IB
Union Calendar No. 331
106TH CONGRESS
2D SESSION
H. R. 4141
[Report No. 106–608]
To amend the Elementary and Secondary Education Act of 1965, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 2000
Mr. GOODLING (for himself, Mr. CASTLE, Mr. MCKEON, Mr. BALLENGER, Mr.
PETRI, Mrs. ROUKEMA, Mr. BOEHNER, Mr. BARRETT of Nebraska, Mr.
HILLEARY, Mr. GREENWOOD, Mr. DEMINT, Mr. ISAKSON, Mr. FLETCH-
ER, Mr. MCINTOSH, Mr. NORWOOD, Mr. UPTON, and Mr. SAM JOHNSON
of Texas) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce
MAY 4, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 30, 2000]
A BILL
To amend the Elementary and Secondary Education Act
of 1965, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Education Opportuni-
ties To Protect and Invest In Our Nation’s Students (Edu-
cation OPTIONS) Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I—TRANSFERABILITY
Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Transferability.
TITLE II—DRUG AND VIOLENCE PREVENTION AND EDUCATION
Sec. 201. DRUG AND VIOLENCE PREVENTION AND EDUCATION
Sec. 202. Use of certain funds.
TITLE III—TECH FOR SUCCESS
Sec. 301. Tech for success.
TITLE IV—INNOVATIVE EDUCATION PROGRAMS
Sec. 401. Innovative education program strategies.
TITLE V—PROGRAMS OF NATIONAL SIGNIFICANCE
PART A—FUND FOR THE IMPROVEMENT OF EDUCATION
Sec. 501. Fund for the improvement of education.
PART B—ARTS EDUCATION
Sec. 511. Arts education.
PART C—PUBLIC CHARTER SCHOOLS
Sec. 521. Public charter schools.
PART D—CIVIC EDUCATION
Sec. 531. Civic education.
PART E—ALLEN J. ELLENDER FELLOWSHIP PROGRAM
Sec. 541. Allen J. Ellender Fellowship Program.
TITLE VI—GENERAL PROVISIONS
Sec. 601. General provisions.
Sec. 602. Repeals.
Sec. 603. Effective date.
SEC. 3. PURPOSE.
The purpose of this Act is to provide States and local
school districts with—
(1) resources to provide safe learning environ-
ments for all students;
(2) flexibility in managing Federal elementary
and secondary education programs and the option to
transfer certain education funds between formula pro-
grams to more effectively serve their students;
(3) technologies to enhance academic coursework
and prepare for the challenges of the 21st century;
and
(4) less bureaucracy and paperwork and more
dollars to the classroom for principals, teachers, and
students.
TITLE I—TRANSFERABILITY
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘State and Local Trans-
ferability Act’’.
SEC. 102. PURPOSE.
The purpose of this title is to grant flexibility to States
and school districts to target—
(1) Federal funds to Federal programs that most
effectively address the unique needs of States and lo-
calities; and
(2) additional Federal funds to title I programs.
SEC. 103. TRANSFERABILITY.
Part B of title XIV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801 et seq.) is amended
by adding at the end the following:
‘‘SEC. 14206. TRANSFERABILITY.
‘‘(a) STATE TRANSFER AUTHORITY.—
‘‘(1) IN GENERAL.—A State may transfer up to
100 percent of nonadministrative State funds allo-
cated to such State which are authorized to be used
for State-level activities under any of the following
provisions to the allocation of the State under any
other of such provisions:
‘‘(A) Title II (excluding national activities).
‘‘(B) Subpart 2 of part A of title III.
‘‘(C) Part A of title IV.
‘‘(D) Title VI.
‘‘(E) Part C of title VII.
‘‘(F) Comprehensive school reform programs
as authorized under section 1502 as described on
pages 96–99 of the Joint Statement of the Com-
mittee of Conference included in House Report
105–390 (Conference Report on the Departments
of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations
Act, 1998).
‘‘(2) SUPPLEMENTAL
FUNDS
FOR
TITLE
I.—A
State may transfer any funds allocated to the State
under a provision listed in paragraph (1) to its allo-
cation under title I.
‘‘(b) LOCAL EDUCATIONAL AGENCY TRANSFER AU-
THORITY.—
‘‘(1) TRANSFER OF FUNDS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (C), (D), and (E), a local educational
agency may transfer funds allocated to such
agency under any of the provisions listed in
paragraph (2).
‘‘(B) SUPPLEMENTAL
FUNDS
FOR
TITLE
I.—Subject to subparagraphs (C), (D), and (E),
a local educational agency may transfer funds
allocated to such agency under a provision listed
in paragraph (2) to its allocation under title I.
‘‘(C) UNDER
PERCENT.—A transfer
under subparagraph (A) or (B) of up to 35 per-
cent of the funds allocated to a local educational
agency under a provision listed in paragraph
(2) in a fiscal year may be made without State
approval.
‘‘(D) OVER 35 PERCENT.—Subject to para-
graph (3), a transfer under subparagraph (A) or
(B) in a fiscal year of funds allocated to a local
educational agency under a provision listed in
paragraph (2) in a fiscal year the amount of
which, when added to the amount of other trans-
fers by the agency of such funds in such fiscal
year, is more than 35 percent of such funds may
be made only with the approval of the State.
‘‘(E) TITLE II TRANSFERS.—If a local edu-
cational agency provides assurances that the
amount of funds expended for professional devel-
opment in mathematics and science under title
II in a fiscal year will equal or exceed the
amount of funds expended for the year preceding
the date of enactment of the Education OP-
TIONS Act such agency may transfer funds allo-
cated to it under title II.
‘‘(2) APPLICABLE PROVISIONS.—The provisions
from which a local educational agency may transfer
funds under this subsection are as follows:
‘‘(A) Title II (excluding national activities).
‘‘(B) Subpart 2 of part A of title III.
‘‘(C) Part A of title IV.
‘‘(D) Title VI.
‘‘(E) Part C of title VII.
‘‘(F) Section 310 of the Department of Edu-
cation Act, 2000, included in the Departments of
Labor, Health and Human Services, and Edu-
cation, and Related Agencies Appropriations
Act, 2000 (as enacted into law by section
1004(a)(4) of Public Law 106–113).
‘‘(3) SPECIAL APPROVAL.—If a local educational
agency submits to its State a written request to make
a transfer under this subsection that requires State
approval, the following applies:
‘‘(A) 60 DAYS FOR APPROVAL.—Such trans-
fer shall be deemed approved by the State unless
the State, within 60 days after receipt of such
transfer request, disapproves such request or
promptly notifies the agency in writing of such
revisions as may be necessary before the State
will approve the transfer.
‘‘(B) CONSIDERATION
FOR
APPROVAL.—
When approving a local education agency re-
quest to transfer an amount greater than 35 per-
cent, the State shall consider the degree to which
the transfer accomplishes the following:
‘‘(i) Enables the local educational
agency to direct resources to a Federal pro-
gram that more effectively addresses the
needs of their students, particularly the
most disadvantaged students.
‘‘(ii) Allows the local educational agen-
cy to target or focus resources to address
specific areas of need or priority when Fed-
eral requirements would otherwise prevent,
or significantly impede, such an effort.
‘‘(c) LIMITATION.—A State or a local educational
agency may not transfer any funds allocated to it under
title I to any other program under this Act.
‘‘(d) STATE PLAN AND APPLICATION MODIFICATION;
PRENOTIFICATION.—Each State transferring funds under
this section shall—
‘‘(1) modify any plan or application of the State
that is applicable to such funds to account for such
transfer and submit, within 30 days after the date of
such transfer, a copy of such modified plan or appli-
cation to the Department of Education; and
‘‘(2) notify the Department of Education no less
than 30 days before the effective date of such transfer.
‘‘(e) LOCAL PLAN AND APPLICATION MODIFICATION;
PRENOTIFICATION.—Each local educational agency trans-
ferring funds under this section shall—
‘‘(1) modify any plan or application of the agen-
cy that is applicable to such funds to account for such
transfer and submit, within 30 days after the date of
such transfer, a copy of such modified plan or appli-
cation to the State; and
‘‘(2) notify the State no less than 30 days before
the effective date of such transfer.
‘‘(f) APPLICABLE RULES.—Except as otherwise pro-
vided in this subsection, when funds are transferred to an
allocation under this section, they become funds of the allo-
cation to which they are transferred and subject to all the
requirements that are applicable to that allocation.’’.
TITLE II—DRUG AND VIOLENCE
PREVENTION AND EDUCATION
SEC. 201. DRUG AND VIOLENCE PREVENTION AND EDU-
CATION.
Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended to read
as follows:
‘‘TITLE IV—SUPPORTING DRUG
AND VIOLENCE PREVENTION
AND EDUCATION FOR STU-
DENTS AND COMMUNITIES
‘‘SEC. 4001. SHORT TITLE.
‘‘This title may be cited as the ‘Supporting Drug and
Violence Prevention and Education for Students and Com-
munities Act of 2000’.
‘‘SEC. 4002. FINDINGS.
‘‘Congress finds as follows:
‘‘(1) Students need drug-free and safe schools
and communities in order to maximize their aca-
demic performance and their future opportunities.
‘‘(2) Drug use among children ages 12 through
17 doubled from the historic low year of 1992, when
5.3 percent of youth in that age group were current
users, as compared to 11.4 percent in 1997. While
youth use of some drugs, including hallucinogens, has
slightly dropped since 1997, use of other drugs, such
as ecstasy, has increased in 1999 (up 1.1 percent in
use among 10th graders).
‘‘(3) Drug use by youth increases the likelihood
that a child will be delinquent, engage in high-risk
sexual activity, not finish high school, and commit
theft, violence, and vandalism.
‘‘(4) Drug use among rural youth is higher than
that of youth in large urban centers, and these rural
youth abuse quite serious drugs, including meth-
amphetamine and cocaine. Many rural communities
have few resources for helping youth avoid drug use.
‘‘(5) Drug and violence prevention programs and
activities need to include efforts to prevent underage
use of tobacco and alcohol, and are more likely to suc-
ceed when such efforts are included. Drug and vio-
lence prevention research calls for aggressive activities
to prevent the use of these gateway drugs.
‘‘(6) Students continue to face physical harm
while at school. From 1993 to 1997, between 7 to 8
percent of students in grades 9 through 12 were
threatened or injured with a weapon on school prop-
erty over a 12-month period. Roughly 12 percent of
students in grades 9 through 12 reported being in a
physical fight on school property during a 12-month
period between 1993 and 1997.
‘‘(7) While schools statistically are one of the
safest places for youth, students report an increase in
their perception that they risk harm while at school,
perhaps partly due to the recent instances of extreme
violence in schools.
‘‘(8) Drug and violence prevention programs
that incorporate ‘protective factors’ tend to reduce
drug use and violence. Protective factors include a
student feeling connected to parents and family, prac-
ticing religion and prayer, having parents present at
key times of the day, having high educational expecta-
tions, feeling part of the school, and having high self-
esteem.
‘‘(9) After school programs, because they keep
youth in supervised settings, prevent drug use and vi-
olence at least during the time of those programs. Re-
search indicates that the juvenile crime rate triples
between the hours of 3 p.m. and 6 p.m., and children
in particular are most likely to be victims of a violent
crime committed by a non-family member between 2
p.m. and 6 p.m.
‘‘SEC. 4003. PURPOSE.
‘‘The purpose of this title is to support programs that
prevent the use of drugs, that prevent violence, that involve
parents and communities, and that are coordinated with
related Federal, State, and community efforts and resources
to foster a learning environment in which students increase
their academic achievement, through the provision of Fed-
eral assistance to—
‘‘(1) States for grants to local educational agen-
cies and consortia of such agencies to establish, oper-
ate, and improve local programs of drug and violence
prevention in elementary and secondary schools;
‘‘(2) States for grants to, and contracts with,
community-based organizations and other public and
private nonprofit and for-profit agencies and organi-
zations for programs of drug and violence prevention
and education;
‘‘(3) States for grants to local educational agen-
cies, community-based organizations, and private
nonprofit and for-profit organizations for before and
after school programs for youth and continuing edu-
cational opportunities for individuals of all ages; and
‘‘(4) public and private nonprofit and for-profit
organizations to conduct training, demonstrations,
and evaluations, and to provide supplementary serv-
ices for drug and violence prevention.
‘‘SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated—
‘‘(1) $1,033,377,000 for fiscal year 2000, and
such sums as may be necessary for each of the five
succeeding fiscal years, for State grants under part A;
and
‘‘(2) $20,000,000 for fiscal year 2000, and for
each of the five succeeding fiscal years, for national
programs under part B.––
‘‘PART A—STATE GRANTS FOR DRUG AND
VIOLENCE PREVENTION PROGRAMS
‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—From the amount made avail-
able under section 4004(1) to carry out this part for each
fiscal year, the Secretary—
‘‘(1) shall reserve 0.5 percent (or $5,166,885,
whichever is greater) of such amount for grants under
this subpart to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, to be allotted in accord-
ance with the Secretary’s determination of their re-
spective needs; and
‘‘(2) shall reserve 0.5 (or $5,166,885, whichever
is greater) of such amount for the Secretary of the In-
terior to carry out programs under this part for In-
dian youth.
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall, for each fiscal year, al-
locate among the States—
‘‘(A) one-half of the remainder not reserved
under subsection (a) according to the ratio be-
tween the school-aged population of each State
and the school-aged population of all the States;
and
‘‘(B) one-half of such remainder according
to the ratio between the amount each State re-
ceived under part A of title I for the preceding
year and the sum of such amounts received by
all the States.
‘‘(2) MINIMUM.—For any fiscal year, no State
shall be allotted under this subsection an amount that
is less than one-half of 1 percent of the total amount
allotted to all the States under this subsection.
‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any State
does not apply for an allotment under this subpart for a
fiscal year, the Secretary shall reallot the amount of the
State’s allotment to the remaining States in accordance
with this section.
‘‘SEC. 4112. WITHIN-STATE DISTRIBUTION.
‘‘(a) GOVERNOR’S ALLOCATION.—
‘‘(1) IN GENERAL.—The chief executive officer of
a State may reserve not more than 10 percent of the
total amount allocated to a State under section 4111
for each fiscal year for drug and violence prevention
programs and activities in accordance with section
4115.
‘‘(2) LAW ENFORCEMENT EDUCATION PARTNER-
SHIPS.—The chief executive officer of a State shall use
not less than 10 percent and not more than 20 per-
cent of the amount described in paragraph (1) for
each fiscal year for law enforcement education part-
nerships in accordance with section 4115(b)(3).
‘‘(3) ADMINISTRATIVE COSTS.—The chief execu-
tive officer of a State may use not more than 3 per-
cent of the amount described in paragraph (1) for the
administrative costs incurred in carrying out the du-
ties of such officer under this section.
‘‘(4) GRANT AWARDS.—The chief executive officer
of a State shall use the remainder of funds not re-
served under paragraphs (2) and (3) to award com-
petitive grants and contracts for programs or activi-
ties that improve comprehensive community-wide pre-
vention efforts or provide direct services to youth at
the local level. Such officer shall award grants based
on—
‘‘(A) the quality of the activity or program
proposed; and
‘‘(B) how closely the program or activity is
aligned with the appropriate principles of effec-
tiveness described in section 4115(a).
‘‘(b) STATE FUNDS.—
‘‘(1) IN GENERAL.—An amount equal to the total
amount allotted to a State under section 4111, less
the amount reserved under subsection (a) and para-
graphs (2) and (3) of this subsection, for each fiscal
year shall be made available to the State and its local
educational agencies for drug and violence prevention
activities in accordance with section 4115.
‘‘(2) STATE ACTIVITIES.—A State shall use not
more than 2 percent of the amount available under
paragraph (1) for State activities described in section
4115(c).
