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‘‘SEC. 5204. APPLICATION.
‘‘(a) APPLICATION REQUIRED.—
‘‘(1) IN GENERAL.—A grant under this part may
be made only to a local educational agency or an edu-
cational partnership which submits an application to
the Secretary containing such information as may be
required by the Secretary by regulation.
‘‘(2) DURATION.—Each such application shall be
for a 3-year period.
‘‘(b) CONTENTS.—Each such application shall—
‘‘(1) provide documentation of—
‘‘(A) the number of children who were en-
rolled in the schools of the applicant for the 5
academic years prior to the date application is
made who have not completed their elementary
or secondary education and who are classified as
school dropouts; and
‘‘(B) the percentage that such number of
children is of the total school-age population in
the applicant’s schools;
‘‘(2) include a plan for the development and im-
plementation of a school dropout information collec-
tion and reporting system for documenting the extent
and nature of the dropout problem, which system
shall collect and cross tabulate data, where feasible, by
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sex according to race or ethnicity and socioeconomic
status;
‘‘(3) include a plan for coordinated activities in-
volving at least 1 secondary school and its feeder jun-
ior high or middle schools and elementary schools for
local educational agencies that have feeder systems;
‘‘(4) when applicable, describe how programs as-
sisted under this part will be coordinated with, and
not duplicate, programs assisted under title I;
‘‘(5) include a description of how the program
assisted under this part is consistent with the second
National Education Goal and other Federal programs
as appropriate; and
‘‘(6) contain such other information as the Sec-
retary considers necessary to determine the nature of
the local needs, the quality of the proposed project,
and the capability of the applicant to carry out the
project.
‘‘(c) PRIORITY.—The Secretary shall, in approving ap-
plications under this section, give priority to applications
which both show the replication of successful programs con-
ducted in other local educational agencies or the expansion
of successful programs within a local educational agency
and reflect very high numbers or very high percentages of
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school dropouts in the schools of the applicant in each cat-
egory described in section 5203(a).
‘‘(d) SPECIAL CONSIDERATION.—The Secretary shall
give additional special consideration to applications that
include—
‘‘(1) provisions which emphasize early interven-
tion services designed to identify at-risk students in
elementary or early secondary schools; and
‘‘(2) provisions for significant parental involve-
ment.
‘‘(e) GRANTS
FOR NEW GRANTEES.—In awarding
grants under this part the Secretary shall utilize only those
priorities and special considerations described in sub-
sections (c) and (d).
‘‘SEC. 5205. AUTHORIZED ACTIVITIES.
‘‘Grants under this part shall be used to carry out
plans set forth in applications approved under section 5204.
In addition, grants may be used for educational, occupa-
tional, and basic skills testing services and activities, in-
cluding, but not limited to—
‘‘(1) the establishment of systemwide or school-
level policies, procedures, and plans for dropout pre-
vention and school reentry;
‘‘(2) the development and implementation of ac-
tivities, including extended day or summer programs,
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designed to address poor achievement, basic skills de-
ficiencies, language deficiencies, or course failures, in
order to assist students at risk of dropping out of
school and students reentering school;
‘‘(3) the establishment or expansion of work-
study, apprentice, or internship programs;
‘‘(4) the use of resources of the community, in-
cluding contracting with public or private entities or
community-based organizations of demonstrated per-
formance, to provide services to the grant recipient or
the target population;
‘‘(5) the evaluation and revision of program
placement of students at risk;
‘‘(6) the evaluation of program effectiveness of
dropout programs;
‘‘(7) the development and implementation of pro-
grams for traditionally underserved groups of stu-
dents;
‘‘(8) the implementation of activities which will
improve student motivation and the school learning
environment;
‘‘(9) the provision of training for school person-
nel on strategies and techniques designed to—
‘‘(A) identify children at risk of dropping
out;
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‘‘(B) intervene in the instructional program
with support and remedial services;
‘‘(C) develop realistic expectations for stu-
dent performance; and
‘‘(D) improve student-staff interactions;
‘‘(10) the study of the relationship between drugs
and dropouts and between youth gangs and dropouts,
and the coordination of dropout prevention and re-
entry programs with appropriate drug prevention
and community organizations for the prevention of
youth gangs;
‘‘(11) the study of the relationship between dis-
abling conditions and student dropouts;
‘‘(12) the study of the relationship between the
dropout rate for gifted and talented students com-
pared to the dropout rate for the general student en-
rollment;
‘‘(13) the use of educational telecommunications
and broadcasting technologies and educational mate-
rials designed to extend, motivate, and reinforce
school, community, and home dropout prevention and
reentry activities;
‘‘(14) the development and implementation of ef-
forts to identify and address factors in a student’s de-
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cision to drop out of school that are related to gender
and family roles;
‘‘(15) the provision of other educational, occupa-
tional and testing services and activities which di-
rectly relate to the purpose of this part;
‘‘(16) activities which offer jobs and college ad-
missions for successful completion of the program for
which assistance is sought;
‘‘(17) summer employment programs;
‘‘(18) occupational training programs;
‘‘(19) career opportunity and skills counseling;
‘‘(20) job placement services;
‘‘(21) the development of skill employment com-
petency testing programs;
‘‘(22) special school staff training projects; and
‘‘(23) mentoring programs.
