to
develop curriculum materials and programs in the
arts;
‘‘(7) to work with existing school personnel on
staff development activities that encourage the inte-
gration of the arts into the curriculum;
‘‘(8) for stipends that allow local artists to work
with at-risk children and youth in schools;
‘‘(9) for training individuals who are not
trained to work with children and youth;
‘‘(10) for cultural programs that encourage the
active participation of parents in the education of
their children;
‘‘(11) for programs that use the arts and cul-
ture to reform current school practices, including
lengthening the school day or academic year;
‘‘(12) for equipment or supplies that the Sec-
retary determines appropriate; and
‘‘(13) for evaluation, administration, and super-
vision.
‘‘(b) PLANNING GRANTS.—
‘‘(1) APPLICATION.—An eligible entity may
submit an application to the Secretary for a plan-
494
ning grant for an amount not to exceed $50,000.
Such grants shall be for periods of not more than
one year.
‘‘(2) LIMIT ON PLANNING GRANTS.—Not more
than 10 percent of the amounts appropriated in each
fiscal year under this subpart shall be used for
grants under this subsection, and an eligible entity
may receive not more than one such planning grant.
‘‘(c) GENERAL PROVISIONS.—
‘‘(1) IN GENERAL.—Each eligible entity desir-
ing a grant under this subpart shall submit an appli-
cation to the Secretary at such time, in such man-
ner, and accompanied by such information as the
Secretary may reasonably require.
‘‘(2) CONTENTS.—Each application submitted
pursuant to paragraph (1) shall—
‘‘(A) describe the cultural entity or entities
that will participate in the partnership;
‘‘(B) describe the target population to be
served;
‘‘(C) describe the services to be provided;
‘‘(D) describe a plan for evaluating the
success of the program;
‘‘(E) in the case of each local educational
agency or school participating in the eligible re-
495
cipient partnership, describe how the activities
assisted under this subpart will be perpetuated
beyond the duration of the grant;
‘‘(F) describe the manner in which the eli-
gible entity will improve the educational
achievement or future potential of at-risk youth
through more effective coordination of cultural
services in the community;
‘‘(G) describe the overall and operational
goals of the program;
‘‘(H) describe the nature and location of
all planned sites where services will be delivered
and a description of services which will be pro-
vided at each site; and
‘‘(I) describe training that will be provided
to individuals who are not trained to work with
children and youth, and how teachers will be in-
volved.
‘‘SEC. 12414. PAYMENTS; AMOUNTS OF AWARD; COST
SHARE; LIMITATIONS.
‘‘(a) PAYMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall pay to
each eligible recipient having an application ap-
proved under section 12413(c) the Federal share of
the cost of the activities described in the application.
496
‘‘(2) SPECIAL
RULE.—(A) Grants awarded
under this subpart shall be of sufficient size, scope,
and quality to be effective.
‘‘(B) The Secretary shall award grants under
this subpart so as to ensure nonduplication of serv-
ices provided by grant recipients and services pro-
vided by—
‘‘(i) the National Endowment for the Hu-
manities;
‘‘(ii) the National Endowment for the Arts;
and
‘‘(iii) the Institute of Museum and Library
Services.
‘‘(b) COST SHARE.—
‘‘(1) FEDERAL SHARE.—The Federal share of a
grant under this subpart shall be 80 percent of the
cost of carrying out the activities described in the
application.
‘‘(2) NON-FEDERAL SHARE.—The non-Federal
share of a grant under this subpart shall be 20 per-
cent of the cost of carrying out the activities de-
scribed in the application and may be in cash or in
kind, fairly evaluated, including the provision of
equipment, services, or facilities.
‘‘(c) LIMITATIONS.—
497
‘‘(1) 
NONINSTRUCTIONAL
SERVICES.—Not
more than 25 percent of the grant funds provided in
any fiscal year under this subpart may be used for
noninstructional activities such as the activities de-
scribed in paragraphs (4), (5), and (12) of section
12413(a).
