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‘‘SEC. 1120. FISCAL REQUIREMENTS.
‘‘(a) MAINTENANCE OF EFFORT.—A local educational
agency may receive funds under this part for any fiscal
year only if the State educational agency finds that the
local educational agency has maintained its fiscal effort in
accordance with section 10501 of this Act.
‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP-
PLANT, NON-FEDERAL FUNDS.—
‘‘(1) IN GENERAL.—(A) Except as provided in
subparagraph (B), a State or local educational agen-
cy shall use funds received under this part only to
supplement the amount of funds that would, in the
absence of such Federal funds, be made available from
non-Federal sources for the education of pupils par-
ticipating in programs assisted under this part, and
not to supplant such funds.
‘‘(B) For the purpose of complying with sub-
paragraph (A), a State or local educational agency
may exclude supplemental State and local funds ex-
pended in any eligible school attendance area or
school for programs that meet the requirements of sec-
tion 1114 or 1115.
‘‘(2) SPECIAL RULE.—No local educational agen-
cy shall be required to provide services under this
part through a particular instructional method or in
a particular instructional setting in order to dem-
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onstrate such agency’s compliance with paragraph
(1).
‘‘(c) COMPARABILITY OF SERVICES.—
‘‘(1) IN GENERAL.—(A) Except as provided in
paragraphs (4) and (5), a local educational agency
may receive funds under this part only if State and
local funds will be used in schools served under this
part to provide services that, taken as a whole, are at
least comparable to services in schools that are not re-
ceiving funds under this part.
‘‘(B) If the local educational agency is serving
all of such agency’s schools under this part, such
agency may receive funds under this part only if such
agency will use State and local funds to provide serv-
ices that, taken as a whole, are substantially com-
parable in each school.
‘‘(C) A local educational agency may meet the
requirements of subparagraphs (A) and (B) on a
grade-span by grade-span basis or a school-by-school
basis.
‘‘(2) WRITTEN
ASSURANCE.—(A) A local edu-
cational agency shall be considered to have met the re-
quirements of paragraph (1) if such agency has filed
with the State educational agency a written assur-
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ance that such agency has established and imple-
mented—
‘‘(i) a local educational agency-wide salary
schedule;
‘‘(ii) a policy to ensure equivalence among
schools in teachers, administrators, and other
staff; and
‘‘(iii) a policy to ensure equivalence among
schools in the provision of curriculum materials
and instructional supplies.
‘‘(B) Unpredictable changes in student enroll-
ment or personnel assignments which occur after the
beginning of a school year shall not be included as a
factor in determining comparability of services.
‘‘(C) A local educational agency need not include
unpredictable changes in student enrollment or per-
sonnel assignments that occur after the beginning of
a school year in determining comparability of services
under this subsection.
‘‘(3) PROCEDURES AND RECORDS.—Each local
educational agency shall—
‘‘(A) develop procedures for compliance with
this subsection; and
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‘‘(B) maintain records that are updated bi-
ennially documenting such agency’s compliance
with this subsection.
‘‘(4) INAPPLICABILITY.—This subsection shall
not apply to a local educational agency that does not
have more than one building for each grade span.
‘‘(5) COMPLIANCE.—For the purpose of deter-
mining compliance with paragraph (1), a local edu-
cational agency may exclude State and local funds
expended for—
‘‘(A) bilingual education for children of
limited-English proficiency; and
‘‘(B) excessive costs of providing services to
children with disabilities as determined by the
local educational agency.
‘‘Subpart 2—Allocations
‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
‘‘(a) RESERVATION OF FUNDS.—From the amount ap-
propriated for payments to States for any fiscal year under
section 1002(a), the Secretary shall reserve a total of 1 per-
cent to provide assistance to—
‘‘(1) the outlying areas on the basis of their re-
spective need for such assistance according to such
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criteria as the Secretary determines will best carry
out the purpose of this part; and
‘‘(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection
(c).
‘‘(b) ASSISTANCE TO THE OUTLYING AREAS.—
‘‘(1) IN GENERAL.—From amounts made avail-
able under subsection (a)(1) in each fiscal year the
Secretary shall make grants to local educational agen-
cies in the outlying areas in accordance with rec-
ommendations from the Pacific Regional Educational
Laboratory which shall conduct a competition for
such grants.
‘‘(2) ADMINISTRATIVE
COSTS.—The Secretary
shall provide 5 percent of amounts made available for
grants under this paragraph in each fiscal year to the
Pacific Regional Educational Laboratory to pay the
administrative costs of such laboratory with respect to
the activities under this subsection.
‘‘(c) ALLOTMENT TO THE SECRETARY OF THE INTE-
RIOR.—
‘‘(1) IN GENERAL.—The amount allotted for pay-
ments to the Secretary of the Interior under sub-
section (a)(2) for any fiscal year shall be, as deter-
mined pursuant to criteria established by the Sec-
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retary, the amount necessary to meet the special edu-
cational needs of—
‘‘(A) Indian children on reservations served
by elementary and secondary schools for Indian
children operated or supported by the Depart-
ment of the Interior; and
‘‘(B) out-of-State Indian children in ele-
mentary and secondary schools in local edu-
cational agencies under special contracts with
the Department of the Interior.
‘‘(2) PAYMENTS.—From the amount allotted for
payments to the Secretary of the Interior under sub-
section (a)(2), the Secretary of the Interior shall make
payments to local educational agencies, upon such
terms as the Secretary determines will best carry out
the purposes of this part, with respect to out-of-State
Indian children described in paragraph (1). The
amount of such payment may not exceed, for each
such child, the greater of—
‘‘(A) 40 percent of the average per pupil ex-
penditure in the State in which the agency is lo-
cated; or
‘‘(B) 46 percent of such expenditure in the
United States.
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‘‘SEC. 1122. ALLOCATIONS TO STATES.
‘‘(a) ADJUSTMENTS WHERE NECESSITATED BY AP-
PROPRIATIONS.—
‘‘(1) IN GENERAL.—If the sums made available
under this part for any fiscal year are insufficient to
pay the full amounts that all local educational agen-
cies in all States are eligible to receive under section
1123 for such year, the Secretary first shall ratably
reduce the allocations to such local educational agen-
cies for such year.
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under section
1123 for such fiscal year, allocations that were re-
duced under paragraph (1) shall be increased on the
same basis as such allocations were reduced.
‘‘(b) HOLD-HARMLESS AMOUNTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the total amount made available to each
State under section 1123—
‘‘(A) for fiscal year 1995, shall not be less
than 100 percent of the total amount such State
received under sections 1005 and 1006 (as such
sections were in existence on the day preceding
the date of enactment of the Improving Ameri-
ca’s Schools Act of 1994) for fiscal year 1994;
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‘‘(B) for fiscal year 1996, shall not be less
than 90 percent of the total amount such State
received under section 1123 for fiscal year 1995;
and
‘‘(C) for fiscal year 1997 and each succeed-
ing fiscal year, shall not be less than 85 percent
of the total amount such State received in the fis-
cal year preceding the fiscal year for which the
determination is made.
‘‘(2) RATABLE REDUCTIONS.—(A) If the sums
made available under this part for any fiscal year are
insufficient to pay the full amounts that all States
are eligible to receive under paragraph (1) for such
year, the Secretary shall ratably reduce such amounts
for such year.
‘‘(B) If additional funds become available for
making payments under paragraph (1) for such fiscal
year, amounts that were reduced under subparagraph
(A) shall be increased on the same basis as such
amounts reduced.
‘‘(c) DEFINITION.—For the purpose of this section and
section 1123, the term State means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
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‘‘SEC. 1123. GRANTS TO STATES.
‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) IN GENERAL.—(A) In any case in which the
Secretary determines that satisfactory data for local
educational agencies are available to carry out deter-
minations under paragraph (2), the grant which a
State is eligible to receive under this subpart for a fis-
cal year shall be the aggregate amount of grants for
all local educational agencies in that State, as deter-
mined under paragraph (2).
‘‘(B) In any case in which the Secretary deter-
mines that satisfactory data for local educational
agencies are not available to carry out determinations
under paragraph (2), the grant which a State is eligi-
ble to receive for a fiscal year shall be the aggregate
amounts of grants for all counties in that State, as
determined under paragraph (2).
‘‘(2) GRANTS FOR STATES.—(A)(i) The grant for
a local educational agency shall be determined by
multiplying the number of children determined under
subsection (c)(2) by 40 percent of the amount deter-
mined under the next sentence, multiplying such
product by the effort factor described in clause (ii)
and multiplying such product by the equity factor de-
scribed in clause (iii). The amount determined under
this sentence shall be the average per pupil expendi-
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ture in the State except that (I) if the average per
pupil expenditure in the State is less than 85 percent
of the average per pupil expenditure in the United
States, such amount shall be 85 percent of the average
per pupil expenditure in the United States, or (II) if
the average per pupil expenditure in the State is
more than 115 percent of the average per pupil ex-
penditure in the United States, such amount shall be
115 percent of the average per pupil expenditure in
the United States.
‘‘(ii)(I) Except as provided in subclause (II), the
effort factor for a local educational agency shall be de-
termined in accordance with the succeeding sentence,
except that such factor shall not be less than .95 nor
more than 1.05. The effort factor determined under
this sentence shall be a fraction the numerator of
which is the product of the average per pupil expendi-
ture for kindergarten through 12th grade education in
the State served by the local educational agency mul-
tiplied by the per capita income in the United States
and the denominator of which is the product of the
per capita income in such State multiplied by the av-
erage per pupil expenditure for kindergarten through
12th grade education in the United States.
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‘‘(II) The effort factor for the Commonwealth of
Puerto Rico shall be equal to the lowest effort factor
calculated under subclause (I) for any State.
‘‘(iii)(I) Except as provided in subclause (II),
the equalization factor for a local educational agency
shall be determined in accordance with the succeeding
sentence. The equalization factor determined under
this sentence shall be calculated as follows: First, cal-
culate the difference (expressed as a positive amount)
between the average per pupil expenditure in the
State served by the local educational agency and the
average per pupil expenditure in each local edu-
cational agency in the State and multiply such dif-
ference by the total student enrollment for such agen-
cy, except that children from low-income families
shall be multiplied by a factor of 1.4 to calculate such
enrollment. Second, add the products under the pre-
ceding sentence for each local educational agency in
such State and divide such sum by the total student
enrollment of such State, except that children from
low-income families shall be multiplied by a factor of
1.4 to calculate such enrollment. Third, divide the
quotient under the preceding sentence by the average
per pupil expenditure in such State. The equalization
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factor shall be equal to 1 minus the amount deter-
mined in the previous sentence.
‘‘(II) The equalization factor for a local edu-
cational agency serving a State that meets the dispar-
ity standard described in section 222.63 of title 34,
Code of Federal Regulations (as such section was in
effect on the day preceding the date of enactment of
the Improving America’s Schools Act of 1994) shall
have a maximum coefficient of variation of .10.