‘‘SEC. 5206. DISTRIBUTION OF ASSISTANCE; LIMITATION
ON COSTS.
‘‘(a) DISTRIBUTION OF ASSISTANCE.—The Secretary
shall ensure that, to the extent practicable, in approving
grant applications under this part—
‘‘(1) grants are equitably distributed on a geo-
graphic basis within each category set forth in section
5203(a);
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‘‘(2) the amount of a grant to a local educational
agency for a fiscal year is proportionate to the extent
and severity of the local school dropout problem;
‘‘(3) not less than 30 percent of the amount
available for grants in each fiscal year is used for ac-
tivities relating to school dropout prevention; and
‘‘(4) not less than 30 percent of the amount
available for grants in each fiscal year is used for ac-
tivities relating to persuading school dropouts to re-
turn to school and assisting former school dropouts
with specialized services once school dropouts return
to school.
‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of any grant made under this part may be used for
administrative costs.
‘‘SEC. 5207. REPORTS.
‘‘(a) ANNUAL REPORTS.—The Secretary shall submit
to the Congress a report by January 1 of each year, begin-
ning on January 1, 1995, which sets forth the progress of
the Commissioner of Education Statistics, established under
section 14003(b), to implement a definition and data collec-
tion process for school dropouts in elementary and second-
ary schools, including statistical information for the num-
ber and percentage of elementary and secondary school stu-
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dents by race and ethnic origin who drop out of school each
year including dropouts—
‘‘(1) throughout the Nation by rural and urban
location as defined by the Secretary; and
‘‘(2) in each of the individual States and the
District of Columbia.
‘‘(b) RECOMMENDATIONS.—The report under sub-
section (a) shall also contain recommendations on ways in
which the Federal Government, States and localities can
further support the implementation of an effective methodol-
ogy to accurately measure dropout and retention rates on
the national, State, and local levels.
‘‘SEC. 5208. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $50,000,000
for fiscal year 1995, and such sums as may be necessary
for each of the 4 succeeding fiscal years, to carry out this
part.
‘‘TITLE VI—INDIAN EDUCATION
‘‘SEC. 6001. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults—
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‘‘(A) are based on high-quality, internation-
ally competitive content standards and student
performance standards and build on Indian cul-
ture and the Indian community;
‘‘(B) assist local educational agencies, In-
dian tribes, and other entities and individuals in
providing Indian students the opportunity to
achieve such standards; and
‘‘(C) meet the special educational and cul-
turally related academic needs of American In-
dian and Alaska Native students;
‘‘(2) since the date of enactment of the initial In-
dian Education Act in 1972, the level of involvement
of Indian parents in the planning, development, and
implementation of educational programs that affect
such parents and their children has increased signifi-
cantly, and schools should continue to foster such in-
volvement;
‘‘(3) although the number of Indian teachers, ad-
ministrators, and university professors has increased
since 1972, teacher training programs are not recruit-
ing, training, or retraining a sufficient number of In-
dian individuals as educators to meet the needs of a
growing Indian student population in elementary,
secondary, vocational, adult, and higher education;
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‘‘(4) the dropout rate for Indian students is un-
acceptably high, for example, nine percent of Indian
students who were eighth graders in 1988 had already
dropped out of school by 1990;
‘‘(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below
the poverty level increased from 24 percent to 31 per-
cent, and the readiness of Indian children to learn is
hampered by the high incidence of poverty, unemploy-
ment, and health problems among Indian children
and their families; and
‘‘(6) research related specifically to the education
of Indian children and adults is very limited, and
much of the research is of poor quality or is focused
on limited local or regional issues.