‘‘(2) SUPPLEMENT
AND
NOT
SUPPLANT.—
Grant funds awarded under this part shall be used
to supplement not supplant the amount of funds
made available from non-Federal sources, for the ac-
tivities assisted under this subpart, in amounts that
exceed the amounts expended for such activities in
the year preceding the year for which the grant is
awarded.
‘‘(3) ADMINISTRATIVE
COSTS.—(A) The Sec-
retary may reserve not more than five percent of the
grant funds received under this subpart in each fis-
cal year for the costs of administration.
‘‘(B) Each eligible recipient may reserve not
more than 5 percent of any grant funds received
under this subpart in each fiscal year for the costs
of administration.
‘‘SEC. 12415. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart, $45,000,000 for fiscal year 2001, and such
498
sums as may be necessary for each of the four succeeding
fiscal years.
‘‘PART E—INEXPENSIVE BOOK DISTRIBUTION
PROGRAM
‘‘SEC. 12501. INEXPENSIVE BOOK DISTRIBUTION PROGRAM
FOR READING MOTIVATION.
‘‘(a) AUTHORIZATION.—The Secretary is authorized
to enter into a contract with Reading is Fundamental
(RIF) (hereafter in this section referred to as ‘‘the con-
tractor’’) to support and promote programs, which include
the distribution of inexpensive books to students, that mo-
tivate children to read.
‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract
entered into under subsection (a) shall—
‘‘(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of
reading motivation programs that include the dis-
tribution of books, by gift, to the extent feasible, or
loan, to children from birth through secondary
school age, including those in family literacy pro-
grams;
499
‘‘(2) provide that funds made available to sub-
contractors will be used only to pay the Federal
share of the cost of such programs;
‘‘(3) provide that in selecting subcontractors for
initial funding, the contractor will give priority to
programs that will serve a substantial number or
percentage of children with special needs, such as—
‘‘(A) low-income children, particularly in
high-poverty areas;
‘‘(B) children at risk of school failure;
‘‘(C) children with disabilities;
‘‘(D) foster children;
‘‘(E) homeless children;
‘‘(F) migrant children;
‘‘(G) children without access to libraries;
‘‘(H) institutionalized or incarcerated chil-
dren; and
‘‘(I) children whose parents are institu-
tionalized or incarcerated;
‘‘(4) provide that the contractor will provide
such technical assistance to subcontractors as may
be necessary to carry out the purpose of this section;
‘‘(5) provide that the contractor will annually
report to the Secretary the number of, and describe,
programs funded under paragraph (3); and
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‘‘(6) include such other terms and conditions as
the Secretary determines to be appropriate to ensure
the effectiveness of such programs.
‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary
shall make no payment of the Federal share of the cost
of acquiring and distributing books under any contract
under this section unless the Secretary determines that
the contractor or subcontractor, as the case may be, has
made arrangements with book publishers or distributors
to obtain books at discounts at least as favorable as dis-
counts that are customarily given by such publisher or dis-
tributor for book purchases made under similar cir-
cumstances in the absence of Federal assistance.
‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the
purpose of this section, the term ‘Federal share’ means,
with respect to the cost to a subcontractor of purchasing
books to be paid under this section, 75 percent of such
costs to the subcontractor, except that the Federal share
for programs serving children of migrant or seasonal
farmworkers shall be 100 percent of such costs to the sub-
contractor.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $10,300,000 for fiscal year 2001 and
501
such sums as may be necessary for each of the four suc-
ceeding fiscal years.
‘‘PART F—CIVIC EDUCATION
‘‘SEC. 12601. INSTRUCTION ON THE HISTORY AND PRIN-
CIPLES OF DEMOCRACY IN THE UNITED
STATES.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) PROGRAM
ESTABLISHED.—(A) The Sec-
retary is authorized to carry out a program to en-
hance the attainment of the third and sixth National
Education Goals by educating students about the
history and principles of the Constitution of the
United States, including the Bill of Rights, and to
foster civic competence and responsibility.
‘‘(B) Such program shall be known as ‘We the
People . . . The Citizen and the Constitution’.
