I
103D CONGRESS
1ST SESSION
H. R. 1804
To improve learning and teaching by providing a national framework for
education reform; to promote the research, consensus building, and sys-
temic changes needed to ensure equitable educational opportunities and
high levels of educational achievement for all American students; to
provide a framework for reauthorization of all Federal education pro-
grams; to promote the development and adoption of a voluntary national
system of skill standards and certifications; and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 22, 1993
Mr. KILDEE (for himself, Mr. FORD of Michigan, Mr. SAWYER, Mr. OWENS,
Mrs. UNSOELD, Mr. ROEMER, Mr. ENGEL, Mr. GREEN, Ms. WOOLSEY,
Mr. STRICKLAND, Mr. PAYNE of New Jersey, Mr. ROMERO-BARCELO´,
Mr. MURPHY, Mr. MARTINEZ, Mr. BAESLER, and Mr. CLYBURN) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor
A BILL
To improve learning and teaching by providing a national
framework for education reform; to promote the research,
consensus building, and systemic changes needed to en-
sure equitable educational opportunities and high levels
of educational achievement for all American students;
to provide a framework for reauthorization of all Federal
education programs; to promote the development and
adoption of a voluntary national system of skill standards
and certifications; and for other purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That this Act may be cited as the ‘‘Goals 2000: Educate
America Act’’.
PURPOSE; DEFINITION
SEC. 2. (a) PURPOSE.—It is the purpose of this Act
to provide a framework for meeting the National Edu-
cation Goals established by title I of this Act by—
(1) promoting coherent, nationwide, systemic
education reform;
(2) improving the quality of learning and teach-
ing in the classroom;
(3) defining appropriate and coherent Federal,
State, and local roles and responsibilities for edu-
cation reform;
(4) establishing valid, reliable, and fair mecha-
nisms for—
(A) building a broad national consensus on
American education reform;
(B) assisting in the development and cer-
tification of high-quality, internationally com-
petitive content and student performance stand-
ards;
(C) assisting in the development and cer-
tification of opportunity-to-learn standards; and
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(D) assisting in the development and cer-
tification of high-quality assessment measures
that reflect the internationally competitive con-
tent and student performance standards;
(5) supporting new initiatives at the Federal,
State, local, and school levels to provide equal edu-
cational opportunity for all students to meet high
standards;
(6) providing a framework for the reauthoriza-
tion of all Federal education programs by—
(A) creating a vision of excellence and eq-
uity that will guide all Federal education and
related programs;
(B) providing for the establishment of
high-quality, internationally competitive content
and student performance standards that all stu-
dents, including disadvantaged students, stu-
dents with diverse racial, ethnic, and cultural
backgrounds, students with disabilities, stu-
dents with limited English proficiency, and aca-
demically talented students, will be expected to
achieve;
(C) providing for the establishment of high
quality, internationally competitive opportunity-
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to-learn standards that all States, local edu-
cational agencies, and schools should achieve;
(D) encouraging and enabling all State
educational agencies and local educational agen-
cies to develop comprehensive improvement
plans that will provide a coherent framework
for the implementation of reauthorized Federal
education and related programs in an inte-
grated fashion that effectively educates all chil-
dren; and
(E) providing resources to help individual
schools, including those serving students with
high needs, develop and implement comprehen-
sive improvement plans; and
(7) stimulating the development and adoption
of a voluntary national system of skill standards and
certification to serve as a cornerstone of the national
strategy to enhance workforce skills.
(b) DEFINITION.—As used in this Act, the term ‘‘all
students’’ means students from the broad range of back-
grounds and circumstances, including disadvantaged stu-
dents, students with diverse racial, ethnic, and cultural
backgrounds, students with disabilities, students with lim-
ited English proficiency, and academically talented stu-
dents.
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TITLE I—NATIONAL EDUCATION GOALS
PURPOSE
SEC. 101. It is the purpose of this title to establish
national education goals.
NATIONAL EDUCATION GOALS
SEC. 102. The Congress declares the national edu-
cation goals are that—
(1)(A) SCHOOL
READINESS.—By the year
2000, all children in America will start school ready
to learn.
(B) The objectives for this goal are that—
(i) all disadvantaged and disabled children
will have access to high-quality and developmen-
tally appropriate preschool programs that help
prepare children for school;
(ii) every parent in America will be a
child’s first teacher and devote time each day to
helping his or her preschool child learn, and
parents will have access to the training and
support they need; and
(iii) children will receive the nutrition and
health care needed to arrive at school with
healthy minds and bodies, and the number of
low-birthweight babies will be significantly re-
duced through enhanced prenatal health sys-
tems.
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NATIONAL EDUCATION GOALS PANEL
SEC. 202. (a) ESTABLISHMENT.—There is estab-
lished in the executive branch a National Education Goals
Panel (hereafter referred to as the ‘‘Goals Panel’’).
(b) COMPOSITION.—The Goals Panel shall be com-
posed of eighteen members (hereafter referred to in this
part as ‘‘members’’), including—
(1) two members appointed by the President;
(2) eight members who are Governors, three of
whom shall be from the same political party as the
President and five of whom shall be of the opposite
political party of the President, appointed by the
Chairperson and Vice Chairperson of the National
Governors’ Association, with each appointing rep-
resentatives of his or her respective political party,
in consultation with each other;
(3) four Members of Congress appointed as fol-
lows—
(A) one member appointed by the majority
leader of the Senate from among the Members
of the Senate;
(B) one member appointed by the minority
leader of the Senate from among the Members
of the Senate;
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(C) one member appointed by the majority
leader of the House of Representatives from
among the Members of the House of Represent-
atives; and
(D) one member appointed by the minority
leader of the House of Representatives from
among the Members of the House of Represent-
atives; and
(4) four members of State legislatures ap-
pointed by the President of the National Conference
of State Legislatures, of whom not more than two
may be of the same political party as the President
of the United States.