‘‘SEC. 6002. PURPOSE.
‘‘(a) PURPOSE.—It is the purpose of this title to sup-
port the efforts of local educational agencies, Indian tribes
and organizations, postsecondary institutions, and other
entities to meet the special educational and culturally relat-
ed academic needs of American Indians and Alaska Na-
tives, so that such students can achieve to the same challeng-
ing State performance standards expected of all students.
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‘‘(b) PROGRAMS.—This title carries out the purpose de-
scribed in subsection (a) by authorizing programs of direct
assistance for—
‘‘(1) meeting the special educational and cul-
turally related academic needs of American Indians
and Alaska Natives;
‘‘(2) the education of Indian children and adults;
‘‘(3) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
‘‘(4) research, evaluation, data collection, and
technical assistance.
‘‘PART A—FORMULA GRANTS TO LOCAL
EDUCATIONAL AGENCIES
‘‘SEC. 6101. PURPOSE.
‘‘It is the purpose of this part to support local edu-
cational agencies in their efforts to reform elementary and
secondary school programs that serve Indian students in
order to ensure that such programs—
‘‘(1) are based on challenging State content
standards and State student performance standards
that are used for all students; and
‘‘(2) are designed to assist Indian students meet
those standards and assist the Nation in reaching the
National Education Goals.
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‘‘SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) IN GENERAL.—A local educational agency shall
be eligible for a grant under this part for any fiscal year
if the number of Indian children who are eligible under sec-
tion 6106 and were enrolled in the schools of such agency
and to whom the agency provided a free public education,
during the preceding fiscal year—
‘‘(1) was at least 10; or
‘‘(2) constituted not less than 25 percent of the
total number of individuals enrolled in the schools of
such agency.
‘‘(b) INDIAN TRIBES.—If a local educational agency
that is eligible for a grant under this part does not apply
for such grant, an Indian tribe that has children who are
served by such local educational agency may apply for such
grant.
‘‘SEC. 6103. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANT AWARDS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall al-
locate to each local educational agency with respect to
which the Secretary has approved an application
under this part an amount equal to the product of—
‘‘(A) the number of Indian children who are
eligible under section 6106 and served by such
agency; and
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‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure
of the State in which such agency is located;
or
‘‘(ii) 80 percent of the average per-
pupil expenditure in the United States.
‘‘(2) REDUCTION.—The Secretary shall reduce
the amount of each allocation determined under para-
graph (1) in accordance with subsection (e).
‘‘(b) MINIMUM GRANT.—A local educational agency or
an Indian tribe (as authorized under section 6102(b)) that
is eligible for a grant under section 6102, and a school that
is operated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (d), that sub-
mits an application that is approved by the Secretary,
shall, subject to appropriations, receive a grant under this
part in an amount that is not less than $4,000.
‘‘(c) DEFINITION.—For the purpose of this section, the
average per-pupil expenditure of a State shall be an amount
equal to—
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the State,
plus any direct current expenditures by the State for
the operation of such agencies, without regard to the
sources of funds from which such local or State ex-
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penditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
‘‘(2) the aggregate number of children who were
included in average daily attendance for whom such
agencies provided free public education during such
preceding fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU-
REAU OF INDIAN AFFAIRS.—
‘‘(1) IN GENERAL.—In addition to the grants
awarded under subsection (a), and subject to para-
graph (2), the Secretary shall allocate to the Secretary
of the Interior an amount equal to the product of—
‘‘(A) the total number of Indian children
enrolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organiza-
tion controlled or sanctioned by an Indian
tribal government, for the children of such
tribe under a contract with, or grant from,
the Department of the Interior under the
Indian Self-Determination Act or the Trib-
ally Controlled Schools Act of 1988 (part B
of title V of the Augustus F. Hawkins-Rob-
ert T. Stafford Elementary and Secondary
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School Improvement Amendments of 1988);
and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure
of the State in which the school is located;
or
‘‘(ii) 80 percent of the average per-
pupil expenditure in the United States.
