I
106TH CONGRESS
2D SESSION
H. R. 4141
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
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
(Education OPTIONS) Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
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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
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.
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
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transfer certain education funds between formula
programs 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
Transferability 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 localities; 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 amend-
ed by adding at the end the following:
‘‘SEC. 14206. TRANSFERABILITY.
‘‘(a) STATE TRANSFER AUTHORITY.—
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‘‘(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 activi-
ties).
‘‘(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 pro-
grams as authorized under section 1502 as de-
scribed on pages 96–99 of the Joint Statement
of the Committee 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.
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‘‘(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 list-
ed in paragraph (2) to its allocation under title
I.
‘‘(C) UNDER
PERCENT.—A transfer
under subparagraph (A) or (B) of up to 30 per-
cent of the funds allocated to a local edu-
cational agency under a provision listed in para-
graph (2) in a fiscal year may be made without
State approval.
‘‘(D) OVER 30 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
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which, when added to the amount of other
transfers by the agency of such funds in such
fiscal year, is more than 30 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 de-
velopment in mathematics and science under
title II in a fiscal year will equal or exceed the
amount of funds expended for the year pre-
ceding the date of enactment of the Education
OPTIONS Act such agency may transfer funds
allocated 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 activi-
ties).
‘‘(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
Education Act, 2000, included in the Depart-
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ments of Labor, Health and Human Services,
and Education, and Related Agencies Appro-
priations Act, 2000 (as enacted into law by sec-
tion 1004(a)(4) of Public Law 106–113).
‘‘(3) SPECIAL
APPROVAL.—If a local edu-
cational agency submits to its State a written re-
quest to make a transfer under this subsection that
requires State approval, such transfer 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 nec-
essary before the State will approve the transfer.
‘‘(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 ap-
plication to the Department of Education; and
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‘‘(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
agency 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 application to the State; and
‘‘(2) notify the State no less than 30 days be-
fore 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 al-
location 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:
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‘‘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 per-
cent 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.
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‘‘(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
methamphetamine and cocaine. Many rural commu-
nities have few resources for helping youth avoid
drug use.
‘‘(5) Drug and violence prevention programs
and activities need to include efforts to prevent un-
derage use of tobacco and alcohol, and are more
likely to succeed when such efforts are included.
Drug and violence prevention research calls for ag-
gressive activities to prevent the use of these gate-
way 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
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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,
practicing religion and prayer, having parents
present at key times of the day, having high edu-
cational expectations, 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
violence at least during the time of those programs.
Research indicates that the juvenile crime rate tri-
ples 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 mem-
ber 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 in-
volve parents and communities, and that are coordinated
with related Federal, State, and community efforts and
resources to foster a learning environment in which stu-
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dents increase their academic achievement, through the
provision of Federal assistance to—
‘‘(1) States for grants to local educational agen-
cies and consortia of such agencies to establish, op-
erate, and improve local programs of drug and vio-
lence prevention in elementary and secondary
schools;
‘‘(2) States for grants to, and contracts with,
community-based organizations and other public and
private nonprofit agencies and organizations for pro-
grams of drug and violence prevention and edu-
cation;
‘‘(3) States for grants to local educational agen-
cies and community-based organizations for before
and after school programs for youth and continuing
educational 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
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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 Common-
wealth of the Northern Mariana Islands, to be allot-
ted in accordance with the Secretary’s determination
of their respective needs; and
‘‘(2) shall reserve 0.5 (or $5,166,885, whichever
is greater) of such amount for the Secretary of the
Interior to carry out programs under this part for
Indian youth.
‘‘(b) STATE ALLOTMENTS.—
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall, for each fiscal year,
allocate among the States—
‘‘(A) one-half of the remainder not re-
served under subsection (a) according to the
ratio between the school-aged population of
each State and the school-aged population of all
the States; and
‘‘(B) one-half of such remainder according
to the ratio between the amount each State re-
ceived under part A of title I for the preceding
year and the sum of such amounts received by
all the States.
‘‘(2) MINIMUM.—For any fiscal year, no State
shall be allotted under this subsection an amount
that is less than one-half of 1 percent of the total
amount allotted to all the States under this sub-
section.
‘‘(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 accord-
ance with this section.
‘‘SEC. 4112. WITHIN-STATE DISTRIBUTION.
‘‘(a) GOVERNOR’S ALLOCATION.—
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‘‘(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 reserved to a State under section 4111,
less the amount reserved under subsection (a) and
paragraphs (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
subsection (1) for State activities described in
4115(c).
‘‘(3) STATE
ADMINISTRATION.—A State may
use not more than 2 percent of the amount reserved
under paragraph (1) for the administrative costs of
carrying out its responsibilities under this part.
‘‘(c) DISTRIBUTION TO LOCAL EDUCATIONAL AGEN-
CY.—
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‘‘(1) IN GENERAL.—A State shall distribute not
less than 96 percent of the amount made available
under subsection (b)(1) for each fiscal year to local
educational agencies in accordance with this sub-
section.
‘‘(2) DISTRIBUTION.—(A) Of the amount made
available to a State under subsection (b)(1) and not
reserved under paragraphs (2) and (3), a State shall
distribute—
‘‘(i) 70 percent of such amount to local
educational agencies, based on the relative en-
rollments in public and private nonprofit ele-
mentary and secondary schools within the
boundaries of such agencies; and
‘‘(ii) 30 percent of such amount to local
educational agencies that the State determines
have the greatest need for additional funds to
carry out drug and violence prevention pro-
grams.
‘‘(B) Of the amount received under (1), a local
educational agency may use not more than 2 percent
for the administrative costs of carrying out its re-
sponsibilities under this part.
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‘‘(C) 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 pro-
grams;
‘‘(vi) high rates of referrals of youths to
juvenile 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
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‘‘(xii) local fiscal capacity to fund before
and after school activities for youth without
Federal assistance.
‘‘(D) The distribution of funds shall reflect the
geographical diversity of local educational agencies
in the State.
‘‘(3) RETURN OF FUNDS TO STATE; REALLOCA-
TION.—
‘‘(A) RETURN.—Except as provided in
subparagraph (B), upon the expiration of the 1-
year period beginning on the date that a local
educational 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
programs 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 receives
under this title for such fiscal year; or
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‘‘(ii) upon a demonstration of good
cause by such agency or consortium, a
greater amount approved by the State.
‘‘SEC. 4113. STATE APPLICATION.
‘‘(a) IN GENERAL.—In order to receive an allotment
under section 4111 for any fiscal year, a State shall sub-
mit to the Secretary, at such time as the Secretary may
require, an application that—
‘‘(1) describes how funds under this subpart
will be coordinated with programs under this Act,
and other drug and violence prevention programs, as
appropriate, in accordance with the provisions of
section 14306;
‘‘(2) contains the results of the State’s needs
assessment for drug and violence prevention pro-
grams, which shall be based on the results of on-
going State evaluation activities, including data on
the incidence and prevalence of drug use and vio-
lence 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 consultation and coordination with appropriate
State officials and others, including the chief execu-
tive officer, the chief State school officer, the head
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of the State alcohol and drug abuse agency, the
heads of the State health and mental health agen-
cies, 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 representatives of parents, students,
and community-based organizations, including reli-
gious 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
officer will coordinate program administration and
activities 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
submitted under this section shall also contain a com-
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prehensive 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 per-
formance 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 of-
ficer 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 ensure no duplication of efforts
with other State agencies and local educational
agencies with regard to the provision of school-
based drug and violence prevention efforts and
services; and
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‘‘(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 of-
ficer will award funds under section 4115(b) in
order to support activities and programs that meet
the principles of effectiveness and a plan for moni-
toring 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; and
‘‘(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.
‘‘(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—
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‘‘(A) performance indicators for drug and
violence prevention; and
‘‘(B) levels of performance for each per-
formance 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.
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‘‘(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
application shall be amended, as necessary, to reflect
changes in the activities and programs of the local edu-
cational agency.
‘‘(b) DEVELOPMENT.—(1) A local educational agency
shall develop its application through timely and meaning-
ful consultation with a local or substate regional advisory
council, as described in subsection (c).
‘‘(2) To ensure timely and meaningful consultation,
a local educational agency shall, in accordance with sub-
section (c), establish and consult with a local or substate
regional advisory council on issues regarding the design
and development of the program or activity, including ef-
forts to meet the principles of effectiveness described 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.
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‘‘(c) ADVISORY COUNCIL.—(1) In establishing a local
or substate regional advisory council, the local educational
agency shall include, to the extent possible, representatives
of local government, business, parents, students, teachers,
pupil services personnel, appropriate State agencies, pri-
vate schools, the medical profession, law enforcement,
community-based organizations, religious organizations,
and other groups with interest and expertise in drug and
violence prevention, including before and after school and
continuing education programs.
‘‘(2) 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 con-
ducted within the boundaries of the local educational
agency;
‘‘(B) advise the local educational agency
regarding—
‘‘(i) how best to coordinate such agency’s
activities under this part with other related
drug and violence prevention strategies, pro-
grams, and activities; and
‘‘(ii) the agencies that administer such pro-
grams, projects, and activities; and
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‘‘(C) review program and activity evaluations
and other relevant material and make recommenda-
tions to the local educational agency on how to im-
prove 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
violence prevention, which shall include a description
of—
‘‘(A) how the plan will be coordinated with
programs under this Act, and other Acts deal-
ing with drug and violence prevention, as ap-
propriate, in accordance with the provisions of
section 14306;
‘‘(B) the local educational agency’s per-
formance measures for drug and violence pre-
vention, that shall consist of—
‘‘(i) performance indicators for drug
and violence prevention; and
‘‘(ii) levels of performance for each
performance indicator;
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‘‘(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 pro-
grams with community-wide efforts to achieve
such agency’s performance measures for drug
and violence prevention;
‘‘(F) how the local educational agency will
coordinate such agency’s activities and pro-
grams with other Federal, State, and local pro-
grams for youth drug and violence prevention,
including before and after school programs and
continuing education activities;
‘‘(2) an assurance that drug prevention pro-
grams supported under this Act conveys a clear and
consistent message that the use of drugs is wrong
and harmful; and
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‘‘(3) 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 qual-
ity 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 unless the State makes a written determina-
tion, prior to the expiration of the 90-day period be-
ginning on the date that the State receives the appli-
cation, that the application is in violation of this
title.
‘‘(C) DISAPPROVAL.—The State shall not fi-
nally disapprove a local educational agency applica-
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tion, except after giving such agency notice and op-
portunity for a hearing.
‘‘SEC. 4115. AUTHORIZED ACTIVITIES.
‘‘(a) PRINCIPLES OF EFFECTIVENESS.—(1) For a
program or activity developed pursuant to this part to
meet the principles of effectiveness, such program or activ-
ity shall—
‘‘(A) be based upon an assessment of objective
data—
‘‘(i) regarding the drug and violence prob-
lems in the elementary and secondary schools
and communities to be served, including an ob-
jective 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 assess-
ment or evaluation activities;
‘‘(ii) regarding the current drug and vio-
lence prevention strategies, programs, and ac-
tivities, including before and after school pro-
grams and continuing education activities, in
such schools and communities; and
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‘‘(iii) regarding student academic achieve-
ment and current programs and activities to in-
crease student academic achievement.
‘‘(B) be based upon an established set of per-
formance measures aimed at ensuring that all ele-
mentary and secondary schools and communities
served by the local educational agency have a drug-
free, safe, and orderly learning environment.
‘‘(C) be based upon scientifically based research
that provides evidence that the program to be used
will prevent or reduce drug use and violence, includ-
ing delinquency and serious discipline problems
among youth.
‘‘(2) 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, im-
prove, and strengthen the program, and to refine the per-
formance measures. The results shall also be made avail-
able to the public upon request, with public notice of such
availability provided.