‘‘(iv) SPECIAL RULE.—Notwithstanding the pro-
visions of section 1122(b)—
‘‘(I) For fiscal year 1995, no State’s alloca-
tion shall be increased by an amount greater
than 2 percent or reduced by an amount greater
than 2 percent of the amount to which it would
otherwise be entitled when the provisions of
clause (iii) are multiplied according to the pro-
visions of paragraph (2) of this section.
‘‘(II) For fiscal year 1996, no State’s allo-
cation shall be increased by an amount greater
than 4 percent or reduced by an amount greater
than 4 percent of the amount to which it would
otherwise be entitled when the provisions of
clause (iii) are multiplied according to the pro-
visions of paragraph (2) of this section.
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agency concerned extends, the eligibility requirement
with respect to the number of such children for such
local educational agency shall be determined in ac-
cordance with regulations prescribed by the Secretary
for the purposes of this subsection.
‘‘(c) DETERMINATION
OF WEIGHTED NUMBER
OF
CHILDREN.—
‘‘(1) CHILDREN TO BE COUNTED.—(A) The num-
ber of children to be counted for purposes of this sec-
tion is the aggregate of—
‘‘(i) the number of children aged 5 to 17,
inclusive, in the school district of the local edu-
cational agency from families below the poverty
level; and
‘‘(ii) the number of children aged 5 to 17,
inclusive, in the school district of such agency
living in institutions for neglected or delinquent
children (other than such institutions operated
by the United States) but not counted pursuant
to subpart 3 of part E for the purposes of a
grant to a State agency, or being supported in
foster homes with public funds.
‘‘(B) For the purposes of this section, the Sec-
retary shall determine the number of children counted
under subparagraph (A) on the basis of the most re-
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cent satisfactory data available from the Department
of Commerce for local educational agencies (or, if
such data are not available for such agencies, for
counties); and in determining the families which are
below the poverty level, the Secretary shall utilize the
criteria of poverty used by the Bureau of the Census
in compiling the most recent decennial census.
‘‘(2) DETERMINATION
OF
NUMBER
OF
CHIL-
DREN.—(A) The number of children to be determined
for purposes of this paragraph shall be the number of
children counted under paragraph (1) multiplied by
the weighting factor for the local educational agency.
The weighting factor shall be established on the basis
of the percentage that the number of children counted
under paragraph (1) represents of the total popu-
lation aged 5 to 17, inclusive, in the local educational
agency or the number of such children. Weighted
pupil counts shall be calculated based upon both per-
centage and number and the larger of the two counts
shall be used in calculating grants for each local edu-
cational agency. Except as provided in subparagraph
(B), weighting factors shall be assigned according to
the following scale: if the percentage is greater than
0 but less than 12.20, the weighting factor shall be
1.00 for all children counted under paragraph (1); if
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the percentage is greater than 12.20 but less than
17.70, the weighting factor shall be 1.00 for a number
of children counted under paragraph (1) equal to
12.20 percent of the total school age population and
1.10 for children counted under paragraph (1) in ex-
cess of 12.20 percent of the total school age popu-
lation; if the percentage is greater than 17.70 percent
but less than 22.80 percent, then the weighting factor
shall be 1.00 for a number of children counted under
paragraph (1) equal to 12.20 percent of the total
school age population, 1.10 for a number of children
counted under paragraph (1) equal to 5.50 percent of
the total school age population, and 1.20 for children
counted under paragraph (1) in excess of 17.70 per-
cent of the total school age population; if the percent-
age is greater than 22.80 percent but less than 29.70
percent, then the weighting factor shall be 1.00 for a
number of children counted under paragraph (1)
equal to 12.20 percent of the total school age popu-
lation, 1.10 for a number of children counted under
paragraph (1) equal to 5.50 percent of the total school
age population, 1.20 for a number of children counted
under paragraph (1) equal to 5.10 percent of the total
school age population, and 1.30 for children counted
under paragraph (1) in excess of 22.80 percent of the
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total school age population; and if the percentage is
greater than 29.70, then the weighting factor shall be
1.00 for a number of children counted under para-
graph (1) equal to 12.20 percent of the total school
age population, 1.10 for a number of children counted
under paragraph (1) equal to 5.50 percent of the total
school age population, 1.20 for a number of children
counted under paragraph (1) equal to 5.10 percent of
the total school age population, 1.30 for a number of
children counted under paragraph (1) equal to 6.90
percent of the total school age population, and 1.40
for children counted under paragraph (1) in excess of
29.70 percent of the total school age population. Sepa-
rately, if the number of children counted under para-
graph (1) is greater than 0 but less than 1917, the
weighting factor shall be 1.00 for all children counted
under paragraph (1); if the number is greater than
1917 but less than 5,938, the weighting factor shall be
1.00 for a number of children counted under para-
graph (1) equal to 1917, and 1.075 for children
counted under paragraph (1) in excess of 1917; if the
number is greater than 5,938 but less than 20,199,
then the weighting factor shall be 1.00 for a number
of children counted under paragraph (1) equal to
1917, 1.075 for a number of children counted under
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paragraph (1) equal to 4,021, and 1.150 for children
counted under paragraph (1) in excess of 5,938; if the
number is greater than 20,199 but less than 77,999
then the weighting factor shall be 1.00 for a number
of children counted under paragraph (1) equal to
1917, 1.075 for a number of children counted under
paragraph (1) equal to 4,021, 1.150 for a number of
children counted under paragraph (1) equal to
14,261, and 1.225 for children counted under para-
graph (1) in excess of 20,199; and if the number is
greater than 77,999, then the weighting factor shall be
1.00 for a number of children counted under para-
graph (1) equal to 1917, 1.075 for a number of chil-
dren counted under paragraph (1) equal to 4,021,
1.150 for a number of children counted under para-
graph (1) equal to 14,261, 1.225 for a number of chil-
dren counted under paragraph (1) equal to 57,800
and 1.30 for children counted under paragraph (1) in
excess of 77,999. For the Commonwealth of Puerto
Rico, the weighting factor shall be not greater than
1.15.
‘‘(B) If the Secretary determines that satisfac-
tory data for local educational agencies are available
to carry out determinations under section 1123(a)(2),
then the Secretary shall substitute the percentages,
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numbers, 
and 
quintiles 
described 
in 
section
1124(b)(3) for the percentages, numbers, and quintiles
described in subparagraph (A).
‘‘(d) STATE MINIMUM.—
‘‘(1) 
MINIMUM.—Notwithstanding 
subsections
(a)(2)(A)(iv) and (e), for any fiscal year the aggre-
gate amount allotted for all local educational agencies
within a State may not be less than one-quarter of 1
percent of the total amount available for such fiscal
year under this section.
‘‘(2) 
SPECIAL
RULE.—Notwithstanding 
sub-
sections (a)(2)(A)(iv) and (e), a State shall not be al-
lotted in any fiscal year less than 125 percent of the
amount that the State would have received under this
section in such fiscal year if the provisions of para-
graph (1) were not applied.
‘‘(e) SPECIAL RULE.—No State shall receive a grant
under this section for fiscal year 1995 in an amount that
exceeds 115 percent of the amount that would have been al-
located to such State for such fiscal year under subpart 1
of part A of chapter 1 of title I (as such subpart was in
effect on the day preceding the date of enactment of the Im-
proving America’s Schools Act of 1994).
‘‘SEC. 1124. WITHIN STATE ALLOCATIONS.
‘‘(a) IN GENERAL.—
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‘‘(1) ELIGIBILITY.—No local educational agency
shall be eligible for funds under this part unless the
number of children counted under subsection (b)(1)
for such agency is at least 10 and equal to 5 percent
or greater of the number of all children served by such
agency.
‘‘(2) HOLD HARMLESS.—(A) Except as provided
in subparagraph (B), each local educational agency
shall receive an amount under this part for fiscal
years 1995 and 1996 that is at least equal to 85 per-
cent of the amount such agency received under this
part (or for fiscal year 1994 only, such part’s prede-
cessor authority) in the preceding fiscal year, except
that if such agency is not eligible for assistance under
paragraph (1) such agency shall only receive the
amount provided for under this paragraph for fiscal
year 1995.
‘‘(B)(i) If the sums made available under this
part for any fiscal year are insufficient to pay the
full amounts that all local educational agencies in all
States are eligible to receive under subparagraph (A)
for such year, the State educational agency shall rat-
ably reduce the allocations to such local educational
agencies for such year.
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‘‘(ii) If additional funds become available for
making payments under subparagraph (A) for such
fiscal year, allocations that were reduced under sub-
paragraph (A) shall be increased on the same basis as
such allocations were reduced.
‘‘(3) STATE RESERVE.—(A) For each fiscal year
each State may reserve not more than 2 percent of the
funds such State receives to carry out this part to
award grants to local educational agencies that—
‘‘(i) are not eligible for assistance under
paragraph (1); and
‘‘(ii) serve a school attendance area for
which the percentage of children counted under
subsection (b)(1) that are enrolled in the schools
in such area exceeds—
‘‘(I) the percentage of such children in
the State; or
‘‘(II) 25 percent.
‘‘(B) The total amount of funds awarded to each
local educational agency receiving a grant under this
paragraph when added to funds made available under
paragraph (2) shall not exceed—
‘‘(i) for fiscal year 1995, the amount such
agency received under this part’s predecessor au-
thority in the preceding fiscal year; and
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‘‘(ii) for fiscal year 1996 and each succeed-
ing fiscal year, the average amount received per
child under this part in the State multiplied by
the number of children counted under subsection
(b)(1) in such agency’s school attendance areas
described in subparagraph (A)(ii).
‘‘(C) Each State awarding grants under this
paragraph shall distribute such grants to local edu-
cational agencies in rank order based on the percent-
age of children from low-income families in each local
educational agency’s school attendance area described
in subparagraph (A)(ii).
‘‘(D) Each local educational agency receiving a
grant under this paragraph only shall use such grants
funds to serve school attendance areas described in
subparagraph (A)(ii).
‘‘(E) In order to receive a grant under this para-
graph a local educational agency shall provide an as-
surance to the State educational agency serving such
local educational agency that such local educational
agency has not modified the student assignment prac-
tices of such local educational agency so as to increase
the percentage of children from low-income families
in each school for which assistance is sought under
this paragraph.
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‘‘(b) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—
‘‘(1) CHILDREN TO BE COUNTED.—(A) The num-
ber of children counted for purposes of this section is
the aggregate of—
‘‘(i) the number of children aged 5 to 17,
inclusive, in the school district of the local edu-
cational agency from families below the poverty
level; and
‘‘(ii) the number of children aged 5 to 17,
inclusive, in the school district of such agency
living in institutions for neglected or delinquent
children (other than such institutions operated
by the United States) but not counted pursuant
to subpart 3 of part E for the purposes of a
grant to a State agency, or being supported in
foster homes with public funds.