‘‘(2) TRANSFER.— The Secretary shall transfer
the amount determined under paragraph (1), subject
to any reduction that may be necessary under sub-
section (e), to the Secretary of the Interior in accord-
ance with, and subject to, section 10205.
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 6602(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a)(1) and for the Sec-
retary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
‘‘SEC. 6104. APPLICATIONS.
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant 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.
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‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each
application submitted under subsection (a) shall include a
comprehensive program for meeting the needs of Indian
children served by the local educational agency, including
the language and cultural needs of the children, that—
‘‘(1) provides programs and activities to meet the
culturally related academic needs of American Indian
and Alaska Native students;
‘‘(2) explains how Federal, State, and local pro-
grams, especially programs under title I, will meet
the needs of such children;
‘‘(3) demonstrates how funds made available
under this part will be used for activities described in
section 6105;
‘‘(4) describes the professional development op-
portunities that will be provided, as needed, to ensure
that—
‘‘(A) teachers and other school professionals
who are new to the Indian community are pre-
pared to work with Indian children; and
‘‘(B) all teachers who will be involved in the
program assisted under this part have been
properly trained to carry out such program; and
‘‘(5) describes how the local educational agen-
cy—
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‘‘(A) will periodically assess the progress of
all Indian children enrolled in the schools of the
local educational agency, including Indian chil-
dren who do not participate in programs as-
sisted under this part, in meeting the goals de-
scribed in paragraph (2);
‘‘(B) will provide the results of each assess-
ment referred to in subparagraph (A) to—
‘‘(i) the committee of parents described
in subsection (c)(4); and
‘‘(ii) the community served by the local
educational agency; and
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the assess-
ments described in subparagraph (A).
‘‘(c) 
ASSURANCES.—Each 
application 
submitted
under subparagraph (a) shall include assurances that—
‘‘(1) the local educational agency will use funds
received under this part only to supplement the level
of funds that, in the absence of the Federal funds
made available under this part, such agency would
make available for the education of Indian children,
and not to supplant such funds;
‘‘(2) the local educational agency will submit
such reports to the Secretary, in such form and con-
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taining such information, as the Secretary may re-
quire to—
‘‘(A) carry out the functions of the Sec-
retary under this part; and
‘‘(B) determine the extent to which funds
provided to the local educational agency under
this part are effective in improving the edu-
cational achievement of Indian students served
by such agency;
‘‘(3) the program for which assistance is
sought—
‘‘(A) is based on a local assessment and
prioritization of the special educational and cul-
turally related academic needs of the American
Indian and Alaska Native students for whom the
local educational agency is providing an edu-
cation;
‘‘(B) will use the best available talents and
resources, including individuals from the Indian
community; and
‘‘(C) was developed by such agency in open
consultation with parents of Indian children and
teachers, and, if appropriate, Indian students
from secondary schools, including public hear-
ings held by such agency to provide the individ-
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uals described in this subparagraph a full oppor-
tunity to understand the program and to offer
recommendations regarding the program; and
‘‘(4) the local educational agency developed the
program with the participation and written approval
of a committee—
‘‘(A) that is composed of, and selected by—
‘‘(i) Indian parents of Indian children
in the schools of the local educational agen-
cy, and teachers; and
‘‘(ii) if appropriate, Indian students
attending secondary schools;
‘‘(B) the membership of which is at least
three-fourths Indian parents of Indian children;
‘‘(C) that sets forth such policies and proce-
dures, including policies and procedures relating
to the hiring of personnel, as will ensure that the
program for which assistance is sought will be
operated and evaluated in consultation with, and
with the involvement of, parents of the children,
and representatives of the area, to be served;
‘‘(D) with respect to an application describ-
ing a schoolwide program in accordance with
section 6105(c), has—
‘‘(i) reviewed the program; and
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‘‘(ii) determined that the program will
not diminish the availability of culturally
related activities for American Indians and
Alaskan Native students; and
‘‘(E) has adopted reasonable bylaws for the
conduct of the activities of the committee and
abides by such bylaws.
‘‘SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL
REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this part shall
use the grant funds, in a manner consistent with the pur-
pose specified in section 6101, for services and activities
that—
‘‘(1) are designed to carry out the comprehensive
plan of the local educational agency for Indian stu-
dents, and described in the application of the local
educational agency submitted to the Secretary under
section 6104(b);
‘‘(2) are designed with special regard for the lan-
guage and cultural needs of the Indian students; and
‘‘(3) supplement and enrich the regular school
program of such agency.