(c) SPECIAL APPOINTMENT RULES.—(1) The mem-
bers appointed pursuant to subsection (b)(2) shall be ap-
pointed as follows:
(A) If the Chairperson of the National Gov-
ernors’ Association is from the same political party
as the President, the Chairperson shall appoint three
individuals and the Vice Chairperson shall appoint
five individuals.
(B) If the Chairperson of the National Gov-
ernors’ Association is from the opposite political
party as the President, the Chairperson shall ap-
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point five individuals and the Vice Chairperson shall
appoint three individuals.
(2) If the National Governors’ Association has ap-
pointed a panel that meets the requirements of subsections
(b) and (c), except for the requirements of subsection
(b)(4), prior to the date of enactment of this title, then
the members serving on such panel shall be deemed to be
in compliance with subsections (b) and (c) and shall not
be required to be reappointed pursuant to subsections (b)
and (c).
(d) TERMS.—The terms of service of members shall
be as follows—
(1) Members appointed under subsection (b)(1)
shall serve at the pleasure of the President.
(2) Members appointed under subsection (b)(2)
shall serve a two-year term, except that the initial
appointments under such paragraph shall be made
to ensure staggered terms with one-half of such
members’ terms concluding every two years.
(3) Members appointed under subsection (b) (3)
and (4) shall serve a term of two years.
(e) DATE OF APPOINTMENT.—The initial members
shall be appointed not later than sixty days after the date
of enactment of this Act.
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(f) INITIATION.—The Goals Panel may begin to carry
out its duties under this part when ten members of the
Goals Panel have been appointed.
(g) VACANCIES.—A vacancy on the Goals Panel shall
not affect the powers of the Goals Panel, but shall be filled
in the same manner as the original appointment.
(h) TRAVEL.—Each member may be allowed travel
expenses, including per diem in lieu of subsistence, as au-
thorized by section 5703 of title 5, United States Code,
for each day the member is engaged in the performance
of duties away from the home or regular place of business
of the member.
(i) CHAIR.—The members of the Goals Panel shall
select a Chair from among the Governors who are mem-
bers. The Chair shall serve a one-year term and shall al-
ternate between political parties.
DUTIES
SEC. 203. (a) DUTIES.—The Goals Panel shall—
(1) report on the progress the Nation and the
States are making toward achieving the national
education goals established under title I of this Act,
including issuing an annual national report card;
(2) submit to the President nominations for ap-
pointment to the National Education Standards and
Improvement Council, in accordance with sections
212(b) and (c);
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(3) review and approve (or explain why ap-
proval is withheld) the—
(A) criteria developed by the National
Education Standards and Improvement Council
for the certification of content and student per-
formance standards, assessments, and oppor-
tunity-to-learn standards; and
(B) voluntary national content and student
performance standards and opportunity-to-learn
standards certified by the National Education
Standards and Improvement Council;
(4) report on promising or effective actions
being taken at the national, State, and local levels,
in the public and private sectors, to achieve the na-
tional education goals; and
(5) help build a nationwide, bipartisan consen-
sus for the reforms necessary to achieve the national
education goals.
(b) NATIONAL REPORT CARD.—(1) The Goals Panel
shall annually prepare and submit to the President, the
Secretary, the appropriate committees of Congress, and
the Governor of each State a national report card that
shall—
(A) report on the progress of the United States
toward achieving the national education goals; and
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DUTIES
SEC. 213. (a) VOLUNTARY NATIONAL CONTENT
STANDARDS.—(1) The Council shall—
(A) identify areas in which voluntary national
content standards need to be developed;
(B) certify voluntary national content and stu-
dent performance standards that define what Amer-
ican students should know and be able to do; and
(C) forward such voluntary national content
and student performance standards to the Goals
Panel for approval.
(2)(A) The Council shall—
(i) identify and develop criteria to be used for
certifying the voluntary national content and student
performance standards; and
(ii) before applying such criteria, forward them
to the Goals Panel for approval.
(B) The criteria developed by the Council shall ad-
dress—
(i) the extent to which the proposed standards
are internationally competitive and comparable to
the best in the world;
(ii) the extent to which the proposed content
and student performance standards reflect the best
available knowledge about how all students learn and
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about how the content area can be most effectively
taught;
(iii) the extent to which the proposed content
and student performance standards have been devel-
oped through an open and public process that pro-
vides for input and involvement of all relevant par-
ties, including teachers and other professional edu-
cators, employers and postsecondary education insti-
tutions, curriculum and subject matter specialists,
and the public; and
(iv) other factors that the Council deems appro-
priate.
(C) In developing the criteria, the Council shall work
with entities that are developing, or have already devel-
oped, content standards, and any other entities that the
Council deems appropriate, to identify appropriate certifi-
cation criteria.
(b) VOLUNTARY STATE CONTENT STANDARDS.—The
Council may certify content and student performance
standards presented on a voluntary basis by States, if such
standards are comparable in rigor and quality to the vol-
untary national content and student performance stand-
ards certified by the Council.
(c) VOLUNTARY NATIONAL OPPORTUNITY-TO-LEARN
STANDARDS.—(1) The Council shall certify exemplary,
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voluntary national opportunity-to-learn standards that will
establish a basis for providing all students a fair oppor-
tunity to achieve the knowledge and skills set out in the
voluntary national content standards certified by the
Council.
(2) The voluntary national opportunity-to-learn
standards shall be sufficiently general to be used by any
State without unduly restricting State and local preroga-
tives regarding instructional methods to be employed.