‘‘(3) WAIVER.—A local educational agency or com-
munity-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 sub-
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stantial likelihood of success in drug and violence preven-
tion 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, commu-
nity-based organizations, religious organizations, and
other public entities and private organizations and
consortia thereof, including community anti-drug
coalitions—
‘‘(A) to support drug and violence preven-
tion strategies, programs, and activities, includ-
ing before and after school activities and con-
tinuing education programs, that provide com-
prehensive community-wide prevention efforts
or direct services to prevent drug use and vio-
lence 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;
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‘‘(B) shall give priority to programs and
activities for populations that need special serv-
ices or additional resources (such as youth in
juvenile detention facilities, runaway or home-
less 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 pre-
vention activities, such as—
‘‘(A) programs that provide classroom in-
struction by uniformed law enforcement officials
designed to teach students to recognize and re-
sist 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
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legal system, which emphasizes interactive
learning techniques such as mock trial competi-
tions; or
‘‘(C) partnerships between law enforcement
and child guidance professionals, which may in-
clude mental health providers.
‘‘(c) STATE ACTIVITIES.—
‘‘(1) AUTHORIZED ACTIVITIES.—A State shall
use the funds described in section 4112(b)(2) to
plan, develop, and implement capacity building, tech-
nical assistance, accountability, program improve-
ment services, and coordination activities for local
educational agencies that are designed to support
the implementation of drug and violence prevention
programs, including before and after school pro-
grams 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—
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‘‘(A) be consistent with the principles of
effectiveness 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 be-
havioral 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 ac-
tivities and continuing education needs of youth
and adults in the community;
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‘‘(2) AUTHORIZED
ACTIVITIES.—Each local
educational 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
prevention activities, including before and after
school programs and continuing education activities,
in the elementary and secondary schools and com-
munities, such as—
‘‘(A) developmentally appropriate drug and
violence prevention programs that serve stu-
dents in both elementary and secondary school
and that incorporate a variety of prevention
strategies and activities, which may include—
‘‘(i) teaching students that most peo-
ple do not use drugs;
‘‘(ii) teaching students to recognize
social and peer pressure to use drugs;
‘‘(iii) teaching students skills for re-
sisting drug use;
‘‘(iv) engaging students in the learn-
ing process;
‘‘(v) using developmentally appro-
priate teaching materials;
‘‘(vi) incorporating activities in sec-
ondary schools that reinforce prevention
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activities 
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 per-
sonal 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);
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‘‘(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 indi-
viduals 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 preven-
tion, including training in early identification,
intervention, and prevention of threatening be-
havior;
‘‘(D) parental involvement and training in
youth drug and violence prevention, including
early identification of potential youth violence;
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‘‘(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 vio-
lence 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
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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) 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;
‘‘(N) testing students for illegal drug use
or conducting student locker searches for illegal
drugs or drug paraphernalia;
‘‘(O) establishment of school uniform poli-
cies;
‘‘(P) 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;
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‘‘(Q) establishing and maintaining a school
violence hotline;
‘‘(R) conducting background checks of
school personnel;
‘‘(S) expanding and improving school-
based mental health services, including early
identification of drug use and violence, assess-
ment, and direct individual or group counseling
services provided to students, parents, and
school personnel by qualified school based men-
tal health services personnel;
‘‘(T) hiring and training coordinators of
drug and violence prevention programs serving
students in grades six through nine;
‘‘(U) mentoring and tutoring services for
students provided by senior citizen volunteers;
and
‘‘(V) the evaluation of any of the activities
authorized under this subsection.
‘‘SEC. 4116. EVALUATION AND REPORTING.
‘‘(a) DATA COLLECTION.—
‘‘(1) The National Center for Education Statis-
tics shall collect data to determine the frequency, se-
riousness, and incidence of drug use and violence by
youth in schools and communities in the States
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using, if appropriate, data submitted by the States
pursuant to subsection (b).
‘‘(2) The Secretary shall submit to the Con-
gress a report on the data collected under this sub-
section.
‘‘(b) STATE REPORT.—
‘‘(1) IN GENERAL.—Not later than October 1,
2003, and every third year thereafter, the chief exec-
utive officer of a State, in consultation with the
State educational agency, shall submit to the Sec-
retary 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
provided.
‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each
local educational agency receiving funds under this part
shall submit to the State such information, and at such
intervals, as the State reasonably requires to complete the
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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
Secretary, in consultation with the Secretary of
Health and Human Services, the Director of the Of-
fice of National Drug Control Policy, the Chair of
the Ounce of Prevention Council, and the Attorney
General, shall carry out programs to prevent the ille-
gal use of drugs and violence among, and promote
safety and discipline 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) di-
rectly, or through grants, contracts, or cooperative
agreements with public and private nonprofit and
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for-profit organizations, including religious organiza-
tions, and individuals, 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 ap-
proaches to drug and violence prevention based
on needs reported by State and local edu-
cational agencies;
‘‘(B) the provision of information on drug
abuse education and prevention to the Secretary
of Health and Human Services for dissemina-
tion by the clearinghouse for alcohol and drug
abuse information established under section
501(d)(16) of the Public Health Service Act;
‘‘(C) continuing technical assistance to
chief executive officers, State agencies, and
local educational agencies to build capacity to
develop and implement high-quality, effective
programs consistent with the Principles of Ef-
fectiveness.
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‘‘(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 of Education, in consulta-
tion with the Secretary of Health and Human Services,
through the Commissioner on Children, Youth, and Fami-
lies, the Attorney General, and representatives with rel-
evant experience from State child care agencies and child
care resource and referral centers, shall establish a na-
tional clearinghouse to provide technical assistance re-
garding establishment and operation of after school pro-
grams and models of after school programs. The national
clearinghouse shall be available to the public, including via
Internet, and shall serve as a resource for child care orga-
nizations, communities, and individuals 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 re-
quiring each local educational agency—
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‘‘(A) to expel from school for a period of
not less than one year a student who is deter-
mined 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 educational agency to modify such
expulsion requirement 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 stu-
dent 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 edu-
cational agency requesting assistance from a State that
is provided from funds made available to the State under
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this Act shall provide to the State, in the application re-
questing 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 treat-
ed as a private school under State law.
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‘‘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 pri-
vate 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
‘controlled substance’ means a drug or other sub-
stance identified under Schedule I, II, III, IV, or V
in section 202(c) of the Controlled Substances Act
(21 U.S.C. 812(c)).
‘‘(3) DRUG.—The term ‘drug’ includes con-
trolled substances; the illegal use of alcohol and to-
bacco; 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;
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‘‘(B) with respect to violence, the pro-
motion of school safety, such that students and
school personnel are free from violent and dis-
ruptive 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 ac-
tivities, 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 serv-
ice 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.
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‘‘(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 SERV-
ICES
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 cer-
tified mental health professional qualified under
state law to provide such services to children and
adolescents.
‘‘(9) SCHOOL PERSONNEL.—The term ‘school
personnel’ includes teachers, administrators, guid-
ance 
counselors, 
social 
workers, 
psychologists,
nurses, librarians, and other support staff who are
employed by a school or who perform services for the
school on a contractual basis.
‘‘(10) SCIENTIFICALLY
BASED
RESEARCH.—
The term ‘scientifically based research’—
‘‘(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to youth violence and
drug prevention activities and programs; and
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‘‘(B) shall include research that—
‘‘(i) employs systemic, empirical meth-
ods 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;
‘‘(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
Commonwealth of Puerto Rico.
‘‘SEC. 4142. 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.
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‘‘(b) CURRICULUM.—The Secretary shall not pre-
scribe the use of specific curricula for programs supported
under this part.
‘‘SEC. 4143. 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 reha-
bilitation, except for pupil services or referral to
treatment for students who are victims of, or wit-
nesses 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.
‘‘SEC. 4144. QUALITY RATING.
‘‘(a) IN GENERAL.—The chief executive officer of
each State, or in the case of a State in which the constitu-
tion or law of such State designates another individual,
entity, or agency in the State to be responsible for edu-
cation activities, such individual, entity, or agency is au-
thorized and encouraged—
‘‘(1) to establish a standard of quality for drug
and violence prevention programs implemented in
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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
students enrolled in the school for drug and violence
offenses;
‘‘(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
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‘‘(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
DESIGNATION.—A school that wishes to receive a quality
program school designation shall submit a request and
documentation of compliance with this section to the chief
executive officer of the State or the individual, entity, or
agency described in subsection (a), as the case may be.
‘‘(d) PUBLIC NOTIFICATION.—Not less than once a
year, the chief executive officer of each State or the indi-
vidual, entity, or agency described in subsection (a), as
the case may be, shall make available to the public a list
of the names of each public school in the State that has
received a quality program school designation in accord-
ance with this section.
‘‘SEC. 4145. 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 de-
scribed in title III of the Department of Education Act,
2000, (as enacted into law by section 1004(a)(4) of Public
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Law 106–113) and prior appropriations Acts, prior to the
date of the enactment of the Education OPTIONS Act
for the duration of the original grant period.
‘‘SEC. 4146. GENERAL ACCOUNTING OFFICE REPORT.
‘‘Not later than 1 year after the date of the enact-
ment of the Education OPTIONS Act, the General Ac-
counting Office shall transmit to Congress a report con-
taining the following:
‘‘(1) For each State, a description of the types
of after school programs that are available for stu-
dents 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, and athletic and other pro-
grams operated by public schools and other State
and local agencies.
‘‘(2) For 15 communities selected to represent
a variety of regional, population, and demographic
profiles, a detailed analysis of the after school pro-
grams that are available for students in kinder-
garten through grade 12, including programs spon-
sored 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 programs operated by public schools, churches,
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day care centers, parks, recreation centers, family
day care, community organizations, law enforcement
agencies, service providers, and for-profit and non-
profit organizations.
‘‘(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
affiliated 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 kindergarten through grade 12.
‘‘SEC. 4147. 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.
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‘‘(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 di-
minishing the religious freedom of beneficiaries of assist-
ance funded under such program.
‘‘(c) NONDISCRIMINATION AGAINST RELIGIOUS OR-
GANIZATIONS.—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 manner consistent with the Establishment Clause of
the United States Constitution. Except as provided in sub-
section (i), neither the Federal Government, a State, nor
a local educational agency receiving funds under this title
shall discriminate against an organization that is or ap-
plies to be a contractor to provide assistance on the basis
that the organization 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
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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 organi-
zation’s exemption provided under section 702 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e–1), regarding em-
ployment practices, shall not be affected by its participa-
tion in, or receipt of funds from, programs under this title.
‘‘(f) 
NONDISCRIMINATION
AGAINST
BENE-
FICIARIES.—Except as otherwise provided in law, a reli-
gious organization shall not discriminate against an indi-
vidual in regard to rendering assistance funded under any
program described in this title on the basis of religion,
a religious belief, or refusal to actively participate in a reli-
gious practice.
‘‘(g) FISCAL ACCOUNTABILITY.—
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‘‘(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
accepted auditing principles for the use of such
funds provided under such programs.
‘‘(2) LIMITED
AUDIT.—If such organization
segregates Federal funds provided under such pro-
grams into separate accounts, then only the financial
assistance 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,
instruction, 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.’’.
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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 local-
ities for implementing innovative technology initia-
tives which lead to increased student academic
achievement and which may be evaluated for effec-
tiveness and replicated 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
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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
isolated 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
technology to promote parent and family involve-
ment in education and communication among par-
ents, teachers 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 ap-
propriated to carry out this part—
‘‘(1) $731,305,000 for fiscal year 2000; and
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‘‘(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 pro-
vided in subsection (c), the amount of funds made avail-
able 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 sub-
part 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
OPTIONS Act) which were awarded prior to fiscal
year 2001 for the duration of the original grant pe-
riod.
‘‘(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
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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
demonstrate 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 pro-
duces technology products or services, or has
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substantial expertise in the application of tech-
nology;
‘‘(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
practices which result in improvement in class-
room instruction in the core academic subject
areas, and the preparation of students to meet
challenging State content and student perform-
ance standards.
‘‘(4) The term ‘emerging technologies’ means
the applications that can result from the develop-
ment of high-speed, broad band telecommunications
networks and more powerful computer systems.