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include—
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‘‘(1) culturally related activities that support the
program described in the application submitted by
the local educational agency;
‘‘(2) early childhood and family programs that
emphasize school readiness;
‘‘(3) enrichment programs that focus on problem-
solving and cognitive skills development and directly
support the attainment of challenging State content
standards and State student performance standards;
‘‘(4) integrated educational services in combina-
tion with other programs that meet the needs of In-
dian children and their families;
‘‘(5) school-to-work transition activities to enable
Indian students to participate in programs such as
the programs supported by the School-to-Work Oppor-
tunities Act of 1994 and the Carl D. Perkins Voca-
tional and Applied Technology Education Act, in-
cluding 
programs 
for 
technical 
preparation,
mentoring, and apprenticeship;
‘‘(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse; and
‘‘(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to meet the
purpose described in section 6101.
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‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any
other provision of law, a local educational agency may use
funds made available to the agency under this part to sup-
port a schoolwide program under section 1114 if—
‘‘(1) at least 50 percent of the enrollment of the
school that is the subject of the schoolwide program is
comprised of Indian children;
‘‘(2) the committee composed of parents estab-
lished pursuant to section 6104(c)(4) approves the use
of the funds for the schoolwide program; and
‘‘(3) the schoolwide program is consistent with
the purpose described in section 6101.
‘‘SEC. 6106. STUDENT ELIGIBILITY AND FORMS.
‘‘(a) IN GENERAL.—The Secretary shall require that,
as part of an application for a grant under this part, each
applicant shall maintain a file, with respect to each Indian
child for whom the local educational agency provides a free
public education, that contains a form that sets forth infor-
mation establishing the status of the child as an Indian
child eligible for assistance under this part and that other-
wise meets the requirements of subsection (b).
‘‘(b) FORMS.—
‘‘(1) IN GENERAL.—The form described in sub-
section (a) shall include—
‘‘(A) either—
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‘‘(i)(I) the name of the tribe or band of
Indians (as defined in section 6601(4)) with
respect to which the child claims member-
ship;
‘‘(II) the enrollment number establish-
ing the membership of the child (if readily
available); and
‘‘(III) the name and address of the or-
ganization that maintains updated and ac-
curate membership data for such tribe or
band of Indians; or
‘‘(ii) if the child is not a member of a
tribe or band of Indians, the name, the en-
rollment number (if readily available), and
the organization (and address thereof) re-
sponsible for maintaining updated and ac-
curate membership rolls of any parent or
grandparent of the child from whom the
child claims eligibility;
‘‘(B) a statement of whether the tribe or
band of Indians with respect to which the child,
parent or grandparent of the child claims mem-
bership is federally recognized;
‘‘(C) the name and address of the parent or
legal guardian of the child;
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‘‘(D) a signature of the parent or legal
guardian of the child that verifies the accuracy
of the information supplied; and
‘‘(E) any other information that the Sec-
retary considers necessary to provide an accurate
program profile.
‘‘(2) MINIMUM
INFORMATION.—In order for a
child to be eligible to be counted for the purpose of
computing the amount of a grant award made under
section 6103, an eligibility form prepared pursuant to
this section for a child shall include—
‘‘(A) the name of the child;
‘‘(B) the name of the tribe or band of Indi-
ans (as defined in section 6601(4)) with respect
to which the child claims eligibility; and
‘‘(C) the dated signature of the parent or
guardian of the child.
‘‘(3) FAILURE.—The failure of an applicant to
furnish any information described in this subsection
other than the information described in paragraph
(2) with respect to any child shall have no bearing on
the determination of whether the child is an eligible
Indian child for the purposes of determining the
amount of a grant award made under section 6103.
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‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this
subsection shall be construed to affect a definition contained
in section 6601.
‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms
and the standards of proof (including the standard of good
faith compliance) that were in use during the 1985–1986
academic year to establish the eligibility of a child for enti-
tlement under the Indian Elementary and Secondary
School Assistance Act shall be the forms and standards of
proof used—
‘‘(1) to establish such eligibility; and
‘‘(2) to meet the requirements of subsection (a).