(3) The voluntary national opportunity-to-learn
standards certified by the Council shall address—
(A) the quality and availability of curricula, in-
structional materials, and technologies;
(B) the capability of teachers to provide high-
quality instruction in each content area;
(C) the extent to which teachers and adminis-
trators have ready and continuing access to profes-
sional development, including the best knowledge
about teaching, learning, and school improvement;
(D) the extent to which curriculum, instruc-
tional practices, and assessments are aligned to con-
tent standards; and
(E) other factors that the Council deems appro-
priate to ensure that every student receives a fair
opportunity to achieve the knowledge and skills de-
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scribed in the voluntary content and student per-
formance standards certified by the Council.
(4) In carrying out this subsection, the Council
shall—
(A) identify what countries with rigorous con-
tent standards do to—
(i) provide their children with opportunities
to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional devel-
opment opportunities for their teachers; and
(B) develop criteria to be used for certifying the
voluntary national opportunity-to-learn standards
and, before applying such criteria, forward them to
the Goals Panel for approval.
(5) The Council shall assist in the development of the
voluntary national opportunity-to-learn standards by—
(A) making recommendations to the Secretary
regarding priorities and selection criteria for the
award made under section 218; and
(B) coordinating with the consortium receiving
an award under section 218 to ensure that the op-
portunity-to-learn standards the consortium develops
are of high quality and are consistent with the cri-
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teria developed by the Council for the certification of
such standards.
(6) The Council shall forward the voluntary national
opportunity-to-learn standards it certifies to the Goals
Panel for approval.
(d) VOLUNTARY
STATE
OPPORTUNITY-TO-LEARN
STANDARDS.—The Council may certify opportunity-to-
learn standards presented on a voluntary basis by a State,
if they are consistent with the voluntary national oppor-
tunity-to-learn standards.
(e) ASSESSMENTS.—(1)(A) The Council shall certify
a system of assessments that is presented on a voluntary
basis by a State if such system is aligned with the State’s
content standards certified by the Council.
(B) Systems of assessments shall be certified by the
Council for the purpose of—
(i) exemplifying for students, parents, and
teachers the kinds and levels of achievement that
should be expected, including the identification of
student performance standards;
(ii) improving classroom instruction and im-
proving the learning outcomes for all students;
(iii) informing students, parents, and teachers
about student progress toward the standards;
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(iv) measuring and motivating individual stu-
dents, schools, districts, States, and the Nation to
improve educational performance; and
(v) assisting education policymakers in making
decisions about education programs.
(C) The Council shall certify a system of assessments
only if it will not be used to make decisions regarding
graduation, grade promotion, or retention of students for
a period of five years from the date of enactment of this
Act.
(2)(A) The Council shall develop and, no sooner than
three years or later than four years after the enactment
of this Act, begin utilizing criteria for the certification of
assessment systems for the purposes indicated in para-
graph (1)(B). Before using such criteria, the Council shall
forward the criteria to the Goals Panel for approval.
(B) The certification criteria developed by the Coun-
cil shall address the extent to which the assessment sys-
tem—
(i) is aligned with State content standards cer-
tified by the Council;
(ii) is to be used for a purpose for which it is
valid, reliable, fair, and free of discrimination; and
(iii) includes all students, especially students
with disabilities or with limited English proficiency.
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views. No individual may vote or exercise any of the pow-
ers of a member by proxy.
(d) PUBLIC ACCESS.—The Council shall ensure pub-
lic access to its proceedings (other than proceedings, or
portions of proceedings, relating to internal personnel and
management matters) and make available to the public,
at reasonable cost, transcripts of such proceedings.
DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS
SEC. 217. (a) DIRECTOR.—The Chairperson of the
Council shall, without regard to the provisions of title 5,
United States Code, relating to the appointment and com-
pensation of officers or employees of the United States,
appoint a Director to be paid at a rate not to exceed the
rate of basic pay payable for level V of the Executive
Schedule.
(b) APPOINTMENT
AND PAY
OF EMPLOYEES.—
(1)(A) The Director may appoint not more than four addi-
tional employees to serve as staff to the Council without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service.
(B) The employees appointed under subparagraph
(A) may be paid without regard to the provisions of chap-
ter 51 and subchapter III of chapter 53 of that title relat-
ing to classification and General Schedule pay rates, but
shall not be paid a rate that exceeds the maximum rate
of basic pay payable for GS–15 of the General Schedule.
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(2) The Director may appoint additional employees
to serve as staff of the Council consistent with title 5,
United States Code.
(c) EXPERTS AND CONSULTANTS.—The Council may
procure temporary and intermittent services under section
3019(b) of title 5, United States Code.
(d) STAFF OF FEDERAL AGENCIES.—Upon the re-
quest of the Council, the head of any department or agen-
cy of the United States may detail any of the personnel
of that department or agency to the Council to assist the
Council in its duties under this part.
OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT
SEC. 218. (a) OPPORTUNITY-TO-LEARN DEVELOP-
MENT GRANT.—(1) The Secretary is authorized to make
a grant, on a competitive basis, to a consortium of individ-
uals and organizations to develop voluntary national op-
portunity-to-learn standards.
(2) To the extent possible, such consortium shall in-
clude the participation of—
(A) Governors (other than Governors serving on
the Goals Panel);
(B) chief State school officers;
(C) teachers (especially teachers involved in the
development of content standards);
(D) principals;
(E) superintendents;
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(F) State and local school board members;
(G) curriculum and school reform experts;
(H) parents;
(I) State legislators;
(J) representatives of businesses;
(K) representatives of higher education;
(L) representatives of regional accrediting asso-
ciations; and
(M) advocacy groups.
(b) APPLICATIONS.—(1) Any consortium that desires
to receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
(2) In establishing priorities and selection criteria for
such grant, the Secretary shall give serious consideration
to the recommendations made by the Council pursuant to
section 213(c)(5)(A).
ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS
SEC. 219. (a) GENERAL.—The Secretary is author-
ized to made grants to States and local educational agen-
cies to help defray the cost of developing, field testing,
and evaluating systems of assessments, to be used for
some or all of the purposes indicated in section
213(e)(1)(B), that are aligned to State content standards
certified by the Council.
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(b) APPLICATIONS.—A State or local educational
agency that desires to receive a grant under this section
shall submit an application to the Secretary at such time,
in such manner, and containing such information and as-
surances as the Secretary may require.
(c) REQUIREMENTS.—(1) A recipient of a grant
under this section shall—
(A) examine the validity, reliability, and fair-
ness of an assessment, or system of assessments, for
the particular purposes for which such assessment
was developed; and
(B) devote special attention to how an assess-
ment, or system of assessments, treats all students,
especially with regard to the race, gender, ethnicity,
and language proficiency of such students.
(2) An assessment, or system of assessments, devel-
oped and evaluated with funds under this section may not
be used for decisions about individual students relating to
program placement, promotion, or retention, graduation,
or employment for a period of five years from the date
of enactment of this Act.
PART C—AUTHORIZATION OF APPROPRIATIONS
AUTHORIZATION OF APPROPRIATIONS
SEC. 221. (a) NATIONAL
EDUCATION
GOALS
PANEL.—There are authorized to be appropriated
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$3,000,000 for fiscal year 1994 and such sums as may
be necessary for each of the four succeeding fiscal years
to carry out part A of this title.
(b) NATIONAL EDUCATION STANDARDS
AND IM-
PROVEMENT COUNCIL.—There are authorized to be ap-
propriated $3,000,000 for fiscal year 1994 and such sums
as may be necessary for each of the four succeeding fiscal
years to carry out part B of this title.
(c) 
OPPORTUNITY-TO-LEARN
DEVELOPMENT
GRANT.—There are authorized to be appropriated
$1,000,000 for fiscal year 1994 and such sums as may
be necessary for fiscal year 1995 to carry out the Oppor-
tunity-to-Learn Development Grant Program established
under section 218 of this title.
(d) ASSESSMENT DEVELOPMENT AND EVALUATION
GRANTS.—There are authorized to be appropriated
$5,000,000 for fiscal year 1994 and such sums as may
be necessary for each of the four succeeding fiscal years
to carry out the Assessment Development and Evaluation
Grants Program established under section 218 of this
title.
TITLE III—STATE AND LOCAL EDUCATION
SYSTEMIC IMPROVEMENT
CONGRESSIONAL FINDINGS
SEC. 301. The Congress finds that—
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(1) all students can learn to high standards and
must realize their potential if the United States is
to prosper;
(2) the reforms in education of the last fifteen
years have achieved some good results, but these ef-
forts often have been limited to a few schools or to
a single part of the educational system;
(3) leadership must come both from teachers,
related services personnel, principals, and parents in
individual schools and from policymakers at the
local, State, tribal, and national levels, in order for
lasting improvements in student performance to
occur;
(4) simultaneous top-down and bottom-up edu-
cation reform is necessary to spur creative and inno-
vative approaches by individual schools to help all
students achieve internationally competitive stand-
ards;
(5) strategies must be developed by commu-
nities and States to support the revitalization of all
local public schools by fundamentally changing the
entire system of public education through com-
prehensive, coherent, and coordinated improvement;
(6) parents, teachers and other local educators,
and business, community, and tribal leaders must be
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involved in developing systemwide improvement
strategies that reflect the needs of their individual
communities;
(7) State and local education improvement ef-
forts must incorporate strategies for providing stu-
dents and families with coordinated access to appro-
priate social services, health care, nutrition, and
child care to remove preventable barriers to learning
and enhance school readiness for all students;
(8) States and local educational agencies, work-
ing together, must immediately set about developing
and implementing such systemwide improvement
strategies if the Nation is to educate all children to
meet their full potential and achieve the national
education goals listed in title I of this Act;
(9) State and local systemic improvement strat-
egies must provide all students with effective mecha-
nisms and appropriate paths to the workforce as well
as to higher education;
(10) business should be encouraged to enter
into partnerships with schools, provide information
and guidance to schools on the needs of area busi-
ness for properly educated graduates in general and
on the need for particular workplace skills that the
schools may provide, provide necessary material and
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support, and continue the lifelong learning process
throughout the employment years of an individual;
(11) the appropriate and innovative use of tech-
nology can be very effective in helping to bring all
students the opportunity to learn and meet high
standards; and
(12) Federal funds should be targeted to sup-
port local and State initiatives, and to leverage State
and local resources for designing and implementing
system-wide improvement plans.
PURPOSE
SEC. 302. It is the purpose of this title to improve
the quality of education for all students by supporting a
long-term, broad-based effort to promote coherent and co-
ordinated improvements in the system of education
throughout the Nation at the local and State levels. This
title provides new authorities and funding for the Nation’s
school systems. It does not replace or reduce funding for
existing Federal education programs. It is the intention
of the Congress that no State or local educational agency
will reduce its funding for education or for education re-
form on account of receiving any funds under this title.
AUTHORIZATION OF APPROPRIATIONS
SEC. 303. For the purpose of carrying out this title,
there are authorized to be appropriated $393,000,000 for
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the fiscal year 1994, and such sums as may be necessary
for each of the fiscal years 1995 through 1998.
ALLOTMENT OF FUNDS
SEC. 304. (a) RESERVATIONS
OF FUNDS.—From
funds appropriated under section 303, the Secretary—
(1) shall reserve a total of one percent to pro-
vide assistance, in amounts determined by the Sec-
retary—
(A) to the outlying areas; and
(B) to the Secretary of the Interior to ben-
efit Indian students in schools operated or
funded by the Bureau of Indian Affairs; and
(2) may reserve a total of up to 6 per centum
for—
(A) national leadership activities under
section 312; and
(B) the costs of peer review of State im-
provement plans and applications under this
title.