‘‘(B) In determining the number of children eli-
gible to be counted under subparagraph (A), a State
educational agency shall use for each local edu-
cational agency served by such State educational
agency—
‘‘(i) data from the Bureau of the Census re-
garding the number of children determined in
accordance with section 1123(c)(1)(B);
‘‘(ii) data based on the sum of—
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‘‘(I) the number of children from fami-
lies receiving aid to families with dependent
children under part A of title IV of the So-
cial Security Act; and
‘‘(II) the number of children with lim-
ited-English proficiency served by such
agency divided by three; or
‘‘(iii) data based on other poverty criteria,
including combinations of the data described in
clauses (i) and (ii) and combinations of the data
described in either such clause and other data,
that the State educational agency deems appro-
priate and the Secretary approves, adjusted to be
equivalent in proportion to the number of chil-
dren determined in accordance with section
1123(c)(1)(B) in the State, except that the State
educational agency may submit to the Secretary
for approval alternative data that more accu-
rately target poverty.
‘‘(2) ABSORPTION.—In determining the number
of children to be counted under this paragraph for
each local educational agency, the State educational
agency shall subtract 1 percent of the total number of
children aged 5 to 17, inclusive, served by such local
educational agency from the number of children
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counted under paragraph (1) for such local edu-
cational agency.
‘‘(3) WEIGHTED CHILDREN.—From funds made
available under section 1123, each State educational
agency shall allocate such funds to local educational
agencies in the State on the basis of the number of
children counted under paragraph (2) for a local edu-
cational agency multiplied by the weighting factor for
the local educational agency. The weighting factor
shall be established on the basis of the percentage that
the number of children counted under paragraph (2)
represents of the total population aged 5 to 17, inclu-
sive, in the local educational agency or the number of
such children. Weighted pupil counts shall be cal-
culated based upon both percentage and number and
the larger of the two counts shall be used in calculat-
ing grants for each local educational agency.
Weighting factors shall be assigned according to the
following scale, except that a State educational agen-
cy may submit to the Secretary for approval State-
specific quintiles for use in the following percentages
or numbers for the State if the use of such quintiles
more accurately targets poverty: if the percentage is
greater than 0 but less than 14.265, the weighting fac-
tor shall be 1.00 for all children counted under para-
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graph (2); if the percentage is greater than 14.265 but
less than 21.553, the weighting factor shall be 1.00 for
a number of children counted under paragraph (2)
equal to 14.265 percent of the total school age popu-
lation and 1.150 for children counted under para-
graph (2) in excess of 14.265 percent of the total
school age population; if the percentage is greater
than 21.553 percent but less than 29.223 percent, then
the weighting factor shall be 1.00 for a number of
children counted under paragraph (2) equal to 14.265
percent of the total school age population, 1.150 for
a number of children counted under paragraph (2)
equal to 7.288 percent of the total school age popu-
lation, and 1.300 for children counted under para-
graph (2) in excess of 21.553 percent of the total
school age population; if the percentage is greater
than 29.223 percent but less than 36.538 percent, then
the weighting factor shall be 1.00 for a number of
children counted under paragraph (2) equal to 14.265
percent of the total school age population, 1.150 for
a number of children counted under paragraph (2)
equal to 7.288 percent of the total school age popu-
lation, 1.30 for a number of children counted under
paragraph (2) equal to 7.67 percent of the total school
age population, and 1.450 for children counted under
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paragraph (2) in excess of 29.223 percent of the total
school age population; and if the percentage is greater
than 36.538, then the weighting factor shall be 1.00
for a number of children counted under paragraph
(2) equal to 14.265 percent of the total school age pop-
ulation, 1.150 for a number of children counted under
paragraph (2) equal to 7.288 percent of the total
school age population, 1.300 for a number of children
counted under paragraph (2) equal to 7.67 percent of
the total school age population, 1.450 for a number of
children counted under paragraph (2) equal to 7.315
percent of the total school age population, and 1.600
for children counted under paragraph (2) in excess of
36.538 percent of the total school age population. Sep-
arately, if the number of children counted under
paragraph (2) is greater than 0 but less than 575, the
weighting factor shall be 1.00 for all children counted
under paragraph (2); if the number is greater than
575 but less than 1,870, the weighting factor shall be
1.00 for a number of children counted under para-
graph (2) equal to 575, and 1.10 for children counted
under paragraph (2) in excess of 575; if the number
is greater than 1,870 but less than 6,910, then the
weighting factor shall be 1.00 for a number of chil-
dren counted under paragraph (2) equal to 575, 1.10
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for a number of children counted under paragraph
(2) equal to 1,295, and 1.20 for children counted
under paragraph (2) in excess of 1,870; if the number
is greater than 6,910 but less than 42,000 then the
weighting factor shall be 1.00 for a number of chil-
dren counted under paragraph (2) equal to 575, 1.10
for a number of children counted under paragraph
(2) equal to 1,295, 1.20 for a number of children
counted under paragraph (2) equal to 5,040, and 1.30
for children counted under paragraph (2) in excess of
6,910; and if the number is greater than 42,000, then
the weighting factor shall be 1.00 for a number of
children counted under paragraph (2) equal to 575,
1.10 for a number of children counted under para-
graph (2) equal to 1,295, 1.20 for a number of chil-
dren counted under paragraph (2) equal to 5,040,
1.30 for a number of children counted under para-
graph (2) equal to 35,090 and 1.40 for children
counted under paragraph (2) in excess of 42,000.
‘‘(4) GEOGRAPHIC CIRCUMSTANCES.—In the case
of local educational agencies which serve in whole or
in part the same geographical area, and in the case
of a local educational agency which provides free pub-
lic education for a substantial number of children
who reside in the school district of another local edu-
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cational agency, the State educational agency may al-
locate the amount of the grants for those local edu-
cational agencies among those local educational agen-
cies in such manner as the State educational agency
determines will best carry out the purposes of this
part.
‘‘(5) SPECIAL ALLOCATION PROCEDURES.—Upon
determination by the State educational agency that a
local educational agency in the State is unable or un-
willing to provide for the special educational needs of
children 
described 
in 
clause 
(ii) 
of 
section
1123(c)(1)(A), who are living in institutions for ne-
glected or delinquent children, the State educational
agency shall, if the State educational agency assumes
responsibility for the special educational needs of such
children, be eligible to receive the portion of the allo-
cation to such local educational agency which is at-
tributable to such neglected or delinquent children,
but if the State educational agency does not assume
such responsibility, any other State or local public
agency, as determined by regulations established by
the Secretary, which does assume such responsibility,
shall be eligible to receive such portion of the alloca-
tion.
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‘‘(6) SPECIAL RULE.—A local educational agency
may reserve not more than 2 percent of the funds such
agency receives under this part for each fiscal year to
provide services at the discretion of the highest ad-
ministrative official (superintendent) of such agency
and consistent with the purposes of this title to a
school, if the school is within two rank orders de-
scribed in section 1113(c) of the lowest such rank or-
dered school served under this part.
‘‘PART B—TRANSITION TO SUCCESS
‘‘SEC. 1201. TRANSITION TO SUCCESS.
‘‘(a) SHORT TITLE.—This part may be cited as the
‘Transitions to Success Act of 1994’.
‘‘(b) TRANSITION TO SUCCESS CHALLENGE GRANTS.—
‘‘(1) FUNDING.—(A) Notwithstanding any other
provision of law, from amounts appropriated to carry
out part A for each fiscal year the Secretary shall re-
serve 1 percent of the total amount made available to
all States under such part for such fiscal year, to
carry out this part for such year.
‘‘(B) From amounts reserved under subpara-
graph (A) the Secretary shall make available to each
State 1 percent of the amount made available to each
State under part A, to carry out this part.
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‘‘(2) STATE INCENTIVE REQUIREMENTS.—(A) In
order for a State to use the funds made available
under paragraph (1), the State shall submit a transi-
tion coordinated services proposal to the Secretary as
part of the plan submitted under section 1111.
‘‘(B) If a State fails to submit an acceptable pro-
posal described in subparagraph (A)(i), local edu-
cational agencies within the State may apply to the
Secretary directly for funds to carry out this part
under such terms and conditions as the Secretary de-
termines will best carry out the activities assisted
under this part.
‘‘(3) IN GENERAL.—From amounts made avail-
able under paragraph (1), each State educational
agency shall make challenge grants to local edu-
cational agencies that have formed consortia with
early childhood development programs including,
where available, Head Start, to develop and operate
programs that assist low-income elementary school
students in kindergarten through third grade (giving
priority to students entering their first year of ele-
mentary school) and their families in—
‘‘(A) obtaining supportive services that
build on the strength of families, including
health, immunization, mental health, nutrition,
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parenting education, literacy, and social services
(including substance abuse treatment, education,
and prevention services); and
‘‘(B) supporting the active involvement of
parents in the education of their children.
‘‘(4) SPECIAL RULE.—In awarding grants and
administering the program assisted under this sec-
tion, the State educational agency shall consult with
the State liaison for the Head Start collaboration
grant program under section 640(a)(5) of the Head
Start Act and State agencies that administer early
childhood development programs, including programs
under the Child Care and Development Block Grant
Act of 1990.
‘‘(5) TERM
OF
GRANT.—Each grant awarded
under this part shall be for a period of not more than
3 years.
‘‘(c) CONSULTATION.—The Secretary shall consult
with the Secretary of Health and Human Services to de-
velop regulations and promote coordination of activities as-
sisted under this part with the projects funded under the
Head Start Transition Project Act, including a process
to—
‘‘(1) collect information on program activities
and outcomes; and
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‘‘(2) disseminate information on model pro-
grams.
‘‘(d) ELIGIBILITY.—
‘‘(1) LOCAL
EDUCATIONAL
AGENCY
CONSOR-
TIUM.—A local educational agency shall be eligible for
a grant under this part if such agency—
‘‘(A) receives funds under part A;
‘‘(B) has formed a consortium with one or
more early childhood development programs that
serve children who will enroll in any elementary
school located within the school district of such
local educational agency, including, where avail-
able, Head Start programs; and
‘‘(C) agrees to contribute an amount equal
to $1 of matching funds for every $1 made avail-
able to the local educational agency to carry out
this part, which matching funds may include
Federal funds, including funds made available
under this Act, and State or local funds (includ-
ing in-kind contributions, fairly evaluated).
‘‘(2) COOPERATING AGENCY.—A nonprofit agen-
cy or institution of higher education with experience
in early childhood development may participate in a
consortium formed under paragraph (1)(B) in devel-
oping, operating, and evaluating programs assisted
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under this part, including developing or implement-
ing model approaches to developmentally appropriate
curricula.
‘‘(e) FOLLOW THROUGH GRANTEES.—A local edu-
cational agency that is receiving assistance through a pro-
gram under the Follow Through Act shall also be eligible
for a grant under this part to complete their Follow
Through grant cycle if such agency meets the requirements
of subsection (d)(1).
‘‘(f) REQUIREMENTS.—
‘‘(1) IN GENERAL.—To the extent practicable, the
State educational agency shall award grants under
this part to consortia in both rural and urban areas.