‘‘(e) DOCUMENTATION.—For purposes of determining
whether a child is eligible to be counted for the purpose of
computing the amount of a grant under section 6103, the
membership of the child, or any parent or grandparent of
the child, in a tribe or band of Indians may be established
by proof other than an enrollment number, notwithstanding
the availability of an enrollment number for a member of
such tribe, band, or group. Nothing in subsection (b) shall
be construed to require the furnishing of an enrollment
number.
‘‘(f) MONITORING AND EVALUATION REVIEW.—
‘‘(1) IN GENERAL.—(A) For each fiscal year, in
order to provide such information as is necessary to
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carry out the responsibility of the Secretary to pro-
vide technical assistance under this part, the Sec-
retary shall conduct a monitoring and evaluation re-
view of a sampling of the recipients of grants under
this part. The sampling conducted under this sub-
paragraph shall take into account size of the local
educational agency and the geographic location of
such agency.
‘‘(B) Notwithstanding any other provision of
law, a local educational agency may not be held liable
to the United States or be subject to any penalty, by
reason of the findings of an audit that relates to the
date of completion, or the date of submission, of any
forms used to establish, before April 28, 1988, the eli-
gibility of a child for entitlement under the Indian
Elementary and Secondary School Assistance Act.
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an
application for a grant under this subpart shall—
‘‘(A) be ineligible to apply for any other
grant under this part; and
‘‘(B) be liable to the United States for any
funds provided to the local educational agency
that have not been expended.
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‘‘(3) EXCLUDED CHILDREN.—A student who pro-
vides false information for the form required under
subsection (d) shall not be counted for the purpose of
computing the amount of a grant under section 6103.
‘‘(g) DISTRIBUTION.—For the purposes of the distribu-
tion of funds under this part to schools that receive funding
from the Bureau of Indian Affairs pursuant to—
‘‘(1) section 1130 of the Education Amendments
of 1978; and
‘‘(2) the Act of April 16, 1934 (48 Stat. 596,
chapter 147),
the Secretary shall, in lieu of meeting the requirements of
this section for counting Indian children, use a count of
the number of students in such schools certified by the Bu-
reau of Indian Affairs.
‘‘SEC. 6107. PAYMENTS.
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c),
the Secretary shall pay to each local educational agency
that submits an application that is approved by the Sec-
retary under this part the amount determined under section
6103. The Secretary shall notify the local educational agen-
cy of the amount of the payment not later than June 1
of the year for which the Secretary makes the payment.
‘‘(b) PAYMENTS
TAKEN
INTO
ACCOUNT
BY
THE
STATE.—The Secretary may not make a grant under this
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part to a local educational agency for a fiscal year if, for
such fiscal year, the State in which the local educational
agency is located takes into consideration payments made
under this part (or under subpart 1 of the Indian Edu-
cation Act of 1988) in determining the eligibility of the
local educational agency for State aid, or the amount of
the State aid, with respect to the free public education of
children during such fiscal year or the preceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAIN-
TAIN FISCAL EFFORT.—
‘‘(1) IN GENERAL.—The Secretary may not pay
a local educational agency the full amount of a grant
award determined under section 6103 for any fiscal
year unless the State educational agency notifies the
Secretary, and the Secretary determines, that with re-
spect to the provision of free public education by the
local educational agency for the preceding fiscal year,
the combined fiscal effort of the local educational
agency, computed on either a per student or aggregate
expenditure basis was not less than 90 percent of the
amount of the combined fiscal effort, computed on the
same basis, for the second preceding fiscal year.
‘‘(2) FAILURE.—If, for any fiscal year, the Sec-
retary determines that a local educational agency
failed to maintain the fiscal effort of such agency at
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the level specified in paragraph (1), the Secretary
shall—
‘‘(A) reduce the amount of the grant that
would otherwise be made to the agency under
this part in the exact proportion of such agency’s
failure to maintain its fiscal effort at such level;
and
‘‘(B) not use the reduced amount of the
agency’s expenditures for the preceding year to
determine compliance with paragraph (1) for
any succeeding fiscal year, but shall use the
amount of expenditures that would have been re-
quired to comply with paragraph (1).
‘‘(3) WAIVER.—(A) The Secretary may waive the
requirement of paragraph (1), for not more than one
year at a time, if the Secretary determines that the
failure to comply with such requirement is due to ex-
ceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen de-
cline in the agency’s financial resources.