(b) STATE ALLOTMENTS.—The Secretary shall allot
the remaining amount appropriated under section 303 for
each fiscal year to the States as follows:
(1) 50 per centum of such remaining amount
shall be allocated in accordance with the relative
amounts such State received under chapter 1 of title
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I of the Elementary and Secondary Education Act
of 1965 for the preceding fiscal year.
(2) 50 per centum of such remaining amount
shall be allocated in accordance with the relative
amounts each such State received under part A of
chapter 2 of title I of the Elementary and Secondary
Education Act of 1965 for the preceding fiscal year.
(c) REALLOTMENTS.—If the Secretary determines
that any amount of a State’s allotment for any fiscal year
under subsection (b) will not be needed for such fiscal year
by the State, the Secretary shall reallot such amount to
other States that need additional funds, in such manner
as the Secretary determines is appropriate.
STATE APPLICATIONS
SEC. 305. (a) GENERAL.—(1) If a State desires to
receive a grant under this title, the State educational
agency shall submit an application to the Secretary at
such time and in such manner as the Secretary may deter-
mine.
(2) In addition to the information described in sub-
sections (b) and (c), each such application shall include—
(A) an assurance that the State educational
agency will cooperate with the Secretary in carrying
out the Secretary’s responsibilities under section
312, and will comply with reasonable requests of the
Secretary for data related to the State’s progress in
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developing and implementing its State improvement
plan under this title;
(B) an assurance that State law provides ade-
quate authority to carry out each component of the
State’s improvement plan developed, or to be devel-
oped under section 306, or that such authority will
be sought; and
(C) such other assurances and information as
the Secretary may require.
(b) FIRST YEAR.—A State’s application for the first
year of assistance under this title shall—
(1) describe the process by which the State will
develop a school improvement plan that meets the
requirements of section 306; and
(2) describe how the State educational agency
will use funds received under this title for such year,
including how the State educational agency will
make subgrants to local educational agencies and for
teacher training.
(c) SUBSEQUENT YEARS.—A State’s second applica-
tion under this title shall—
(1) cover the second through fifth years of its
participation—
(2) include a copy of the State’s improvement
plan that meets the requirements of section 306 or,
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if the State plan is not complete, a statement of the
steps it will take to complete the plan and a schedule
for doing so; and
(3) include an explanation of how the State will
use funds received under this title, including how it
will make subgrants to local educational agencies
and for teacher training under section 308(b)(1).
STATE IMPROVEMENT PLANS
SEC. 306. (a) BASIC SCOPE OF PLAN.—Any
State educational agency that wishes to receive a
grant under this title after its first year of participa-
tion shall develop and implement a plan for the fun-
damental restructuring and improvement of elemen-
tary and secondary education in the State. This plan
must address—
(1) in accordance with subsection (c), the estab-
lishment or adoption of challenging content and stu-
dent performance standards for all students and the
use of curricula, instructional practices, assessments,
technology, and professional preparation and devel-
opment approaches appropriate to help all students
reach those standards;
(2) in accordance with subsection (d), the es-
tablishment or adoption of opportunity-to-learn
standards that will define the conditions of teaching
and learning that provide all students the oppor-
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tunity to meet the challenging content and student
performance standards;
(3) in accordance with subsection (e), needed
changes in the governance and management of the
education system in order to effectively focus schools
on, and assist them in, preparing all students to
meet the challenging State standards;
(4) in accordance with subsection (f), com-
prehensive strategies to involve communities, includ-
ing parents, businesses, libraries, museums, employ-
ment and training agencies, health and human serv-
ice agencies, and other public and private agencies
that provide social services, health care, child care,
and nutrition to students, in helping all students
meet the challenging State standards;
(5) in accordance with subsection (g), strategies
for ensuring that all local educational agencies and
schools within the State are involved in developing
and implementing needed improvements within a
specified period of time; and
(6) in accordance with subsection (h), strategies
for ensuring that comprehensive, systemic reform is
promoted from the bottom up in communities, local
educational agencies, and schools.
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(b) PLAN DEVELOPMENT.—(1) A State improvement
plan under this title must be developed by a broad-based
panel in cooperation with the State educational agency
and the Governor. The panel shall include—
(A) the Governor and the chief State school of-
ficer, or their designees;
(B) the chairman of the State board of edu-
cation and the chairmen of the appropriate authoriz-
ing committees of the State legislature, or their des-
ignees;
(C) teachers, principals, and administrators
who have successfully improved student perform-
ance;
(D) representatives of teachers’ organizations,
parents, business and labor leaders, community-
based organizations, local boards of education, State
and local officials responsible for health, social serv-
ices, and other related services, and others, as ap-
propriate; and
(E) representatives from rural and urban local
educational agencies in the State.
(2) The Governor and the chief State school officer
shall each appoint half the members of the State panel
and shall jointly select the Chairperson of the panel.
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(3) The membership of the panel shall be geographi-
cally representative of the State and reflect the racial and
ethnic diversity of the population of the State.
(4) The panel shall consult the Governor, the chief
State school officer, the State board of education, and rel-
evant committees of the State legislature in developing the
plan.
(5) The panel shall be responsible for conducting a
statewide, grassroots outreach process, including conduct-
ing public hearings, to involve educators, parents, local of-
ficials, community and business leaders, citizens, chil-
dren’s advocates, and others with a stake in the success
of students and their education system, and who are rep-
resentative of the diversity of the State and its student
population, in the development of the State plan and in
a continuing dialog regarding the need for and nature of
challenging standards for students and local and State re-
sponsibilities for helping all students achieve them.
(6) The panel shall develop a continuing process for
interacting with local educational agencies and individual
schools engaged in systemic reform, especially including
those local educational agencies and schools receiving
subgrants under section 309 of this Act, to ensure that
the development and implementation of the State plan re-
flects their needs and experiences.