‘‘(2) CRITERIA.—In awarding grants under this
part, the State educational agency shall consider—
‘‘(A) the commitment of the members of the
consortium to the program for which assistance
under this part is requested;
‘‘(B) the proportion of low-income children
in the school attendance area where the program
assisted under this part will be located; and
‘‘(C) the quality of information and plans
in the application.
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‘‘(3) PRIORITY.—In awarding grants under this
part, the State educational agency shall give priority
to applicants that—
‘‘(A) will operate a program under this
part at a school designated for a schoolwide pro-
gram under section 1114;
‘‘(B) serve local educational agencies that
have the highest number or percentage of poor
children; and
‘‘(C) demonstrate a significant commitment
by the community to the proposed program, as
evidenced by the level of resources, both cash and
in-kind, from other public and private sources
available to the consortium.
‘‘(g) APPLICATION.—
‘‘(1) IN GENERAL.—Each local educational agen-
cy consortium seeking a grant under this part shall
submit an application to the State educational agen-
cy according to guidelines established by the Sec-
retary. Each such application shall include—
‘‘(A) a description of the activities and serv-
ices for which assistance is sought;
‘‘(B) a description of members of the consor-
tium formed under subsection (d)(1)(B), includ-
ing any cooperating agency;
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‘‘(C) a self-assessment of the programs of the
individual consortium members to address the
health, immunization, mental health, nutrition,
parenting education, literacy, social service (in-
cluding substance abuse treatment, education,
and prevention), and educational needs of low-
income students and their families, including the
use of a developmentally appropriate curricula,
such as a model approach developed under the
Follow Through Act;
‘‘(D) a plan for the development of a sup-
portive services team of family service coordina-
tors to—
‘‘(i) assist families, administrators,
and teachers to respond to health, immuni-
zation, mental health, nutrition, social serv-
ice, and educational needs of students;
‘‘(ii) conduct home visits and help stu-
dents and their families to obtain health,
immunization, mental health, nutrition,
parenting education, literacy, education
(including tutoring and remedial services),
and social services (including substance
abuse treatment, education, and preven-
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tion), for which such students and their
families are eligible;
‘‘(iii) coordinate a family outreach
and support program, including a plan for
involving parents in the management of the
program assisted under this part, in co-
operation with parental involvement efforts
undertaken pursuant to this title, the Head
Start Act, and the Individuals with Dis-
abilities Education Act, including school-
parent compacts, parent volunteer activi-
ties, parent education services such as the
Even Start program, and regular meetings;
‘‘(iv) assist families, administrators,
and teachers in enhancing developmental
continuity between the programs assisted
under the Head Start Act, other early child-
hood development programs, and elementary
school classes; and
‘‘(v) prepare a plan for the transition
of each child from Head Start, or other
early childhood development program, to
kindergarten, including—
‘‘(I) a meeting of the early child-
hood development program teacher
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with the kindergarten teacher and the
child’s parents to discuss the transition
of each child and to address any par-
ticular educational needs of such child;
and
‘‘(II) the transfer of knowledge
about the child, including the transfer
(with parental consent) of written
records from the early childhood devel-
opment program teacher to the kinder-
garten teacher to become part of the
school record of the child;
‘‘(E) the designation of a member of the
supportive services team described in subpara-
graph (D) who will serve as the supervisor of
such supportive services team;
‘‘(F) assurances that State agencies, local
agencies, and community-based organizations
that provide supportive services to low-income
students served by the local educational agency
consortium have been consulted in the prepara-
tion of the plan described in subparagraph (D);
‘‘(G) assurances that State agencies, local
agencies, and community-based organizations
that provide supportive services to low-income
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students served by the local educational agency
consortium will designate an individual who
will act as a liaison to the supportive services
team described in subparagraph (D);
‘‘(H) a description of the target population
to be served by the supportive services team de-
scribed in subparagraph (D), including families
previously served under part C, the Head Start
Act, or other comparable early childhood develop-
ment program;
‘‘(I) a description of the supportive services
to be provided, directly or through referral;
‘‘(J) a plan to ensure the smooth transition
of children served under part C, the Head Start
Act, the Individuals with Disabilities Education
Act, and other comparable early childhood devel-
opment programs, to elementary schools;
‘‘(K) assurances that, and a plan describing
how, families will be involved in the design and
operation of the program assisted under this
part;
‘‘(L) a description of the Federal and non-
Federal resources that will be used to carry out
the program;
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‘‘(M) if the applicant is receiving assistance
through a program under the Follow Through
Act—
‘‘(i) a description of the activities that
will be funded under this part and the ac-
tivities that are funded with assistance pro-
vided under the Follow Through Act; and
‘‘(ii) a description of the manner in
which activities funded under this part and
activities funded with assistance provided
under the Follow Through Act will be co-
ordinated within the elementary school;
‘‘(N) assurances that the supportive services
described in subparagraph (D) will be equipped
to assist children and families with limited-Eng-
lish proficiency and disabilities, if appropriate;
‘‘(O) a plan describing how the program as-
sisted under this part will be sustained, with
funding received under part A or other Federal
and non-Federal funding sources, after the grant
has expired;
‘‘(P) program goals and a methodology to
measure progress toward achieving such goals;
and
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‘‘(Q) such other information as the Sec-
retary may reasonably require.
‘‘(2) SPECIAL RULE.—Each supportive services
team developed pursuant to paragraph (1)(D) shall
include at least 1 family service coordinator for every
35 children to be served.
‘‘(h) EVALUATION AND REPORT.—
‘‘(1) EVALUATION.—The Secretary, in coopera-
tion with the Secretary of Health and Human Serv-
ices shall, through grants, contracts, or cooperative
agreements, provide for the evaluation of the pro-
grams assisted under this part. To the extent prac-
ticable, such evaluation shall be conducted jointly
with evaluations of the Head Start Transition
Projects.
‘‘(2) INFORMATION.—Each State educational
agency shall furnish to the Secretary such informa-
tion as the Secretary shall request to carry out the
evaluation described in paragraph (1).
‘‘SEC. 1202. COORDINATION REQUIREMENTS.
‘‘(a) IN GENERAL.—Each local educational agency re-
ceiving assistance under section 1113 may use such assist-
ance to carry out the activities described in subsection (b)
to the extent feasible and appropriate to the circumstances,
including the extent to which such local educational agency
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is able to secure the cooperation of parents and local Head
Start agencies and, if feasible, other early childhood devel-
opment programs.
‘‘(b) ACTIVITIES.—The activities referred to in sub-
section (a) are activities that increase coordination between
the local educational agency and a Head Start agency, and,
if feasible, other early childhood development programs,
serving children who will attend the schools of such agency,
including—
‘‘(1) developing and implementing a systematic
procedure for receiving records regarding such chil-
dren transferred with parental consent from a Head
Start program or, where applicable, other early child-
hood development programs;
‘‘(2) establishing channels of communication be-
tween school staff and their counterparts in such
Head Start agencies (including teachers, social work-
ers, and health staff) or other early childhood develop-
ment programs, as appropriate, to facilitate coordina-
tion of programs;
‘‘(3) conducting meetings involving parents, kin-
dergarten or elementary school teachers, and Head
Start teachers or, if appropriate, teachers from other
early childhood development programs, to discuss the
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developmental and other needs of individual children;
and
‘‘(4) organizing and participating in joint tran-
sition related training of school staff, Head Start
staff, and, where appropriate, other early childhood
staff.
‘‘(c) COORDINATION OF REGULATIONS.—The Secretary
shall work with the Secretary of Health and Human Serv-
ices to coordinate regulations promulgated under this part
with regulations promulgated under the Head Start Act
Amendments of 1994.
‘‘SEC. 1203. DEFINITIONS.
‘‘As used in this part:
‘‘(1) DEVELOPMENTALLY APPROPRIATE CURRICU-
LUM.—The term ‘developmentally appropriate cur-
riculum’ means a curriculum that is appropriate for
the age and all areas of individual development of a
child, including educational, physical, emotional, so-
cial, and cognitive development, and communication.
‘‘(2) 
FAMILY
SERVICES
COORDINATOR.—The
term ‘family services coordinator’ means an individ-
ual who is trained to assist families in obtaining sup-
portive services. Such individual may be an existing
employee of a local educational agency or Head Start
agency.
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‘‘(3) HEAD
START
AGENCY.—The term ‘Head
Start agency’ means any agency designated as a
Head Start agency under the Head Start Act (42
U.S.C. 9831 et seq.).
‘‘(4) SUPPORTIVE
SERVICES.—The term ‘sup-
portive services’ means services that will enhance the
physical, social, emotional, and intellectual develop-
ment of low-income children, including the provision
of necessary support to the parents and other family
members of such children.
‘‘PART C—EVEN START FAMILY LITERACY
PROGRAMS
‘‘SEC. 1301. STATEMENT OF PURPOSE.
‘‘It is the purpose of this part to help break the cycle
of poverty and illiteracy by improving the educational op-
portunities of the Nation’s low-income families by integrat-
ing early childhood education, adult literacy or adult basic
education, and parenting education into a unified family
literacy program, to be referred to as ‘Even Start’. The pro-
gram shall—
‘‘(1) be implemented through cooperative projects
that build on existing community resources to create
a new range of services;
‘‘(2) promote achievement of the National Edu-
cation Goals; and
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‘‘(3) assist children and adults from low-income
families to achieve to challenging State content stand-
ards and challenging State student performance
standards.
‘‘SEC. 1302. PROGRAM AUTHORIZED.
‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLY-
ING AREAS, AND INDIAN TRIBES.—In each fiscal year, the
Secretary shall reserve not more than 5 percent of the
amount appropriated under section 1002(b) for programs,
under such terms and conditions as the Secretary shall es-
tablish, that are consistent with the purpose of this part,
and according to their relative needs, for—
‘‘(1) children of migratory workers;
‘‘(2) the outlying areas; and
‘‘(3) Indian tribes and tribal organizations.
‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—From
amounts appropriated under section 1002(b), the Secretary
may reserve not more than 3 percent of such amounts or
the amount reserved to carry out the activities described in
paragraphs (1) and (2) for the fiscal year 1994, whichever
is greater, for purposes of—
‘‘(1) carrying out the evaluation required by sec-
tion 1309; and
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‘‘(2) providing, through grants or contracts with
eligible organizations, technical assistance, program
improvement, and replication activities.
‘‘(c) RESERVATION FOR GRANTS.—
‘‘(1) GRANTS AUTHORIZED.—In any fiscal year
in which the amount appropriated to carry out this
part exceeds the amount appropriated to carry out
this part for the preceding fiscal year, the Secretary
may reserve such funds in excess of the amount ap-
propriated for such preceding fiscal years as do not
exceed $1,000,000 to award grants, on a competitive
basis, to States to enable such States to plan and im-
plement, through literacy resource centers assisted
under subpart 7 of part B of the Adult Education
Act, statewide family literacy initiatives to coordinate
and integrate existing Federal, State, and local lit-
eracy resources consistent with the purposes of this
part.