‘‘(B) The Secretary shall not use the reduced
amount of such agency’s expenditures for the fiscal
year preceding the fiscal year for which a waiver is
granted to determine compliance with paragraph (1)
for any succeeding fiscal year, but shall use the
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amount of expenditures that would have been required
to comply with paragraph (1) in the absence of the
waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallocate,
in a manner that the Secretary determines will best carry
out the purpose of this part, any amounts that—
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary
determines will not be needed by such agencies to
carry out approved programs under this part; or
‘‘(2) otherwise become available for reallocation
under this part.
‘‘PART B—SPECIAL PROGRAMS AND PROJECTS
TO IMPROVE EDUCATIONAL OPPORTUNITIES
FOR INDIAN CHILDREN
‘‘SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN.
‘‘(a) PURPOSE.—
‘‘(1) IN GENERAL.—It is the purpose of this sec-
tion to support projects to develop, test, and dem-
onstrate the effectiveness of services and programs to
improve educational opportunities and achievement of
Indian children.
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‘‘(2) COORDINATION.—The Secretary shall take
such actions as are necessary to achieve the coordina-
tion of activities assisted under this part with—
‘‘(A) other programs funded under this Act;
and
‘‘(B) other Federal programs operated for
the benefit of American Indian and Alaska Na-
tive children.
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec-
tion, the term ‘eligible entity’ means a State educational
agency, local educational agency, Indian tribe, Indian or-
ganization, federally supported elementary and secondary
school for Indian students, Indian institution, including an
Indian institutions of higher education, or a consortium of
such institutions.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants to eligible entities to enable such entities to
carry out activities that meet the purpose specified in
subsection (a)(1), including—
‘‘(A) innovative programs related to the
educational needs of educationally deprived chil-
dren;
‘‘(B) educational services that are not avail-
able to such children in sufficient quantity or
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quality, including remedial instruction, to raise
the achievement of Indian children in one or
more of the core academic subjects as such sub-
jects are described in the third National Edu-
cation Goal described in section 102(3) of the
Goals 2000: Educate America Act;
‘‘(C) bilingual and bicultural programs and
projects;
‘‘(D) special health and nutrition services,
and other related activities, that address the spe-
cial health, social, and psychological problems of
Indian children;
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or
reenter school, and to increase the rate of second-
ary school graduation;
‘‘(F) comprehensive guidance, counseling,
and testing services;
‘‘(G) early childhood and kindergarten pro-
grams, including family-based preschool pro-
grams that emphasize school readiness and pa-
rental skills, and the provision of services to In-
dian children with disabilities;
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‘‘(H) partnership projects between local edu-
cational agencies and institutions of higher edu-
cation that allow secondary school students to
enroll in courses at the postsecondary level to aid
such students in the transition from secondary
school to postsecondary education;
‘‘(I) partnership projects between schools
and local businesses for school-to-work transition
programs designed to provide Indian youth with
the knowledge and skills the youth need to make
an effective transition from school to a first job
in a high-skill, high-wage career;
‘‘(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher education;
and
‘‘(K) other services that meet the purpose
described in subsection (a)(1).
‘‘(2) PRESERVICE
OR
INSERVICE
TRAINING.—
Preservice or inservice training of professional and
paraprofessional personnel may be a part of any pro-
gram assisted under this section.
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—
‘‘(1) GRANT REQUIREMENTS.—(A) The Secretary
may make multiyear grants under this section for the
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planning, development, pilot operation, or demonstra-
tion of any activity described in subsection (c) for a
period not to exceed 5 years.
‘‘(B) In making multiyear grants under this sec-
tion, the Secretary shall give priority to applications
that present a plan for combining two or more of the
activities described in subsection (c) over a period of
more than 1 year.
‘‘(C) The Secretary shall make a grant payment
to an eligible entity after the initial year of the
multiyear grant only if the Secretary determines that
the eligible entity has made substantial progress in
carrying out the activities assisted under the grant in
accordance with the application submitted under
paragraph (2) and any subsequent modifications to
such application.
‘‘(D)(i) In addition to awarding the multiyear
grants described in subparagraph (A), the Secretary
may award grants to eligible entities for the dissemi-
nation of exemplary materials or programs assisted
under this section.
‘‘(ii) The Secretary may award a dissemination
grant under this subparagraph if, prior to awarding
the grant, the Secretary determines that the material
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or program to be disseminated has been adequately
reviewed and has a demonstrated—
‘‘(I) educational merit; and
‘‘(II) the ability to be replicated.