‘‘(3) STATE ADMINISTRATION.—A State may use
not more than 2 percent of the amount made avail-
able under paragraph (1) for the administrative costs
of carrying out its responsibilities under this part.
‘‘(c) DISTRIBUTION TO LOCAL EDUCATIONAL AGEN-
CY.—
‘‘(1) IN GENERAL.—(A) A State shall distribute
not less than 96 percent of the amount made available
under subsection (b) for each fiscal year as follows:
‘‘(i) 70 percent of such amount to local edu-
cational agencies, based on the relative enroll-
ments in public and private nonprofit elemen-
tary and secondary schools within the bound-
aries of such agencies.
‘‘(ii) 30 percent of such amount to local
educational agencies that the State determines
have the greatest need for additional funds to
carry out drug and violence prevention programs
in accordance with subparagraph (B), a portion
of which shall be distributed in accordance with
subparagraph (F).
‘‘(B) In awarding funds under clause (ii) of sub-
paragraph (A), a State shall give special consider-
ation to agencies that pursue a comprehensive ap-
proach to drug and violence prevention by providing
or incorporating mental health services in their pro-
grams.
‘‘(C) Of the amount received under paragraph
(1), a local educational agency may use not more
than 2 percent for the administrative costs of car-
rying out its responsibilities under this part.
‘‘(D) In determining which local educational
agencies have the greatest need for additional funds,
a State shall consider objective data such as—
‘‘(i) high rates of drug use among youth;
‘‘(ii) high rates of victimization of youth by
violence and crime;
‘‘(iii) high rates of arrests and convictions
of youth for violent or drug related crime;
‘‘(iv) high incidence of illegal gang activity;
‘‘(v) high rates of referrals of youths to drug
abuse treatment and rehabilitation programs;
‘‘(vi) high rates of referrals of youths to ju-
venile court;
‘‘(vii) high rates of expulsions and suspen-
sions of students from schools;
‘‘(viii) high rates of reported cases of child
abuse and domestic violence;
‘‘(ix) local fiscal capacity to fund drug and
violence prevention activities and programs
without Federal assistance;
‘‘(x) high rates of drug related emergencies
or deaths;
‘‘(xi) high degree of geographically rural
isolation; and
‘‘(xii) local fiscal capacity to fund before
and after school activities for youth without Fed-
eral assistance.
‘‘(E) The distribution of funds shall reflect the
geographical diversity of local educational agencies in
the State.
‘‘(F) Of the amount made available for distribu-
tion under paragraph (2)(A)(ii), a State shall dis-
tribute 30 percent of such amount for grants to local
educational agencies in need of assistance to plan,
implement, or expand alternative education programs
(which may include in-school suspensions, Saturday
school, alternative schools within schools, charter
schools with a focus on alternative programs and
services, and alternative schools) giving priority to
programs or activities that serve students who have
been suspended or expelled from school. Such pro-
grams and services may include—
‘‘(i) programs and activities designed
to reduce the incidence of suspensions and
expulsions;
‘‘(ii) mental health services;
‘‘(iii) behavior management, social
skills instruction and other programs and
activities designed to increase a student’s
sense of community, such as service learn-
ing and character education;
‘‘(iv) tutoring, mentoring, and other
activities to improve academic performance;
‘‘(v) support services to help a student
transition back into regular school pro-
grams; and
‘‘(vi) parental and family involvement
activities.
‘‘(2) RETURN OF FUNDS TO STATE; REALLOCA-
TION.—
‘‘(A) RETURN.—Except as provided in sub-
paragraph (B), upon the expiration of the 1-year
period beginning on the date that a local edu-
cational agency receives its allocation—
‘‘(i) such agency shall return to the
State any funds from such allocation that
remain unobligated; and
‘‘(ii) the State shall reallocate any such
amount to local educational agencies that
have plans for using such amount for pro-
grams or activities on a timely basis.
‘‘(B) CARRYOVER.—In any fiscal year, a
local educational agency, may retain for obliga-
tion in the succeeding fiscal year—
‘‘(i) an amount equal to not more than
25 percent of the allocation it received
under this title for such fiscal year; or
‘‘(ii) upon a demonstration of good
cause by such agency or consortium and ap-
proval by the State, an amount that exceeds
25 percent of such allocation.
‘‘SEC. 4113. STATE APPLICATION.
‘‘(a) IN GENERAL.—In order to receive an allotment
under section 4111 for any fiscal year, a State shall submit
to the Secretary, at such time as the Secretary may require,
an application that—
‘‘(1) describes how funds under this subpart will
be coordinated with programs under this Act, and
other drug and violence prevention programs, as ap-
propriate, in accordance with the provisions of section
14306;
‘‘(2) contains the results of the State’s needs as-
sessment for drug and violence prevention programs,
which shall be based on the results of on-going State
evaluation activities, including data on the incidence
and prevalence of drug use and violence by youth in
schools and communities;
‘‘(3) contains assurances that the sections of the
application concerning the funds provided to the chief
executive officer and the State were developed in con-
sultation and coordination with appropriate State of-
ficials and others, including the chief executive officer,
the chief State school officer, the head of the State al-
cohol and drug abuse agency, the heads of the State
health and mental health agencies, the head of the
State criminal justice planning agency, the head of
the State child welfare agency, the head of the State
board of education, or their designees, and representa-
tives of parents, students, and community-based orga-
nizations, including religious organizations;
‘‘(4) contains an assurance that the State will
cooperate with, and assist, the Secretary in con-
ducting data collection as required by section 4116;
‘‘(5) contains an assurance that the chief execu-
tive officer of the State and the chief State school offi-
cer will coordinate program administration and ac-
tivities under this part and will coordinate with drug
and violence prevention efforts established by other
State agencies; and
‘‘(6) contains an assurance that the local edu-
cational agencies in the State will comply with the
provisions of section 14503 pertaining to the partici-
pation of private school children and teachers in the
programs and activities under this part.
‘‘(b) GOVERNOR’S APPLICATION.—An application sub-
mitted under this section shall also contain a comprehensive
plan for the use of funds under section 4115(b) by the chief
executive officer that includes—
‘‘(1) a statement of the chief executive officer’s
performance measures for drug and violence preven-
tion. The chief executive officer’s performance meas-
ures shall consist of—
‘‘(A) performance indicators for drug and
violence prevention, and;
‘‘(B) levels of performance for each perform-
ance indicator;
‘‘(2) a description of the procedures to be used
for assessing and publicly reporting progress toward
meeting such performance measures;
‘‘(3) a description of how the chief executive offi-
cer will coordinate such officer’s activities under this
part with the chief State school officer and with State
agencies and organizations involved with drug and
violence prevention efforts;
‘‘(4) a description of how funds allocated under
section 4112(a) will be used—
‘‘(A) to enhance the efforts of other State
agencies and local educational agencies with re-
gard to the provision of school-based drug and
violence prevention efforts and services; and
‘‘(B) to serve populations not normally
served by the State educational agency, such as
school dropouts and youth in detention centers;
‘‘(5) a description of how the chief executive offi-
cer will award funds under section 4115(b) in order
to support activities and programs that meet the
principles of effectiveness and a plan for monitoring
the performance of, and providing technical assistance
to, recipients of such funds;
‘‘(6) a description of the special outreach activi-
ties that will be carried out to maximize the partici-
pation of community-based organizations, including
religious organizations;
‘‘(7) a description of how funds will be used to
support community-wide comprehensive drug and vi-
olence prevention planning, implementation strate-
gies, and programs, including before and after school
and continuing education programs; and
‘‘(8) an assurance that drug prevention pro-
grams supported under this part convey a clear and
consistent message that the use of drugs is wrong and
harmful.
‘‘(c) STATE APPLICATION.—The State shall include in
its application a comprehensive plan for the use of funds
under section 4115(c), including the following:
‘‘(1) A statement of the State’s performance
measures for drug and violence prevention that shall
be developed in consultation between the State and
local officials and that consist of—
‘‘(A) performance indicators for drug and
violence prevention; and
‘‘(B) levels of performance for each perform-
ance indicator.
‘‘(2) A description of the procedures the State
will use for assessing and publicly reporting progress
toward meeting those performance measures;
‘‘(3) A plan for monitoring the implementation
of, and providing technical assistance regarding, the
drug and violence prevention programs conducted by
local educational agencies in accordance with section
4115(d); and
‘‘(4) A description of how the State educational
agency will coordinate such agency’s activities under
this part with the chief executive officer’s drug and
violence prevention programs and with the drug and
violence prevention efforts of other State agencies.
‘‘(d) GENERAL APPROVAL.—A State application sub-
mitted to the Secretary under this title shall be deemed to
be approved by the Secretary unless the Secretary makes
a written determination, prior to the expiration of the 90-
day period beginning on the date that the Secretary receives
the application, that the application is in violation of this
title.
‘‘(e) DISAPPROVAL.—The Secretary shall not finally
disapprove a State application, except after giving the
State notice and opportunity for a hearing.
‘‘SEC. 4114. LOCAL EDUCATIONAL AGENCY APPLICATION.
‘‘(a) IN GENERAL.—In order to be eligible to receive
a distribution under section 4112(c) for any fiscal year, a
local educational agency shall submit, at such time as the
State requires, an application to the State. Such an appli-
cation shall be amended, as necessary, to reflect changes in
the activities and programs of the local educational agency.
‘‘(b) DEVELOPMENT.—
‘‘(1) CONSULTATION.—A local educational agen-
cy shall develop its application through timely and
meaningful consultation with a local or substate re-
gional advisory council, as described in subsection (c).
‘‘(2) DESIGN
AND
DEVELOPMENT.—To ensure
timely and meaningful consultation, a local edu-
cational agency shall, in accordance with subsection
(c), establish and consult with a local or substate re-
gional advisory council on issues regarding the design
and development of the program or activity, includ-
ing efforts to meet the principles of effectiveness de-
scribed in section 4115(a). Such meetings with the
advisory council shall occur beginning at the initial
stages of design and development of the program or
activity.
‘‘(c) ADVISORY COUNCIL.—
‘‘(1) REPRESENTATION.—In establishing a local
or substate regional advisory council, the local edu-
cational agency shall include, to the extent possible,
representatives of local government, business, parents,
students, teachers, pupil services personnel, appro-
priate State agencies, private schools, the medical
profession, law enforcement, community-based organi-
zations, private for-profit organizations, religious or-
ganizations, and other groups with interest and ex-
pertise in drug and violence prevention, including be-
fore and after school and continuing education pro-
grams.
‘‘(2) DUTIES.—In addition to assisting the local
educational agency to develop an application under
this section, the advisory council shall, on an ongoing
basis—
‘‘(A) disseminate information about drug
and violence prevention programs and activities
conducted within the boundaries of the local edu-
cational agency;
‘‘(B) advise the local educational agency
regarding—
‘‘(i) how best to coordinate such agen-
cy’s activities under this part with other re-
lated drug and violence prevention strate-
gies, programs, and activities; and
‘‘(ii) the agencies that administer such
programs, projects, and activities; and
‘‘(C) review program and activity evalua-
tions and other relevant material and make rec-
ommendations to the local educational agency on
how to improve such agency’s drug and violence
prevention programs and activities.
‘‘(d) CONTENTS OF APPLICATIONS.—An application
submitted by a local educational agency under this section
shall contain—
‘‘(1) a detailed explanation of the local edu-
cational agency’s comprehensive plan for drug and vi-
olence prevention, which shall include a description
of—
‘‘(A) how the plan will be coordinated with
programs under this Act, and other Acts dealing
with drug and violence prevention, as appro-
priate, in accordance with the provisions of sec-
tion 14306;
‘‘(B) the local educational agency’s perform-
ance measures for drug and violence prevention,
that shall consist of—
‘‘(i) performance indicators for drug
and violence prevention; and
‘‘(ii) levels of performance for each per-
formance indicator;
‘‘(C) how such agency will assess and pub-
licly report progress toward attaining its per-
formance measures;
‘‘(D) the drug and violence prevention ac-
tivity or program (including before and after
school programs and continuing education ac-
tivities) to be funded, including how the activity
or program will meet the principles of effective-
ness described in section 4115(a), and the means
of evaluating such activity or program;
‘‘(E) how the local educational agency will
coordinate such agency’s activities and programs
with community-wide efforts to achieve such
agency’s performance measures for drug and vio-
lence prevention;
‘‘(F) how the local educational agency will
coordinate such agency’s activities and programs
with other Federal, State, and local programs for
youth drug and violence prevention, including
before and after school programs and continuing
education activities;
‘‘(2) a certification that a meaningful assessment
has been conducted to determine community needs,
available resources in the private sector, and capacity
in the private sector, the findings of such assessments,
and a description of the mechanisms used to provide
effective notice to the community of an intention to
submit an application under this title;
‘‘(3) an assurance that drug prevention pro-
grams supported under this part convey a clear and
consistent message that the use of drugs is wrong and
harmful; and
‘‘(4) such other information and assurances as
the State may reasonably require.
‘‘(e) PEER REVIEW.—
‘‘(1) IN GENERAL.—In reviewing local applica-
tions under this section, a State shall use a peer re-
view process or other methods of assuring the quality
of such applications.
‘‘(2) CONSIDERATIONS.—(A) In determining
whether to approve the application of a local edu-
cational agency under this section, a State shall con-
sider the quality of the local educational agency’s
comprehensive plan, including the degree to which the
principles of effectiveness described in section 4115(a)
are met.
‘‘(B) GENERAL APPROVAL.—A local educational
agency’s application submitted to the State under this
title shall be deemed to be approved by the State un-
less the State makes a written determination, prior to
the expiration of the 90-day period beginning on the
date that the State receives the application, that the
application is in violation of this title.
‘‘(C) DISAPPROVAL.—The State shall not finally
disapprove a local educational agency application,
except after giving such agency notice and oppor-
tunity for a hearing.
‘‘SEC. 4115. AUTHORIZED ACTIVITIES.
‘‘(a) PRINCIPLES OF EFFECTIVENESS.—
‘‘(1) IN GENERAL.—For a program or activity
developed pursuant to this part to meet the principles
of effectiveness, such program or activity shall—
‘‘(A) be based upon an assessment of objec-
tive data—
‘‘(i) regarding the drug and violence
problems in the elementary and secondary
schools and communities to be served, in-
cluding an objective analysis of the current
conditions and consequences regarding drug
use and violence, including delinquency and
serious discipline problems, among students
who attend such schools (including private
school students who participate in the drug
and violence prevention program) that is
based on ongoing local assessment or eval-
uation activities;
‘‘(ii) regarding the current drug and
violence prevention strategies, programs,
and activities, including before and after
school programs and continuing education
activities, in such schools and communities;
and
‘‘(iii) 
regarding 
student 
academic
achievement and current programs and ac-
tivities 
to 
increase 
student 
academic
achievement;
‘‘(B) be based upon an established set of
performance measures aimed at ensuring that all
elementary and secondary schools and commu-
nities served by the local educational agency
have a drug-free, safe, and orderly learning envi-
ronment; and
‘‘(C) be based upon scientifically based re-
search that provides evidence that the program to
be used will prevent or reduce drug use and vio-
lence, including delinquency and serious dis-
cipline problems among youth.
‘‘(2) PERIODIC EVALUATION.—The program or
activity shall undergo a periodic evaluation to assess
its progress toward achieving its goals and objectives.
The results shall be used to refine, improve, and
strengthen the program, and to refine the performance
measures. The results shall also be made available to
the public upon request, with public notice of such
availability provided.
‘‘(3) WAIVER.—A local educational agency or
community-based organization may apply to the
State for a waiver of the requirement of paragraph
(1)(C) to allow innovative activities or programs that
demonstrate substantial likelihood of success in drug
and violence prevention or in beneficially serving the
community.