‘‘(2) EDUCATIONAL ACTIVITIES.—The program
required by paragraph (1) shall—
‘‘(A) continue and expand the educational
activities of the ‘We the People . . . The Cit-
izen and the Constitution’ program adminis-
tered by the Center for Civic Education; and
‘‘(B) enhance student attainment of chal-
lenging content standards in civics and govern-
ment.
502
‘‘(3) CONTRACT OR GRANT AUTHORIZED.—The
Secretary is authorized to award a grant or enter
into a contract with the Center for Civic Education
to carry out the program described in paragraph (1).
‘‘(b) PROGRAM CONTENT.—The education program
authorized by this section shall provide—
‘‘(1) a course of instruction on the basic prin-
ciples of our Nation’s constitutional democracy and
the history of the Constitution and the Bill of
Rights;
‘‘(2) at the request of a participating school,
school and community simulated congressional hear-
ings following the course of study; and
‘‘(3) an annual national competition of simu-
lated congressional hearings for secondary students
who wish to participate in such program.
‘‘(c) AVAILABILITY
OF PROGRAM.—The education
program authorized by this section shall be made available
to public and private elementary and secondary schools in
the 435 congressional districts, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the District of Columbia.
‘‘(d) SPECIAL RULE.—After the provisions of sub-
section (b) have been implemented, funds provided under
this section may be used for—
503
‘‘(1) advanced training of teachers about the
United States Constitution and the political system
the United States created; or
‘‘(2) a course of instruction at the middle
school level on the roles of State and local govern-
ments in the Federal system established by the Con-
stitution, which course shall provide for—
‘‘(A) optional school and community simu-
lated State legislative hearings;
‘‘(B) an annual competition of simulated
legislative hearings at the State legislative dis-
trict, State, and national levels for middle
school students who wish to participate in the
program; and
‘‘(C) participation by public and private
middle schools in the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands,
and the Commonwealth of the Northern Mar-
iana Islands.
‘‘SEC. 12602. INSTRUCTION IN CIVICS, GOVERNMENT, AND
THE LAW.
‘‘(a) PROGRAM ESTABLISHED.—The Secretary is au-
thorized to carry out a program of awarding grants and
contracts to assist State and local educational agencies
504
and other public and private nonprofit agencies, organiza-
tions, and institutions to enhance—
‘‘(1) attainment by students of challenging
State content standards and challenging State stu-
dent performance standards in civics, government,
and the law; and
‘‘(2) attainment by the Nation of the third and
the sixth National Education Goals.
‘‘(b) AUTHORIZED ACTIVITIES.—Assistance under
this section may support new and ongoing programs in
elementary and secondary schools that provide for—
‘‘(1) the development and implementation of
curricular programs that enhance student under-
standing of—
‘‘(A) the values and principles which un-
derlie, and the institutions and processes which
comprise, our Nation’s system of government;
‘‘(B) the role of law in our constitutional
democracy, including activities to promote—
‘‘(i) legal literacy;
‘‘(ii) a dedication by students to the
use of nonviolent means of conflict resolu-
tion such as arbitration, mediation, nego-
tiation, trials, and appellate hearings; and
505
‘‘(iii) respect for cultural diversity and
acceptance of cultural differences; and
‘‘(C) the rights and responsibilities of citi-
zenship;
‘‘(2) professional development for teachers, in-
cluding preservice and inservice training;
‘‘(3) outside-the-classroom learning experiences
for students, including community service activities;
‘‘(4) the active participation of community lead-
ers, from the public and private sectors, in the
schools; and
‘‘(5) the provision of technical assistance to
State and local educational agencies and other insti-
tutions and organizations working to further the
progress of the Nation in attaining the third and
sixth National Education Goals regarding civics and
government.
‘‘(c) APPLICATIONS, PEER REVIEW AND PRIORITY.—
‘‘(1) SUBMISSION OF APPLICATIONS.—A State
or local educational agency, other public or private
nonprofit agency, organization, or institution that
desires to receive a grant or enter into a contract
under this section shall submit an application to the
Secretary at such time, in such manner, and con-
506
taining or accompanied by such information as the
Secretary may reasonably require.