‘‘(2) APPLICATION.—(A) Any eligible entity that
desires to receive a grant under this subsection shall
submit an application to the Secretary at such time
and in such manner as the Secretary may require.
‘‘(B) Each application submitted to the Sec-
retary under subparagraph (A) shall contain—
‘‘(i) a description of how parents of Indian
children and representatives of Indian tribes
have been, and will be, involved in developing
and implementing the activities for which assist-
ance is sought;
‘‘(ii) assurances that the applicant will par-
ticipate, at the request of the Secretary, in any
national evaluation of activities assisted under
this section; and
‘‘(iii) such other assurances and informa-
tion as the Secretary may reasonably require.
‘‘SEC. 6202. PROFESSIONAL DEVELOPMENT.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to increase the number of qualified Indian
individuals in professions that serve Indian people;
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‘‘(2) to provide training to qualified Indian in-
dividuals to enable such individuals to become teach-
ers, administrators, teacher aides, social workers, and
ancillary educational personnel; and
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in
paragraph (2).
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec-
tion, the term ‘eligible entity’ means—
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education;
‘‘(2) a State or local educational agency, in con-
sortium with an institutions of higher education; and
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education.
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to eligible entities having applica-
tions approved under this section to enable such entities to
carry out the activities described in subsection (d).
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used to provide support and training for
Indian individuals in a manner consistent with the
purposes of this section. Such activities may include
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continuing programs, symposia, workshops, con-
ferences, and direct financial support.
‘‘(2) SPECIAL RULES.—(A) For education per-
sonnel, the training received pursuant to a grant
under this section may be inservice or preservice
training.
‘‘(B) For individuals who are being trained to
enter any field other than education, the training re-
ceived pursuant to a grant under this section shall be
in a program that results in a graduate degree.
‘‘(e) APPLICATION.—
‘‘(1) IN GENERAL.—Each eligible entity desiring
a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner
and accompanied by such information, as the Sec-
retary may reasonably require.
‘‘(2) PREFERENCE.—In awarding grants under
this section, the Secretary shall give preference to ap-
plications describing programs that train Indian in-
dividuals.
‘‘(f) SPECIAL RULE.—In making grants under this
section, the Secretary—
‘‘(1) shall consider the prior performance of the
eligible entity; and
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‘‘(2) may not limit eligibility to receive a grant
under this section on the basis of—
‘‘(A) the number of previous grants the Sec-
retary has awarded such entity; or
‘‘(B) the length of any period during which
such entity received such grants.
‘‘(g) GRANT PERIOD.—Each grant under this section
shall be awarded for a program of not more than 5 years.
‘‘(h) SERVICE OBLIGATION.—
‘‘(1) IN GENERAL.—The Secretary shall require,
by regulation, that an individual who receives train-
ing pursuant to a grant made under this section—
‘‘(A) perform work—
‘‘(i) related to the training received
under this section; and
‘‘(ii) that benefits Indian people; or
‘‘(B) repay all or a prorated part of the as-
sistance received.
‘‘(2) REPORTING.—The Secretary shall establish,
by regulation, a reporting procedure under which a
grant recipient under this section shall, not later than
12 months after the date of completion of the train-
ing, and periodically thereafter, provide information
concerning the compliance of such recipient with the
work requirement under paragraph (1).
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‘‘(C) contain such other information or as-
surances as the Secretary determines necessary to
ensure compliance with this subpart.
‘‘(b) LOCAL APPLICATION.—
‘‘(1) IN GENERAL.—Any rural eligible local edu-
cational agency desiring to receive an allotment to
carry out this subpart, shall submit an application to
the State educational agency at such time, in such
manner, and accompanied by such information as the
State educational agency may reasonably require.
‘‘(2) CONTENTS OF LOCAL EDUCATIONAL AGENCY
APPLICATION.—Each application submitted by a
rural eligible local educational agency pursuant to
paragraph (1) shall include a description of—
‘‘(A) the community served by the rural eli-
gible local educational agency and the effects of
the community on the educational conditions
within the public schools served by the rural eli-
gible local educational agency;
‘‘(B) the academic and other goals selected
by the rural eligible local educational agency
and their relationship to the standards set for all
students under the Goals 2000: Educate America
Act or title I of this Act;