‘‘(2) MATCHING REQUIREMENT.—The Secretary
shall not make a grant to a State under paragraph
(1) unless the State agrees that, with respect to the
costs to be incurred by the eligible consortium in car-
rying out the activities for which the grant was
awarded, the State will make available non-Federal
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contributions in an amount equal to not less than the
Federal funds provided under the grant.
‘‘(d) STATE ALLOCATION.—
‘‘(1) IN GENERAL.—From amounts appropriated
under section 1002(b) and not reserved under sub-
sections (a), (b), and (c), the Secretary shall make
grants to States from allocations under paragraph
(2).
‘‘(2) ALLOCATIONS.—Except as provided in
paragraph (3), from the total amount available for
allocation to States in any fiscal year, each State
shall be eligible to receive a grant under paragraph
(1) in an amount that bears the same ratio to such
total amount as the amount allocated under section
1122 to that State bears to the total amount allocated
under that section to all the States.
‘‘(3) MINIMUM.—No State shall receive a grant
under paragraph (1) in any fiscal year in an amount
which is less than $250,000, or one-half of 1 percent
of the amount appropriated under section 1002(b)
and not reserved under subsections (a), (b), and (c)
for such year, whichever is greater.
‘‘(e) DEFINITIONS.—For the purpose of this part—
‘‘(1) the term ‘eligible entity’ means a partner-
ship composed of both—
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‘‘(A) a local educational agency; and
‘‘(B) a nonprofit community-based organi-
zation, a public agency, an institution of higher
education, or a public or private nonprofit orga-
nization of demonstrated quality;
‘‘(2) the term ‘eligible organization’ means any
public or private nonprofit organization with a
record of providing effective services to family literacy
providers, such as the National Center for Family
Literacy, Parents as Teachers, Inc., the Home In-
struction Program for Preschool Youngsters, and the
Home and School Institute, Inc.;
‘‘(3) the terms ‘Indian tribe’ and ‘tribal organi-
zation’ have the meanings given such terms in section
4 of the Indian Self-Determination and Education
Assistance Act; and
‘‘(4) the term ‘State’ includes each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘SEC. 1303. STATE PROGRAMS.
‘‘(a) STATE LEVEL ACTIVITIES.—Each State that re-
ceives a grant under section 1302(d)(1) may use not more
than 5 percent of the grant funds for the costs of—
‘‘(1) administration; and
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‘‘(2) providing, through one or more subgrants or
contracts, technical assistance for program improve-
ment and replication, to eligible entities that receive
subgrants under subsection (b).
‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—
‘‘(1) IN
GENERAL.—Each State shall use the
grant funds received under section 1302(d)(1) and not
reserved under subsection (a) to award subgrants to
eligible entities to carry out Even Start programs.
‘‘(2) 
MINIMUM.—No 
State 
shall 
award 
a
subgrant under paragraph (1) in an amount less
than $75,000, except that a State may award one
subgrant in each fiscal year of sufficient size, scope,
and quality to be effective in an amount less than
$75,000 if, after awarding subgrants under para-
graph (1) for such fiscal year in amounts of $75,000
or greater, less than $75,000 is available to the State
to award such subgrants.
‘‘SEC. 1304. USES OF FUNDS.
‘‘(a) IN GENERAL.—In carrying out a program under
this part, a recipient of funds under this part shall use such
funds to pay the Federal share of the cost of providing fam-
ily-centered education programs that involve parents and
children in a cooperative effort to help parents obtain edu-
cational skills and become full partners in the education
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of their children and to assist children in reaching their
full potential as learners.
‘‘(b) FEDERAL SHARE LIMITATION.—
‘‘(1) IN GENERAL.—(A) Except as provided in
paragraph (2), the Federal share under this part may
not exceed—
‘‘(i) 90 percent of the total cost of the pro-
gram in the first year that such program receives
assistance under this part or its predecessor au-
thority;
‘‘(ii) 80 percent in the second such year;
‘‘(iii) 70 percent in the third such year;
‘‘(iv) 60 percent in the fourth such year;
and
‘‘(v) 50 percent in any subsequent such
year.
‘‘(B) The remaining cost of a program assisted
under this part may be provided in cash or in kind,
fairly evaluated.
‘‘(2) WAIVER.—The State educational agency
may waive, in whole or in part, the cost-sharing re-
quirement described in paragraph (1) for an eligible
entity if such entity—
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‘‘(A) demonstrates that such entity other-
wise would not be able to participate in the pro-
gram assisted under this part; and
‘‘(B) negotiates an agreement with the State
educational agency with respect to the amount of
the remaining cost to which the waiver will be
applicable.
‘‘(3) PROHIBITION.—Federal funds provided
under this part may not be used for the indirect costs
of a program assisted under this part, except that the
Secretary may waive this paragraph if an eligible re-
cipient of funds reserved under section 1302(a)(3)
demonstrates to the Secretary’s satisfaction that such
recipient otherwise would not be able to participate in
the program assisted under this part.
‘‘SEC. 1305. PROGRAM ELEMENTS.
‘‘Each program assisted under this part shall—
‘‘(1) include the identification and recruitment
of those families most in need of services provided
under this part, as indicated by a low level of income,
a low level of adult literacy or English language pro-
ficiency of a parent who is an eligible participant,
and other need-related indicators;
‘‘(2) include screening and preparation of par-
ents, including teenage parents, and children to en-
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able such parents and children to participate fully in
the activities and services provided under this part,
including testing, referral to necessary pupil services,
and other developmental and support services;
‘‘(3) be designed to accommodate the partici-
pants’ work and other responsibilities, including the
provision of pupil services (when such pupil services
are unavailable from other sources) necessary for par-
ticipation in the activities assisted under this part,
such as—
‘‘(A) scheduling and location of services to
allow joint participation by parents and chil-
dren;
‘‘(B) child care for the period that parents
are involved in the program provided under this
part; and
‘‘(C) transportation for the purpose of ena-
bling parents and their children to participate
in programs authorized by this part;
‘‘(4) include high-quality instructional programs
that promote adult literacy, training of parents to
support the educational growth of their children, de-
velopmentally appropriate early childhood edu-
cational services, and preparation of children for suc-
cess in regular school programs;
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‘‘(5) include qualified personnel to develop, ad-
minister, and implement the program assisted under
this part;
‘‘(6) include special training of staff, including
child care staff, to develop the skills necessary to work
with parents and young children in the full range of
instructional services offered through this part;
‘‘(7) provide and monitor integrated instruc-
tional services to participating parents and children
through home-based programs;
‘‘(8) operate on a year-round basis, including the
provision of some instructional or enrichment services
during the summer months;
‘‘(9) be coordinated with—
‘‘(A) other programs assisted under this
title and Act;
‘‘(B) any relevant programs under the
Adult Education Act, the Individuals with Dis-
abilities Education Act, and the Job Training
Partnership Act; and
‘‘(C) the Head Start program, volunteer lit-
eracy programs, and other relevant programs;
‘‘(10) ensure that the programs will serve those
families most in need of the activities and services
provided by this part;
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‘‘(11) provide services under this part to individ-
uals with special needs, such as individuals with lim-
ited-English proficiency and individuals with disabil-
ities;
‘‘(12) encourage eligible participants to remain
in the program for a time sufficient to meet the pro-
gram’s purpose; and
‘‘(13) provide for an independent evaluation of
the program.
‘‘SEC. 1306. ELIGIBLE PARTICIPANTS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), eligible participants in an Even Start program are—
‘‘(1) a parent or parents—
‘‘(A) who are eligible for participation in
an adult basic education program under the
Adult Education Act; or
‘‘(B) who are within the State’s compulsory
school attendance age range, so long as a local
educational agency provides (or ensures the
availability of) the basic education component
required under this part; and
‘‘(2) the child or children, from birth through age
seven, of any individual described in paragraph (1).
‘‘(b) ELIGIBILITY
FOR CERTAIN OTHER PARTICI-
PANTS.—
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‘‘(1) IN GENERAL.—Family members of eligible
participants described in subsection (a) may partici-
pate in activities and services provided under this
part, when appropriate to serve the purpose of this
part.
‘‘(2) SPECIAL RULE.—Any family participating
in a program assisted under this part that becomes
ineligible for such participation as a result of one or
more members of the family becoming ineligible for
such participation may continue to participate in the
program until all members of the family become ineli-
gible for such participation, which—
‘‘(A) in the case of a family in which ineli-
gibility was due to the child or children of such
family attaining the age of eight, shall be in two
years or when the parent or parents become in-
eligible due to educational advancement, which-
ever occurs first; and
‘‘(B) in the case of a family in which ineli-
gibility was due to the educational advancement
of the parent or parents of such family, shall be
when all children in the family attain the age of
eight.
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‘‘SEC. 1307. APPLICATIONS.
‘‘(a) SUBMISSION.—To be eligible to receive a subgrant
under this part, an eligible entity shall submit an applica-
tion to the State educational agency in such form and con-
taining or accompanied by such information as the State
educational agency shall require.
‘‘(b) PLAN.—
‘‘(1) IN GENERAL.—Each such application shall
include—
‘‘(A) a description of the program goals;
‘‘(B) a description of the activities and
services that will be provided under the program,
including a description of how the program will
incorporate the program elements required by
section 1305;
‘‘(C) a description of the population to be
served and an estimate of the number of partici-
pants to be served;
‘‘(D) as appropriate, a description of the
applicant’s collaborative efforts with institutions
of higher education, community-based organiza-
tions, the State educational agency, private ele-
mentary schools, or eligible organizations in car-
rying out the program for which assistance is
sought; and
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‘‘(E) a statement of the methods that will be
used—
‘‘(i) to ensure that the programs will
serve those families most in need of the ac-
tivities and services provided by this part;
‘‘(ii) to provide services under this
part to individuals with special needs, such
as individuals with limited-English pro-
ficiency and individuals with disabilities;
and
‘‘(iii) to encourage participants to re-
main in the program for a time sufficient
to meet the program’s purpose.
‘‘(2) DURATION OF THE PLAN.—Each plan sub-
mitted under paragraph (1)(A) shall—
‘‘(A) remain in effect for the duration of the
eligible entity’s participation under this part;
and
‘‘(B) be periodically reviewed and revised
by the eligible entity as necessary.
‘‘SEC. 1308. AWARD OF SUBGRANTS.