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(7) The panel shall develop a State plan, provide op-
portunity for public comment, and submit the State plan
to the State educational agency for approval.
(8) The State educational agency shall submit the
State’s plan, together with an explanation of any changes
made by such agency to the plan developed by the panel,
to the Secretary for approval.
(9) If any portion of the State’s plan addresses mat-
ters that, under State or other applicable law, are not
under the authority of the State educational agency, the
State educational agency shall obtain the approval of, or
changes to, such portion, with an explanation therefor,
from the Governor or other official responsible for that
portion before submitting the plan to the Secretary.
(10) After approval of the State plan by the Sec-
retary, the panel, in close consultation with teachers, prin-
cipals, administrators, and parents in local educational
agencies and schools receiving funds under this title, shall
monitor the implementation and effectiveness of the State
plan to determine if revisions and appropriate, and shall
periodically report its findings to the public.
(c) TEACHING, LEARNING, STANDARDS, AND AS-
SESSMENTS.—Each State plan shall establish strategies
for improving teaching and learning, including—
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(1) a process for developing or adopting chal-
lenging content and student performance standards
for all students;
(2) a process for providing assistance and sup-
port to local educational agencies and schools to give
them the capacity and responsibility to provide all of
their students the opportunity to meet challenging
State content and student performance standards;
(3) a process for developing, adopting, or rec-
ommending instructional materials and technology to
support and assist local educational agencies and
schools to provide all of their students the oppor-
tunity to meet the challenging State content and
student performance standards;
(4) a process for developing and implementing
a valid and nondiscriminatory assessment system or
set of locally-based assessment systems that is capa-
ble of providing coherent information about student
attainments relative to the State content standards.
The process shall also provide for monitoring the im-
plementation of such system or systems and the im-
pact on improved instruction for all students;
(5) a process for improving the State’s system
of teacher and school administrator preparation, li-
censure, and continuing professional development so
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that all teachers, related services personnel, and ad-
ministrators develop the subject matter and peda-
gogical expertise needed to prepare all students to
meet the challenging standards under paragraph (1);
(6) a process for providing appropriate and ef-
fective professional development, including the use of
technology, necessary for teachers, school adminis-
trators, and others to help all students meet the
challenging standards under paragraph (1); and
(7) a process to ensure widespread participation
of classroom teachers in developing the portions of
the plan described in this subsection.
(d) OPPORTUNITY-TO-LEARN
STANDARDS.—Each
State plan shall establish a strategy and timetable for—
(1) adopting or establishing opportunity-to-
learn standards;
(2) ensuring that every school in the State
achieves the State’s opportunity-to-learn standards;
(3) ensuring that the State’s opportunity-to-
learn standards address the need of all students; and
(4) periodically reporting to the public on the
extent of the State’s improvement in achieving such
standards and providing all students with a fair op-
portunity to achieve the knowledge and skill levels
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that meet the State’s content and student perform-
ance standards.
(e) GOVERNANCE AND MANAGEMENT.—Each State
plan shall establish strategies for improved governance
and management of its education system, such as—
(1) aligning responsibility, authority, and ac-
countability throughout the education system, so
that decisions regarding content and student per-
formance standards are coordinated and decisions
regarding the means for achieving them are made
closest to the learners;
(2) creating an integrated and coherent ap-
proach to attracting, recruiting, preparing and li-
censing, appraising, rewarding, retaining, and sup-
porting the continued professional development of
teachers, administrators, and other educators, in-
cluding bilingual educators, so that there is a highly
talented workforce of professional educators capable
of preparing all students to reach challenging stand-
ards, with special attention to the recruitment, train-
ing, and retention of qualified minorities into the
education profession within the State to ensure that
it reflects the racial and ethnic diversity of the stu-
dent population;
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(3) providing incentives for high performance,
such as—
(A) working with employers and institu-
tions of higher education to devise strategies to
reward student achievement;
(B) incentives for classroom teachers and
other professional educators to participate in
professional development activities; and
(C) school-based incentives for schools and
local educational agencies to improve student
performance;
(4) increasing the proportion of State and local
funds allocated to direct instructional purposes; and
(5) increasing flexibility for local districts and
schools by, for example—
(A) waiving State regulations and other re-
quirements that impede educational improve-
ment;
(B) focusing accountability on educational
outcomes rather than monitoring compliance
with input requirements; and
(C) fostering conditions that allow teach-
ers, principals, and parents in the school com-
munity to be creative in helping their students
meet challenging standards.
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(f) PARENTAL AND COMMUNITY SUPPORT AND IN-
VOLVEMENT.—Each State plan shall describe strategies
for how the State will develop support for, and help imple-
ment its plan, such as—
(1) educating the public about the need for
higher standards and systemic improvement;
(2) involving parents and communities in the
State’s standard-setting and improvement process;
(3) reporting, on an ongoing basis, to parents,
educators, and the public on the State’s progress in
implementing the plan and improving student per-
formance;
(4) focusing public and private community re-
sources and public school resources on prevention
and early intervention to address the needs of all
students by—
(A) identifying and removing unnecessary
regulations and obstacles to coordination;
(B) improving communication and infor-
mation exchange; and
(C) providing appropriate training to agen-
cy personnel; and
(5) increasing the access of all students to so-
cial services, health care, nutrition, and child care
services, and locating such services in schools, co-
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operating service agencies, community-based centers,
or other convenient sites designed to provide ‘‘one-
stop shopping’’ for parents and students.