‘‘(2) PEER REVIEW.—(A) The Secretary shall
convene a panel of individuals for purpose of review-
ing and rating applications submitted under para-
graph (1).
‘‘(B) Such individuals shall have experience
with education programs in civics, government, and
the law.
‘‘(3) PRIORITY.—In awarding grants or award-
ing contracts under this section, the Secretary shall
give priority consideration to applications which pro-
pose the operation of statewide programs.
‘‘(d) DURATION OF GRANTS AND EXCEPTION.—
‘‘(1) DURATION.—Except as provided in para-
graph (2), the Secretary shall award grants and con-
tracts under this section for periods of two or three
years.
‘‘(2) EXCEPTION.—The Secretary may award a
grant or a contract under this section for a period
of less than 2 years if the Secretary determines that
special circumstances exist which warrant a 1-year
grant or contract award.
507
‘‘SEC. 12603. REPORT; AUTHORIZATION OF APPROPRIA-
TIONS.
‘‘(a) REPORT.—The Secretary shall report, on a bien-
nial basis to the Committee on Education and Labor of
the House of Representatives and to the Committee on
Labor and Human Resources of the Senate regarding the
distribution and use of funds authorized under this part.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out this part $15,000,000 for
fiscal year 2001 and such sums as may be necessary
for each of the four succeeding fiscal years.
‘‘(2) ALLOCATION.—Except as provided in
paragraph (3), from the amount appropriated under
subsection (a), the Secretary shall allocate—
‘‘(A) 40 percent of such amount to carry
out section 12601; and
‘‘(B) 60 percent of such amount to carry
out section 12602.
‘‘(3) SPECIAL RULE.—From funds appropriated
under paragraph (1), the Secretary shall make avail-
able for fiscal year 2001 and each succeeding fiscal
year thereafter for the programs under sections
12101 and 12102 not less than the amount made
available for fiscal year 1994 to carry out such pro-
grams under sections 4609 and 1562, respectively,
508
of this Act (as such sections were in effect on the
day preceding the date of enactment of the Improv-
ing America’s Schools Act of 1994).
‘‘PART G—ALLEN J. ELLENDER FELLOWSHIP
PROGRAM
‘‘SEC. 12701. FINDINGS.
‘‘The Congress finds as follows:
‘‘(1) It is a worthwhile goal to ensure that all
students in America are prepared for responsible
citizenship and that all students should have the op-
portunity to be involved in activities that promote
and demonstrate good citizenship.
‘‘(2) It is a worthwhile goal to ensure that
America’s educators have access to programs for the
continued improvement of their professional skills.
‘‘(3) Allen J. Ellender, a Senator from Lou-
isiana and President pro tempore of the United
States Senate, had a distinguished career in public
service characterized by extraordinary energy and
real concern for young people. Senator Ellender pro-
vided valuable support and encouragement to the
Close Up Foundation, a nonpartisan, nonprofit foun-
dation promoting knowledge and understanding of
the Federal Government among young people and
educators. Therefore, it is a fitting and appropriate
509
tribute to Senator Ellender to provide fellowships in
his name to students of limited economic means, the
teachers who work with such students, and older
Americans, so that such students, teachers, and
older Americans may participate in the programs
supported by the Close Up Foundation.
‘‘Subpart 1—Program for Middle and Secondary
School Students
‘‘SEC. 12711. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is au-
thorized to make grants in accordance with the provisions
of this subpart to the Close Up Foundation of Wash-
ington, District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the Close Up
Foundation in carrying out its programs of increasing un-
derstanding of the Federal Government among middle and
secondary school students.
‘‘(b) USE OF FUNDS.—Grants under this subpart
shall be used only to provide financial assistance to eco-
nomically disadvantaged students who participate in the
program described in subsection (a). Financial assistance
received pursuant to this subpart by such students shall
be known as Allen J. Ellender fellowships.