‘‘(5) The term ‘high need local educational
agency’ 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
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the poverty line, as defined by the Office of
Management and Budget and revised annually
in accordance with section 673(2) of the Com-
munity 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,
systematic, and objective procedures to obtain
valid knowledge relevant to education tech-
nology; 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
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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
received under part A for title I for such year bears
to the amount received for such year under such
part by all States.
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‘‘(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 IN-
DIAN 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 Sec-
retary of the Interior for programs under this sub-
part 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 as-
sistance 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 accord-
ance with this section.
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‘‘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 distrib-
uted 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 dis-
tributed through a formula developed by the
State which shall target funds to high need
local educational 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 OP-
TIONS 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 competi-
tive process to eligible local entities which have
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submitted plans to the State under section
3114, to be used to carry out activities con-
sistent 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 ef-
fect prior to the enactment of the Education OP-
TIONS 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
containing such information as the Secretary may reason-
ably require.
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‘‘(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
academic 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
performance standards, including a description of
how the State will take steps to ensure that all stu-
dents in the State, particularly those residing in dis-
tricts 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 edu-
cation 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
standards.
‘‘(4) A description of how the State will encour-
age the development and utilization of innovative
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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
approved by the Secretary unless the Secretary makes a
written determination prior to the expiration of the 90-
day period which begins on the date the Secretary receives
the application that the plan is in violation of the provi-
sions 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.
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‘‘(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
timely 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 tech-
nology plan consistent with the objectives of the statewide
education 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
described in this section shall include the following:
‘‘(1) A description of how the applicant will use
Federal funds provided under this subpart to im-
prove the academic achievement of all students and
to improve the capacity of all teachers to provide in-
struction 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 con-
tent and student performance standards, including a
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description of how the applicant will take steps to
ensure 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
research, which effectively integrate technology
into instruction, leading to improvements in
student academic achievement as measured by
challenging State content and student perform-
ance standards; and
‘‘(B) sustained and intensive, high quality
professional development, based upon scientif-
ically based research, which increases teacher
capacity to create improved learning environ-
ments through the integration of technology
into instruction through proven strategies and
improved content as described in subparagraph
(A).
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‘‘(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
challenging content and improved classroom instruc-
tion.
‘‘(5) A description of how the applicant will co-
ordinate education technology activities funded
under this subpart, including (but not limited to)
professional development, with any such activities
provided under other Federal, State, and local pro-
grams, including those authorized under title I, title
II, title VI, and (where applicable) the Individuals
with Disabilities Education Act and the Carl D. Per-
kins Vocational 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 ena-
bling students to meet challenging State content and
student performance standards.
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‘‘(7) If requested by the State—
‘‘(A) a description of how the applicant will
use funds provided under this subpart in a
manner which is consistent with any broad edu-
cation technology priorities which may be estab-
lished 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
filtering or blocking technology and related enforce-
ment 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
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use of technology and distance learning, and pro-
viding other technical assistance to such applicants
throughout the State, with a priority to high need
local educational 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 stu-
dents attending 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
technologies to create new learning environments, in-
cluding 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 re-
trieve 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-
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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 ac-
cess provided through technology centers in partner-
ship with libraries and with the support of the pri-
vate sector.
‘‘(6) Developing enhanced performance meas-
urement systems to determine the effectiveness of
education technology programs funded under this
subpart, especially in determining the extent to
which education technology funded under this part
has been successfully integrated into teaching strate-
gies and school curriculum, has increased the ability
of teachers to teach, and has enabled students to
meet challenging State content and student perform-
ance standards.
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Of
the 5 percent of the State’s allotment under section 3111
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which may be used to carry out activities under this sec-
tion, not more than 10 percent may be used by the State
for administrative 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 sus-
tained and intensive, high-quality professional develop-
ment, based on scientifically based research, in the inte-
gration of advanced technologies (including emerging tech-
nologies) 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
content and student performance standards.
‘‘(b) OTHER ACTIVITIES.—In addition to the activi-
ties described in subsection (a), a recipient of funds made
available under section 3112(a)(2)(A) shall use such funds
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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 chal-
lenging State content and student performance
standards, and for developing and utilizing innova-
tive strategies to deliver rigorous academic pro-
grams.
‘‘(2) Developing, expanding, or acquiring edu-
cation technology as a means to improve the aca-
demic 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
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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
measurement systems to determine the effectiveness
of education technology programs funded under this
subpart, especially in determining the extent to
which education technology funded under this part
has been successfully integrated into teaching strate-
gies and school curriculum, has increased the ability
of teachers to teach, and has enabled students to
meet challenging State content and student perform-
ance standards.
‘‘(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 ac-
cess provided through technology centers in partner-
ship with libraries and with the support of the pri-
vate sector.
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‘‘(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 computers that are accessible to minors, and dur-
ing 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) dur-
ing 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
educational agency or elementary or secondary
school from filtering or blocking materials other
than those referred to in subparagraph (A), (B), or
(C) of paragraph (1).
‘‘(4) DEFINITIONS.—
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‘‘(A) MATERIAL HARMFUL TO MINORS.—
The term ‘material harmful to minors’ has the
meaning 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
subsection 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
following 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 proc-
ess, to States, local educational agencies (including
eligible local entities), institutions of higher edu-
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cation, and public and private or nonprofit or for-
profit agencies.
‘‘(2) The provision of technical assistance to
States, local educational agencies, and other grant-
ees under this part (directly or through the competi-
tive 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 requirements of such section, in order to pro-
mote the purposes of this title and to ensure the co-
ordination of Federal efforts to promote the effective
use of educational 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
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that have a measurable positive impact on student achieve-
ment.
‘‘(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
readily available to students in a particular school
district, particularly in rural areas; and
‘‘(2) increase access to technology to those re-
siding in districts served by high need local edu-
cational agencies.
‘‘SEC. 3122. REQUIREMENTS FOR RECIPIENTS OF FUNDS.
‘‘(a) APPLICATION.—In order to receive a grant or
contract under this subpart, an entity shall submit an ap-
plication 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
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academic 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 contract, 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 re-
quired under this subsection may not exceed 50 per-
cent 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 meas-
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urable positive impact on student achievement, the Sec-
retary shall—
‘‘(1) develop tools and provide resources, includ-
ing technical assistance, for recipients of funds
under this subpart to effectively evaluate their activi-
ties; 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 estab-
lish 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 Internet, 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
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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, meet-
ing the requirements of scientifically based re-
search, 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
agreements with eligible entities described in subsection
(c) to—
‘‘(1) develop, produce, and distribute edu-
cational and instructional video programming for
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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
family 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 nation-
wide distribution over digital broadcasting channels
and the Internet, containing Ready to Learn-based
children’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
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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 develop-
ment personnel, and elementary school teachers,
public libraries, and after school program per-
sonnel caring for preschool and elementary
school children.
‘‘(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
widely 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
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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
‘‘(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
income from sales of any program-related prod-
ucts.
‘‘(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 percent of the amounts received under the grant, con-
tract, or cooperative agreement for the expenses of admin-
istering the grant, contract, or cooperative agreement.
‘‘(e) COORDINATION OF ACTIVITIES.—An entity re-
ceiving a grant, contract, or cooperative agreement from
the Secretary under this section shall work with the Sec-
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retary and the Secretary of Health and Human Services
to—
‘‘(1) maximize the utilization by preschool and
elementary school children of the programming
funded under this section and to make such pro-
gramming widely available to federally funded pro-
grams serving such populations; and
‘‘(2) coordinate with Federal programs that
have major training components for early childhood
development (including Head Start, Even Start,
family literacy services, and State training activities
funded under the Child Care Development Block
Grant Act of 1990) regarding the availability and
utilization of materials developed with funds pro-
vided 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.
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‘‘SEC. 3203. REPORTS AND EVALUATION.
‘‘(a) ANNUAL REPORT BY GRANT RECIPIENTS TO
SECRETARY.—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 require. At a minimum, the report shall describe the
program activities undertaken with funds received under
such section, 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;
‘‘(3) the means by which the programming has
been distributed, including the distance learning
technologies that have been utilized to make pro-
gramming 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-
Federal support for the development and distribu-
tion and broadcast of educational and instructional
programming.
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‘‘(b) REPORT TO CONGRESS.—The Secretary shall
prepare and submit to the relevant committees of Con-
gress a biannual report on the activities funded and car-
ried 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
inform 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
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 sec-
tion 3201(a).
‘‘PART C—TELECOMMUNICATIONS PROGRAM
‘‘SEC. 3301. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized to make grants to a
nonprofit telecommunications entity (or a partnership of
such entities) for the purpose of carrying out a national
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telecommunications-based program to improve the teach-
ing of core academic subjects. The program shall be de-
signed to assist elementary and secondary school teachers
in preparing all students to achieve State content stand-
ards.
‘‘SEC. 3302. APPLICATION REQUIRED.
‘‘(a) IN GENERAL.—Any nonprofit telecommuni-
cations entity or partnership of such entities desiring a
grant under this part shall submit an application to the
Secretary.
‘‘(b) CONTENTS OF APPLICATION.—Each application
submitted under subsection (a) shall—
‘‘(1) demonstrate that the applicant will use the
existing publicly funded telecommunications infra-
structure, 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 learning technologies for achieving
State content standards;
‘‘(2) assure that the program for which assist-
ance is sought will be conducted in cooperation with
States as appropriate, local educational agencies,
and State or local nonprofit public telecommuni-
cations entities;
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‘‘(3) 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-
cational agencies which have a high percentage of
children counted for the purpose of part A of title
I; and
‘‘(4) contain such additional assurances as the
Secretary may reasonably require.
‘‘(c) APPROVAL
OF APPLICATIONS; NUMBER
OF
DEMONSTRATION
SITES.—In 
approving 
applications
under this section, the Secretary shall assure that the
demonstration program authorized by this part is con-
ducted at elementary and secondary school sites in at least
15 States.
‘‘SEC. 3303. 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.’’.
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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 re-
forms;
‘‘(3) contributes to the improvement of aca-
demic achievement for all students.
‘‘(4) provides funding for critical activities; and
‘‘(5) provides services for private school stu-
dents.
‘‘(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 improve-
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ment initiatives based on scientifically based re-
search;
‘‘(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
available 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 class-
room teachers and supporting personnel, because such
agencies and individuals have the most direct contact with
students and are most likely to be able to design programs
to meet the educational needs of students in their own
school districts.
‘‘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
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shall reserve not to exceed 1 percent for payments to out-
lying areas to be allotted in accordance with their respec-
tive 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 remain-
der as the school-age population of the State bears to the
school-age population of all States, except that no State
shall receive 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 jurisdic-
tions of such agencies, adjusted, in accordance with
criteria approved by the Secretary, to provide higher
per-pupil allocations to local educational agencies
that have the greatest numbers or percentages of
children whose education imposes a higher than av-
erage cost per child, such as—
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‘‘(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 dis-
tributed to local educational agencies and used lo-
cally for innovative 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
programs 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—
‘‘(A) the number of children enrolled in
public schools; and
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‘‘(B) the number of children enrolled in
private nonprofit schools that desire that their
children participate in programs or projects as-
sisted under this title, for the fiscal year pre-
ceding the fiscal year for which the determina-
tion is made.
‘‘(2) CONSTRUCTION.—Nothing in this sub-
section shall diminish the responsibility of local edu-
cational agencies to contact, on an annual basis, ap-
propriate officials from private nonprofit schools
within the areas served by such agencies in order to
determine whether such schools desire that their
children participate 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 Sec-
retary under subparagraph (B), to provide
higher per-pupil allocations only to local edu-
cational agencies that serve the greatest num-
bers or percentages of—
‘‘(i) children living in areas with high
concentrations of low-income families;
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‘‘(ii) children from low-income fami-
lies; or
‘‘(iii) children living in sparsely popu-
lated areas.