‘‘(b) GOVERNORS’ ACTIVITIES.—
‘‘(1) IN GENERAL.—A chief executive officer of a
State shall use funds made available under section
4112(a) for competitive grants or contracts with local
educational agencies, parent groups, community-
based organizations, religious organizations, and
other public entities and private organizations, in-
cluding for-profit organizations, and consortia there-
of, including community anti-drug coalitions—
‘‘(A) to support drug and violence preven-
tion strategies, programs, and activities, includ-
ing before and after school activities, continuing
education programs, and alternative education
activities, that provide comprehensive commu-
nity-wide prevention efforts or direct services to
prevent drug use and violence in schools and
communities; and
‘‘(B) to reward drug and violence preven-
tion programs of exceptional quality.
‘‘(2) CONSIDERATIONS.—In making such grants
and contracts, a chief executive officer of a State—
‘‘(A) shall require that any program or ac-
tivity meet the principles of effectiveness;
‘‘(B) shall give priority to programs and
activities for populations that need special serv-
ices or additional resources (such as youth in ju-
venile detention facilities, runaway or homeless
children and youth, pregnant and parenting
teenagers, and school dropouts); and
‘‘(C) may require partnerships between
local educational agencies and other groups or
organizations, including religious organizations,
in order to receive funds.
‘‘(3) REQUIRED ACTIVITIES.—A chief executive
officer of a State shall use funds made available
under section 4112(a)(2) to award grants to State,
county or local law enforcement agencies (including
district attorneys) in consortium with local edu-
cational agencies or community-based agencies for the
purposes of carrying out drug and violence prevention
activities, such as—
‘‘(A) programs that provide classroom in-
struction by uniformed law enforcement officials
designed to teach students to recognize and resist
pressures to experiment with drugs and that
meet the principles of effectiveness;
‘‘(B) programs in which district attorneys
provide classroom instruction in the law and
legal system, which emphasizes interactive learn-
ing techniques such as mock trial competitions;
or
‘‘(C) partnerships between law enforcement
and child guidance professionals, which may in-
clude mental health providers.
‘‘(c) STATE ACTIVITIES.—A State shall use the funds
described in section 4112(b)(2) to plan, develop, and imple-
ment capacity building, technical assistance, account-
ability, program improvement services, and coordination
activities for local educational agencies that are designed
to support the implementation of drug and violence preven-
tion programs, including before and after school programs
and continuing education activities. A State may carry out
these activities directly, or through grants and contracts.
‘‘(d) LOCAL EDUCATIONAL AGENCY ACTIVITIES.—
‘‘(1) PROGRAM
REQUIREMENTS.—A local edu-
cational agency shall use funds described in section
4112(c) to develop, implement, and evaluate a com-
prehensive drug and violence prevention program,
which is coordinated with other school and commu-
nity-based services and programs, that shall—
‘‘(A) be consistent with the principles of ef-
fectiveness described in subsection (a);
‘‘(B) be designed to—
‘‘(i) prevent or reduce drug use or vio-
lence, including through the prevention of
delinquency, serious discipline problems
and poor academic performance; and
‘‘(ii) create a well disciplined environ-
ment conducive to learning, which includes
consultation between teachers and school
personnel to identify early warning signs of
drug use and violence and to provide behav-
ioral interventions as part of classroom
management efforts;
‘‘(C) include activities to promote the in-
volvement of parents in the activity or program,
to promote coordination with community groups
and coalitions, including religious organizations,
and government agencies, and to distribute in-
formation about the local educational agency’s
needs, goals, and programs under this part; and
‘‘(D) address before and after school activi-
ties and continuing education needs of youth
and adults in the community.
‘‘(2) AUTHORIZED ACTIVITIES.—Each local edu-
cational agency, or consortium of such agencies, that
receives a subgrant under section 4112(c) may use
such funds to carry out youth drug and violence pre-
vention activities, including before and after school
programs and continuing education activities, in the
elementary and secondary schools and communities,
such as—
‘‘(A) developmentally appropriate drug and
violence prevention programs that serve students
in both elementary and secondary school and
that incorporate a variety of prevention strate-
gies and activities, which may include—
‘‘(i) teaching students that most people
do not use drugs;
‘‘(ii) teaching students to recognize so-
cial and peer pressure to use drugs;
‘‘(iii) teaching students skills for resist-
ing drug use;
‘‘(iv) engaging students in the learning
process;
‘‘(v) using developmentally appro-
priate teaching materials;
‘‘(vi) incorporating activities in sec-
ondary schools that reinforce prevention ac-
tivities implemented in elementary schools;
and
‘‘(vii) involving families and commu-
nities in setting clear expectations against
drug use and enforcing consequences for
drug use;
‘‘(B) before and after school programs and
continuing education opportunities for individ-
uals of all ages, such as—
‘‘(i) 
integrated 
educational, 
rec-
reational, or cultural programs, including
curriculum based entrepreneurial education
programs, remedial education programs,
and extended learning programs;
‘‘(ii) literacy education programs (in-
cluding family literacy services);
‘‘(iii) youth science education pro-
grams;
‘‘(iv) consumer, economic, and personal
finance education programs;
‘‘(v) senior citizen and adult education
programs (including programs for individ-
uals who leave school before graduating
from secondary school, regardless of the age
of such individual);
‘‘(vi) parenting skills education pro-
grams;
‘‘(vii) educational children’s day care
services;
‘‘(viii) summer and weekend school
programs in conjunction with recreation
programs;
‘‘(ix) expanded library service hours to
serve community needs;
‘‘(x) distance learning, technology, and
Internet education programs for individuals
of all ages;
‘‘(xi) educational services for individ-
uals with disabilities;
‘‘(xii) peer resistance education; and
‘‘(xiii) arts and music education;
‘‘(C) training and development of school
personnel in youth drug and violence prevention,
including training in early identification, inter-
vention, and prevention of threatening behavior;
‘‘(D) parental involvement and training in
youth drug and violence prevention, including
early identification of potential youth violence;
‘‘(E) community involvement activities per-
taining to youth drug and violence prevention;
‘‘(F) law enforcement and security activi-
ties, including the acquisition and installation of
metal detectors and the hiring and training of
security personnel, that are related to youth drug
and violence prevention;
‘‘(G) comprehensive school security assess-
ments;
‘‘(H) creating and maintaining safe zones
of passage to and from school to prevent violence
and drug use and trafficking;
‘‘(I) counseling, mentoring, and referral
services, and other student assistance practices
and programs, including training of teachers by
school-based mental health service providers in
appropriate identification and intervention tech-
niques for disciplining and teaching students at
risk of violent behavior;
‘‘(J) services and activities that reduce the
need for suspension and expulsion in maintain-
ing classroom order and school discipline;
‘‘(K) establishing and implementing a sys-
tem for transferring suspension and expulsion
records by a local educational agency to any
public or private elementary or secondary school;
‘‘(L) allowing students attending unsafe
public elementary and secondary schools, as de-
termined by the State, to attend a safe public
school, including a public charter school, in the
same State as the unsafe public elementary and
secondary school, and allowing payment of rea-
sonable transportation costs for such students;
‘‘(M) establishing or enhancing programs or
initiatives that improve academic achievement;
‘‘(N) the development and implementation
of character education and training programs
that reflect the values of parents, teachers, and
local communities, and incorporate elements of
good character, including honesty, citizenship,
courage, justice, respect, personal responsibility,
and trustworthiness;
‘‘(O) testing students for illegal drug use or
conducting student locker searches for illegal
drugs or drug paraphernalia;
‘‘(P) establishing of school uniform policies;
‘‘(Q) emergency intervention services fol-
lowing traumatic crisis events, such as a shoot-
ing, major accident, or a drug-related incident,
that has disrupted the learning environment;
‘‘(R) establishing and maintaining a school
violence hotline;
‘‘(S) conducting background checks of school
personnel;
‘‘(T) expanding and improving school-based
mental health services, including early identi-
fication of drug use and violence, assessment,
and direct individual or group counseling serv-
ices provided to students, parents, and school
personnel by qualified school based mental health
services personnel;
‘‘(U) hiring and training coordinators of
drug and violence prevention programs serving
students in grades six through nine;
‘‘(V) mentoring and tutoring services for
students provided by senior citizen volunteers;
‘‘(W) alternative education programs or
services for students who have been expelled or
suspended from the regular educational settings,
including programs or services to assist students
to reenter the regular education setting upon re-
turn from treatment or alternative education
programs; and
‘‘(X) partnerships between the courts and
the schools that address alternative education
programs.
‘‘(Y) the evaluation of any of the activities
authorized under this subsection.
‘‘(3) SCHOOL
PROTECTION—Each local edu-
cational agency, or consortium of such agencies, that
receives a subgrant under section 4112(c) and has re-
ported expulsions under part C during the past 3
years, may develop a plan with local law enforcement
agencies to protect students and employees of public
schools against gun violence that may include, but not
be limited to, promoting the benefits of child safety
locks for firearms.
‘‘(4) STUDY.—Each local educational agency, or
consortium of such agencies, that receives a subgrant
under section 4112(c) and has a high rate of expul-
sions, as reported under part C, may use a portion
of its subgrant to study the effectiveness of promoting
the benefits of child safety locks for firearms with the
purpose of reducing the danger of firearms harming
public school students and employees.
‘‘SEC. 4116. EVALUATION AND REPORTING.
‘‘(a) DATA COLLECTION.—
‘‘(1) IN
GENERAL.—The National Center for
Education Statistics shall collect data for the fol-
lowing purposes:
‘‘(A) To determine the frequency, serious-
ness, and incidence of drug use by youth in
schools and communities in the States using, if
appropriate, data submitted by the States pursu-
ant to subsection (b).
‘‘(B) To determine the frequency, degree of
harm, and morbidity of violent incidents, par-
ticularly firearm-related injuries and fatalities,
by youth in schools and communities in the
States, including information with respect to—
‘‘(i) the relationship between victims
and perpetrators;
‘‘(ii) demographic characteristics of
victims and perpetrators; and
‘‘(iii) type and characteristic of the
firearm used in the shooting.
‘‘(2) REPORT.—The Secretary shall submit to the
Congress a report on the data collected under this
subsection.
‘‘(b) STATE REPORT.—
‘‘(1) IN GENERAL.—Not later than October 1,
2003, and every third year thereafter, the chief execu-
tive officer of a State, in consultation with the State
educational agency, shall submit to the Secretary a
report on the implementation and outcomes of State
and local programs under section 4115.
‘‘(2) SPECIAL
RULE.—The report required by
this subsection shall be—
‘‘(A) based on the State’s ongoing evalua-
tion activities, and shall include data on the
prevalence of drug use and violence by youth in
schools and communities; and
‘‘(B) made available to the public upon re-
quest, with public notice of such availability pro-
vided.
‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each
local educational agency receiving funds under this part
shall submit to the State such information, and at such in-
tervals, as the State reasonably requires to complete the
State report required by subsection (b), including informa-
tion on the prevalence of drug use and violence by youth
in the schools and the community and the progress of the
local educational agency toward meeting its performance
measures. The report shall be made available to the public
upon request, with public notice of such availability pro-
vided.
‘‘PART B—NATIONAL PROGRAMS
‘‘SEC. 4121. FEDERAL ACTIVITIES.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—From funds made available
to carry out this part under section 4004(2), the Sec-
retary, in consultation with the Secretary of Health
and Human Services, the Director of the Office of Na-
tional Drug Control Policy, the Chair of the Ounce of
Prevention Council, and the Attorney General, shall
carry out programs to prevent the illegal use of drugs
and violence among, and promote safety and dis-
cipline for, students in elementary and secondary
schools based on the needs reported by States and
local educational agencies.
‘‘(2) COORDINATION.—The Secretary shall carry
out programs described in paragraph (1) directly, or
through grants, contracts, or cooperative agreements
with public and private nonprofit and for-profit orga-
nizations, including religious organizations, and in-
dividuals, or through agreements with other Federal
agencies, and shall coordinate such programs with
other appropriate Federal activities.
‘‘(3) PROGRAMS.—Programs described in para-
graph (1) may include—
‘‘(A) demonstrations and rigorous scientif-
ically based evaluations of innovative approaches
to drug and violence prevention based on needs
reported by State and local educational agencies;
‘‘(B) the provision of information on drug
abuse education and prevention to the Secretary
of Health and Human Services for dissemination
by the clearinghouse for alcohol and drug abuse
information established under section 501(d)(16)
of the Public Health Service Act; and
‘‘(C) continuing technical assistance to chief
executive officers, State agencies, and local edu-
cational agencies to build capacity to develop
and implement high-quality, effective programs
consistent with the principles of effectiveness.
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for funds under
this section.
‘‘SEC. 
4122. 
NATIONAL 
CLEARINGHOUSE 
FOR 
AFTER
SCHOOL PROGRAMS.
‘‘From funds made available to carry this part under
section 4004(2), the Secretary, in consultation with the Sec-
retary of Health and Human Services, through the Commis-
sioner on Children, Youth, and Families, the Attorney Gen-
eral, and representatives with relevant experience from
State child care agencies and child care resource and refer-
ral centers, shall establish a national clearinghouse to pro-
vide technical assistance regarding establishment and oper-
ation of after school programs and models of after school
programs. The national clearinghouse shall be available to
the public, including via Internet, and shall serve as a re-
source for child care organizations, communities, and indi-
viduals seeking to improve the quality and availability of
after school programs.
‘‘PART C—GUN POSSESSION
‘‘SEC. 4131. GUN-FREE SCHOOL REQUIREMENTS.
‘‘(a) REQUIREMENTS.—
‘‘(1) STATE LAW.—Each State receiving funds
under this Act shall have in effect a State law requir-
ing each local educational agency—
‘‘(A) to expel from school for a period of not
less than one year a student who is determined
to have brought a firearm to a school under the
jurisdiction of a local educational agency in that
State, except that such State law shall allow the
chief administering officer of such local edu-
cational agency to modify such expulsion re-
quirement for a student on a case-by-case basis;
and
‘‘(B) to have a policy requiring each ele-
mentary and secondary school to refer to the
criminal justice or juvenile delinquency system
any student who brings a firearm to school.
‘‘(2) CONSTRUCTION.—Nothing in this part shall
be construed to prevent a State from allowing a local
educational agency that has expelled a student from
such a student’s regular school setting from providing
educational services to such student in an alternative
setting.
‘‘(b) SPECIAL RULE.—The provisions of this section
shall be construed in a manner consistent with the Individ-
uals with Disabilities Education Act.
‘‘(c) APPLICATION TO STATE.—Each local educational
agency requesting assistance from a State that is provided
from funds made available to the State under this Act shall
provide to the State, in the application requesting such
assistance—
‘‘(1) an assurance that such local educational
agency is in compliance with the State law required
by subsection (a); and
‘‘(2) a description of the circumstances sur-
rounding any expulsions imposed under the State law
required by subsection (b), including—
‘‘(A) the name of the school concerned;
‘‘(B) the number of students expelled from
such school, including the number of children
with disabilities expelled from such school; and
‘‘(C) the type of firearm concerned.
‘‘(d) REPORTING.—Each State shall report the infor-
mation described in subsection (b) to the Secretary on an
annual basis.
‘‘(e) DEFINITIONS.—For the purpose of this part—
‘‘(1) the term ‘firearm’ has the same meaning
given to such term under section 921(a)(3) of title 18,
United States Code; and
‘‘(2) the term ‘school’ does not include a home
school, regardless of whether a home school is treated
as a private school under State law.
‘‘PART D—GENERAL PROVISIONS
‘‘SEC. 4141. DEFINITIONS.
‘‘For the purposes of this title, the following terms have
the following meanings:
‘‘(1) COMMUNITY-BASED
ORGANIZATION.—The
term ‘community-based organization’ means a private
nonprofit organization that is representative of a
community or significant segments of a community
and that provides educational or related services to
individuals in the community.
‘‘(2) CONTROLLED SUBSTANCE.—The term ‘con-
trolled substance’ means a drug or other substance
identified under Schedule I, II, III, IV, or V in sec-
tion 202(c) of the Controlled Substances Act (21
U.S.C. 812(c)).