510
‘‘SEC. 12712. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Each such appli-
cation shall contain provisions to assure—
‘‘(1) that fellowship grants are made to eco-
nomically disadvantaged middle and secondary
school students;
‘‘(2) that every effort will be made to ensure
the participation of students from rural and small
town areas, as well as from urban areas, and that
in awarding fellowships to economically disadvan-
taged students, special consideration will be given to
the participation of students with special educational
needs, including student with disabilities, ethnic mi-
nority students, and gifted and talented students;
and
‘‘(3) the proper disbursement of the funds re-
ceived under this subpart.
‘‘Subpart 2—Program for Middle and Secondary
School Teachers
‘‘SEC. 12721. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is au-
thorized to make grants in accordance with the provisions
511
of this subpart to the Close Up Foundation of Wash-
ington, District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the Close Up
Foundation in carrying out its programs of teaching skills
enhancement for middle and secondary school teachers.
‘‘(b) USE OF FUNDS.—Grants under this subpart
shall be used only for financial assistance to teachers who
participate in the program described in subsection (a). Fi-
nancial assistance received pursuant to this subpart by
such individuals shall be known as Allen J. Ellender fel-
lowships.
‘‘SEC. 12722. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Each such appli-
cation shall contain provisions to assure—
‘‘(1) that fellowship grants are made only to
teachers who have worked with at least one student
from such teacher’s school who participates in the
programs described in section 12711(a);
‘‘(2) that not more than one teacher in each
school participating in the programs provided for in
512
section 12711(a) may receive a fellowship in any fis-
cal year; and
‘‘(3) the proper disbursement of the funds re-
ceived under this subpart.
‘‘Subpart 3—Programs for Recent Immigrants,
Students of Migrant Parents and Older Americans
‘‘SEC. 12731. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to make grants in accordance with the provisions of
this subpart to the Close Up Foundation of Wash-
ington, District of Columbia, a nonpartisan, non-
profit foundation, for the purpose of assisting the
Close Up Foundation in carrying out its programs
of increasing understanding of the Federal Govern-
ment among economically disadvantaged older Amer-
icans, recent immigrants and students of migrant
parents.
‘‘(2) DEFINITION.—For the purpose of this
subpart, the term ‘older American’ means an indi-
vidual who has attained 55 years of age.
‘‘(b) USE OF FUNDS.—Grants under this subpart
shall be used for financial assistance to economically dis-
advantaged older Americans, recent immigrants and stu-
dents of migrant parents who participate in the program
513
described in subsection (a). Financial assistance received
pursuant to this subpart by such individuals shall be
known as Allen J. Ellender fellowships.
‘‘SEC. 12732. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Except such ap-
plication shall contain provisions to assure—
‘‘(1) that fellowship grants are made to eco-
nomically disadvantaged older Americans, recent im-
migrants and students of migrant parents;
‘‘(2) that every effort will be made to ensure
the participation of older Americans, recent immi-
grants and students of migrant parents from rural
and small town areas, as well as from urban areas,
and that in awarding fellowships, special consider-
ation will be given to the participation of older
Americans, recent immigrants and students of mi-
grant parents with special needs, including individ-
uals with disabilities, ethnic minorities, and gifted
and talented students;
‘‘(3) that activities permitted by subsection (a)
are fully described; and
514
‘‘(4) the proper disbursement of the funds re-
ceived under this subpart.
‘‘Subpart 4—General Provisions
‘‘SEC. 12741. ADMINISTRATIVE PROVISIONS.
‘‘(a) GENERAL RULE.—Payments under this part
may be made in installments, in advance, or by way of
reimbursement, with necessary adjustments on account of
underpayment or overpayment.
‘‘(b) AUDIT RULE.—The Comptroller General of the
United States or any of the Comptroller General’s duly
authorized representatives shall have access for the pur-
pose of audit and examination to any books, documents,
papers, and records that are pertinent to any grant under
this part.
‘‘SEC. 12742. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out the provisions of subparts 1, 2,
and 3 of this part $4,400,000 for fiscal year 2001 and
such sums as may be necessary of each of the four suc-
ceeding fiscal years.
‘‘(b) SPECIAL RULE.—Of the funds appropriated
pursuant to subsection (a), not more than 30 percent may
be used for teachers associated with students participating
in the programs described in section 12711(a).