‘‘(B) CRITERIA.—The Secretary shall re-
view criteria submitted by a State for adjusting
allocations under paragraph (1) and shall ap-
prove such criteria only if the Secretary deter-
mines that such criteria are reasonably cal-
culated to produce an adjusted allocation that
reflects the relative needs within the State’s
local educational 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
agency’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
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of adjusted enrollments of children described in
subsection (a)(1) may, in the discretion of the
local educational agency, be allocated for ex-
penditures to provide services for children en-
rolled in public and private nonprofit schools in
direct proportion to the number of children de-
scribed in subsection (a)(1) and enrolled in
such schools within the local educational agen-
cy.
‘‘(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
described in subparagraph (A) to the provision
of services to specific students or categories of
students.
‘‘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—
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‘‘(1) State administration of programs under
this title including—
‘‘(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;
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‘‘(3) provides that the State will keep such
records and provide such information to the Sec-
retary as may be required for fiscal audit and pro-
gram evaluation (consistent with the responsibilities
of the Secretary 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 compli-
ance 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 sum-
mary referred to in subsection (a)(2) shall be submitted
to the Secretary 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 summary 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
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described in subsection (b), including the number of teach-
ers trained.
‘‘(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
application.
‘‘(d) AUDIT RULE.—Local educational agencies re-
ceiving 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 as-
sistance 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 ad-
ministrators the knowledge and skills to provide stu-
dents with the opportunity to meet challenging State
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or local content standards and student performance
standards;
‘‘(2) technology related to the implementation
of school-based reform programs, including profes-
sional development to assist teachers and other
school officials regarding how to use effectively such
equipment and software;
‘‘(3) programs for the development or acquisi-
tion and use of instructional and educational mate-
rials, including library services and materials (in-
cluding media materials), assessments, reference ma-
terials, computer software and hardware for instruc-
tional 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 stu-
dent and adult population, including parent illit-
eracy;
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‘‘(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;
‘‘(9) school improvement programs or activities
under sections 1116 and 1117;
‘‘(10) education reform projects that provide
single gender schools and classrooms, as long as
comparable educational opportunities are offered for
students of both sexes;
‘‘(11) community service programs that use
qualified school personnel to train and mobilize
young people to measurably strengthen their com-
munities through nonviolence, responsibility, com-
passion, respect, and moral courage;
‘‘(12) curriculum-based youth entrepreneurship
education programs with demonstrated records of
empowering disadvantaged youth with applied math-
ematics, 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 teach-
ing the basic principles of economics and promoting
the concept of achieving financial literacy through
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the teaching of personal financial management skills
including the basic principles involved with earning,
spending, saving, and investing;
‘‘(14) public school choice; and
‘‘(15) expanding and improving school-based
mental health services, including early identification
of drug use and violence, assessment, and direct in-
dividual or group counseling services provided to stu-
dents, parents, and school personnel by qualified
school based mental health services personnel.
‘‘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 edu-
cational agency or consortium of such agencies may re-
ceive an allocation 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 State shall certify any such application
if such application—
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‘‘(1) describes locally identified needs relative to
the purposes of this title and to the innovative as-
sistance 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 ac-
tivities designed to carry out such innovative assist-
ance 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
achievement;
‘‘(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;
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‘‘(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 imple-
mentation of this title (such as librarians, school
counselors, and other pupil services personnel) as
may be considered appropriate by the local edu-
cational 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.
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‘‘(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 nec-
essary to reflect 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 allo-
cation of funds under this part for any fiscal year
if the Secretary finds that either the combined fiscal
effort per student or the aggregate expenditures
within the State with respect to the provision of free
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public education for the fiscal year preceding the fis-
cal year for which the determination is made was
not less than 90 percent of such combined fiscal ef-
fort or aggregate expenditures for the second fiscal
year preceding the fiscal year for which the deter-
mination 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
expenditures (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 equitable due to exceptional or uncontrollable cir-
cumstances such as a natural disaster or a precipi-
tous and unforeseen decline in the financial re-
sources of the State.
‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State
or local educational agency may use and allocate funds
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received 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 ele-
mentary 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 officials, shall provide for the benefit
of such children in such schools secular, neutral, and
nonideological services, materials, and equipment, in-
cluding the participation of the teachers of such chil-
dren (and other educational personnel serving such
children) in training programs, and the repair or
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minor remodeling of public facilities as may be nec-
essary for their provision (consistent with subsection
(c) of this section), or, if such services, materials,
and equipment are not feasible or necessary in one
or more such private schools as determined by the
local educational agency after consultation with the
appropriate private school officials, 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 mate-
rials to the extent that would have occurred if the
local educational agency had received funds under
this title.
‘‘(3) APPLICATION
OF
REQUIREMENTS.—The
requirements of this section relating to the participa-
tion of children, teachers, and other personnel serv-
ing such children shall apply to programs and
projects carried out under this title by a State or
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local educational agency, whether directly or through
grants to or contracts with other public or private
agencies, institutions, or organizations.
‘‘(b) EQUAL EXPENDITURES.—Expenditures for pro-
grams pursuant to subsection (a) shall be equal (con-
sistent with the number of children to be served) to ex-
penditures for programs under this title for children en-
rolled in the public schools of the local educational agency,
taking into account the needs of the individual children
and other factors 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 enrolled in private schools who are included with-
in the group, attendance area, or grade or age level se-
lected for such concentration shall, after consultation with
the appropriate private school officials, be assured equi-
table 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
repaired, remodeled, or constructed with such funds,
shall be in a public agency for the uses and purposes
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provided in this title, and a public agency shall ad-
minister such funds and property.
‘‘(2) PROVISION OF SERVICES.—The provision
of services pursuant to this title shall be provided by
employees of a public agency or through contract by
such public agency with a person, an association,
agency, or corporation who or which, in the provi-
sion 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
provision of services to such children through arrange-
ments which shall be subject to the requirements of this
section.
‘‘(e) WAIVER AND PROVISION OF SERVICES.—
‘‘(1) FAILURE TO COMPLY.—If the Secretary
determines that a State or a local educational agen-
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cy has substantially failed or is unwilling to provide
for the participation on an equitable basis of chil-
dren enrolled in private elementary and secondary
schools as required by this section, the Secretary
may waive such requirements and shall arrange for
the provision of services to such children through ar-
rangements which shall be subject to the require-
ments of this section.
‘‘(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 with-
hold from the allocation of the affected State or local
educational agency the amount estimated by the
Secretary to be necessary to pay the cost of those
services.
‘‘(f) DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines that there will no longer be any
failure or inability on the part of the State or local edu-
cational agency to meet the requirements of subsections
(a) and (b).
‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When
the Secretary arranges for services pursuant to this sec-
tion, the Secretary shall, after consultation with the ap-
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propriate public and private school officials, pay the cost
of such services, including the administrative costs of ar-
ranging for those services, from the appropriate allotment
of the State under this title.
‘‘(h) REVIEW.—
‘‘(1) WRITTEN
OBJECTIONS.—The Secretary
shall not take any final action under this section
until the State and the local educational agency af-
fected 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
appeals for the circuit in which such State is located
a petition for review of that action. A copy of the
petition 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 pro-
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vided in section 2112 of title 28, United States
Code.
‘‘(3) REMAND TO SECRETARY.—The findings of
fact by the Secretary, if supported by substantial
evidence, 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 new or modified findings of fact and may mod-
ify 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.
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‘‘(b) RULEMAKING.—The Secretary shall issue regu-
lations under this title only to the extent that such regula-
tions 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
fiscal year to carry out activities under this title shall be-
come available for obligation on July 1 of such fiscal year
and 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
programs that may encompass preschool through
secondary 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
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‘‘(C) achieving as ongoing conditions in the
school the following factors identified through
scientifically based research as distinguishing
effective 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.
‘‘(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,
systematic, and objective procedures to obtain
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valid knowledge relevant to effective schools
programs; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or ex-
periment;
‘‘(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.
‘‘(4) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, and the
Commonwealth 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
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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 amend-
ed to read as follows:
‘‘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
federally sponsored national test in reading, mathematics,
or any other subject, unless specifically and explicitly au-
thorized by law.
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‘‘SEC. 10102. PROHIBITION ON FEDERAL ENDORSEMENT OF
ELEMENTARY 
AND 
SECONDARY 
SCHOOL
CURRICULUM.
‘‘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 EDU-
CATION.
‘‘(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
education at the State and local levels.
‘‘(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 edu-
cation, and other public and private agencies, orga-
nizations, and institutions, including religious orga-
nizations.
‘‘(b) USES
OF FUNDS.—The funds appropriated
under this part may be used for any of the following activi-
ties and programs:
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‘‘(1) Activities to promote systemic education
reform at the State and local levels, including—
‘‘(A) scientifically based research to im-
prove 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, in-
cluding 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—
‘‘(A) make significant progress in elimi-
nating achievement gaps by increasing the pro-
portions of 2 or more groups of students de-
scribed in section 1111(a)(3)(I) who meet State
proficiency standards; and
‘‘(B) have agreed to meet specific and nu-
merical performance goals during the term of a
performance agreement of at least 5 years in
length.
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‘‘(5) Activities to promote and evaluate coordi-
nated pupil services programs.
‘‘(6) Activities to promote consumer, economic,
entrepreneurial, and personal finance education, in-
cluding disseminating and encouraging the best
practices for teaching the basic principles of econom-
ics and promoting the concept of achieving financial
literacy through the teaching of personal financial
management skills, including the basic principles in-
volved with earning, spending, saving, and investing.
‘‘(7) Studies, evaluations, and dissemination of
various education reform strategies and innovations
based on scientifically based research being pursued
by the Federal Government, States, and local edu-
cational agencies.
‘‘(8) The identification and recognition of exem-
plary schools and programs such as Blue Ribbon
Schools.
‘‘(9) Experiential-based learning programs.
‘‘(10) The development and expansion of public-
private partnership education programs which ex-
tend the learning experience beyond the classroom
environment through the use of computers.
‘‘(11) An independent study conducted in con-
sultation with appropriate entities, which will pro-
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vide a multi-level coordinated implementation strat-
egy based on scientifically based research, for effec-
tive professional development activities for mathe-
matics and science teachers.
‘‘(12) Grants for elementary and secondary
school counseling programs under section 10104.
‘‘(13) Grants for character education programs
under section 10105.
‘‘(14) Grants for smaller learning communities
within high schools programs under section 10106.
‘‘SEC. 
10104. 
ELEMENTARY 
AND 
SECONDARY 
SCHOOL
COUNSELING PROGRAMS.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN
GENERAL.—The Secretary may use
funds provided under this part to award grants to
local educational agencies to enable such agencies to
establish or expand elementary and secondary school
counseling programs which meet the requirements of
subsection (b).
‘‘(2) PRIORITY.—In awarding grants under this
section, the Secretary shall give special consideration
to applications describing programs which—
‘‘(A) demonstrate the greatest need for
new or additional counseling services among the
children in the schools served by the applicant;
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‘‘(B) propose the most promising and inno-
vative approaches for initiating or expanding
school counseling; and
‘‘(C) show the greatest potential for rep-
lication and dissemination.
‘‘(3) EQUITABLE DISTRIBUTION.—In awarding
grants under this section, the Secretary shall ensure
an equitable geographic distribution among the re-
gions of the United States and among urban, subur-
ban, and rural local educational agencies.
‘‘(4) DURATION.—A grant under this section
shall be awarded for a period not to exceed 3 years.