‘‘(3) DRUG.—The term ‘drug’ includes controlled
substances; the illegal use of alcohol and tobacco; and
the harmful, abusive, or addictive use of substances,
including inhalants and anabolic steroids.
‘‘(4) DRUG
AND
VIOLENCE
PREVENTION.—The
term ‘drug and violence prevention’ means—
‘‘(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education
related to the illegal use of drugs;
‘‘(B) with respect to violence, the promotion
of school safety, such that students and school
personnel are free from violent and disruptive
acts, on school premises, going to and from
school, 
and 
at 
school-sponsored 
activities,
through the creation and maintenance of a school
environment that is free of weapons and fosters
individual responsibility and respect for the
rights of others; and
‘‘(C) with respect to before and after school
programs and continuing education activities,
educational activities for individuals of all ages
in the community that operate with a goal of
drug and violence prevention in the school or
community.
‘‘(5) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ includes educational service
agencies and consortia of such agencies.
‘‘(6) NONPROFIT.—The term ‘nonprofit,’ as ap-
plied to a school, agency, organization, or institution
means a school, agency, organization, or institution
owned and operated by one or more nonprofit cor-
porations or associations, no part of the net earnings
of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
‘‘(7) SCHOOL-AGED
POPULATION.—The term
‘school-aged population’ means the population aged 5
through 17, as determined by the Secretary on the
basis of the most recent satisfactory data available
from the Department of Commerce.
‘‘(8) SCHOOL BASED MENTAL HEALTH SERVICES
PROVIDER.—The term ‘school based mental health
services provider’ includes a State licensed or State
certified school counselor, school psychologist, school
social worker, or other State licensed or certified men-
tal health professional qualified under State law to
provide such services to children and adolescents.
‘‘(9) SCHOOL
PERSONNEL.—The term ‘school
personnel’ includes teachers, administrators, guidance
counselors, social workers, psychologists, nurses, li-
brarians, and other support staff who are employed
by a school or who perform services for the school on
a contractual basis.
‘‘(10) SCIENTIFICALLY BASED RESEARCH.—The
term ‘scientifically based research’—
‘‘(A) means the application of rigorous, sys-
tematic, and objective procedures to obtain valid
knowledge relevant to youth drug and violence
prevention activities and programs; and
‘‘(B) shall include research that—
‘‘(i) employs systemic, empirical meth-
ods that draw on observation or experiment;
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
and
‘‘(iv) has been accepted by a peer-re-
viewed journal or approved by a panel of
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘(11) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, and the Com-
monwealth of Puerto Rico.
‘‘SEC. 4142. MESSAGE AND MATERIALS.
‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre-
vention programs supported under this title shall convey
a clear and consistent message that the use of drugs is
wrong and harmful.
‘‘(b) CURRICULUM.—The Secretary shall not prescribe
the use of specific curricula for programs supported under
this part.
‘‘SEC. 4143. REQUIRED POLICY.
‘‘Each State educational agency and local educational
agency that receives funds under this title shall have a pol-
icy that prohibits cigarette vending machines, and the ille-
gal possession or use of drugs and alcohol, in any form,
at any time, and by any person, in school buildings, on
school grounds, or at any school-sponsored event.
‘‘SEC. 4144. PARENTAL CONSENT.
‘‘Upon receipt of written notification from the parents
or legal guardians of a student, the local educational agency
shall withdraw such student from any program or activity
funded under this title. The local educational agency shall
make reasonable efforts to inform parents or legal guardians
of the content of such programs or activities funded under
this title, other than classroom instruction.
‘‘SEC. 4145. PROHIBITED USES OF FUNDS.
‘‘No funds under this title may be used for—
‘‘(1) construction (except for minor remodeling
needed to accomplish the purposes of this part);
‘‘(2) medical services, drug treatment or rehabili-
tation, except for pupil services or referral to treat-
ment for students who are victims of, or witnesses to,
use of drugs or crime; and
‘‘(3) activities or programs that discriminate
against or denigrate the religious or moral beliefs of
students who participate in such activities or pro-
grams or of the parents or legal guardians of such
students.
‘‘SEC. 4146. QUALITY RATING.
‘‘(a) IN GENERAL.—The chief executive officer of each
State, or in the case of a State in which the constitution
or law of such State designates another individual, entity,
or agency in the State to be responsible for education activi-
ties, such individual, entity, or agency is authorized and
encouraged—
‘‘(1) to establish a standard of quality for drug
and violence prevention programs implemented in
public elementary and secondary schools in the State
in accordance with subsection (b); and
‘‘(2) to identify and designate, upon application
by a public elementary or secondary school, any such
school that achieves such standard as a quality pro-
gram school.
‘‘(b) CRITERIA.—The standard referred to in sub-
section (a) shall address, at a minimum—
‘‘(1) a comparison of the rate of illegal use of
drugs and of violent occurrences by students enrolled
in the school over a period of time to be determined
by the chief executive officer of the State or the indi-
vidual, entity, or agency described in subsection (a),
as the case may be;
‘‘(2) the rate of suspensions or expulsions of stu-
dents enrolled in the school for drug and violence of-
fenses;
‘‘(3) the effectiveness of the drug and violence
prevention program as proven by scientifically based
research;
‘‘(4) the involvement of parents and community
members in the design of the drug and violence pre-
vention program; and
‘‘(5) the extent of review of existing community
drug and violence prevention programs before imple-
mentation of the public school program.
‘‘(c) REQUEST FOR QUALITY PROGRAM SCHOOL DES-
IGNATION.—A school that wishes to receive a quality pro-
gram school designation shall submit a request and docu-
mentation of compliance with this section to the chief execu-
tive officer of the State or the individual, entity, or agency
described in subsection (a), as the case may be.
‘‘(d) PUBLIC NOTIFICATION.—Not less than once a
year, the chief executive officer of each State or the indi-
vidual, entity, or agency described in subsection (a), as the
case may be, shall make available to the public a list of
the names of each public school in the State that has re-
ceived a quality program school designation in accordance
with this section.
‘‘SEC. 4147. CONTINUATION AWARDS.
‘‘From funds made available under section 4004(2),
the Secretary is authorized to continue funding multi-year
grants awarded prior to fiscal year 2001 under part I of
title X, as such part was in effect on the day preceding
the date of the enactment of the Education OPTIONS Act,
or the Middle School Coordinator Initiative (as described
in title III of the Department of Education Act, 2000, (as
enacted into law by section 1004(a)(4) of Public Law 106–
113) and prior appropriations Acts, prior to the date of
the enactment of the Education OPTIONS Act for the dura-
tion of the original grant period.
‘‘SEC. 4148. GENERAL ACCOUNTING OFFICE REPORT.
‘‘Not later than 1 year after the date of the enactment
of the Education OPTIONS Act, the General Accounting
Office shall transmit to Congress a report containing the
following:
‘‘(1) For each State, a description of the types of
after school programs that are available for students
in kindergarten through grade 12, including pro-
grams sponsored by the Boys and Girls Clubs of
America, the Boy Scouts of America, the Girl Scouts
of America, YMCA’s, private nonprofit and for-profit
organizations, and athletic and other programs oper-
ated by public schools and other State and local agen-
cies.
‘‘(2) For 15 communities selected to represent a
variety of regional, population, and demographic pro-
files, a detailed analysis of the after school programs
that are available for students in kindergarten
through grade 12, including programs sponsored by
the Boys and Girls Clubs of America, the Boy Scouts
of America, the Girl Scouts of America, YMCA’s,
mentoring programs, athletic programs, and pro-
grams operated by public schools, churches, day care
centers, parks, recreation centers, family day care,
community organizations, law enforcement agencies,
service providers, and for-profit and non-profit orga-
nizations.
‘‘(3) For each State, a description of significant
areas of unmet need in the quality and availability
of after school programs.
‘‘(4) For each State, a description of barriers
which prevent or deter the participation of children
in after school programs.
‘‘(5) A list of activities, other than after school
programs, in which students in kindergarten through
grade 12 participate when not in school, including
jobs, volunteer opportunities, and other non-school af-
filiated programs.
‘‘(6) An analysis of the value of the activities
listed pursuant to paragraph (5) relevant to the well-
being and educational development of students in kin-
dergarten through grade 12.
‘‘SEC. 4149. SERVICES PROVIDED BY CHARITABLE, RELI-
GIOUS, OR PRIVATE ORGANIZATIONS.
‘‘(a) IN GENERAL.—A State may administer and pro-
vide services under the programs and activities described
in this title through grants and contracts with charitable,
religious, or private organizations.
‘‘(b) RELIGIOUS ORGANIZATIONS.—The purpose of this
section is to allow States to provide grants to or to contract
with religious organizations on the same basis as any other
nongovernmental provider without impairing the religious
character of such organizations, and without diminishing
the religious freedom of beneficiaries of assistance funded
under such program.
‘‘(c) NONDISCRIMINATION AGAINST RELIGIOUS ORGA-
NIZATIONS.—In the event a State exercises its authority
under subsection (a), religious organizations are eligible, on
the same basis as any other private organization, as grant
recipients or contractors, to provide assistance under any
program described in this title if the programs sponsored
by such religious organization are implemented in a man-
ner consistent with the Establishment Clause of the United
States Constitution. Except as provided in subsection (i),
neither the Federal Government, a State, nor a local edu-
cational agency receiving funds under this title shall dis-
criminate against an organization that is or applies to be
a contractor to provide assistance on the basis that the orga-
nization has a religious character.
‘‘(d) RELIGIOUS CHARACTER AND FREEDOM.—
‘‘(1) RELIGIOUS
ORGANIZATIONS.—A religious
organization with a grant or contract under this title
shall retain its religious character and control over
the definition, development, practice, and expression
of its religious beliefs.
‘‘(2) ADDITIONAL
SAFEGUARDS.—Neither the
Federal Government, a State, nor local government
shall require a religious organization to—
‘‘(A) alter its form of internal governance;
or
‘‘(B) remove religious art, icons, scripture,
or other symbols;
in order to be eligible to receive a grant or contract
under this title.
‘‘(e) EMPLOYMENT PRACTICES.—A religious organiza-
tion’s exemption provided under section 702 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e–1), regarding employ-
ment practices, shall not be affected by its participation in,
or receipt of funds from, programs under this title.
‘‘(f) NONDISCRIMINATION AGAINST BENEFICIARIES.—
Except as otherwise provided in law, a religious organiza-
tion shall not discriminate against an individual in regard
to rendering assistance funded under any program de-
scribed in this title on the basis of religion, a religious be-
lief, or refusal to actively participate in a religious practice.
‘‘(g) FISCAL ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any religious organization receiving a
grant or contracting to provide assistance funded
under any program described in this title shall be
subject to the same regulations as other recipients or
contractors to account in accord with generally ac-
cepted auditing principles for the use of such funds
provided under such programs.
‘‘(2) LIMITED AUDIT.—If such organization seg-
regates Federal funds provided under such programs
into separate accounts, then only the financial assist-
ance provided with such funds shall be subject to
audit.
‘‘(h) LIMITATIONS ON USE OF FUNDS FOR CERTAIN
PURPOSES.—No funds provided directly to institutions or
organizations to provide services and administer programs
under this Act shall be expended for sectarian worship, in-
struction, or proselytization.
‘‘(i) PREEMPTION.—Nothing in this section shall be
construed to preempt any provision of a State constitution
or State statute that prohibits or restricts the expenditure
of State funds in or by religious organizations.
‘‘(j) PROTECTION FOR BENEFICIARIES.—A charitable,
religious, or private organization shall not subject a partic-
ipant during a program assisted under this title to sec-
tarian worship, instruction, or proselytization.
‘‘(k) TREATMENT OF RELIGIOUS ORGANIZATIONS.—
For purposes of any Federal, State, or local law, receipt
of financial assistance under this title shall constitute re-
ceipt of Federal financial assistance or aid.
‘‘SEC. 4150. DISCIPLINE OF CHILDREN WITH DISABILITIES.
‘‘(a) POSSESSION OF WEAPONS.—
‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.—Each
State receiving funds under this Act shall require
each local educational agency to have in effect a pol-
icy under which school personnel of such agency may
discipline (including expel or suspend) a child with
a disability who carries or possesses a weapon to or
at a school, on school premises, or to or at a school
function, under the jurisdiction of a State or a local
educational agency, in the same manner in which
such personnel may discipline a child without a dis-
ability. Such personnel may modify the disciplinary
action on a case-by-case basis.
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in
paragraph (1) shall be construed to prevent a child
with a disability who is disciplined pursuant to the
authority provided under paragraph (1) from assert-
ing a defense that the carrying or possession of the
weapon was unintentional or innocent.
‘‘(3) FREE APPROPRIATE PUBLIC EDUCATION.—
‘‘(A) CEASING TO PROVIDE EDUCATION.—
Notwithstanding any other provision of Federal
law, a child expelled or suspended under para-
graph (1) shall not be entitled to continue edu-
cational services, including a free appropriate
public education, required under Federal law
during the term of such expulsion or suspension,
if the State in which the local educational agen-
cy responsible for providing educational services
to such child does not require a child without a
disability to receive educational services after
being expelled or suspended.
‘‘(B) 
PROVIDING
EDUCATION.—Notwith-
standing subparagraph (A), the local educational
agency responsible for providing educational
services to a child with a disability who is ex-
pelled or suspended under subparagraph (A)
may choose to continue to provide educational
services or mental health services to such child.
If the local educational agency so chooses to con-
tinue to provide the services—
‘‘(i) nothing in any other provision of
Federal law shall require the local edu-
cational agency to provide such child with
any particular level of service; and
‘‘(ii) the location where the local edu-
cational agency provides the services shall
be left to the discretion of the local edu-
cational agency.
‘‘(4) DEFINITION.—For purposes of this sub-
section, the term ‘weapon’ has the meaning given the
term ‘dangerous weapon’ under paragraph (2) of sub-
section (g) of section 930 of title 18, United States
Code.
‘‘(b) DANGEROUS BEHAVIOR.—
‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.—Each
State receiving funds under this Act shall require
each local educational agency to have in effect a pol-
icy under which school personnel of such agency may
discipline (including expel or suspend) a child with
a disability who—
‘‘(A) knowingly possesses or uses illegal
drugs or sells or solicits the sale of a controlled
substance at a school, on school premises, or at
a school function, under the jurisdiction of a
State or a local educational agency, or
‘‘(B) commits an aggravated assault or bat-
tery (as defined under State or local law) at a
school, on school premises, or at a school func-
tion, under the jurisdiction of a State or a local
educational agency,
in the same manner in which such personnel may
discipline a child without a disability, consistent with
State and local law. Such personnel may modify the
disciplinary action on a case-by-case basis.
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in
paragraph (1) shall be construed to prevent a child
with a disability who is disciplined pursuant to the
authority provided under paragraph (1)(A) from as-
serting a defense that the possession or use of the ille-
gal drugs (or sale or solicitation of the controlled sub-
stance) was unintentional or innocent.
‘‘(3) FREE APPROPRIATE PUBLIC EDUCATION.—
‘‘(A) CEASING TO PROVIDE EDUCATION.—
Notwithstanding any other provision of Federal
law, a child expelled or suspended under para-
graph (1) shall not be entitled to continue edu-
cational services, including a free appropriate
public education, required under Federal law
during the term of such expulsion or suspension,
if the State in which the local educational agen-
cy responsible for providing educational services
to such child does not require a child without a
disability to receive educational services after
being expelled or suspended.
‘‘(B) 
PROVIDING
EDUCATION.—Notwith-
standing subparagraph (A), the local educational
agency responsible for providing educational
services to a child with a disability who is ex-
pelled or suspended under subparagraph (A)
may choose to continue to provide educational
services or mental health services to such child.