‘‘(a) SELECTION PROCESS.—
‘‘(1) IN GENERAL.—The State educational agen-
cy shall establish a review panel in accordance with
subsection (b) that will approve applications that—
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‘‘(A) are most likely to be successful in—
‘‘(i) meeting the purpose of this part;
and
‘‘(ii) effectively implementing the pro-
gram elements required under section 1305;
‘‘(B) demonstrate that the area to be served
by such program has a high percentage or a
large number of children and families who are in
need of such services as indicated by high levels
of poverty, illiteracy, unemployment, limited-
English proficiency, or other need-related indica-
tors, including a high percentage of children to
be served by the program who reside in a school
attendance area eligible for participation in pro-
grams under part A of this title;
‘‘(C) provide services for at least a three-
year age range;
‘‘(D) demonstrate the greatest possible co-
operation and coordination between a variety of
relevant service providers in all phases of the
program;
‘‘(E) include cost-effective budgets, given the
scope of the application;
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‘‘(F) demonstrate the applicant’s ability to
provide the remaining cost required by section
1304(b);
‘‘(G) are representative of urban and rural
regions of the State; and
‘‘(H) show the greatest promise for provid-
ing models that may be adopted by other local
educational agencies.
‘‘(2) REVIEW PANEL.—A review panel shall con-
sist of at least three members, including one early
childhood professional, one adult education profes-
sional, and one of the following individuals:
‘‘(A) A representative of a parent-child edu-
cation organization.
‘‘(B) A representative of a community-based
literacy organization.
‘‘(C) A member of a local board of edu-
cation.
‘‘(D) A representative of business and in-
dustry with a commitment to education.
‘‘(E) An individual who has been involved
in the implementation of programs under this
title in the State.
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‘‘(3) PRIORITY.—The State educational agency
shall give priority to awarding subgrants under this
subsection to applications describing programs that—
‘‘(A) target services primarily to families
whose children reside in attendance areas of
schools eligible for schoolwide programs under
section 1114; or
‘‘(B) are located in areas designated as
empowerment zones or enterprise communities.
‘‘(b) DURATION.—
‘‘(1) IN GENERAL.—Subgrants under this part
may be awarded for a period not to exceed four years.
‘‘(2) STARTUP PERIOD.—The State educational
agency may provide an eligible recipient, at such re-
cipient’s request, a 3- to 6-month startup period dur-
ing the first year of the 4-year grant period, which
may include staff recruitment and training, and the
coordination of services, before requiring full imple-
mentation of the program.
‘‘(3) CONTINUING
ELIGIBILITY.—In awarding
subgrant funds to continue a program under this part
for the second, third, or fourth year, the State edu-
cational agency shall review the progress being made
toward meeting the objectives of the program after the
conclusion of the startup period, if any.
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‘‘(4) GRANT RENEWAL.—(A) An eligible entity
that has previously received a subgrant under this
part may reapply under this part for additional
subgrants. A subgrantee may receive funds under this
part for a period not to exceed eight years.
‘‘(B) The Federal share of any subgrant renewed
under subparagraph (A) shall not exceed 50 percent
in any fiscal year.
‘‘(5) INSUFFICIENT PROGRESS.—The State edu-
cational agency may refuse to award subgrant funds
if such agency finds that sufficient progress has not
been made toward meeting such objectives, but only
after affording the applicant notice and an oppor-
tunity for a hearing.
‘‘SEC. 1309. EVALUATION.
‘‘From funds reserved under section 1302(b)(1), the
Secretary shall provide for an independent evaluation of
programs assisted under this part—
‘‘(1) to determine the performance and effective-
ness of programs assisted under this part; and
‘‘(2) to identify effective programs assisted under
this part that can be duplicated and used in provid-
ing technical assistance to Federal, State, and local
programs.
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‘‘SEC. 1310. CONSTRUCTION.
‘‘Nothing in this part shall be construed to prohibit
a recipient of funds under this part from serving students
participating in Even Start simultaneously with students
with similar educational needs, in the same educational set-
tings where appropriate.
‘‘PART D—EDUCATION OF MIGRATORY CHILDREN
‘‘SEC. 1401. PROGRAM PURPOSE.
‘‘It is the purpose of this part to assist States to—
‘‘(1) support high-quality and comprehensive
educational programs for migratory children to help
reduce the educational disruptions and other problems
that result from repeated moves;
‘‘(2) ensure that migratory children are provided
with appropriate educational services (including sup-
portive services) that address their special needs in a
coordinated and efficient manner;
‘‘(3) ensure that migratory children have the op-
portunity to meet the same challenging State content
standards and challenging State student performance
standards that all children are expected to meet;
‘‘(4) design programs to help migratory children
overcome educational disruption, cultural and lan-
guage barriers, social isolation, various health-related
problems, and other factors that inhibit the ability of
such children to do well in school, and to prepare
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such children to make a successful transition to post-
secondary education or employment; and
‘‘(5) ensure that migratory children benefit from
State and local systemic reforms.
‘‘SEC. 1402. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—In order to carry out the purpose
of this part, the Secretary shall make grants to State edu-
cational agencies, or combinations of such agencies, to es-
tablish or improve, directly or through local operating agen-
cies, programs of education for migratory children in ac-
cordance with this part.
‘‘(b) DEFINITIONS.—As used in this part—
‘‘(1) the term ‘local operating agency’ means—
‘‘(A) a local educational agency to which a
State educational agency makes a subgrant
under this part;
‘‘(B) a public or private nonprofit agency
with which a State educational agency or the
Secretary makes an arrangement to carry out a
program or project under this part; or
‘‘(C) a State educational agency, if the
State educational agency operates the State’s mi-
grant education program or projects directly;
and
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‘‘(2) the term ‘migratory child’ means a child
who is, or whose parent or guardian is, a migratory
agricultural worker, including a migratory dairy
worker, or a migratory fisher, and who, in the preced-
ing 48 months, in order to obtain, or accompany such
parent or guardian in order to obtain, temporary or
seasonal employment in agricultural or fishing
work—
‘‘(A) has moved from one school district to
another;
‘‘(B) in a State that is comprised of a sin-
gle school district, has moved from one adminis-
trative area to another within such district; or
‘‘(C) resides in a school district of more
than 15,000 square miles, and migrates a dis-
tance of 20 miles or more to a temporary resi-
dence to engage in a fishing activity.
‘‘(3) the term ‘stop-over center’ means a migrant
project site which provides educational services ap-
proved by the State educational agency, advance noti-
fication to States where migrant children are travel-
ing, and coordination with providers of other services
to migrant children, to eligible migrant children who
intend to stay 5 days or less while they or others in
their family are moving from one location to another
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seeking migratory agricultural work, including mi-
gratory dairy work, or migratory fishing work.
‘‘(4) The term ‘fishing activity’ means any activ-
ity directly related to the catching or processing of
fish or shellfish—
‘‘(A) for initial commercial sale, whether a
fisher is self-employed or employed by others, or
‘‘(B) as a principal means of personal sub-
sistence.
‘‘SEC. 1403. STATE ALLOCATIONS.
‘‘(a) STATE ALLOCATIONS.—Each State (other than
the Commonwealth of Puerto Rico) is eligible to receive an
allocation under this part, for each fiscal year, in an
amount equal to—
‘‘(1) the sum of the estimated number of migra-
tory children aged three through 21 who reside in the
State full time and the full-time equivalent of the esti-
mated number of migratory children aged three
through 21 who reside in the State part time, as de-
termined in accordance with subsection (e); multi-
plied by
‘‘(2) 40 percent of the average per-pupil expendi-
ture in the State, except that the amount determined
under this paragraph shall not be less than 32 per-
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cent, or more than 48 percent, of the average per-
pupil expenditure in the United States.
‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal
year, the amount for which the Commonwealth of Puerto
Rico is eligible under this section shall be equal to—
‘‘(1) the number of migratory children in Puerto
Rico, determined under subsection (a)(1); multiplied
by
‘‘(2) the product of—
‘‘(A) the percentage that the average per-
pupil expenditure in Puerto Rico is of the lowest
average per-pupil expenditure of any of the 50
States; and
‘‘(B) 32 percent of the average per-pupil ex-
penditure in the United States.
‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.—
‘‘(1) IN GENERAL.—(A) If, after the Secretary re-
serves funds under section 1408(c), the amount appro-
priated to carry out this part for any fiscal year is
insufficient to pay in full the amounts for which all
States are eligible, the Secretary shall ratably reduce
each such amount.
‘‘(B) If additional funds become available for
making such payments for any fiscal year, the Sec-
retary shall allocate such funds to States in amounts
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that the Secretary determines will best carry out the
purpose of this part.
‘‘(2) SPECIAL RULE.—(A) The Secretary shall
further reduce the amount of any grant to a State
under this part for any fiscal year if the Secretary
determines, based on available information on the
numbers and needs of migratory children in the State
and the program proposed by the State to address
those needs, that such amount is not needed by the
State.
‘‘(B) The Secretary shall reallocate such excess
funds to other States whose grants under this part
would otherwise be insufficient to provide an appro-
priate level of services to migratory children, in such
amounts as the Secretary determines are appropriate.
‘‘(d) CONSORTIUM ARRANGEMENTS.—
‘‘(1) IN GENERAL.—In the case of any State that
receives a grant of $500,000 or less under this section,
the Secretary shall consult with the State educational
agency to determine whether consortium arrange-
ments with another State or another appropriate en-
tity would result in delivery of services in a more ef-
fective and efficient manner.
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‘‘(2) PROPOSALS.—Any State, regardless of the
amount of such State’s allocation, may submit a con-
sortium arrangement to the Secretary for approval.
‘‘(3) APPROVAL.—The Secretary shall approve a
consortium arrangement under paragraph (1) or (2)
if the proposal demonstrates that the arrangement
will—
‘‘(A) reduce administrative costs or pro-
gram function costs for State programs; and
‘‘(B) make more funds available for direct
services to add substantially to the welfare or
educational attainment of children to be served
under this part.
‘‘(e) DETERMINING NUMBERS
OF ELIGIBLE CHIL-
DREN.—In order to determine the estimated number of mi-
gratory children residing in each State for purposes of this
section, the Secretary shall—
‘‘(1) use such information as the Secretary finds
most accurately reflects the actual number of migra-
tory children; and
‘‘(2) adjust the full-time equivalent number of
migratory children who reside in each State to take
into account—
‘‘(A) the special needs of those children par-
ticipating in special programs provided under
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this part that operate during the summer or
other intersession periods or special programs
that operate at or through stop-over centers; and
‘‘(B) the additional costs of operating such
programs.
‘‘SEC. 1404. STATE APPLICATIONS; SERVICES.
‘‘(a) APPLICATION REQUIRED.—Any State wishing to
receive a grant under this part for any fiscal year shall
submit an application to the Secretary at such time and
in such manner as the Secretary may require.
‘‘(b) PROGRAM INFORMATION.—Each such application
shall include—
‘‘(1) a description of how, in planning, imple-
menting, and evaluating programs and projects as-
sisted under this part, the State and its local operat-
ing agencies will ensure that the special educational
needs of migratory children, including preschool mi-
gratory children, are identified and addressed through
a comprehensive plan for needs assessment and service
delivery that meets the requirements of section 1406;
‘‘(2) a description of the steps the State is taking
to provide all migratory students with the oppor-
tunity to meet the same challenging State content
standards and challenging State student performance
standards that all children are expected to meet;
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‘‘(3) a description of how the State will use its
funds to promote interstate and intrastate coordina-
tion of services for migratory children, including how,
consistent with procedures the Secretary may require,
the State will provide for educational continuity
through the timely transfer of pertinent school
records, including information on health, when chil-
dren move from one school to another, whether or not
such move occurs during the regular school year;
‘‘(4) a description of the State’s priorities for the
use of funds received under this part, and how such
priorities relate to the State’s assessment of needs for
services in the State; and
‘‘(5) a description of how the State will deter-
mine the amount of any subgrants the State will
award to local operating agencies and the amount of
funds that such agencies will provide to individual
schools, taking into account the requirements of para-
graph (1).