‘‘(b) 
REQUIREMENTS
FOR
COUNSELING
PRO-
GRAMS.—Each program funded under this section shall—
‘‘(1) be comprehensive in addressing the coun-
seling and educational needs of all students;
‘‘(2) use a developmental, preventive approach
to counseling;
‘‘(3) increase the range, availability, quantity,
and quality of counseling services in the elementary
and secondary schools of the local educational agen-
cy;
‘‘(4) expand counseling services through quali-
fied school counselors, school psychologists, and
school social workers;
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‘‘(5) use innovative approaches to increase chil-
dren’s understanding of peer and family relation-
ships, work and self, decision making, or academic
and career planning, or to improve peer interaction;
‘‘(6) provide counseling services in settings that
meet the range of needs of students;
‘‘(7) include inservice training, including train-
ing for teachers in appropriate identification and
intervention techniques for disciplining and teaching
students at risk of violent behavior, by school coun-
selors, school psychologists, and school social work-
ers;
‘‘(8) involve parents of participating students in
the design, implementation, and evaluation of a
counseling program;
‘‘(9) involve collaborative efforts with commu-
nity groups, social service agencies, or other public
or private entities to enhance the program;
‘‘(10) evaluate annually the effectiveness and
outcomes of the counseling services and activities as-
sisted under this section;
‘‘(11) ensure a team approach to school coun-
seling in the elementary and secondary schools of
the local educational agency by maintaining a sci-
entifically based ratio of school counselors, school so-
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cial workers, and school psychologists to students;
and
‘‘(12) ensure that school counselors, school psy-
chologists, or school social workers paid from funds
made available under this section spend a majority
of their time at the school in activities directly re-
lated to the counseling process.
‘‘(c) LIMIT ON ADMINISTRATION.—Not more than 3
percent of the amounts made available under this section
in any fiscal year may be used for administrative costs
to carry out this section.
‘‘(d) DEFINITIONS.—For purposes of this section, the
terms ‘school counselor’, ‘school psychologist’, and ‘school
social worker’, mean individuals qualified, licensed, or cer-
tified under State law to provide mental health counseling
to children and adolescents.
‘‘SEC. 10103. CHARACTER EDUCATION PROGRAM.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN
GENERAL.—The Secretary may use
funds provided under this part to award grants to
States, local educational agencies, or consortia of
such educational agencies for the design and imple-
mentation of character education programs which in-
corporate the elements of character described in sub-
section (c).
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‘‘(2) DURATION.—Each grant under this sec-
tion shall be awarded for a period not to exceed 5
years, of which the recipient may not use more than
1 year for planning and program design.
‘‘(b) CONTRACTS UNDER PROGRAM.—
‘‘(1) EVALUATION.—Each State, local edu-
cational agency, or consortia of such educational
agencies awarded a grant under this section may
contract with outside sources, including institutions
of higher education and private and nonprofit orga-
nizations, for purposes of evaluating its program and
measuring the success of the program toward fos-
tering in students the elements of character de-
scribed in subsection (c).
‘‘(2) MATERIALS
AND
PROGRAM
DEVELOP-
MENT.—Each State, local educational agency, or
consortia of such educational agencies awarded a
grant under this section may contract with outside
sources, including institutions of higher education
and private and nonprofit organizations, for assist-
ance in developing curriculum, materials, teacher
training, and other activities related to character
education.
‘‘(c) ELEMENTS OF CHARACTER.—The elements of
character described in this subsection are as follows:
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‘‘(1) Honesty.
‘‘(2) Citizenship.
‘‘(3) Courage.
‘‘(4) Justice.
‘‘(5) Respect.
‘‘(6) Personal Responsibility.
‘‘(7) Trustworthiness.
‘‘(8) Any other elements deemed appropriate by
the State, local educational agency, or consortia of
such educational agencies receiving a grant under
this paragraph.
‘‘(d) SELECTION OF RECIPIENTS.—
‘‘(1) CRITERIA.—The Secretary shall select
States, local educational agencies, or consortia of
such educational agencies to receive grants under
this section on the basis of the quality of the appli-
cations submitted, taking into consideration such
factors as—
‘‘(A) the extent to which the proposed
character education program fosters in students
the elements of character described in sub-
section (c);
‘‘(B) the extent of parental, student, and
community involvement in the program; and
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‘‘(C) the likelihood that the goals of the
program will be realistically achieved.
‘‘(2) DIVERSITY OF PROJECTS.—The Secretary
shall approve applications for grants under this sec-
tion in a manner which ensures to the extent prac-
ticable that the character education programs fund-
ed with such grants—
‘‘(A) serve an equitable geographic dis-
tribution among the regions of the United
States and among urban, suburban, and rural
areas; and
‘‘(B) serve schools which serve a high per-
centage of minorities, Native Americans, stu-
dents of limited English proficiency, and dis-
advantaged students.
‘‘SEC. 10104. SMALLER LEARNING COMMUNITIES WITHIN
HIGH SCHOOLS.
‘‘(a) IN GENERAL.—The Secretary may use funds
provided under this part to—
‘‘(1) promote the creation of smaller learning
communities within high schools in which students
may receive greater individual attention and support,
including the development and implementation of
scientifically based research strategies described in
subsection (b) to create such communities; and
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‘‘(2) develop and implement strategies to in-
clude parents, business representatives, institutions
of higher education, community-based organizations,
and other community members in such communities.
‘‘(b) EXAMPLES OF STRATEGIES TO CREATE SMALL-
ER LEARNING COMMUNITIES.—The strategies described
in this subsection to create smaller learning communities
within high schools may include:
‘‘(1) The establishment of learning clusters,
‘houses’, magnet schools, or other approaches to cre-
ating schools within schools.
‘‘(2) The use of block scheduling.
‘‘(3) The use of personal adult advocates, teach-
er-advisory systems, and other mentoring strategies.
‘‘(4) Strategies to reduce teaching loads.
‘‘(5) Other innovations designed to increase stu-
dent academic achievement through the creation of
a more personalized high school experience for stu-
dents.
‘‘(c) SIZE OF COMMUNITIES.—In using funds under
this section, the Secretary’s goal shall be the creation of
learning communities of not more than 600 students with-
in high schools.
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‘‘SEC. 10105. GENERAL PROVISIONS.
‘‘(a) AWARDS MADE ON COMPETITIVE BASIS.—The
Secretary may make awards under this part on the basis
of competitions announced by the Secretary.
‘‘(b) SPECIAL RULE.—The Secretary shall ensure
that programs, projects, and activities supported under
this part are designed so that the effectiveness of such
programs, projects, and activities is readily ascertainable
and based on scientifically based research.
‘‘(c) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for assistance
under this part, and may use funds appropriated under
this part for the cost of such peer review.
‘‘(d) APPLICATIONS.—An applicant for an award
under this part shall submit an application which—
‘‘(1) establishes clear goals and objectives for
its project under this part which are based on sci-
entifically based research; and
‘‘(2) describes the activities it will carry out in
order to meet the goals and objectives described in
paragraph (1).
‘‘(e) EVALUATIONS.—A recipient of an award under
this part shall—
‘‘(1) evaluate the effectiveness of its project in
achieving the goals and objectives stated in its appli-
cation; and
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‘‘(2) report to the Secretary such information
as may be required, including evidence of its
progress toward meeting the such goals, to deter-
mine the project’s effectiveness.
‘‘(f) DISSEMINATION OF EVALUATION RESULTS.—
The Secretary shall provide for the dissemination of the
evaluations of projects funded under this part by making
the evaluations publicly available upon request, and shall
publish public notice that the evaluations are so available.
‘‘(g) MATCHING FUNDS.—The Secretary may require
recipients of awards under this part to provide matching
funds from non-Federal sources.
‘‘(h) 
SCIENTIFICALLY
BASED
RESEARCH
DE-
FINED.—In this part, the term ‘scientifically based
research’—
‘‘(1) means the application of rigorous, system-
atic, and objective procedures to obtain valid knowl-
edge relevant to education activities and programs;
and
‘‘(2) shall include research which—
‘‘(A) employs systematic, empirical meth-
ods which draw on observation or experiment,
‘‘(B) involves rigorous data analyses which
are adequate to test the stated hypotheses and
justify the general conclusions drawn,
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‘‘(C) relies on measurements or observa-
tional methods which provide valid data across
evaluators and observers and across multiple
measurements and observations, and
‘‘(D) has been accepted by a peer reviewed
journal or approved by a panel of independent
experts through a comparably rigorous, objec-
tive, and scientific review.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated $50,000,000 for fiscal year 2000 and
$50,000,000 for each of the 5 succeeding fiscal years.’’.
PART B—ARTS EDUCATION
SEC. 511. ARTS EDUCATION.
Part D of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8091 et seq.) is amend-
ed to read as follows:
‘‘PART D—ARTS EDUCATION
‘‘SEC. 10401. SUPPORT FOR ARTS EDUCATION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) every student can benefit from an edu-
cation in the arts;
‘‘(2) a growing body of research indicates that
education in the arts may provide cognitive benefits
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and bolster academic achievement, beginning at an
early age and continuing through school;
‘‘(3) qualified arts teachers and sequential cur-
riculum are the basis and core for substantive arts
education for students;
‘‘(4) arts education programs should be ground-
ed in rigorous instruction and take their place within
a structure of direct accountability to parents, school
officials, and the community;
‘‘(5) opportunities in the arts have enabled per-
sons of all ages with disabilities to participate more
fully in school and community activities; and
‘‘(6) arts education is a valuable part of the ele-
mentary and secondary school curriculum.
‘‘(b) PURPOSES.—The purposes of this part are to—
‘‘(1) support systemic education reform by
strengthening arts education as an integral part of
the elementary and secondary school curriculum;
and
‘‘(2) help ensure that all students can learn to
challenging State content standards and challenging
State student performance standards in the arts.
‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out
the purposes of this part, the Secretary is authorized to
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award grants to, or enter into contracts or cooperative
agreements with—
‘‘(1) States;
‘‘(2) local educational agencies;
‘‘(3) institutions of higher education;
‘‘(4) museums and other cultural institutions;
and
‘‘(5) other public and private agencies, institu-
tions, and organizations.
‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this
part may be used for—
‘‘(1) research on arts education;
‘‘(2) planning, developing, acquiring, expanding,
improving, and disseminating model school-based
arts education programs;
‘‘(3) the development of model State arts edu-
cation assessments based on State standards;
‘‘(4) the development and implementation of
curriculum frameworks for arts education;
‘‘(5) the development of model inservice profes-
sional development programs for arts educators and
other instructional staff;
‘‘(6) supporting collaborative activities with
other Federal agencies or institutions, arts edu-
cators, and organizations representing the arts, in-
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cluding State and local arts agencies involved in arts
education;
‘‘(7) supporting model projects and programs in
the performing arts for children and youth and pro-
grams which assure the participation in mainstream
settings in arts and education programs of individ-
uals with disabilities through arrangements made
with organizations such as the John F. Kennedy
Center for the Performing Arts and VSA arts;
‘‘(8) supporting model projects and programs to
integrate arts education into the regular elementary
and secondary school curriculum; and
‘‘(9) other activities that further the purposes
of this part.
‘‘(e) COORDINATION AND CONSULTATION.—
‘‘(1) IN GENERAL.—A recipient of funds under
this part shall, to the extent possible, coordinate
projects assisted under this part with appropriate
activities of public and private cultural agencies, in-
stitutions, and organizations, including museums,
arts education associations, libraries, and theaters.
‘‘(2) CONSULTATION.—In carrying out this
part, the Secretary shall consult with other Federal
agencies or institutions, arts educators (including
professional arts education associations), and organi-
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zations representing the arts including State and
local arts agencies involved in arts education.
‘‘(f) AUTHORIZATION.—
‘‘(1) IN
GENERAL.—For the purpose of car-
rying out this part, there are authorized to be appro-
priated $11,500,000 for fiscal year 2000 and such
sums as may be necessary for each of the 5 suc-
ceeding fiscal years.
‘‘(2) SPECIAL
RULE.—Any entity receiving
funds under this part shall use such funds only to
supplement and not to supplant the amount of funds
made available from non-Federal sources for the ac-
tivities assisted under this part.’’.
PART C—PUBLIC CHARTER SCHOOLS
SEC. 521. PUBLIC CHARTER SCHOOLS.
(a) 
CHARTER
SCHOOL
DEFINED.—Section
10310(1)(H) (20 U.S.C. 8066(1)(H)) is amended by in-
serting ‘‘or in another nondiscriminatory manner con-
sistent with State law,’’ after ‘‘lottery,’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
10311 (20 U.S.C. 8067) is amended—
(1) by striking ‘‘$100,000,000 for fiscal year
1999’’ and inserting ‘‘$145,000,000 for fiscal year
2000’’; and
(2) by striking ‘‘four’’ and inserting ‘‘5’’.