If the local educational agency so chooses to con-
tinue to provide the services—
‘‘(i) nothing in any other provision of
Federal law shall require the local edu-
cational agency to provide such child with
any particular level of service; and
‘‘(ii) the location where the local edu-
cational agency provides the services shall
be left to the discretion of the local edu-
cational agency.
‘‘(4) DEFINITIONS.—For purposes of this sub-
section:
‘‘(A) CONTROLLED SUBSTANCE.—The term
‘controlled substance’ shall have the same mean-
ing as the term is defined in section 4141.
‘‘(B) ILLEGAL
DRUG.—The term ‘illegal
drug’ means a controlled substance, but does not
include such a substance that is legally possessed
or used under the supervision of a licensed
health-care professional or that is legally pos-
sessed or used under any other authority under
the Controlled Substances Act or under any other
provision of Federal law.’’.
SEC. 202. USE OF CERTAIN FUNDS.
If a local educational agency chooses to utilize the au-
thority under section 613(a)(2)(C)(i) of the Individuals
with Disabilities Education Act to treat as local funds up
to 20 percent of the amount of funds the agency receives
under part B of such Act that exceeds the amount it received
under that part for the previous fiscal year, then the agency
shall use those local funds to provide additional funding
for programs under the Elementary and Secondary Edu-
cation Act of 1965, including, but not limited to, programs
that address school safety, teacher quality and professional
development, before and after school learning opportunities,
educational reform and literacy, or related education pro-
grams authorized under Federal, State, or local law.
TITLE III—TECH FOR SUCCESS
SEC. 301. TECH FOR SUCCESS.
Title III of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6801 et seq.) is amended to read
as follows:
‘‘TITLE III—TECH FOR SUCCESS
‘‘SEC. 3001. SHORT TITLE.
‘‘This title may be cited as the ‘Tech for Success Act
of 2000’.
‘‘SEC. 3002. PURPOSE.
‘‘The purposes of this title are as follows:
‘‘(1) To provide assistance to states and localities
for implementing innovative technology initiatives
which lead to increased student academic achievement
and which may be evaluated for effectiveness and rep-
licated if successful.
‘‘(2) To encourage the establishment or expan-
sion of initiatives, especially those involving public/
private partnerships, designed to increase access to
technology, particularly in high need local edu-
cational agencies.
‘‘(3) To promote initiatives which provide school
administrators and teachers with the capacity to ef-
fectively utilize technology in ways which integrate
such technology with challenging State content and
student performance standards, through such means
as high quality professional development programs.
‘‘(4) To support the development of electronic
networks and other innovative methods, such as dis-
tance learning, of delivering challenging courses and
curricula for students who would otherwise not have
access to such courses and curricula, especially in iso-
lated regions.
‘‘(5) To support the rigorous evaluation of pro-
grams funded under this title, especially the impact
of such initiatives on student academic performance,
and ensuring timely information on the results of
such evaluations are widely accessible through elec-
tronic means.
‘‘(6) To support local efforts for the use of tech-
nology to promote parent and family involvement in
education and communication among parents, teach-
ers and students.
‘‘PART A—TECH FOR SUCCESS GRANT PROGRAM
‘‘Subpart 1—General Provisions
‘‘SEC. 3101. AUTHORIZATION OF APPROPRIATIONS; FUND-
ING RULE.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this part—
‘‘(1) $731,305,000 for fiscal year 2000; and
‘‘(2) such sums as may be necessary for each of
the 5 succeeding fiscal years.
‘‘(b) ALLOCATION OF FUNDS BETWEEN NATIONAL AND
STATE AND LOCAL INITIATIVES.—Except as provided in
subsection (c), the amount of funds made available under
subsection (a) shall be allocated as follows:
‘‘(1) Not less than 95 percent shall be made
available for State and local technology initiatives
pursuant to subpart 2.
‘‘(2) Not more than 5 percent may be made
available for activities of the Secretary under subpart
3.
‘‘(c) CONTINUATION OF FUNDING FOR FORMER PRO-
GRAMS.—
‘‘(1) IN GENERAL.—Using funds made available
under subsection (a), the Secretary is authorized to
continue funding multiyear grants under this title (as
in effect prior to the enactment of the Education OP-
TIONS Act) which were awarded prior to fiscal year
2001 for the duration of the original grant period.
‘‘(2) REDUCTION IN AMOUNT AVAILABLE.—The
amount of funds allocated under subsection (b) be-
tween State and local technology initiatives and ac-
tivities of the Secretary shall be reduced by the
amount used by the Secretary to continue funding
former programs under paragraph (1).
‘‘SEC. 3102. DEFINITIONS.
‘‘For purposes of this part, the following definitions
shall apply:
‘‘(1) In this part and part B, the term ‘distance
learning’ means the transmission of educational or
instructional programming to geographically dis-
persed individuals and groups via telecommuni-
cations.
‘‘(2) The term ‘eligible local entity’ means—
‘‘(A) a high need local educational agency;
or
‘‘(B) an eligible local partnership.
‘‘(3) The term ‘eligible local partnership’ means
a partnership that includes at least one high need
local educational agency and at least one—
‘‘(A) local educational agency that can dem-
onstrate that teachers in schools served by that
agency are using technology effectively in their
classrooms;
‘‘(B) institution of higher education;
‘‘(C) for-profit business or organization that
develops, designs, manufactures, or produces
technology products or services, or has substan-
tial expertise in the application of technology;
‘‘(D) public or private non-profit organiza-
tion with demonstrated experience in the appli-
cation of educational technology; or
‘‘(E) local educational agency which has the
potential to become an exemplary model for
wide-scale adoption by other local educational
agencies on how to effectively integrate tech-
nology and proven research-based teaching prac-
tices which result in improvement in classroom
instruction in the core academic subject areas,
and the preparation of students to meet chal-
lenging State content and student performance
standards.
‘‘(4) The term ‘emerging technologies’ means the
applications that can result from the development of
high-speed, broad band telecommunications networks
and more powerful computer systems.
‘‘(5) The term ‘high need local educational agen-
cy’ means a local educational agency which serves an
elementary or secondary school located in an area—
‘‘(A) in which there is a high percentage of
individuals from families with incomes below the
poverty line, as defined by the Office of Manage-
ment and Budget and revised annually in ac-
cordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)); or
‘‘(B) which is identified by the State as an
area with—
‘‘(i) limited access to advanced tele-
communications services,
‘‘(ii) a high ratio of students to com-
puters within the school, or
‘‘(iii) a high proportion of teachers
who are not computer-proficient.
‘‘(6) The term ‘scientifically based research’—
‘‘(A) means the application of rigorous, sys-
tematic, and objective procedures to obtain valid
knowledge relevant to education technology; and
‘‘(B) shall include research which—
‘‘(i) employs systematic, empirical
methods which draw on observation or ex-
periment,
‘‘(ii) involves rigorous data analyses
which are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn,
‘‘(iii) relies on measurements or obser-
vational methods which provide valid data
across evaluators and observers and across
multiple measurements and observations,
and
‘‘(iv) has been accepted by a peer re-
viewed journal or approved by a panel of
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘Subpart 2—State and Local Technology for Success
Grants
‘‘SEC. 3111. DETERMINATION OF AMOUNT OF STATE ALLOT-
MENT.
‘‘(a) IN GENERAL.—Except as otherwise provided in
this subpart, each State shall be eligible to receive a grant
under this subpart for a fiscal year in an allotment deter-
mined as follows:
‘‘(1) 50 percent shall bear the same relationship
to 
the 
amount 
made 
available 
under 
section
3101(b)(1) for such year as the amount such state re-
ceived under part A for title I for such year bears to
the amount received for such year under such part by
all States.
‘‘(2) 50 percent shall be determined on the basis
of the State’s relative population of individuals age 5
through 17, as determined by the Secretary on the
basis of the most recent satisfactory data.
‘‘(b) RESERVATION OF FUNDS FOR BUREAU OF INDIAN
AFFAIRS AND OUTLYING AREAS.—Of the amount made
available to carry out this subpart under section 3101(b)(1)
for a fiscal year—
‘‘(1) the Secretary shall reserve .305 percent (or
$2,125,000, whichever is greater) for the Secretary of
the Interior for programs under this subpart for
schools operated or funded by the Bureau of Indian
Affairs; and
‘‘(2) the Secretary shall reserve .305 percent (or
$2,125,000, whichever is greater) to provide assistance
to the outlying areas.
‘‘(c) MINIMUM ALLOTMENT.—The amount of any
State’s allotment under subsection (a) for any fiscal year
may not be less than one-half of one percent of the amount
made available under section 3101(b)(1) for such year.
‘‘(d) REALLOTMENT
OF UNUSED FUNDS.—If any
State does not apply for an allotment under this subpart
for a fiscal year, the Secretary shall reallot the amount of
the State’s allotment to the remaining States in accordance
with this section.
‘‘SEC. 3112. USE OF ALLOTMENT BY STATE.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), of the amount provided to a State from its allotment
under section 3111—
‘‘(1) the State may use not more than 5 percent
to carry out activities under section 3115; and
‘‘(2) not less than 95 percent shall be distributed
to local educational agencies by the State as follows:
‘‘(A) At least 80 percent shall be used for
activities described in section 3116, to be distrib-
uted through a formula developed by the State
which shall target funds to high need local edu-
cational agencies which have submitted plans to
the State under section 3114, and which may (at
the option of the State)—
‘‘(i) be the formula used by the State
to award grants to local educational agen-
cies under section 3132 (as in effect prior to
the enactment of the Education OPTIONS
Act); and
‘‘(ii) set a minimum amount that may
be provided to any recipient.
‘‘(B) Not more than 20 percent shall be
awarded through a State-determined competitive
process to eligible local entities which have sub-
mitted plans to the State under section 3114, to
be used to carry out activities consistent with
this part.
‘‘(b) CONTINUATION OF FUNDING FOR FORMER PRO-
GRAMS.—
‘‘(1) IN GENERAL.—From funds made available
under this ubpart, a State is authorized to continue
funding multiyear grants awarded prior to fiscal
year 2001 under section 3132 of this title (as in effect
prior to the enactment of the Education OPTIONS
Act), for the duration of the original grant period.
‘‘(2) REDUCTION
IN
AMOUNT
AVAILABLE
FOR
OTHER
ACTIVITIES.—The amount available for a
State to use under subsection (a) shall be reduced by
the amount used by the State to continue funding
former programs under paragraph (1).
‘‘SEC. 3113. STATE PLANS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit a new or updated
statewide, long-range strategic educational technology plan
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably
require.
‘‘(b) CONTENTS.—Each State plan submitted under
this section shall include the following:
‘‘(1) A description of how the State will use
funds provided under this subpart to improve the aca-
demic achievement of all students and to improve the
capacity of all teachers to provide instruction in the
State, through the use of education technology.
‘‘(2) A description of the State’s goals for using
advanced technology to improve student achievement
aligned to challenging State content and student per-
formance standards, including a description of how
the State will take steps to ensure that all students in
the State, particularly those residing in districts
served by high need local educational agencies, will
have increased access to educational technology.
‘‘(3) A description of the process the State will
use for the evaluation of the extent to which education
technology funded under this part has been success-
fully integrated into teaching strategies and school
curriculum, has increased the ability of teachers to
teach, and has enabled students to meet challenging
State content and student performance standards.
‘‘(4) A description of how the State will encour-
age the development and utilization of innovative
strategies for the delivery of specialized or rigorous
academic courses and curricula through the use of
technology and distance learning, particularly for
those areas of the State which are isolated and which
would not otherwise have access to such courses and
curricula.
‘‘(5) An assurance that financial assistance pro-
vided under this subpart shall supplement, not sup-
plant, State and local funds.
‘‘(6) A description of how the State plans to en-
sure that every teacher within a school funded under
this part will be computer-literate and proficient (as
determined by the State) by 2004.
‘‘(c) DEEMED APPROVAL.—A State plan submitted to
the Secretary under this section shall be deemed to be ap-
proved by the Secretary unless the Secretary makes a writ-
ten determination prior to the expiration of the 90-day pe-
riod which begins on the date the Secretary receives the ap-
plication that the plan is in violation of the provisions of
this part.
‘‘(d) DISAPPROVAL.—The Secretary may issue a final
disapproval of a State’s application under this subpart
only after giving the State notice and an opportunity for
a hearing.
‘‘(e) DISSEMINATION
OF INFORMATION
ON STATE
PLANS.—The Secretary shall establish a process under
which information on State plans under this subpart is
made widely available to schools and the general public,
including through dissemination on the Internet, in a time-
ly and user-friendly manner.
‘‘SEC. 3114. LOCAL PLANS.
‘‘(a) IN GENERAL.—An applicant seeking to receive
funds from a State under this subpart shall submit a new
or updated long-range local strategic educational technology
plan consistent with the objectives of the statewide edu-
cation technology plan described in section 3113(a) to the
State at such time, in such manner, and accompanied by
such information as the State may reasonably require.
‘‘(b) CONTENTS OF LOCAL PLAN.—Each local plan de-
scribed in this section shall include the following:
‘‘(1) A description of how the applicant will use
Federal funds provided under this subpart to improve
the academic achievement of all students and to im-
prove the capacity of all teachers to provide instruc-
tion through the use of education technology.
‘‘(2) A description of the applicant’s specific
goals for using advanced technology to improve stu-
dent achievement aligned to challenging State content
and student performance standards, including a de-
scription of how the applicant will take steps to en-
sure that all students in the local educational area
(particularly those in high poverty and high need
schools) have increased access to educational tech-
nology, and a description of how such technology will
be used to improve the academic achievement for such
students.
‘‘(3) A description of how the applicant will
promote—
‘‘(A) the utilization of teaching strategies
and curricula, based upon scientifically based re-
search, which effectively integrate technology into
instruction, leading to improvements in student
academic achievement as measured by chal-
lenging State content and student performance
standards; and
‘‘(B) sustained and intensive, high quality
professional development, based upon scientif-
ically based research, which increases teacher ca-
pacity to create improved learning environments
through the integration of technology into in-
struction through proven strategies and improved
content as described in subparagraph (A).
‘‘(4) A description of how the applicant will in-
tegrate technology across the curriculum and a time
line for such integration, including a description of
how the applicant will make effective use of new and
emerging technologies and teaching practices that are
linked to such emerging technologies to provide chal-
lenging content and improved classroom instruction.
‘‘(5) A description of how the applicant will co-
ordinate education technology activities funded under
this subpart, including (but not limited to) profes-
sional development, with any such activities provided
under other Federal, State, and local programs, in-
cluding those authorized under title I, title II, title
VI, and (where applicable) the Individuals with Dis-
abilities Education Act and the Carl D. Perkins Vo-
cational and Technical Education Act of 1998.
‘‘(6) A description of the process the applicant
will use for the evaluation of the extent to which
funds provided under this subpart were effective in
integrating technology into school curriculum, in-
creasing the ability of teachers to teach, and enabling
students to meet challenging State content and stu-
dent performance standards.
‘‘(7) If requested by the State—
‘‘(A) a description of how the applicant will
use funds provided under this subpart in a man-
ner which is consistent with any broad education
technology priorities which may be established by
the State consistent with this part; and
‘‘(B) an assurance that any technology ob-
tained with funds provided under this subpart
will have compatibility and interconnectivity
with technology obtained with funds provided
previously under this title (as in effect prior to
the enactment of the Education OPTIONS Act).
‘‘(8) A description of the applicant’s Internet fil-
tering or blocking technology and related enforcement
policies.
‘‘SEC. 3115. STATE ACTIVITIES.
‘‘(a) IN GENERAL.—From funds made available under
section 3112(a)(1), a State shall carry out activities and
assist local efforts to carry out the purposes of this part,
which may include the following activities:
‘‘(1) Developing or assisting applicants in the
development and utilization of innovative strategies
to deliver rigorous academic programs through the use
of technology and distance learning, and providing
other technical assistance to such applicants through-
out the State, with a priority to high need local edu-
cational agencies.