‘‘(c) ASSURANCES.—Each such application shall also
include assurances, satisfactory to the Secretary, that—
‘‘(1) such programs and projects will be carried
out in a manner consistent with the objectives of sec-
tions 1114, 1115(b), 1115(e), 1117, 1120(b), and
1120(c), and part G;
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‘‘(2) in the planning and operation of such pro-
grams and projects at both the State and local operat-
ing agency level, there is appropriate consultation
with parent advisory councils for programs of one
school year in duration, and that all such programs
and projects are carried out, to the extent feasible, in
a manner consistent with section 1116;
‘‘(3) the effectiveness of such programs and
projects will be determined, where feasible, using the
same approaches and standards that will be used to
assess the performance of students, schools, and local
educational agencies under part A; and
‘‘(4) to the extent feasible, such programs and
projects will provide for—
‘‘(A) advocacy and outreach activities for
migratory children and their families, including
informing such children and families of, or help-
ing such children and families gain access to,
other education, health, nutrition, and social
services;
‘‘(B) professional development programs, in-
cluding mentoring, for teachers and other pro-
gram personnel;
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‘‘(C) family literacy programs, including
such programs that use models developed under
Even Start;
‘‘(D) the integration of information tech-
nology into educational and related programs;
and
‘‘(E) programs to facilitate the transition of
secondary school students to postsecondary edu-
cation or employment; and
‘‘(5) the State will assist the Secretary in deter-
mining the number of migratory children under sec-
tion 1403(e), through such procedures as the Secretary
may require.
‘‘(d) PRIORITY FOR SERVICES.—In providing services
with funds received under this part, each recipient of such
funds shall give priority to migratory children who are fail-
ing, or most at risk of failing, to meet the State’s challeng-
ing State content standards and challenging State student
performance standards, and whose education has been in-
terrupted during the regular school year.
‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding
any other provision of this part—
‘‘(1) a child who ceases to be a migratory child
during a school term shall be eligible for services until
the end of such term; and
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‘‘(2) a child who is no longer a migratory child
may continue to receive services for one additional
school year, but only if comparable services are not
available through other programs.
‘‘SEC. 1405. SECRETARIAL APPROVAL; PEER REVIEW.
‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall
approve each application under this part that meets the re-
quirements of this part.
‘‘(b) PEER REVIEW.—The Secretary may review any
application under this part with the assistance and advice
of State officials and other individuals with relevant exper-
tise.
‘‘SEC. 1406. COMPREHENSIVE NEEDS ASSESSMENT AND
SERVICE-DELIVERY PLAN; AUTHORIZED AC-
TIVITIES.
‘‘(a) COMPREHENSIVE PLAN.—
‘‘(1) IN GENERAL.—Each State that receives as-
sistance under this part shall ensure that the State
and its local operating agencies identify and address
the special educational needs of migratory children in
accordance with a comprehensive State plan that—
‘‘(A) provides that migratory children will
have an opportunity to meet the same challeng-
ing State content standards and challenging
State student performance standards, set out in
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such plans, that all children are expected to
meet;
‘‘(B) specifies measurable program goals
and outcomes;
‘‘(C) encompasses the full range of services
that are available for migratory children from
appropriate local, State and Federal educational
programs;
‘‘(D) is the product of joint planning among
such local, State, and Federal programs, includ-
ing programs under part A, early childhood pro-
grams, and bilingual education programs under
part A of title VII; and
‘‘(E) provides for the integration of services
available under this part with services provided
by such other programs.
‘‘(2) DURATION OF THE PLAN.—Each such com-
prehensive State plan shall—
‘‘(A) remain in effect for the duration of the
State’s participation under this part; and
‘‘(B) be periodically reviewed and revised
by the State, as necessary, to reflect changes in
the State’s strategies and programs under this
part.
‘‘(b) AUTHORIZED ACTIVITIES.—
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‘‘(1) IN GENERAL.—In implementing the com-
prehensive plan described in subsection (a), each local
operating agency shall have the flexibility to deter-
mine the activities to be provided with funds made
available under this part, except that—
‘‘(A) before funds under this part are used
to provide services described in subparagraph
(B), such funds shall be used to meet the identi-
fied needs of migratory children that—
‘‘(i) result from the effects of their mi-
gratory lifestyle, or are needed to permit
migratory children to participate effectively
in school; and
‘‘(ii) are not addressed by services pro-
vided under other programs, including pro-
grams under part A;
‘‘(B) all migratory children who are eligible
to receive services under part A shall receive such
services with funds provided under this part or
under part A; and
‘‘(C) funds received under this part shall be
used only—
‘‘(i) for programs and projects, includ-
ing the acquisition of equipment, in accord-
ance with section 1406(b)(1); and
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‘‘(ii) to coordinate such programs and
projects with similar programs and projects
within the State and in other States, as
well as with other Federal programs that
can benefit migratory children and their
families.
‘‘(2) CONSTRUCTION.—Nothing in this part shall
be construed to prohibit a local operating agency from
serving migrant students simultaneously with stu-
dents with similar educational needs, in the same
educational settings where appropriate.
‘‘(3) SPECIAL
RULE.—Notwithstanding section
1114, a school that receives funds under this part
shall continue to address the identified needs de-
scribed in subparagraph (1)(A).
‘‘SEC. 1407. BYPASS.
‘‘The Secretary may use all or part of any State’s allo-
cation under this part to make arrangements with any pub-
lic or nonprofit agency to carry out the purpose of this part
in such State if the Secretary determines that—
‘‘(1) the State is unable or unwilling to conduct
educational programs for migratory children;
‘‘(2) such arrangements would result in more ef-
ficient and economic administration of such pro-
grams; or
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‘‘(3) such arrangements would add substantially
to the welfare or educational attainment of such chil-
dren.
‘‘SEC. 1408. COORDINATION OF MIGRANT EDUCATION AC-
TIVITIES.
‘‘(a) IMPROVEMENT OF COORDINATION.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the States, may make grants to, or enter
into contracts with, State educational agencies, local
educational agencies, institutions of higher education,
and other public and private entities to improve the
interstate and intrastate coordination among such
agencies’ educational programs, including the estab-
lishment or improvement of programs for credit ac-
crual and exchange, available to migratory students.
‘‘(2) EXTENSION.—The Secretary may extend
until January 1, 1996 the contract for the operation
of the migrant student record transfer system under
section 1203(a)(2)(A) of this Act (as such section was
in existence on the day preceding the date of enact-
ment of the Improving America’s Schools Act of
1994).
‘‘(b) REPORT.—Not later than October 1, 1995, the
Secretary shall submit a report to the Congress regarding
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the effectiveness of methods used by States to transfer migra-
tory students’ educational and health records.
‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of
carrying out this section in any fiscal year, the Secretary
shall reserve not more than $6,000,000 of the amount ap-
propriated to carry out this part for such year.
‘‘(d) INCENTIVE GRANTS.—From the amounts made
available to carry out this section, the Secretary may re-
serve not more than $1,500,000 to award grants in amounts
of not more than $100,000 to each State educational agency
entering into a consortium agreement described in section
1403(d).
‘‘PART E—EDUCATION FOR NEGLECTED AND
DELINQUENT YOUTH
‘‘SEC. 1501. PURPOSE; PROGRAM AUTHORIZED.
‘‘(a) PURPOSE.—It is the purpose of this part to—
‘‘(1) improve educational services to children in
institutions for neglected or delinquent children so
that such children have the opportunity to meet the
same challenging State content standards and chal-
lenging State student performance standards that all
children in the State will be expected to meet; and
‘‘(2) provide such children the services such chil-
dren need to make a successful transition from insti-
tutionalization to further schooling or employment.
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‘‘(b) PROGRAM AUTHORIZED.—In order to carry out
the purpose of this part, the Secretary shall make grants
to State educational agencies to enable such State edu-
cational agencies to award subgrants to State agencies to
establish or improve programs of education for neglected or
delinquent children in accordance with this part.
‘‘SEC. 1502. ELIGIBILITY.
‘‘A State agency is eligible for assistance under this
part if such State agency is responsible for providing free
public education for children—
‘‘(1) in institutions for neglected or delinquent
children;
‘‘(2) attending community day programs for ne-
glected or delinquent children; or
‘‘(3) in adult correctional institutions.
‘‘SEC. 1503. ALLOCATION OF FUNDS.
‘‘(a) SUBGRANTS TO STATE AGENCIES.—
‘‘(1) IN GENERAL.—Each State agency described
in section 1502 (other than an agency in the Com-
monwealth of Puerto Rico) is eligible to receive a
subgrant under this part, for each fiscal year, an
amount equal to the product of—
‘‘(A) the number of neglected or delinquent
children described in section 1502 who—
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‘‘(i) are enrolled for at least 15 hours
per week in education programs in adult
correctional institutions; and
‘‘(ii) are enrolled for at least 20 hours
per week—
‘‘(I) in education programs in in-
stitutions for neglected or delinquent
children; or
‘‘(II) in community day programs
for neglected or delinquent children;
and
‘‘(B) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount
determined under this paragraph shall not be
less than 32 percent, or more than 48 percent, of
the average per-pupil expenditure in the United
States.
‘‘(2) SPECIAL RULE.—The number of neglected
or delinquent children determined under paragraph
(1) shall—
‘‘(A) be determined by the State agency by
a date or dates set by the Secretary, except that
no State agency shall be required to determine
the number of such children on a specific date set
by the Secretary; and
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‘‘(B) be adjusted, as the Secretary deter-
mines is appropriate, to reflect the relative
length of such agency’s annual programs.
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO
RICO.—For each fiscal year, the amount of the subgrant
for which a State agency in the Commonwealth of Puerto
Rico is eligible under this part shall be equal to—
‘‘(1) the number of children counted under sub-
section (a)(1) for Puerto Rico; multiplied by
‘‘(2) the product of—
‘‘(A) the percentage that the average per-
pupil expenditure in Puerto Rico is of the lowest
average per-pupil expenditure of any of the 50
States; and
‘‘(B) 32 percent of the average per-pupil ex-
penditure in the United States.
‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT
APPROPRIATIONS.—If the amount appropriated for any fis-
cal year for subgrants under subsections (a) and (b) is in-
sufficient to pay the full amount for which all agencies are
eligible under such subsections, the Secretary shall ratably
reduce each such amount.