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PART D—CIVIC EDUCATION
SEC. 531. CIVIC EDUCATION.
Part F of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8141 et seq.) is amend-
ed to read as follows:
‘‘PART F—CIVIC EDUCATION
‘‘SEC. 10601. SHORT TITLE.
‘‘This part may be cited as the ‘Education for De-
mocracy Act’.
‘‘SEC. 10602. PURPOSE.
‘‘It is the purpose of this part—
‘‘(1) to improve the quality of civics and gov-
ernment education, by educating students about the
history and principles of the Constitution of the
United States, including the Bill of Rights; and
‘‘(2) to foster civic competence and responsi-
bility.
‘‘SEC. 10603. GENERAL AUTHORITY.
‘‘(a) GRANTS AND CONTRACTS.—The Secretary is
authorized to award grants to or enter into contracts with
the Center for Civic Education to carry out civic education
activities under sections 10604.
‘‘SEC. 10604. WE THE PEOPLE PROGRAM.
‘‘(a) THE CITIZEN AND THE CONSTITUTION.—
‘‘(1) IN GENERAL.—The Center for Civic Edu-
cation shall use funds awarded under section
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10603(a)(1)(A) to carry out The Citizen and the
Constitution program in accordance with this sub-
section.
‘‘(2) EDUCATIONAL
ACTIVITIES.—The Citizen
and the Constitution program—
‘‘(A) shall continue and expand the edu-
cational activities of the ‘We the People . . .
The Citizen and the Constitution’ program ad-
ministered by the Center for Civic Education;
‘‘(B) shall enhance student attainment of
challenging content standards in civics and gov-
ernment; and
‘‘(C) shall provide—
‘‘(i) a course of instruction on the
basic principles of our Nation’s constitu-
tional democracy and the history of the
Constitution of the United States and the
Bill of Rights;
‘‘(ii) at the request of a participating
school, school and community simulated
congressional hearings following the course
of study;
‘‘(iii) an annual national competition
of simulated congressional hearings for
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secondary school students who wish to par-
ticipate in such a program;
‘‘(iv) advanced training of teachers
about the Constitution of the United
States and the political system the United
States created;
‘‘(v) materials and methods of instruc-
tion, including teacher training, that utilize
the latest advancements in educational
technology; and
‘‘(vi) civic education materials and
services to address specific problems such
as the prevention of school violence and the
abuse of drugs and alcohol.
‘‘(3) AVAILABILITY
OF
PROGRAM.—The edu-
cation program authorized under this subsection
shall be made available to public and private elemen-
tary and secondary schools, including Bureau funded
schools, in the 435 congressional districts, and in
the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
‘‘(b) PROJECT CITIZEN.—
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‘‘(1) IN GENERAL.—The Center for Civic Edu-
cation shall use funds awarded under section
10603(a)(1)(A) to carry out The Project Citizen
program in accordance with this subsection.
‘‘(2) EDUCATIONAL
ACTIVITIES.—The Project
Citizen program—
‘‘(A) shall continue and expand the edu-
cational activities of the ‘We the People . . .
Project Citizen’ program administered by the
Center for Civic Education;
‘‘(B) shall enhance student attainment of
challenging content standards in civics and gov-
ernment; and
‘‘(C) shall provide—
‘‘(i) a course of instruction at the
middle school level on the roles of State
and local governments in the Federal sys-
tem established by the Constitution of the
United States;
‘‘(ii) optional school and community
simulated State legislative hearings;
‘‘(iii) an annual national showcase or
competition;
‘‘(iv) advanced training of teachers on
the roles of State and local governments in
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the Federal system established by the Con-
stitution of the United States;
‘‘(v) materials and methods of instruc-
tion, including teacher training, that utilize
the latest advancements in educational
technology; and
‘‘(vi) civic education materials and
services to address specific problems such
as the prevention of school violence and the
abuse of drugs and alcohol.
‘‘(3) AVAILABILITY
OF
PROGRAM.—The edu-
cation program authorized under this subsection
shall be made available to public and private middle
schools, including Bureau funded schools, in the 50
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands.
‘‘(c) DEFINITION OF BUREAU FUNDED SCHOOL.—In
this section the term ‘Bureau funded school’ has the
meaning given the term in section 1146 of the Education
Amendments of 1978.
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‘‘SEC. 10606. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
section 10604, $9,850,000 for fiscal year 2000 and such
sums as may be necessary for each of the fiscal years 2001
through 2005.
TITLE VI—GENERAL
PROVISIONS
SEC. 601. GENERAL PROVISIONS.
Title XIV of the Elementary and Secondary Edu-
cation Act is amended to read as follows:
‘‘PART A—DEFINITIONS
‘‘SEC. 14101. DEFINITIONS.
‘‘Except as otherwise provided, for the purposes of
this Act, the following terms have the following meanings:
‘‘(1) Average daily attendance—
‘‘(A) Except as provided otherwise by
State law or this paragraph, the term ‘average
daily attendance’ means—
‘‘(i) the aggregate number of days of
attendance of all students during a school
year; divided by
‘‘(ii) the number of days school is in
session during such school year.
‘‘(B) The Secretary shall permit the con-
version of average daily membership (or other
similar data) to average daily attendance for
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local educational agencies in States that provide
State aid to local educational agencies on the
basis of average daily membership or such other
data.
‘‘(C) If the local educational agency in
which a child resides makes a tuition or other
payment for the free public education of the
child in a school located in another school dis-
trict, the Secretary shall, for purposes of this
Act—
‘‘(i) consider the child to be in attend-
ance at a school of the agency making such
payment; and
‘‘(ii) not consider the child to be in at-
tendance at a school of the agency receiv-
ing such payment.
‘‘(D) If a local educational agency makes a
tuition payment to a private school or to a pub-
lic school of another local educational agency
for a child with disabilities, as defined in sec-
tion 602(3) of the Individuals with Disabilities
Education Act, the Secretary shall, for the pur-
poses of this Act, consider such child to be in
attendance at a school of the agency making
such payment.
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‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The
term ‘average per-pupil expenditure’ means, in the
case of a State or of the United States—
‘‘(A) without regard to the source of
funds—
‘‘(i) the aggregate current expendi-
tures, during the third fiscal year pre-
ceding the fiscal year for which the deter-
mination is made (or, if satisfactory data
for that year are not available, during the
most recent preceding fiscal year for which
satisfactory data are available) of all local
educational agencies in the State or, in the
case of the United States for all States
(which, for the purpose of this paragraph,
means the 50 States and the District of
Columbia); plus
‘‘(ii) any direct current expenditures
by the State for the operation of such
agencies; divided by
‘‘(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such pre-
ceding year.
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‘‘(3) CHILD.—The term ‘child’ means any per-
son within the age limits for which the State pro-
vides free public education.
‘‘(4) CHILD WITH DISABILITY.—The term ‘child
with a disability’ means a child—
‘‘(A) with mental retardation, hearing im-
pairments, 
hearing 
impairments 
(including
deafness), speech or language impairments, vis-
ual impairments (including blindness), serious
emotional disturbance (hereinafter referred to
as ‘emotional disturbance’), orthopedic impair-
ments, autism, traumatic brain injury, other
health impairments, or specific learning disabil-
ities; and
‘‘(B) who, by reason thereof, needs special
education and related services.
‘‘(5) COMMUNITY-BASED ORGANIZATION.—The
term ‘community-based organization’ means a public
or private nonprofit organization of demonstrated ef-
fectiveness that—
‘‘(A) is representative of a community or
significant segments of a community; and
‘‘(B) provides educational or related serv-
ices to individuals in the community.
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‘‘(6) CONSOLIDATED
LOCAL
APPLICATION.—
The term ‘consolidated local application’ means an
application submitted by a local educational agency
pursuant to section 14302.
‘‘(7) CONSOLIDATED LOCAL PLAN.—The term
‘consolidated local plan’ means a plan submitted by
a local educational agency pursuant to section
14302.
‘‘(8) CONSOLIDATED
STATE
APPLICATION.—
The term ‘consolidated State application’ means an
application submitted by a State educational agency
pursuant to section 14302.
‘‘(9) CONSOLIDATED STATE PLAN.—The term
‘consolidated State plan’ means a plan submitted by
a State educational agency pursuant to section
14302.
‘‘(10) COUNTY.—The term ‘county’ means one
of the divisions of a State used by the Secretary of
Commerce in compiling and reporting data regard-
ing counties.
‘‘(11) COVERED PROGRAM.—The term ‘covered
program’ means each of the programs authorized
by—
‘‘(A) part A of title I;
‘‘(B) part B of title I;
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‘‘(C) part C of title I;
‘‘(D) part D of title I;
‘‘(E) title II (other than National activi-
ties);
‘‘(F) subpart 2 of part A of title III;
‘‘(G) part A title IV (other than section
4115(b));
‘‘(H) title VI;
‘‘(I) comprehensive school reform programs
as authorized under section 1502 and described
on pages 96–99 of the Joint Explanatory State-
ment of the Committee 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);
‘‘(K) part A of title VII;
‘‘(L) part C of title VII;
‘‘(M) part J of title X; and
‘‘(N) title XII.
‘‘(12) CURRENT
EXPENDITURES.—The term
‘current expenditures’ means expenditures for free
public education—
‘‘(A) including expenditures for adminis-
tration, instruction, attendance, pupil transpor-
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tation services, operation and maintenance of
plant, fixed charges, and net expenditures to
cover deficits for food services and student body
activities; but
‘‘(B) not including expenditures for com-
munity services, capital outlay, and debt serv-
ice, or any expenditures made from funds re-
ceived under title I and title VI.
‘‘(13) DEPARTMENT.—The term ‘Department’
means the Department of Education.
‘‘(14) EDUCATIONAL
SERVICE
AGENCY.—The
term ‘educational service agency’ means a regional
public multiservice agency authorized by State stat-
ute to develop, manage, and provide services or pro-
grams to local educational agencies.
‘‘(15) ELEMENTARY SCHOOL.—The term ‘ele-
mentary school’ means a nonprofit institutional day
or residential school, including a public elementary
charter school, that provides elementary education,
as determined under State law.
‘‘(16) FAMILY LITERACY SERVICES.—The term
‘family literacy services’ means services provided to
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient
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duration, to make sustainable changes in a family,
and that integrate all of the following activities:
‘‘(A) Interactive literacy activities between
parents and their children.
‘‘(B) Training for parents regarding how
to be the primary teacher for their children and
full partners in the education of their children.
‘‘(C) Parent literacy training that leads to
economic self-sufficiency.
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life ex-
periences.
‘‘(17) FREE
PUBLIC
EDUCATION.—The term
‘free public education’ means education that is
provided—
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge;
and
‘‘(B) as elementary or secondary school
education as determined under applicable State
law, except that such term does not include any
education provided beyond grade 12.
‘‘(18) GIFTED
AND
TALENTED.—The term
‘gifted and talented’, when used with respect to stu-
dents, children or youth, means students, children or
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youth who give evidence of high performance capa-
bility in areas such as intellectual, creative, artistic,
or leadership capacity, or in specific academic fields,
and who require services or activities not ordinarily
provided by the school in order to fully develop such
capabilities.
‘‘(19) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the
meaning given that term in section 101 of the High-
er Education Act of 1965.
‘‘(20) LOCAL EDUCATIONAL AGENCY.—(A) The
term ‘local educational agency’ means a public board
of education or other public authority legally con-
stituted within a State for either administrative con-
trol or direction of, or to perform a service function
for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of
school districts or counties as are recognized in a
State as an administrative agency for its public ele-
mentary or secondary schools.
‘‘(B) The term includes any other public insti-
tution or agency having administrative control and
direction of a public elementary or secondary school.