‘‘(2) Establishing or supporting joint public and
private initiatives to provide interest-free or reduced
loans for the acquisition of educational technology for
high need local educational agencies and students at-
tending schools within such districts.
‘‘(3) Assisting applicants in providing sustained
and intensive high-quality professional development
based upon scientifically based research in the inte-
gration of advanced technologies (including emerging
technologies) into curriculum and in using those tech-
nologies to create new learning environments, includ-
ing training in the use of technology to—
‘‘(A) access data and resources to develop
curricula and instructional materials;
‘‘(B) enable teachers to use the Internet to
communicate with other teachers and to retrieve
web-based learning resources; and
‘‘(C) lead to improvements in classroom in-
struction in the core academic subject areas,
which effectively prepare students to meet chal-
lenging State content and student performance
standards.
‘‘(4) Assisting applicants in providing all stu-
dents (including students from nontraditional popu-
lations, students with disabilities, and students with
limited English proficiency) with access to edu-
cational technology.
‘‘(5) Establishing or expanding access to tech-
nology in neighborhoods served by high need local
educational agencies, with special emphasis for access
provided through technology centers in partnership
with libraries and with the support of the private sec-
tor.
‘‘(6) Developing enhanced performance measure-
ment systems to determine the effectiveness of edu-
cation technology programs funded under this sub-
part, especially in determining the extent to which
education technology funded under this part has been
successfully integrated into teaching strategies and
school curriculum, has increased the ability of teach-
ers to teach, and has enabled students to meet chal-
lenging State content and student performance stand-
ards.
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Of the
5 percent of the State’s allotment under section 3111 which
may be used to carry out activities under this section, not
more than 10 percent may be used by the State for adminis-
trative costs.
‘‘SEC. 3116. LOCAL ACTIVITIES.
‘‘(a) PROFESSIONAL DEVELOPMENT.—A recipient of
funds made available under section 3112(a)(2)(A) shall use
not less than 20 percent of such funds to provide sustained
and intensive, high-quality professional development, based
on scientifically based research, in the integration of ad-
vanced technologies (including emerging technologies) into
curriculum and in using those technologies to create new
learning environments, including training in the use of
technology to—
‘‘(1) access data and resources to develop cur-
ricula and instructional materials;
‘‘(2) enable teachers to use the Internet to com-
municate with other teachers and retrieve web-based
learning resources; and
‘‘(3) lead to improvements in classroom instruc-
tion in the core academic subject areas, which effec-
tively prepare students to meet challenging State con-
tent and student performance standards.
‘‘(b) OTHER ACTIVITIES.—In addition to the activities
described in subsection (a), a recipient of funds made avail-
able under section 3112(a)(2)(A) shall use such funds to
carry out other activities consistent with this part, which
may include the following:
‘‘(1) Adapting or expanding existing and new
applications of technology to enable teachers to in-
crease student academic achievement through the use
of teaching practices and advanced technologies which
are based upon scientifically based research and are
designed to prepare students to meet challenging State
content and student performance standards, and for
developing and utilizing innovative strategies to de-
liver rigorous academic programs.
‘‘(2) Developing, expanding, or acquiring edu-
cation technology as a means to improve the academic
achievement of all students.
‘‘(3) The establishment or expansion of initia-
tives, especially those involving public/private part-
nerships, designed to increase access to technology,
particularly for high need local educational agencies.
‘‘(4) Using technology to promote parent and
family involvement and support communications be-
tween parents, teachers, and students.
‘‘(5) Acquiring filtering, blocking, or other tech-
nologies and activities which are designed to protect
students from harmful materials which may be
accessed on the Internet.
‘‘(6) Using technology to collect, manage, and
analyze data to inform school improvement efforts.
‘‘(7) Implementing enhanced performance meas-
urement systems to determine the effectiveness of edu-
cation technology programs funded under this sub-
part, especially in determining the extent to which
education technology funded under this part has been
successfully integrated into teaching strategies and
school curriculum, has increased the ability of teach-
ers to teach, and has enabled students to meet chal-
lenging State content and student performance stand-
ards.
‘‘(8) Preparing one or more teachers in elemen-
tary, middle, and secondary schools as technology
leaders who are provided with the means to serve as
experts and train other teachers in the effective use of
technology.
‘‘(9) Establishing or expanding access to tech-
nology in neighborhoods served by high need local
educational agencies, with special emphasis for access
provided through technology centers in partnership
with libraries and with the support of the private sec-
tor.
‘‘(10) Carrying out a program under which the
recipient enters into an agreement with an entity for
providing—
‘‘(A) one laptop computer for each child in
the third through twelfth grades in the school dis-
trict (in such installments over such period of
time as the recipient and entity may provide in
the agreement) ;
‘‘(B) training and ongoing support in the
use of such laptop computers for students, teach-
ers, and parents;
‘‘(C) hardware and software for such laptop
computers for instruction and professional devel-
opment; and
‘‘(D) assistance in using the technology pro-
vided to incorporate State and local academic
goals into the curricula.
‘‘(c) INTERNET FILTERING.—
‘‘(1) IN
GENERAL.—No funds made available
under this subpart to a local educational agency or
elementary or secondary school may be used to pur-
chase computers used to access the Internet, or to pay
for direct costs associated with accessing the Internet,
unless such agency or school has in place, on com-
puters that are accessible to minors, and during use
by such minors, technology which filters or blocks—
‘‘(A) material that is obscene;
‘‘(B) child pornography; and
‘‘(C) material harmful to minors.
‘‘(2) DISABLING DURING ADULT USE.—An ad-
ministrator, supervisor, or other authority may dis-
able the technology described in paragraph (1) during
use by an adult, to enable unfiltered access for bona
fide research or other lawful purposes.
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this
section shall be construed to prohibit a local edu-
cational agency or elementary or secondary school
from filtering or blocking materials other than those
referred to in subparagraph (A), (B), or (C) of para-
graph (1).
‘‘(4) DEFINITIONS.—
‘‘(A) MATERIAL HARMFUL TO MINORS.—The
term ‘material harmful to minors’ has the mean-
ing given such term in section 231(e)(6) of the
Communications Act of 1934.
‘‘(B) 
CHILD
PORNOGRAPHY.—The 
term
‘child pornography’ has the meaning given such
term in section 2256(8) of title 18, United States
Code.
‘‘(C) MINOR.—The term ‘minor’ has the
meaning given such term in section 2256(1) of
title 18, United States Code.
‘‘(5) SEVERABILITY.—If any provision of this
subsection is held invalid, the remainder of such sub-
section and this Act shall not be affected thereby.
‘‘Subpart 3—National Technology Initiatives
‘‘SEC. 3121. NATIONAL TECHNOLOGY INITIATIVES.
‘‘(a) IN GENERAL.—Using funds made available under
section 3101(b)(2), the Secretary may carry out the fol-
lowing initiatives:
‘‘(1) The funding of programs built upon sci-
entifically based research, which utilize technology in
education, through the competitive awarding of grants
or contracts, pursuant to a peer review process, to
States, local educational agencies (including eligible
local entities), institutions of higher education, and
public and private or nonprofit or for-profit agencies.
‘‘(2) The provision of technical assistance to
States, local educational agencies, and other grantees
under this part (directly or through the competitive
award of grants or contracts) in order to assist such
States, local educational agencies, and other grantees
to achieve the purposes of this part.
‘‘(3) Acting through the Office of Educational
Technology, the updating of the national long-range
educational technology plan developed pursuant to
section 3121 (as in effect prior to the enactment of the
Education OPTIONS Act) in accordance with the re-
quirements of such section, in order to promote the
purposes of this title and to ensure the coordination
of Federal efforts to promote the effective use of edu-
cational technology.
‘‘(b) STUDY OF USE OF TECHNOLOGY TO IMPROVE
ACADEMIC ACHIEVEMENT.—Using funds made available
under section 3101(b)(2), the Secretary shall conduct an
independent, long-term study utilizing scientifically based
research methods and control groups, on the effectiveness of
the uses of educational technology on improving student
academic achievement, and shall include in the study an
identification of effective uses of educational technology that
have a measurable positive impact on student achievement.
‘‘(c) PRIORITIES.—In funding initiatives under sub-
section (a), the Secretary shall place a priority on projects
which—
‘‘(1) develop innovative models using electronic
networks or other forms of distance learning to pro-
vide challenging courses which are otherwise not read-
ily available to students in a particular school dis-
trict, particularly in rural areas; and
‘‘(2) increase access to technology to those resid-
ing in districts served by high need local educational
agencies.
‘‘SEC. 3122. REQUIREMENTS FOR RECIPIENTS OF FUNDS.
‘‘(a) APPLICATION.—In order to receive a grant or con-
tract under this subpart, an entity shall submit an applica-
tion to the Secretary (at such time and in such form as
the Secretary may require), and shall include in the
application—
‘‘(1) a description of the project proposed to be
carried out with the grant or contract and how it
would carry out the purposes of this subpart; and
‘‘(2) a detailed plan for the independent evalua-
tion of the project built upon scientifically based re-
search principles to determine the impact on the aca-
demic achievement of students served under such
project, as measured by challenging State content and
student performance standards.
‘‘(b) NON-FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), the Secretary may require any recipient of
a grant or contract under this subpart to share in the
cost of the activities assisted under such grant or con-
tract, which may be in the form of cash or in-kind
contributions fairly valued.
‘‘(2) INCREASE.—The Secretary may increase
the non-Federal share required of a recipient of a
grant or contract under this subpart after the first
year such recipient receives funds under such grant or
contract.
‘‘(3) MAXIMUM.—The non-Federal share required
under this subsection may not exceed 50 percent of the
cost of the activities assisted pursuant to a grant or
contract under this subpart.
‘‘(4) NOTICE.—The Secretary shall publish in
the Federal Register the non-Federal share required
under this subsection.
‘‘SEC. 3123. EVALUATION AND DISSEMINATION.
‘‘(a) EVALUATION AUTHORITY.—In order to identify
effective uses of educational technology that have a measur-
able positive impact on student achievement, the Secretary
shall—
‘‘(1) develop tools and provide resources, includ-
ing technical assistance, for recipients of funds under
this subpart to effectively evaluate their activities;
and
‘‘(2) conduct independent evaluations of the ac-
tivities assisted under this subpart.
‘‘(b) POST-GRANT EVALUATION INFORMATION
AND
DISSEMINATION.—
‘‘(1) IN GENERAL.—The Secretary shall establish
a process under which information on each project
funded with a grant or contract under this subpart
is made widely available to schools and the general
public, including through dissemination on the Inter-
net, in a timely and user-friendly manner.
‘‘(2) SPECIFIC
INFORMATION
REQUIRED.—The
information made available and disseminated under
paragraph (1) shall at a minimum include the fol-
lowing:
‘‘(A) Upon the awarding of such a grant or
contract under this subpart, the identification of
the grant or contract recipient, the amount of the
grant or contract, the stated goals of the grant
or contract, the methods by which the grant or
contract will be evaluated in meeting such stated
goals, and the timeline for meeting such goals.
‘‘(B) Not later than 12 months after the
awarding of such a grant or contract, informa-
tion on the progress of the grant or contract re-
cipient in carrying out the grant or contract, in-
cluding a detailed description of the use of the
funds provided, the extent to which the stated
goals have been reached, and the results (or
progress of) the evaluation of the project, meeting
the requirements of scientifically based research,
funded under the grant or contract.
‘‘(C) Not later than 24 months after the
awarding of such a grant or contract (and up-
dated thereafter as appropriate), a follow up to
the information described in subparagraph (B).
‘‘PART B—READY TO LEARN TELEVISION
‘‘SEC. 3201. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to or enter into contracts or cooperative agree-
ments with eligible entities described in subsection (c) to—
‘‘(1) develop, produce, and distribute educational
and instructional video programming for preschool
and elementary school children and their parents in
order to facilitate student academic achievement;
‘‘(2) facilitate the development (directly or
through contracts with producers of children and fam-
ily educational television programming) of edu-
cational programming for preschool and elementary
school children and accompanying support materials
and services that directly promote the effective use of
such programming;
‘‘(3) facilitate the development of programming
and digital content especially designed for nationwide
distribution over digital broadcasting channels and
the Internet, containing Ready to Learn-based chil-
dren’s programming and resources for parents and
caregivers;
‘‘(4) enable such entities to contract with other
entities (such as public telecommunications entities)
so that programs funded under this section are dis-
seminated and distributed by the most appropriate
distribution technologies to the widest possible audi-
ence appropriate to be served by the programming;
and
‘‘(5) develop and disseminate training and sup-
port materials, including interactive programs and
programs adaptable to distance learning technologies
which are designed to—
‘‘(A) promote school readiness; and
‘‘(B) promote the effective use of program-
ming developed under paragraphs (2) and (3)
among parents, Head Start providers, Even
Start and providers of family literacy services,
child care providers, early childhood development
personnel, and elementary school teachers, public
libraries, and after school program personnel
100
caring for preschool and elementary school chil-
dren.
‘‘(b) AVAILABILITY.—In making grants, contracts, or
cooperative agreements under this section, the Secretary
shall ensure that recipients increase the effective use of the
programming funded under this section by making it wide-
ly available with support materials as appropriate to
young children, their parents, child care workers, Head
Start providers, and Even Start and providers of family
literacy services.
‘‘(c) ELIGIBLE ENTITIES DESCRIBED.—In this part,
an ‘eligible entity’ means a nonprofit entity (including a
public telecommunications entity) which is able—
‘‘(1) to demonstrate a capacity for the develop-
ment and national distribution of educational and
instructional television programming of high quality
which is accessible by a large majority of disadvan-
taged preschool and elementary school children; and
‘‘(2) to demonstrate—
‘‘(A) a capacity to contract with the pro-
ducers of children’s television programming for
the purpose of developing educational television
programming of high quality which is accessible
by a large majority of disadvantaged preschool
and elementary school children, and
101
‘‘(B) consistent with the entity’s mission
and nonprofit nature, a capacity to negotiate
such contracts in a manner which returns to the
entity an appropriate share of any ancillary in-
come from sales of any program-related products.
‘‘(d) CAP ON ADMINISTRATIVE COSTS.—An entity re-
ceiving a grant, contract, or cooperative agreement from the
Secretary under this section may not use more than 5 per-
cent of the amounts received under the grant, contract, or
cooperative agreement for the expenses of administering the
grant, contract, or cooperative agreement.
‘‘(e) COORDINATION OF ACTIVITIES.—An entity receiv-
ing a grant, contract, or cooperative agreement from the
Secretary under this section shall work with the Secretary
and the Secretary of Health and Human Services to—
‘‘(1) maximize the utilization by preschool and
elementary school children of the programming fund-
ed under this section and to make such programming
widely available to federally funded programs serving
such populations; and
‘‘(2) coordinate with Federal programs that have
major training components for early childhood devel-
opment (including Head Start, Even Start, family
literacy services, and State training activities funded
under the Child Care Development Block Grant Act
102
of 1990) regarding the availability and utilization of
materials developed with funds provided under this
section to enhance parent and child care provider
skills in early childhood development and education.
‘‘SEC. 3202. APPLICATIONS.
‘‘Any entity desiring a grant, contract, or cooperative
agreement under this part shall submit an application to
the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may reason-
ably require.
‘‘SEC. 3203. REPORTS AND EVALUATION.