(g) MAKING THE IMPROVEMENTS SYSTEMWIDE.—To
help provide all students throughout the State the oppor-
tunity to meet challenging State standards, each State
plan shall describe strategies such as—
(1) ensuring that the improvement efforts ex-
pand from the initial local educational agencies,
schools, and educators involved to all local edu-
cational agencies, schools, and educators in the
State education system through such approaches as
teacher and administrator professional development;
technical assistance; whole school projects; intensive
summer training; and networking of teachers and
other educators, consortia of schools, and local edu-
cational agencies undertaking similar improvements;
(2) developing partnerships among preschools,
elementary and secondary schools, institutions of
higher education, health and social service providers,
and employers to improve teaching and learning at
all levels of the education system and to foster col-
laboration and continuous improvement;
(3) strategies to provide for the close coordina-
tion of standards development and improvement ef-
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forts among institutions of higher education and sec-
ondary, middle, and elementary schools;
(4) conducting outreach programs aimed at
parents whose language is a language other than
English, and other special populations, including
Native Americans, to involve all segments of the
community in the development of the State plan;
(5) developing partnerships with tribes and
BIA-funded schools, where appropriate, to improve
consistency and compatibility in curriculum among
public and BIA-funded schools at all grade levels;
(6) allocating all available local, State, and Fed-
eral resources to achieve system-wide improvement;
(7) providing for the development of objective
criteria and measures against which the success of
local plans will be evaluated;
(8) providing for the availability of curricular
materials, learning technologies, and professional de-
velopment in a manner ensuring equal access by all
local educational agencies in the State;
(9) taking steps to ensure that all local edu-
cational agencies, schools, and educators in the
State benefit from successful programs and practices
supported by funds made available to local edu-
cational agencies and schools under this title; and
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(10) providing remedial assistance to students,
teachers, schools, and local educational agencies that
are identified through the assessment system devel-
oped under subsection (c)(4) as needing such assist-
ance.
(h) PROMOTING BOTTOM-UP REFORM.—Each State
plan shall include strategies for ensuring that comprehen-
sive, systemic reform is promoted from the bottom up in
communities, local educational agencies, and schools, as
well as guided by coordination and facilitation from State
leaders, including strategies such as—
(1) ensuring that the State plan is responsive to
the needs and experiences of local educational agen-
cies, schools, teachers, and community leaders;
(2) establishing mechanisms for continuous
input from local schools, communities, colleges, and
school districts into, and feedback on, the implemen-
tation of the State plan;
(3) providing discretionary resources that en-
able teachers and schools to purchase needed profes-
sional development and other forms of assistance
consistent with their improvement plan from high-
quality providers of their choice;
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(4) establishing collaborative networks of teach-
ers centered on content standards and assessments
for the purpose of improving teaching and learning;
(5) providing flexibility to individual schools
and local educational agencies to enable them to
adapt and integrate State content standards into
courses of study appropriate for individual schools
and communities;
(6) facilitating the provision of waivers from
State rules and regulations that local educational
agencies or schools believe would promote innovation
and enhance school performance; and
(7) facilitating communication among educators
within and between districts for the purpose of shar-
ing innovative and effective practices, including
through the use of telecommunications, site visits,
and other means.
(i) BENCHMARKS AND TIMELINES.—Each State plan
shall include specific benchmarks of improved student per-
formance and of progress in implementing the improve-
ment plan, and timelines against which the progress of
the State in carrying out its plan, including the elements
described in subsections (c) through (h), can be measured.
(j) PEER REVIEW AND SECRETARIAL APPROVAL.—
(1) The Secretary shall review each State improvement
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plan prepared under this section, and each application
submitted under section 305, with the assistance and ad-
vice of State and local education policymakers, educators,
classroom teachers, experts on educational innovation and
improvement, and other appropriate individuals. The peer
review process shall be representative of the geographic,
racial, and cultural diversity of the United States. The re-
view process shall include at least one site visit to each
State.
(2) The Secretary shall approve a State’s plan when
the Secretary determines, after considering the peer re-
viewers’ comment, that it—
(A) reflects a widespread commitment within
the State; and
(B) holds reasonable promise of helping all stu-
dents.
(3) The Secretary shall not decline to approve a
State’s plan, or any State application submitted under sec-
tion 305, before offering the State—
(A) an opportunity to revise its plan or applica-
tion; and
(B) a hearing.
(k) AMENDMENTS TO PLAN.—(1) Each State shall
periodically review its plan and revise it, as appropriate,
in accordance with the process described in subsection (b).
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(2) The Secretary shall review major amendments to
a State’s plan through the same process, described in sub-
section (j), used to review the original plan.
(l) PREEXISTING STATE PLANS AND PANELS.—(1) If
a State has developed a comprehensive and systemic im-
provement plan to help all students meet challenging
standards, or any component of such a plan, that other-
wise meets the requirements of this section, the Secretary
may approve such plan or component notwithstanding that
it was not developed in accordance with subsection (b),
if the Secretary determines that such approval would fur-
ther the purposes of the State systemic education improve-
ment.
(2) If, before the enactment of this Act, a State has
made substantial progress in developing a plan that other-
wise meets, or is likely to meet, the requirements of this
section, but was developed by a panel that does not meet
the requirements of subsection (b)(1)–(3), the Secretary
may, at the request of the Governor and the State edu-
cational agency, treat that panel as meeting those require-
ments for all purposes of this title if the Secretary deter-
mines that there has been substantial public involvement
in the development of the plan.
SECRETARY’S REVIEW OF APPLICATIONS; PAYMENTS
SEC. 307. (a) FIRST YEAR.—The Secretary shall ap-
prove the State educational agency’s initial year applica-
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tion under section 305(b) if the Secretary determines
that—
(1) it meets the requirements of this title; and
(2) there is a substantial likelihood that the
State will be able to develop and implement an edu-
cation improvement plan that complies with section
306.
(b) SECOND THROUGH FIFTH YEARS.—The Sec-
retary shall approve the State educational agency’s re-
newal application under section 305(c)(1) for years two
through five only if—
(1)(A) the Secretary has approved the State’s
improvement plan under section 306(j); or
(B) the Secretary determines that the State has
made substantial progress in developing its plan;
and
(2) the application meets the other require-
ments of this title.