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‘‘(C) The term includes an elementary or sec-
ondary school funded by the Bureau of Indian Af-
fairs but only to the extent that such inclusion
makes such school eligible for programs for which
specific eligibility is not provided to such school in
another provision of law and such school does not
have a student population that is smaller than the
student population of the local educational agency
receiving assistance under this Act with the smallest
student population, except that such school shall not
be subject to the jurisdiction of any State edu-
cational agency other than the Bureau of Indian Af-
fairs.
‘‘(21) MENTORING.—The term ‘mentoring’
means a program in which an adult works with a
child or youth on a 1-to-1 basis, establishing a sup-
portive relationship, providing academic assistance,
and introducing the child or youth to new experi-
ences that enhance the child or youth’s ability to
excel in school and become a responsible citizen.
‘‘(22) OTHER STAFF.—The term ‘other staff’
means pupil services personnel, librarians, career
guidance and counseling personnel, education aides,
and other instructional and administrative per-
sonnel.
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‘‘(23) OUTLYING
AREA.—The term ‘outlying
area’ means the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
‘‘(24) PARENT.—The term ‘parent’ includes a
legal guardian or other person standing in loco
parentis.
‘‘(25) PUBLIC TELECOMMUNICATION ENTITY.—
The term ‘public telecommunication entity’ has the
same meaning given to such term in section 397(12)
of the Communications Act of 1934.
‘‘(26) PUPIL
SERVICES
PERSONNEL; 
PUPIL
SERVICES.—(A) The term ‘pupil services personnel’
means school counselors, school social workers,
school psychologists, and other qualified professional
personnel involved in providing assessment, diag-
nosis, counseling, educational, therapeutic, and other
necessary services (including related services as such
term is defined in section 602(22) of the Individuals
with Disabilities Education Act) as part of a com-
prehensive program to meet student needs.
‘‘(B) The term ‘pupil services’ means the serv-
ices provided by pupil services personnel.
‘‘(27) SCIENTIFICALLY
BASED
RESEARCH.—
The term ‘scientifically based research’—
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‘‘(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to education activities
and programs; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or ex-
periment;
‘‘(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.
‘‘(28) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or
residential school, including a public secondary char-
ter school, that provides secondary education, as de-
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termined under State law, except that such term
does not include any education beyond grade 12.
‘‘(29) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of Education.
‘‘(30) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the outlying
areas.
‘‘(31) STATE
EDUCATIONAL
AGENCY.—The
term ‘State educational agency’ means the agency
primarily responsible for the State supervision of
public elementary and secondary schools.
‘‘(32) TECHNOLOGY.—The term ‘technology’
means the latest state-of-the-art technology products
and services.
‘‘SEC. 14102. APPLICABILITY OF THIS TITLE.
‘‘Parts B, C, D, E, and F of this title do not apply
to title VIII of this Act.
‘‘SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AF-
FAIRS OPERATED SCHOOLS.
‘‘For purposes of any competitive program under this
Act, a consortia of schools operated by the Bureau of In-
dian Affairs, a school operated under a contract or grant
with the Bureau of Indian Affairs in consortia with an-
other contract or grant school or tribal or community or-
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ganization, or a Bureau of Indian Affairs school in con-
sortia with an institution of higher education, a contract
or grant school and tribal or community organization shall
be given the same consideration as a local educational
agency.
‘‘PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
‘‘SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE
FUNDS FOR ELEMENTARY AND SECONDARY
EDUCATION PROGRAMS.
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
may consolidate the amounts specifically made avail-
able to such agency for State administration under
one or more of the programs under paragraph (2)
if such State educational agency can demonstrate
that the majority of such agency’s resources are de-
rived from non-Federal sources.
‘‘(2) APPLICABILITY.—This section applies to
any program under this Act under which funds are
authorized to be used for administration, and such
other programs as the Secretary may designate.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
shall use the amount available under this section for
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the administration of the programs included in the
consolidation under subsection (a).
‘‘(2) ADDITIONAL USES.—A State educational
agency may also use funds available under this sec-
tion for administrative activities designed to enhance
the effective and coordinated use of funds under pro-
grams included in the consolidation under subsection
(a), such as—
‘‘(A) the coordination of such programs
with other Federal and non-Federal programs;
‘‘(B) the establishment and operation of
peer-review mechanisms under this Act;
‘‘(C) the administration of this title;
‘‘(D) the dissemination of information re-
garding model programs and practices;
‘‘(E) technical assistance under any pro-
gram under this Act;
‘‘(F) State level activities designed to carry
out this title;
‘‘(G) training personnel engaged in audit
and other monitoring activities; and
‘‘(H) implementation of the Cooperative
Audit Resolution and Oversight Initiative of the
Department of Education.
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‘‘(c) RECORDS.—A State educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administra-
tion of programs included in the consolidation under sub-
section (a).
‘‘(d) REVIEW.—To determine the effectiveness of
State administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under
this section and take such steps as the Secretary finds
appropriate to ensure the effectiveness of such administra-
tion.
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State
educational agency does not use all of the funds available
to such agency under this section for administration, such
agency may use such funds during the applicable period
of availability as funds available under one or more pro-
grams included in the consolidation under subsection (a).
‘‘SEC. 
14202. 
SINGLE 
LOCAL 
EDUCATIONAL 
AGENCY
STATES.
‘‘A State educational agency that also serves as a
local educational agency, in such agency’s applications or
plans under this Act, shall describe how such agency will
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eliminate duplication in the conduct of administrative
functions.
‘‘SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL AD-
MINISTRATION.
‘‘(a) GENERAL AUTHORITY.—In accordance with
regulations of the Secretary and for any fiscal year, a local
educational agency, with the approval of its State edu-
cational agency, may consolidate and use for the adminis-
tration of one or more programs under this Act (or such
other programs as the Secretary shall designate) not more
than the percentage, established in each such program, of
the total available for the local educational agency under
such programs.
‘‘(b) STATE PROCEDURES.—Within one-year from
the date of enactment of the Education OPTIONS Act,
a State educational agency shall, in collaboration with
local educational agencies in the State, establish proce-
dures for responding to requests from local educational
agencies to consolidate administrative funds under sub-
section (a) and for establishing limitations on the amount
of funds under such programs that may be used for ad-
ministration on a consolidated basis.
‘‘(c) CONDITIONS.—A local educational agency that
consolidates administrative funds under this section for
any fiscal year shall not use any other funds under the
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programs included in the consolidation for administration
for that fiscal year.
‘‘(d) USES
OF ADMINISTRATIVE FUNDS.—A local
educational agency that consolidates administrative funds
under this section may use such consolidated funds for
the administration of such programs and for uses, at the
school district and school levels, comparable to those de-
scribed in section 14201(b)(2).
‘‘(e) RECORDS.—A local educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual pro-
gram, to account for costs relating to the administration
of such programs included in the consolidation.
‘‘SEC. 14205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT
OF THE INTERIOR FUNDS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) TRANSFER.—The Secretary shall transfer
to the Department of the Interior, as a consolidated
amount for covered programs, the Indian education
programs under part A of title IX of this Act, and
the education for homeless children and youth pro-
gram under subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act, the amounts al-
lotted to the Department of the Interior under those
programs.
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‘‘(2) AGREEMENT.—(A) The Secretary and the
Secretary of the Interior shall enter into an agree-
ment, consistent with the requirements of the pro-
grams specified in paragraph (1), for the distribu-
tion and use of those program funds under terms
that the Secretary determines best meet the pur-
poses of those programs.
‘‘(B) The agreement shall—
‘‘(i) set forth the plans of the Secretary of
the Interior for the use of the amount trans-
ferred and the performance measures to assess
program effectiveness, including measurable
goals and objectives; and
‘‘(ii) be developed in consultation with In-
dian tribes.
‘‘(b) ADMINISTRATION.—The Department of the In-
terior may use not more than 1.5 percent of the funds
consolidated under this section for such department’s
costs related to the administration of the funds trans-
ferred under this section.
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‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL PLANS AND
APPLICATIONS
‘‘SEC. 14301. PURPOSE.
‘‘The purposes of this part are to improve teaching
and learning through greater coordination between pro-
grams and to provide greater flexibility to State and local
authorities by allowing the consolidation of State and local
plans, applications, and reporting.
‘‘SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR
APPLICATIONS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) SIMPLIFICATION.—In order to simplify ap-
plication requirements and reduce the burden for
State educational agencies under this Act, the Sec-
retary, in accordance with subsection (b), shall es-
tablish procedures and criteria under which a State
educational agency may submit a consolidated State
plan or a consolidated State application meeting the
requirements of this section for—
‘‘(A) any programs under this Act in which
the State participates; and
‘‘(B) such other programs as the Secretary
may designate.
‘‘(2) 
CONSOLIDATED
APPLICATIONS
AND
PLANS.—A State educational agency that submits a
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consolidated State plan or a consolidated State ap-
plication under this section shall not be required to
submit a separate State plan or application for a
program included in the consolidated State plan or
application.
‘‘(b) COLLABORATION.—
‘‘(1) IN GENERAL.—In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local edu-
cational agencies, public and private nonprofit agen-
cies, organizations, and institutions, private schools,
and representatives of parents, students, and teach-
ers.
‘‘(2) CONTENTS.—Through the collaborative
process described in subsection (b)(1) of this section,
the Secretary shall establish, for each program
under the Act to which this section applies, the de-
scriptions, information, assurances, and other mate-
rial required to be included in a consolidated State
plan or consolidated State application.
‘‘(3) NECESSARY
MATERIALS.—The Secretary
shall require only descriptions, information, assur-
ances, and other materials that are absolutely nec-
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essary for the consideration of the consolidated State
plan or consolidated State application.
‘‘SEC. 14303. CONSOLIDATED REPORTING.
‘‘In order to simplify reporting requirements and re-
duce reporting burdens, the Secretary shall establish pro-
cedures and criteria under which a State educational agen-
cy may submit a consolidated State annual report. Such
report shall contain information about the programs in-
cluded in the report, including the State’s performance
under those programs, and other matters as the Secretary
determines, such as monitoring activities. Such a report
shall take the place of separate individual annual reports
for the programs subject to it.
‘‘SEC. 14304. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES.
‘‘(a) ASSURANCES.—A State educational agency that
submits a consolidated State plan or consolidated State
application under this Act, whether separately or under
section 14302, shall have on file with the Secretary a sin-
gle set of assurances, applicable to each program for which
such plan or application is submitted, that provides that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
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‘‘(4) the State will cooperate in carrying out
any evaluation of each such program conducted by
or for the Secretary or other Federal officials;
‘‘(5) the State will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement 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 pro-
gram; 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
reasonable opportunity for public comment on the
plan or application and has considered such com-
ment.
‘‘(b) GEPA PROVISION.—Section 441 of the General
Education Provisions Act shall not apply to programs
under this Act.
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‘‘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 educational agency under such programs on a con-
solidated basis.
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State educational agency that has submitted
and had approved a consolidated State plan or application
under section 14302 may require local educational agen-
cies in the State receiving funds under more than one pro-
gram included in the consolidated State plan or consoli-
dated State application to submit consolidated local plans
or applications under such programs.
‘‘(c) COLLABORATION.—A State educational agency
shall collaborate with local educational agencies in the
State in establishing procedures for the submission of the
consolidated State plans or consolidated State applications
under this section.
‘‘(d) NECESSARY
MATERIALS.—The State edu-
cational agency shall require only descriptions, informa-
tion, assurances, and other material that are absolutely
necessary for the consideration of the local educational
agency plan or application.
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‘‘SEC. 14306. OTHER GENERAL ASSURANCES.