‘‘(a) ANNUAL REPORT BY GRANT RECIPIENTS TO SEC-
RETARY.—Each entity receiving funds under section 3201
shall prepare and submit to the Secretary an annual report
which contains such information as the Secretary may re-
quire. At a minimum, the report shall describe the program
activities undertaken with funds received under such sec-
tion, including information regarding—
‘‘(1) the programming that has been developed
directly or indirectly by the entity and the target
population of the programs developed;
‘‘(2) the support and training materials that
have been developed to accompany the programming
and the method by which such materials are distrib-
uted to consumers and users of the programming;
103
‘‘(3) the means by which the programming has
been distributed, including the distance learning tech-
nologies that have been utilized to make programming
available and the geographic distribution achieved
through such technologies; and
‘‘(4) the initiatives undertaken by the entity to
develop public-private partnerships to secure non-Fed-
eral support for the development and distribution and
broadcast of educational and instructional program-
ming.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall pre-
pare and submit to the relevant committees of Congress a
biannual report on the activities funded and carried out
under this part, and shall include in the report—
‘‘(1) a summary of the programming developed
using funds provided under section 3201; and
‘‘(2) a description of the training materials de-
veloped using funds provided under section 3201, the
manner in which outreach has been conducted to in-
form parents and child care providers of the avail-
ability of such materials, and the manner in which
such materials have been distributed.
‘‘SEC. 3204. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $16,000,000 for fiscal year 2000, and such sums
104
as may be necessary for each of the 5 succeeding fiscal years.
Not less than 60 percent of the amounts authorized to be
appropriated under this section for any fiscal year shall
be used to carry out paragraphs (2) and (3) of section
3201(a).
‘‘PART C—TELECOMMUNICATIONS PROGRAM
‘‘SEC. 3301. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
carry out any of the following activities:
‘‘(1) Awarding grants to a nonprofit tele-
communications entity (or a partnership of such enti-
ties) for the purpose of carrying out a national tele-
communications-based program to improve the teach-
ing of core academic subjects and to assist elementary
and secondary school teachers in preparing all stu-
dents to achieve State content standards.
‘‘(2) Awarding grants to or entering into con-
tracts or cooperative agreements with a local public
telecommunications entity to develop, produce, and
distribute educational and instructional video pro-
gramming which is designed for use by elementary
and secondary school students, created for or adapt-
able to State content standards, and capable of dis-
tribution through digital broadcasting and school dig-
ital networks.
105
‘‘(b) APPLICATIONS.—
‘‘(1) IN GENERAL.—Any telecommunications en-
tity or partnership of such entities desiring a grant
under this part shall submit an application to the
Secretary.
‘‘(2) SPECIFIC
REQUIREMENTS
FOR
NATIONAL
TELECOMMUNICATIONS-BASED
PROGRAM.—Each ap-
plication for a grant subsection (a)(1) shall—
‘‘(A) demonstrate that the applicant will
use the existing publicly funded telecommuni-
cations infrastructure, the Internet, and school
digital networks (where available) to deliver
video, voice, and data in an integrated service to
train teachers in the use of materials and learn-
ing technologies for achieving State content
standards;
‘‘(B) assure that the program for which as-
sistance is sought will be conducted in coopera-
tion with States as appropriate, local edu-
cational agencies, and State or local nonprofit
public telecommunications entities;
‘‘(C) assure that a significant portion of the
benefits available for elementary and secondary
schools from the program for which assistance is
sought will be available to schools of local edu-
106
cational agencies which have a high percentage
of children counted for the purpose of part A of
title I; and
‘‘(D) contain such additional assurances as
the Secretary may reasonably require.
‘‘(c) APPROVAL OF APPLICATIONS; NUMBER OF DEM-
ONSTRATION SITES.—In approving applications under this
section, the Secretary shall assure that—
‘‘(1) the national telecommunications-based pro-
gram under subsection (a)(1) is conducted at elemen-
tary and secondary school sites in at least 15 States;
and
‘‘(2) grants under subsection (a)(2) are awarded
on a competitive basis and for a period of 3 years to
entities which—
‘‘(A) enter into multiyear collaborative ar-
rangements for content development with State
educational agencies, local educational agencies,
institutions of higher education, businesses, or
other agencies and organizations, and
‘‘(B) contribute non-Federal matching funds
(including funds provided for transitions to dig-
ital broadcasting as well as in-kind contribu-
tions) to the activities assisted with the grant in
107
an amount not less than 100 percent of the
amount of the grant.
‘‘SEC. 3302. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $8,500,000 for fiscal year 2000, and such sums
as may be necessary for each of the 5 succeeding fiscal
years.’’.
TITLE IV—INNOVATIVE
EDUCATION PROGRAMS
SEC. 401. INNOVATIVE EDUCATION PROGRAM STRATEGIES.
Title VI of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7301 et seq.) is amended to read
as follows:
‘‘TITLE 
VI—INNOVATIVE 
EDU-
CATION 
PROGRAM 
STRATE-
GIES
‘‘SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that this title—
‘‘(1) provides flexibility to meet local needs;
‘‘(2) promotes local and State education reforms;
‘‘(3) contributes to the improvement of academic
achievement for all students.
‘‘(4) provides funding for critical activities; and
‘‘(5) provides services for private school students.
108
‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of
programs under this title—
‘‘(1) to provide funding to enable States and
local educational agencies to implement promising
educational reform programs and school improvement
initiatives based on scientifically based research;
‘‘(2) to provide a continuing source of innova-
tion and educational improvement, including support
for library services and instructional and media ma-
terials; and
‘‘(3) to meet the educational needs of all stu-
dents, including at risk students.
‘‘(c) STATE AND LOCAL RESPONSIBILITY.—The basic
responsibility for the administration of funds made avail-
able under this title is within the States, but it is the intent
of Congress that the responsibility be carried out with a
minimum of paperwork and that the responsibility for the
design and implementation of programs assisted under this
title will be mainly that of local educational agencies, school
superintendents and principals, and classroom teachers and
supporting personnel, because such agencies and individ-
uals have the most direct contact with students and are
most likely to be able to design programs to meet the edu-
cational needs of students in their own school districts.
109
‘‘PART A—STATE AND LOCAL PROGRAMS
‘‘SEC. 6101. ALLOTMENT TO STATES.
‘‘(a) RESERVATIONS.—From the sums appropriated to
carry out this title for any fiscal year, the Secretary shall
reserve not to exceed 1 percent for payments to outlying
areas to be allotted in accordance with their respective
needs.
‘‘(b) ALLOTMENT.—From the remainder of such sums,
the Secretary shall allot to each State an amount which
bears the same ratio to the amount of such remainder as
the school-age population of the State bears to the school-
age population of all States, except that no State shall re-
ceive less than an amount equal to 1⁄2 of 1 percent of such
remainder.
‘‘SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) DISTRIBUTION RULE.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2),
from the sums made available each year to carry out
this title, the State shall distribute not less than 85
percent to local educational agencies within such
State according to the relative enrollments in public
and private, nonprofit schools within the jurisdictions
of such agencies, adjusted, in accordance with criteria
approved by the Secretary, to provide higher per-
pupil allocations to local educational agencies that
110
have the greatest numbers or percentages of children
whose education imposes a higher than average cost
per child, such as—
‘‘(A) children living in areas with high con-
centrations of low-income families;
‘‘(B) children from low-income families;
and
‘‘(C) children living in sparsely populated
areas.
‘‘(2) EXCEPTION.—100 percent of any amount
by which the funds paid to a State under this title
for a fiscal year exceed the amount of such funds paid
to the State for fiscal year 2000 shall be distributed
to local educational agencies and used locally for in-
novative assistance described in section 6301(b).
‘‘(3) LIMITATION ON ADMINISTRATIVE COSTS.—
Not more than 4 percent of the funds paid to a State
under this title for a fiscal year may be used by the
agency for administration and supervision of pro-
grams assisted under this title.
‘‘(b) CALCULATION OF ENROLLMENTS.—
‘‘(1) IN GENERAL.—The calculation of relative
enrollments under subsection (a)(1) shall be on the
basis of the total of—
111
‘‘(A) the number of children enrolled in
public schools; and
‘‘(B) the number of children enrolled in pri-
vate nonprofit schools that desire that their chil-
dren participate in programs or projects assisted
under this title, for the fiscal year preceding the
fiscal year for which the determination is made.
‘‘(2) CONSTRUCTION.—Nothing in this subsection
shall diminish the responsibility of local educational
agencies to contact, on an annual basis, appropriate
officials from private nonprofit schools within the
areas served by such agencies in order to determine
whether such schools desire that their children partici-
pate in programs assisted under this part.
‘‘(3) ADJUSTMENTS.—
‘‘(A) IN
GENERAL.—Relative enrollments
under subsection (a)(1) shall be adjusted, in ac-
cordance with criteria approved by the Secretary
under subparagraph (B), to provide higher per-
pupil allocations only to local educational agen-
cies that serve the greatest numbers or percent-
ages of—
‘‘(i) children living in areas with high
concentrations of low-income families;
112
‘‘(ii) children from low-income fami-
lies; or
‘‘(iii) children living in sparsely popu-
lated areas.
‘‘(B) CRITERIA.—The Secretary shall review
criteria submitted by a State for adjusting allo-
cations under paragraph (1) and shall approve
such criteria only if the Secretary determines
that such criteria are reasonably calculated to
produce an adjusted allocation that reflects the
relative needs within the State’s local edu-
cational agencies based on the factors set forth in
subparagraph (A).
‘‘(c) PAYMENT OF ALLOCATIONS.—
‘‘(1) DISTRIBUTION.—From the funds paid to a
State under this title for a fiscal year, a State shall
distribute to each eligible local educational agency
that has submitted an application as required in sec-
tion 6303 the amount of such local educational agen-
cy’s allocation, as determined under subsection (a).
‘‘(2) ADDITIONAL FUNDS.—
‘‘(A) IN
GENERAL.—Additional funds re-
sulting from higher per-pupil allocations pro-
vided to a local educational agency on the basis
of adjusted enrollments of children described in
113
subsection (a)(1) may, in the discretion of the
local educational agency, be allocated for expend-
itures to provide services for children enrolled in
public and private nonprofit schools in direct
proportion to the number of children described in
subsection (a)(1) and enrolled in such schools
within the local educational agency.
‘‘(B) ELECTION.—In any fiscal year, any
local educational agency that elects to allocate
such additional funds in the manner described
in subparagraph (A) shall allocate all additional
funds to schools within the local educational
agency in such manner.
‘‘(C) CONSTRUCTION.—Subparagraphs (A)
and (B) may not be construed to require any
school to limit the use of the additional funds de-
scribed in subparagraph (A) to the provision of
services to specific students or categories of stu-
dents.
‘‘PART B—STATE PROGRAMS
‘‘SEC. 6201. STATE USES OF FUNDS.
‘‘A State may use funds made available for State use
under this title only for—
‘‘(1) State administration of programs under
this title including—
114
‘‘(A) supervision of the allocation of funds
to local educational agencies;
‘‘(B) planning, supervision, and processing
of State funds; and
‘‘(C) monitoring and evaluation of pro-
grams and activities under this title;
‘‘(2) support for planning, designing, and initial
implementation of charter schools as described in part
C of title X; and
‘‘(3) statewide education reform and school im-
provement activities and technical assistance and di-
rect grants to local educational agencies which assist
such agencies under section 6301.
‘‘SEC. 6202. STATE APPLICATIONS.
‘‘(a) APPLICATION REQUIREMENTS.—Any State that
desires to receive assistance under this title shall submit to
the Secretary an application which—
‘‘(1) provides for an annual statewide summary
of how assistance under this title is contributing to-
ward improving student achievement or improving
the quality of education for students;
‘‘(2) sets forth the allocation of such funds re-
quired to implement section 6402;
‘‘(3) provides that the State will keep such
records and provide such information to the Secretary
115
as may be required for fiscal audit and program eval-
uation (consistent with the responsibilities of the Sec-
retary under this section);
‘‘(4) provides assurance that, apart from tech-
nical and advisory assistance and monitoring compli-
ance with this title, the State has not exercised and
will not exercise any influence in the decisionmaking
processes of local educational agencies as to the ex-
penditure made pursuant to an application under
section 6303;
‘‘(5) contains assurances that there is compliance
with the specific requirements of this title; and
‘‘(6) provides for timely public notice and public
dissemination of the information provided pursuant
to paragraph (2).
‘‘(b) STATEWIDE SUMMARY.—The statewide summary
referred to in subsection (a)(2) shall be submitted to the Sec-
retary and shall be derived from the evaluation information
submitted by local educational agencies to the State under
section 6303(a)(8). The format and content of such sum-
mary shall be in the discretion of the State and may include
statistical measures such as the number of students served
by each type of innovative assistance described in subsection
(b), including the number of teachers trained.
116
‘‘(c) PERIOD OF APPLICATION.—An application filed
by the State under subsection (a) shall be for a period not
to exceed 3 years, and may be amended annually as may
be necessary to reflect changes without filing a new applica-
tion.
‘‘(d) AUDIT RULE.—Local educational agencies receiv-
ing less than an average of $5,000 each under this title shall
not be audited more frequently than once every 5 years.
‘‘PART C—LOCAL INNOVATIVE EDUCATION
PROGRAMS
‘‘SEC. 6301. TARGETED USE OF FUNDS.
‘‘(a) GENERAL RULE.—Funds made available to local
educational agencies under section 6102 shall be used for
innovative assistance described in subsection (b).
‘‘(b) INNOVATIVE ASSISTANCE.—The innovative assist-
ance programs referred to in subsection (a) may include—
‘‘(1) professional development activities and the
hiring of teachers, including activities consistent with
title II, that give teachers, principals, and adminis-
trators the knowledge and skills to provide students
with the opportunity to meet challenging State or
local content standards and student performance
standards;
‘‘(2) technology related to the implementation of
school-based reform programs, including professional
117
development to assist teachers and other school offi-
cials regarding how to use effectively such equipment
and software;
‘‘(3) programs for the development or acquisition
and use of instructional and educational materials,
including library services and materials (including
media materials), assessments, reference materials,
computer software and hardware for instructional
use, and other curricular materials which are tied to
high academic standards and which will be used to
improve student achievement and which are part of
an overall education reform program;
‘‘(4) promising education reform projects, in-
cluding effective schools and magnet schools;
‘‘(5) programs to improve the academic skills of
disadvantaged elementary and secondary school stu-
dents and to prevent students from dropping out of
school;
‘‘(6) programs to combat illiteracy in the student
and adult population, including parent illiteracy;
‘‘(7) programs to provide for the educational
needs of gifted and talented children;
‘‘(8) planning, designing, and initial implemen-
tation of charter schools as described in part C of title
X;
118
‘‘(9) school improvement programs or activities
under sections 1116 and 1117;
‘‘(10) education reform projects that provide sin-
gle gender schools and classrooms, as long as com-
parable educational opportunities are offered for stu-
dents of both sexes;
‘‘(11) community service programs that use
qualified school personnel to train and mobilize
young people to measurably strengthen their commu-
nities through nonviolence, responsibility, compassion,
respect, and moral courage;
‘‘(12) curriculum-based youth entrepreneurship
education programs with demonstrated records of em-
powering disadvantaged youth with applied mathe-
matics, entrepreneurial, and other analytical skills;
‘‘(13) activities to promote consumer, economic,
and personal finance education, such as dissemi-
nating and encouraging the best practices for teaching
the basic principles of economics and promoting the
concept of achieving financial literacy through the
teaching of personal financial management skills in-
cluding the basic principles involved with earning,
spending, saving, and investing;
‘‘(14) public school choice;
119
‘‘(15) expanding and improving school-based
mental health services, including early identification
of drug use and violence, assessment, and direct indi-
vidual or group counseling services provided to stu-
dents, parents, and school personnel by qualified
school based mental health services personnel; and
‘‘(16) alternative educational programs for those
students who have been expelled or suspended from
their regular educational setting, including programs
to assist students to reenter the regular educational
setting upon return from treatment or alternative
educational programs.
‘‘SEC. 6302. ADMINISTRATIVE AUTHORITY.
‘‘In order to conduct the activities authorized by this
title, each State or local educational agency may use funds
reserved for this title to make grants to, and to enter into
contracts with, local educational agencies, institutions of
higher education, libraries, museums, and other public and
private nonprofit agencies, organizations, and institutions.