‘‘(d) PAYMENTS TO STATE EDUCATIONAL AGENCIES.—
‘‘(1) IN GENERAL.—The Secretary shall pay to
each State educational agency the total amount need-
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ed to make subgrants to State agencies in that State,
as determined under this section.
‘‘(2) ADMINISTRATIVE
EXPENSES.—Each State
educational agency may retain a portion of such total
amount for State administration of, in accordance
with section 1702(b).
‘‘SEC. 1504. STATE REALLOCATION OF FUNDS.
‘‘If a State educational agency determines that a State
agency does not need the full amount of the subgrant for
which such State agency is eligible under this part for any
fiscal year, the State educational agency may reallocate the
amount that will not be needed to other State agencies that
need additional funds to carry out the purpose of this part,
in such amounts as the State educational agency shall de-
termine.
‘‘SEC. 1505. STATE PLAN AND STATE AGENCY APPLICA-
TIONS.
‘‘(a) STATE PLAN.—
‘‘(1) IN
GENERAL.—Each State educational
agency that desires to receive payments under this
part shall submit, for approval by the Secretary, a
plan for meeting the needs of neglected and delinquent
children, which shall be revised and updated as need-
ed to satisfy the requirements of this section.
‘‘(2) CONTENTS.—Each such State plan shall—
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‘‘(A) describe the program goals, objectives,
and performance measures established by the
State that will be used to assess the effectiveness
of the program in improving academic and voca-
tional skills of children in the program;
‘‘(B) provide that, to the extent feasible,
such children will have the same opportunities to
learn as such children would have if such chil-
dren were in the schools of local educational
agencies in the State; and
‘‘(C) contain assurances that the State edu-
cational agency will—
‘‘(i) ensure that programs assisted
under this part will be carried out in ac-
cordance with the State plan described in
this subsection; and
‘‘(ii) carry out the evaluation require-
ments of section 1509 of this part.
‘‘(3) DURATION OF THE PLAN.—Each such State
plan shall—
‘‘(A) remain in effect for the duration of the
State’s participation under this part; and
‘‘(B) be periodically reviewed and revised
by the State, as necessary, to reflect changes in
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the State’s strategies and programs under this
part.
‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall approve
each State plan that meets the requirements of this
part.
‘‘(2) PEER REVIEW.—The Secretary may review
any State plan with the assistance and advice of in-
dividuals with relevant expertise.
‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen-
cy that desires to receive funds to carry out a program
under this part shall submit an application to the State
educational agency that—
‘‘(1) describes the procedures to be used, consist-
ent with the State plan under part A, to assess the
educational needs of the children to be served;
‘‘(2) describes the program, including a budget
for the first year of the program, with annual updates
to be provided to the State educational agency;
‘‘(3) describes how the program will meet the
goals and objectives of the State plan under this part;
‘‘(4) describes how the State agency will consult
with experts and provide the necessary training for
appropriate staff, to ensure that the planning and op-
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eration of institution-wide projects under section 1507
are of high quality;
‘‘(5) describes how the agency will carry out the
evaluation requirements of section 1509 and how the
results of the most recent evaluation were used to plan
and improve the program;
‘‘(6) includes data showing that the State agency
has maintained fiscal effort as if such agency were a
local educational agency, in accordance with section
10501;
‘‘(7) describes how the programs will be coordi-
nated with other State and Federal programs admin-
istered by the State agency;
‘‘(8) describes how appropriate professional de-
velopment will be provided to teachers and other staff;
and
‘‘(9) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children from the institution to locally
operated programs.
‘‘SEC. 1506. USE OF FUNDS.
‘‘(a) IN GENERAL.—
‘‘(1) IN
GENERAL.—A State agency shall use
funds received under this part only for programs and
projects that—
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‘‘(D) may include the costs of meeting the
evaluation requirements of section 1509.
‘‘(b) SUPPLEMENT, NOT
SUPPLANT.—A program
under this part that supplements the number of hours of
instruction students receive from State and local sources
shall be considered to comply with the ‘supplement, not sup-
plant’ requirement of section 1120(b) without regard to the
subject areas in which instruction is given during those
hours.
‘‘SEC. 1507. INSTITUTION-WIDE PROJECTS.
‘‘(a) PROJECTS AUTHORIZED.—A State agency that
provides free public education for children in an institution
for neglected or delinquent children (other than an adult
correctional institution) or attending a community-day
program for such children may use funds received under
this part to serve all children in, and upgrade the entire
educational effort of, that institution or program if the
State agency has developed, and the State educational agen-
cy has approved, a comprehensive plan for that institution
or program that—
‘‘(1) provides for a comprehensive assessment of
the educational needs of all individuals under the age
of 21 in the institution or program;
‘‘(2) describes the steps the State agency has
taken, or will take, to provide all children under age
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21 with the opportunity to meet challenging State
content standards and challenging State student per-
formance standards in order to improve the likelihood
that such children will complete secondary school and
find employment after leaving the institution;
‘‘(3) describes the instructional program, pupil
services, and procedures that will be used to meet the
needs described in paragraph (1), including, to the
extent feasible, the provision of mentors for students;
‘‘(4) specifically describes how such funds will be
used;
‘‘(5) describes the measures and procedures that
will be used to assess student progress;
‘‘(6) describes how the agency has planned, and
will implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions or community-day programs
for neglected or delinquent children and personnel
from the State educational agency; and
‘‘(7) includes an assurance that the State agency
has provided for appropriate training to teachers and
other instructional and administrative personnel to
enable such teachers and personnel to carry out the
project effectively.
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‘‘(b) PROJECTS REQUIRED.—Beginning with school
year 1996–1997, a State agency described in subsection (a)
shall use funds received under this part only for institution-
wide projects described in that subsection, except as pro-
vided in section 1510.
‘‘SEC. 1508. THREE-YEAR PROJECTS.
‘‘If a State agency operates a program or project under
this part in which individual children are likely to partici-
pate for more than one year, the State educational agency
may approve the State agency’s application for a subgrant
under this part for a period of not more than three years.
‘‘SEC. 1509. PROGRAM EVALUATIONS.
‘‘(a) SCOPE OF EVALUATION.—Each State agency that
conducts a program or project under this part shall evalu-
ate the program or project at least once every three years,
disaggregating data on participants by sex, and if feasible,
race, ethnicity or age, to determine the program or project’s
impact on the ability of participants to—
‘‘(1) maintain and improve educational achieve-
ment;
‘‘(2) accrue school credits that meet State re-
quirements for grade promotion and secondary school
graduation;
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‘‘(3) make the transition to a regular program or
other education program operated by a local edu-
cational agency; and
‘‘(4) complete secondary school and obtain em-
ployment after participants leave the institution.
‘‘(b) EVALUATION MEASURES.—In conducting each
such evaluation with respect to subsection (a)(1), a State
agency shall use multiple and appropriate measures of stu-
dent progress.
‘‘(c) EVALUATION
RESULTS.—Each State agency
shall—
‘‘(1) submit the results of each evaluation under
this section to the State educational agency; and
‘‘(2) use the results of evaluations under this sec-
tion to plan and improve subsequent programs for
participating children.
‘‘SEC. 1510. TRANSITION SERVICES.
‘‘(a) TRANSITION SERVICES.—Each State agency may
reserve not more than 10 percent of the amount such agency
receives under this part for any fiscal year to support
projects that facilitate the transition of children from State-
operated institutions for neglected and delinquent children
into locally operated programs.
‘‘(b) CONDUCT OF PROJECTS.—A project supported
under this section may be conducted directly by the State
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agency, or through a contract or other arrangement with
one or more local educational agencies, other public agen-
cies, or private nonprofit organizations.
‘‘(c) LIMITATION.—Any funds reserved under sub-
section (a) shall be used only to provide special educational
services, which may include pupil services and mentoring,
to neglected and delinquent children in schools other than
State-operated institutions.
‘‘(d) CONSTRUCTION.—Nothing in this section shall be
construed to prohibit a school that receives funds under sub-
section (a) from serving neglected and delinquent children
simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
‘‘SEC. 1511. DEFINITIONS.
‘‘For the purpose of this part—
‘‘(1) the term ‘adult correctional institution’
means a facility in which persons are confined as a
result of a conviction for a criminal offense, including
persons under 21 years of age;
‘‘(2) the term ‘community day program’ means
a regular program of instruction provided by a State
agency at a community day school operated specifi-
cally for neglected or delinquent children;
‘‘(3) the term ‘institution for delinquent children’
means a public or private residential facility for the
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care of children who have been adjudicated to be de-
linquent or in need of supervision; and
‘‘(4) the term ‘institution for neglected children’
means a public or private residential facility, other
than a foster home, that is operated for the care of
children who have been committed to the institution
or voluntarily placed in the institution under appli-
cable State law, due to abandonment, neglect, or
death of their parents or guardians.
‘‘PART F—FEDERAL EVALUATIONS AND
DEMONSTRATIONS
‘‘SEC. 1601. EVALUATIONS.
‘‘(a) NATIONAL ASSESSMENT.—
‘‘(1) IN GENERAL.—The Secretary shall conduct
a national assessment of programs assisted under this
title, in coordination with the ongoing Chapter 1
Longitudinal Study under subsection (c) of this sec-
tion, that shall be planned, reviewed, and conducted
in consultation with an independent panel of re-
searchers, State practitioners, local practitioners, and
other appropriate individuals.
‘‘(2) EXAMINATION.—The assessment shall exam-
ine how well schools, local educational agencies, and
States—
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‘‘(A) are progressing toward the goal of all
children served under this title reaching the
State’s challenging State content standards and
challenging State student performance standards;
and
‘‘(B) are accomplishing the purpose set forth
in section 1001(d) to achieve the goal described
in paragraph (1), including—
‘‘(i) ensuring challenging State content
standards and challenging State student
performance standards for all children
served under this title and aligning the ef-
forts of States, local educational agencies,
and schools to help such children reach such
standards;
‘‘(ii) providing children served under
this title an enriched and accelerated edu-
cational program through schoolwide pro-
grams or through additional services that
increase the amount and quality of instruc-
tional time that such children receive;
‘‘(iii) promoting schoolwide reform and
access for all children served under this title
to effective instructional strategies and chal-
lenging academic content;
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under section 5112 and the State’s plan under section
1111.
‘‘(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 distrib-
uted to such a local educational agency in a manner
the State educational agency determines will best pro-
mote the purposes of this part or the State’s plan
under section 1111.
‘‘SEC. 5116. LOCAL DRUG AND VIOLENCE PREVENTION PRO-
GRAMS.
‘‘(a) PROGRAM REQUIREMENTS.—A local educational
agency shall use funds received under this subpart to adopt
and carry out a comprehensive drug and violence preven-
tion program which shall—
‘‘(1) be designed, for all students and employees,
to—
‘‘(A) prevent the use, possession, and dis-
tribution of tobacco, alcohol and illegal drugs by
students and to prevent the illegal use, posses-
sion, and distribution of such substances by em-
ployees;
‘‘(B) prevent violence and promote school
safety; and