‘‘(a) ASSURANCES.—Any applicant other than a
State educational agency that submits a plan or applica-
tion under this Act, shall have on file with the State edu-
cational agency a single set of assurances, applicable to
each program for which a plan or application is submitted,
that provides that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
‘‘(2)(A) the control of funds provided under
each such program and title to property acquired
with program funds will be in a public agency or in
a nonprofit private agency, institution, organization,
or Indian tribe, if the law authorizing the program
provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private
agency, institution, or organization, or Indian
tribe will administer such funds and property to
the extent required by the authorizing statutes;
‘‘(3) the applicant will adopt and use proper
methods of administering each such program,
including—
‘‘(A) the enforcement of any obligations
imposed by law on agencies, institutions, orga-
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nizations, and other recipients responsible for
carrying out each program; and
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation;
‘‘(4) the applicant will cooperate in carrying out
any evaluation of each such program conducted by
or for the State educational agency, the Secretary or
other Federal officials;
‘‘(5) the applicant will use such fiscal control
and fund accounting procedures as will ensure prop-
er disbursement of, and accounting for, Federal
funds paid to such applicant under each such pro-
gram;
‘‘(6) the applicant will—
‘‘(A) make reports to the State educational
agency and the Secretary as may be necessary
to enable such agency and the Secretary to per-
form their duties under each such program; and
‘‘(B) maintain such records, provide such
information, and afford access to the records as
the State educational agency or the Secretary
may find necessary to carry out the State edu-
cational agency’s or the Secretary’s duties; and
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‘‘(7) before the application was submitted, the
applicant afforded a reasonable opportunity for pub-
lic comment on the application and has considered
such comment.
‘‘(b) GEPA PROVISION.—Section 442 of the General
Education Provisions Act does not apply to programs
under this Act.
‘‘PART D—WAIVERS
‘‘SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c), the Secretary may waive any statutory or regulatory
requirement of this Act or the Carl D. Perkins Vocational
and Technical Education Act of 1998 for a State edu-
cational agency, local educational agency, Indian tribe, or
school through a local educational agency, that—
‘‘(1) receives funds under a program authorized
by this Act; and
‘‘(2) requests a waiver under subsection (b).
‘‘(b) REQUEST FOR WAIVER.—
‘‘(1) IN GENERAL.—A State educational agen-
cy, local educational agency, or Indian tribe which
desires a waiver shall submit a waiver application to
the Secretary that—
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‘‘(A) indicates each Federal program af-
fected and each statutory or regulatory require-
ment requested to be waived;
‘‘(B) describes the purpose and overall ex-
pected results of waiving each such require-
ment;
‘‘(C) describes, for each school year, spe-
cific, measurable, educational goals for the
State educational agency and for each local
educational agency, Indian tribe, or school that
would be affected by the wavier;
‘‘(D) explains why the waiver will assist
the State educational agency and each affected
local educational agency, Indian tribe, or school
in reaching such goals.
‘‘(2) 
ADDITIONAL
INFORMATION.—Such
requests—
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies,
local educational agencies, Indian tribes, and
schools; and
‘‘(B) shall be developed and submitted—
‘‘(i)(I) by local educational agencies
(on behalf of such agencies and schools) to
State educational agencies; and
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‘‘(II) by State educational agencies
(on behalf of, and based upon the requests
of, local educational agencies) to the Sec-
retary; or
‘‘(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the Sec-
retary.
‘‘(3) GENERAL REQUIREMENTS.—
‘‘(A) In the case of a waiver request sub-
mitted by a State educational agency acting in
its own behalf, the State educational agency
shall—
‘‘(i) provide all interested local edu-
cational agencies in the State with notice
and a reasonable opportunity to comment
on the request;
‘‘(ii) submit the comments to the Sec-
retary; and
‘‘(iii) provide notice and information
to the public regarding the waiver request
in the manner that the applying agency
customarily provides similar notices and
information to the public.
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‘‘(B) In the case of a waiver request sub-
mitted by a local educational agency that re-
ceives funds under this Act—
‘‘(i) such request shall be reviewed by
the State educational agency and be ac-
companied by the comments, if any, of
such State educational agency; and
‘‘(ii) notice and information regarding
the waiver request shall be provided to the
public by the agency requesting the waiver
in the manner that such agency custom-
arily provides similar notices and informa-
tion to the public.
‘‘(c) RESTRICTIONS.—The Secretary shall not waive
under this section any statutory or regulatory require-
ments relating to—
‘‘(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
‘‘(2) maintenance of effort;
‘‘(3) comparability of services;
‘‘(4) use of Federal funds to supplement, not
supplant, non-Federal funds;
‘‘(5) equitable participation of private school
students and teachers;
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‘‘(6) parental participation and involvement;
‘‘(7) applicable civil rights requirements;
‘‘(8) the requirement for a charter school under
part C of title X; or
‘‘(9) the prohibitions regarding—
‘‘(A) State aid in section 14502;
‘‘(B) use of funds for religious worship or
instruction in section 14507; and
‘‘(C) activities in section 14513.
‘‘(d) DURATION AND EXTENSION OF WAIVER.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the duration of a waiver approved by the
Secretary under this section may be for a period not
to exceed 5 years.
‘‘(2) EXTENSION.—The Secretary may extend
the period described in paragraph (1) if the Sec-
retary determines that—
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipients to carry
out the activities for which the waiver was re-
quested and the waiver has contributed to im-
proved student performance; and
‘‘(B) such extension is in the public inter-
est.
‘‘(e) REPORTS.—
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‘‘(1) LOCAL WAIVER.—A local educational agen-
cy that receives a waiver under this section shall at
the end of the second year for which a waiver is re-
ceived under this section, and each subsequent year,
submit a report to the State educational agency
that—
‘‘(A) describes the uses of such waiver by
such agency or by schools;
‘‘(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers are
requested; and
‘‘(A) evaluates the progress of such agency
and of schools in improving the quality of in-
struction or the academic performance of stu-
dents.
‘‘(2) STATE
WAIVER.—A State educational
agency that receives reports required under para-
graph (1) shall annually submit a report to the Sec-
retary that is based on such reports and contains
such information as the Secretary may require.
‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe
that receives a waiver under this section shall annu-
ally submit a report to the Secretary that—
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‘‘(A) describes the uses of such waiver by
schools operated by such tribe; and
‘‘(B) evaluates the progress of such schools
in improving the quality of instruction or the
academic performance of students.
‘‘(4) REPORT TO CONGRESS.—Beginning in fis-
cal year 2001 and each subsequent year, the Sec-
retary shall submit to the Committee on Education
and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor
and Pensions of the Senate a report—
‘‘(A) summarizing the uses of waivers by
State educational agencies, local educational
agencies, Indian tribes, and schools; and
‘‘(B) describing whether such waivers—
‘‘(i) increased the quality of instruc-
tion to students; or
‘‘(ii) improved the academic perform-
ance of students.
‘‘(f) TERMINATION
OF WAIVERS.—The Secretary
shall terminate a waiver under this section if the Secretary
determines, after notice and an opportunity for a hearing,
that the performance of the State or other recipient af-
fected by the waiver has been inadequate to justify a con-
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tinuation of the waiver or if the waiver is no longer nec-
essary to achieve its original purposes.
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be
published in the Federal Register and the Secretary shall
provide for the dissemination of such notice to State edu-
cational agencies, interested parties, including educators,
parents, students, advocacy and civil rights organizations,
and the public.
‘‘PART E—UNIFORM PROVISIONS
‘‘SEC. 14501. MAINTENANCE OF EFFORT.
‘‘(a) IN GENERAL.—A local educational agency may
receive funds under a covered program for any fiscal year
only if the State educational agency finds that either the
combined fiscal effort per student or the aggregate ex-
penditures of such agency and the State with respect to
the provision of free public education by such agency for
the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for
the second preceding fiscal year.
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
‘‘(1) IN
GENERAL.—The State educational
agency shall reduce the amount of the allocation of
funds under a covered program in any fiscal year in
the exact proportion to which a local educational
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agency fails to meet the requirement of subsection
(a) of this section by falling below 90 percent of
both the combined fiscal effort per student and ag-
gregate expenditures (using the measure most favor-
able to such local agency).
‘‘(2) SPECIAL RULE.—No such lesser amount
shall be used for computing the effort required
under subsection (a) of this section for subsequent
years.
‘‘(c) WAIVER.—The Secretary may waive the require-
ments of this section if the Secretary determines that such
a waiver would be equitable due to—
‘‘(1) exceptional or uncontrollable circumstances
such as a natural disaster; or
‘‘(2) a precipitous decline in the financial re-
sources of the local educational agency.
‘‘SEC. 14502. PROHIBITION REGARDING STATE AID.
‘‘A State shall not take into consideration payments
under this Act (other than under title VIII) in determining
the eligibility of any local educational agency in such State
for State aid, or the amount of State aid, with respect
to free public education of children.
‘‘SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘(a) PRIVATE SCHOOL PARTICIPATION.—
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‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this Act, to the extent consistent with the
number of eligible children in areas served by a
State educational agency, local educational agency,
educational service agency, consortium of such agen-
cies, or another entity receiving financial assistance
under a program specified in subsection (b), who are
enrolled in private elementary and secondary schools
in areas served by such agency, consortium or entity,
such agency, consortium or entity shall, after timely
and meaningful consultation with appropriate pri-
vate school officials, provide such children and their
teachers or other educational personnel, on an equi-
table basis, special educational services or other ben-
efits that address their needs under such program.
‘‘(2) SECULAR, NEUTRAL, AND
NONIDEOLOG-
ICAL SERVICES OR BENEFITS.—Educational services
or other benefits, including materials and equipment,
provided under this section, shall be secular, neutral,
and nonideological.
‘‘(3) SPECIAL RULE.—Educational services and
other benefits provided under this section for such
private school children, teachers, and other edu-
cational personnel shall be equitable in comparison
to services and other benefits for public school chil-
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dren, teachers, and other educational personnel par-
ticipating in such program and shall be provided in
a timely manner.
‘‘(4) EXPENDITURES.—Expenditures for edu-
cational services and other benefits provided under
this section to eligible private school children, their
teachers, and other educational personnel serving
such children shall be equal, taking into account the
number and educational needs of the children to be
served, to the expenditures for participating public
school children.
‘‘(5) PROVISION OF SERVICES.—Such agency,
consortium or entity described in subsection (a)(1)
of this section may provide such services directly or
through contracts with public and private agencies,
organizations, and institutions.
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section applies to pro-
grams under—
‘‘(A) part C of title I;
‘‘(B) title II;
‘‘(C) title III;
‘‘(D) title IV; and
‘‘(E) title VII.
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‘‘(2) DEFINITION.—For the purposes of this
section, the term ‘eligible children’ means children
eligible for services under a program described in
paragraph (1).
‘‘(c) CONSULTATION.—
‘‘(1) IN
GENERAL.—To ensure timely and
meaningful consultation, a State educational agency,
local educational agency, educational service agency,
consortium of such agencies or entity shall consult
with appropriate private school officials during the
design and development of the programs under this
Act, on issues such as—
‘‘(A) how the children’s needs will be iden-
tified;
‘‘(B) what services will be offered;
‘‘(C) how, where, and by whom the services
will be provided;
‘‘(D) how the services will be assessed and
how the results of the assessment will be used
to improve such services;
‘‘(E) the size and scope of the equitable
services to be provided to the eligible private
school children, teachers, and other educational
personnel and the amount of funds available for
such services; and
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‘‘(F) how and when the agency, consor-
tium, or entity will make decisions about the
delivery of services, including a thorough con-
sideration and analysis of the views of the pri-
vate school officials on the provision of contract
services through potential third party providers.
‘‘(2) DISAGREEMENT.—If the agency, consor-
tium or entity disagrees with the views of the private
school officials on the provision of services through
a contract, the agency, consortium, or entity shall
provide in writing to such private school officials an
analysis of the reasons why the local educational
agency has chosen not to use a contractor.
‘‘(3) TIMING.—Such consultation shall occur
before the agency, consortium, or entity makes any
decision that affects the opportunities of eligible pri-
vate school children, teachers, and other educational
personnel to participate in programs under this Act,
and shall continue throughout the implementation
and assessment of activities under this section.
‘‘(4) DISCUSSION
REQUIRED.—Such consulta-
tion shall include a discussion of service delivery
mechanisms that the agency, consortium, or entity
could use to provide equitable services to eligible pri-