‘‘SEC. 6303. LOCAL APPLICATIONS.
‘‘(a) CONTENTS OF APPLICATION.—A local educational
agency or consortium of such agencies may receive an allo-
cation of funds under this title for any year for which an
application is submitted to the State and such application
is certified to meet the requirements of this section. The
120
State shall certify any such application if such
application—
‘‘(1) describes locally identified needs relative to
the purposes of this title and to the innovative assist-
ance described in section 6301(b);
‘‘(2) based on the needs identified in paragraph
(1), sets forth the planned allocation of funds among
innovative assistance programs described in section
6301 and describes the programs, projects, and activi-
ties designed to carry out such innovative assistance
that the local educational agency intends to support;
‘‘(3) sets forth the allocation of such funds re-
quired to implement section 6402;
‘‘(4) describes how assistance under this title will
contribute to improving student academic achieve-
ment;
‘‘(5) provides assurances of compliance with the
provisions of this title, including the participation of
children enrolled in private, nonprofit schools in ac-
cordance with section 6402;
‘‘(6) agrees to keep such records, and provide
such information to the State as reasonably may be
required for fiscal audit and program evaluation,
consistent with the responsibilities of the State under
this title;
121
‘‘(7) provides in the allocation of funds for the
assistance authorized by this title, and in the design,
planning, and implementation of such programs, for
systematic consultation with parents of children at-
tending elementary and secondary schools in the area
served by the local educational agency, with teachers
and administrative personnel in such schools, and
with other groups involved in the implementation of
this title (such as librarians, school counselors, and
other pupil services personnel) as may be considered
appropriate by the local educational agency; and
‘‘(8) provides assurance that—
‘‘(A) programs, services, and activities will
be evaluated annually;
‘‘(B) such evaluation will be used to deter-
mine and implement appropriate changes in
program services and activities for the subse-
quent year;
‘‘(C) such evaluation shall describe how as-
sistance under this title contributed toward im-
proving student academic achievement; and
‘‘(D) such evaluation shall be submitted to
the State in the time and manner requested by
the agency.
122
‘‘(b) PERIOD OF APPLICATION.—An application filed
by a local educational agency under subsection (a) shall be
for a period not to exceed 3 fiscal years, may provide for
the allocation of funds to programs for a period of 3 years,
and may be amended annually as may be necessary to re-
flect changes without filing a new application.
‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—
Subject to the limitations and requirements of this title, a
local educational agency shall have complete discretion in
determining how funds under this part shall be divided
under section 6301. In exercising such discretion, a local
educational agency shall ensure that expenditures under
this part carry out the purposes of this title and are used
to meet the educational needs within the schools of such
local educational agency.
‘‘PART D—GENERAL PROVISIONS
‘‘SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS
SUPPLEMENTARY.
‘‘(a) MAINTENANCE OF EFFORT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a State is entitled to receive its full alloca-
tion of funds under this part for any fiscal year if
the Secretary finds that either the combined fiscal ef-
fort per student or the aggregate expenditures within
the State with respect to the provision of free public
123
education for the fiscal year preceding the fiscal year
for which the determination is made was not less
than 90 percent of such combined fiscal effort or ag-
gregate expenditures for the second fiscal year pre-
ceding the fiscal year for which the determination is
made.
‘‘(2) REDUCTION
OF
FUNDS.—The Secretary
shall reduce the amount of the allocation of funds
under this part in any fiscal year in the exact pro-
portion to which the State fails to meet the require-
ments of paragraph (1) by falling below 90 percent of
both the fiscal effort per student and aggregate ex-
penditures (using the measure most favorable to the
State), and no such lesser amount shall be used for
computing the effort required under paragraph (1) for
subsequent years.
‘‘(3) WAIVERS.—The Secretary may waive, for 1
fiscal year only, the requirements of this section if the
Secretary determines that such a waiver would be eq-
uitable due to exceptional or uncontrollable cir-
cumstances such as a natural disaster or a precipi-
tous and unforeseen decline in the financial resources
of the State.
‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State or
local educational agency may use and allocate funds re-
124
ceived under this part only so as to supplement and, to
the extent practical, increase the level of funds that would,
in the absence of Federal funds made available under this
part, be made available from non-Federal sources, and in
no case may such funds be used so as to supplant funds
from non-Federal sources.
‘‘SEC. 6402. PARTICIPATION OF CHILDREN ENROLLED IN
PRIVATE SCHOOLS.
‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—
‘‘(1) IN GENERAL.—To the extent consistent with
the number of children in the school district of a local
educational agency which is eligible to receive funds
under this title or which serves the area in which a
program or project assisted under this title is located
who are enrolled in private nonprofit elementary and
secondary schools, or with respect to instructional or
personnel training programs funded by the State
from funds made available for State use, such agency,
after consultation with appropriate private school of-
ficials, shall provide for the benefit of such children
in such schools secular, neutral, and nonideological
services, materials, and equipment, including the par-
ticipation of the teachers of such children (and other
educational personnel serving such children) in train-
ing programs, and the repair or minor remodeling of
125
public facilities as may be necessary for their provi-
sion (consistent with subsection (c) of this section), or,
if such services, materials, and equipment are not fea-
sible or necessary in one or more such private schools
as determined by the local educational agency after
consultation with the appropriate private school offi-
cials, shall provide such other arrangements as will
assure equitable participation of such children in the
purposes and benefits of this title.
‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no
program or project is carried out under paragraph
(1) in the school district of a local educational agen-
cy, the State shall make arrangements, such as
through contracts with nonprofit agencies or organi-
zations, under which children in private schools in
such district are provided with services and materials
to the extent that would have occurred if the local
educational agency had received funds under this
title.
‘‘(3) APPLICATION OF REQUIREMENTS.—The re-
quirements of this section relating to the participa-
tion of children, teachers, and other personnel serving
such children shall apply to programs and projects
carried out under this title by a State or local edu-
cational agency, whether directly or through grants to
126
or contracts with other public or private agencies, in-
stitutions, or organizations.
‘‘(b) EQUAL EXPENDITURES.—Expenditures for pro-
grams pursuant to subsection (a) shall be equal (consistent
with the number of children to be served) to expenditures
for programs under this title for children enrolled in the
public schools of the local educational agency, taking into
account the needs of the individual children and other fac-
tors which relate to such expenditures, and when funds
available to a local educational agency under this title are
used to concentrate programs or projects on a particular
group, attendance area, or grade or age level, children en-
rolled in private schools who are included within the group,
attendance area, or grade or age level selected for such con-
centration shall, after consultation with the appropriate
private school officials, be assured equitable participation
in the purposes and benefits of such programs or projects.
‘‘(c) FUNDS.—
‘‘(1) ADMINISTRATION
OF
FUNDS
AND
PROP-
ERTY.—The control of funds provided under this title,
and title to materials, equipment, and property re-
paired, remodeled, or constructed with such funds,
shall be in a public agency for the uses and purposes
provided in this title, and a public agency shall ad-
minister such funds and property.
127
‘‘(2) PROVISION OF SERVICES.—The provision of
services pursuant to this title shall be provided by em-
ployees of a public agency or through contract by such
public agency with a person, an association, agency,
or corporation who or which, in the provision of such
services, is independent of such private school and of
any religious organizations, and such employment or
contract shall be under the control and supervision of
such public agency, and the funds provided under this
title shall not be commingled with State or local
funds.
‘‘(d) STATE PROHIBITION WAIVER.—If by reason of
any provision of law a State or local educational agency
is prohibited from providing for the participation in pro-
grams of children enrolled in private elementary and sec-
ondary schools, as required by this section, the Secretary
shall waive such requirements and shall arrange for the pro-
vision of services to such children through arrangements
which shall be subject to the requirements of this section.
‘‘(e) WAIVER AND PROVISION OF SERVICES.—
‘‘(1) FAILURE TO COMPLY.—If the Secretary de-
termines that a State or a local educational agency
has substantially failed or is unwilling to provide for
the participation on an equitable basis of children en-
rolled in private elementary and secondary schools as
128
required by this section, the Secretary may waive
such requirements and shall arrange for the provision
of services to such children through arrangements
which shall be subject to the requirements of this sec-
tion.
‘‘(2) WITHHOLDING
OF
ALLOCATION.—Pending
final resolution of any investigation or complaint
that could result in a determination under this sub-
section or subsection (d), the Secretary may withhold
from the allocation of the affected State or local edu-
cational agency the amount estimated by the Sec-
retary to be necessary to pay the cost of those services.
‘‘(f) DETERMINATION.—Any determination by the Sec-
retary under this section shall continue in effect until the
Secretary determines that there will no longer be any fail-
ure or inability on the part of the State or local educational
agency to meet the requirements of subsections (a) and (b).
‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When the
Secretary arranges for services pursuant to this section, the
Secretary shall, after consultation with the appropriate
public and private school officials, pay the cost of such serv-
ices, including the administrative costs of arranging for
those services, from the appropriate allotment of the State
under this title.
‘‘(h) REVIEW.—
129
‘‘(1) WRITTEN OBJECTIONS.—The Secretary shall
not take any final action under this section until the
State and the local educational agency affected by
such action have had an opportunity, for not less
than 45 days after receiving written notice thereof, to
submit written objections and to appear before the
Secretary or the Secretary’s designee to show cause
why that action should not be taken.
‘‘(2) COURT ACTION.—If a State or local edu-
cational agency is dissatisfied with the Secretary’s
final action after a proceeding under paragraph (1),
such agency may, not later than 60 days after notice
of such action, file with the United States court of ap-
peals for the circuit in which such State is located a
petition for review of that action. A copy of the peti-
tion shall be transmitted by the clerk of the court to
the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section
2112 of title 28, United States Code.
‘‘(3) REMAND TO SECRETARY.—The findings of
fact by the Secretary, if supported by substantial evi-
dence, shall be conclusive; but the court, for good
cause shown, may remand the case to the Secretary
to take further evidence and the Secretary may make
130
new or modified findings of fact and may modify the
Secretary’s previous action, and shall file in the court
the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
‘‘(4) COURT REVIEW.—Upon the filing of such
petition, the court shall have jurisdiction to affirm the
action of the Secretary or to set such action aside, in
whole or in part. The judgment of the court shall be
subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
‘‘SEC. 6403. FEDERAL ADMINISTRATION.
‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon
request, shall provide technical assistance to States and
local educational agencies under this title.
‘‘(b) RULEMAKING.—The Secretary shall issue regula-
tions under this title only to the extent that such regulations
are necessary to ensure that there is compliance with the
specific requirements and assurances required by this title.
‘‘(c) AVAILABILITY
OF APPROPRIATIONS.—Notwith-
standing any other provision of law, unless expressly in
limitation of this subsection, funds appropriated in any fis-
cal year to carry out activities under this title shall become
available for obligation on July 1 of such fiscal year and
131
shall remain available for obligation until the end of the
subsequent fiscal year.
‘‘SEC. 6404. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) EFFECTIVE SCHOOLS PROGRAMS.—The term
‘effective schools programs’ means school-based pro-
grams that may encompass preschool through sec-
ondary school levels and that have the objectives of—
‘‘(A) promoting school-level planning, in-
structional improvement, and staff development;
‘‘(B) increasing the academic achievement
levels of all children and particularly education-
ally disadvantaged children; and
‘‘(C) achieving as ongoing conditions in the
school the following factors identified through
scientifically based research as distinguishing ef-
fective from ineffective schools:
‘‘(i) Strong and effective administra-
tive and instructional leadership that cre-
ates consensus on instructional goals and
organizational capacity for instructional
problem solving.
‘‘(ii) Emphasis on the acquisition of
basic and advanced academic skills.
132
‘‘(iii) A safe and orderly school envi-
ronment that allows teachers and pupils to
focus their energies on academic achieve-
ment.
‘‘(iv) Continuous review of students
and programs to evaluate the effects of in-
struction.
‘‘(2) 
SCHOOL-AGE
POPULATION.—The 
term
‘school-age population’ means the population aged 5
through 17.
‘‘(3) SCIENTIFICALLY
BASED
RESEARCH.—The
term ‘scientifically based research’—
‘‘(A) means the application of rigorous, sys-
tematic, and objective procedures to obtain valid
knowledge relevant to effective schools programs;
and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or experi-
ment;
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
133
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
and
‘‘(iv) has been accepted by a peer-re-
viewed journal or approved by a panel of
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘(4) STATE.—The term ‘State’ means each of the
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘SEC. 6405. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title $365,750,000 for fiscal year 2000 and such sums
as may be necessary for each of the 5 succeeding fiscal
years.’’.
TITLE V—PROGRAMS OF
NATIONAL SIGNIFICANCE
PART A—FUND FOR THE IMPROVEMENT OF
EDUCATION
SEC. 501. FUND FOR THE IMPROVEMENT OF EDUCATION.
Part A of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended
to read as follows:
134
‘‘PART A—FUND FOR THE IMPROVEMENT OF
EDUCATION
‘‘SEC. 10101. PROHIBITION ON FEDERALLY SPONSORED
TESTING.
‘‘Notwithstanding any other provision of Federal law,
no funds provided under this part to the Secretary or to
the recipient of any award may be used to develop, pilot
test, field test, implement, administer, or distribute any fed-
erally sponsored national test in reading, mathematics, or
any other subject, unless specifically and explicitly author-
ized by law.
‘‘SEC. 10102. PROHIBITION ON FEDERAL ENDORSEMENT OF
ELEMENTARY AND SECONDARY SCHOOL CUR-
RICULUM.
‘‘Notwithstanding any other provision of Federal law,
no funds provided under this part to the Secretary may
be used to endorse, approve, or sanction any curriculum
designed to be used in elementary or secondary schools.
‘‘SEC. 10103. FUND FOR THE IMPROVEMENT OF EDUCATION.
‘‘(a) PROGRAMS AND PROJECTS AUTHORIZED.—
‘‘(1) IN
GENERAL.—From funds appropriated
under this part, the Secretary is authorized to sup-
port nationally significant programs and projects to
improve the quality of elementary and secondary edu-
cation at the State and local levels.
135
‘‘(2) METHODS FOR CARRYING OUT PROGRAMS
AND PROJECTS.—The Secretary is authorized to carry
out such programs and projects directly, or through
grants to or contracts with States or local educational
agencies, institutions of higher education, and other
public and private agencies, organizations, and insti-
tutions, including religious organizations.
‘‘(b) USES OF FUNDS.—The funds appropriated under
this part may be used for any of the following activities
and programs:
‘‘(1) Activities to promote systemic education re-
form at the State and local levels, including—
‘‘(A) scientifically based research to improve
student academic achievement at the State and
local level; and
‘‘(B) the development and evaluation of
strategies for parent and community involve-
ment.
‘‘(2) Programs at the State and local levels
which are designed to yield significant results, includ-
ing programs to explore approaches to public school
choice and school-based decision-making.
‘‘(3) Programs designed to promote public school
choice.
‘‘(4) Performance rewards for States which—
187
bursement of, and accounting for, Federal funds paid
to the State under each such program;
‘‘(6) the State will—
‘‘(A) make reports to the Secretary as may
be necessary to enable the Secretary to perform
the Secretary’s duties under each such program;
and
‘‘(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find nec-
essary to carry out the Secretary’s duties; and
‘‘(7) before the plan or application was sub-
mitted to the Secretary, the State has afforded a rea-
sonable opportunity for public comment on the plan
or application and has considered such comment.
‘‘(b) GEPA PROVISION.—Section 441 of the General
Education Provisions Act shall not apply to programs
under this Act.
‘‘SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS.
‘‘(a) GENERAL
AUTHORITY.—A local educational
agency receiving funds under more than one program under
this Act may submit plans or applications to the State edu-
cational agency under such programs on a consolidated
basis.