(c) PAYMENTS.—For any fiscal year for which a
State has an approved application under this title, the Sec-
retary shall make a grant to the State educational agency
in the amount determined under section 304(b).
STATE USE OF FUNDS
SEC. 308. (a) FIRST YEAR.—In the first year for
which a State educational agency receives a grant under
this title, the State—
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(1) shall use at least 50 per centum of such
funds to make subgrants, in accordance with section
309(a), to local educational agencies for the develop-
ment or implementation of local improvement plans
and to make subgrants, in accordance with section
309(b), to improve educator preservice programs
and for professional development activities consistent
with the State plan, if the amount allocated to
States under section 304(b) for such year is at least
$100,000,000. The State may use such funds for
such subgrants if such amount is less than
$100,000,000; and
(2) shall use the remainder of such funds to de-
velop, revise, expand, or implement an education im-
provement plan described in section 306.
(b) SUCCEEDING YEARS.—A State that receives as-
sistance under this title for any year after the first year
of participation shall—
(1) use at least 85 per centum of such assist-
ance in each succeeding year to make subgrants—
(A) to local educational agencies, in ac-
cordance with section 309(a), for the implemen-
tation of the State improvement plan and of
local improvement plans; and
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(B) in accordance with section 309(b), to
improve educator preservice programs and for
professional development activities that are con-
sistent with the State improvement plan; and
(2) shall use the remainder of such assistance
for State activities designed to implement its im-
provement plan, such as—
(A) supporting the development or adop-
tion of State content and student performance
standards, State opportunity-to-learn standards,
and assessment tools linked to the standards,
including through consortia of States and in
conjunction with the National Education Stand-
ards and Improvement Council established
under part B of title II of this Act;
(B) supporting the implementation of high-
performance management and organizational
strategies, such as site-based management,
shared decisionmaking, or quality management
principles, to promote effective implementation
of such plan;
(C) supporting the development and imple-
mentation, at the local educational agency and
school building level, of improved human re-
source development systems for recruiting, se-
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lecting, mentoring, supporting, evaluating, and
rewarding educators;
(D) providing special attention to the
needs of minority and female students, includ-
ing instructional programs and activities that
encourage such students in elementary and sec-
ondary schools to aspire to enter and complete
higher education;
(E) supporting the development, at the
State or local level, of performance-based ac-
countability and incentive systems for schools;
(F) outreach to parents, tribal officials,
classroom teachers and other educators, and the
public related to education improvement;
(G) providing technical assistance and
other services to increase the capacity of local
educational agencies and schools to develop and
implement local systemic improvement plans,
implement new assessments, and develop curric-
ula consistent with the State’s content and stu-
dent performance standards;
(H) promoting public magnet schools, pub-
lic ‘‘charter schools’’, and other mechanisms for
increasing choice among public schools; and
(I) Collecting and analyzing data.
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(c) LIMIT
ON ADMINISTRATIVE COSTS.—In each
year, a State may use not more than four per centum of
its annual allotment under this title, or $100,000, which-
ever is greater, for administrative expenses, not including
the activities of the panel established under section
306(b)(1).
SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL
DEVELOPMENT
SEC. 309. (a) SUBGRANTS TO LOCAL EDUCATIONAL
AGENCIES.—(1)(A) Each State educational agency shall
make subgrants to local educational agencies under sec-
tion 308(a)(1) and (b)(1)(A) through a competitive proc-
ess.
(B) Each subgrant shall be for a project of sufficient
duration and of sufficient size, scope, and quality to carry
out the purpose of this title effectively.
(2) Each local educational agency wishing to receive
a subgrant under this subsection shall submit an applica-
tion to the State educational agency that—
(A) is developed by a broad-based panel, ap-
pointed by the local educational agency, that is rep-
resentative of the racial, language, ethnic, and socio-
economic diversity of the students and community
and includes teachers, parents, school administra-
tors, business representatives, and others, as appro-
priate, and is approved by the local educational
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agency, with any modifications the local educational
agency deems appropriate;
(B) includes, not later than the beginning of
the second year for which assistance is sought, a
comprehensive local plan for districtwide education
improvement, directed at enabling all students to
meet the State’s challenging content and student
performance standards, including specific goals and
benchmarks, that is consistent with the State’s im-
provement plan (either approved or under develop-
ment) and includes a strategy for—
(i) ensuring that all students have a fair
opportunity to learn;
(ii) improving teaching and learning;
(iii) improving governance and manage-
ment;
(iv) generating and maintaining parental
and community involvement; and
(v) expanding improvements throughout
the local educational agency;
(C) describes how the local educational agency
will encourage and assist schools to develop com-
prehensive school improvement plans that focus on
helping all students reach challenging content and
student performance standards and that address
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each element of the local educational agency’s im-
provement plan identified in subparagraph (B);
(D) describes how the local educational agency
will implement specific programs aimed at ensuring
improvements in school readiness and the ability of
students to learn effectively at all grade levels by
identifying the most pressing needs facing students
and their families with regard to social services,
health care, nutrition, and child care, and entering
into partnerships with public and private agencies to
increase the access of students and families to co-
ordinated services in a school setting or at a nearby
site;
(E) describes how the subgrant funds would be
used by the local educational agency, and the proce-
dures to be used to make funds available to schools
in accordance with paragraph (4)(A);
(F) identifies, with an explanation, any State or
Federal requirements that the local educational
agency believes impede educational improvement and
that it requests be waived in accordance with section
310, which requests shall promptly be transmitted to
the Secretary by the State educational agency; and
(G) contains such other information as the
State educational agency may reasonably require.
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(3) The panel appointed under paragraph (2)(A)
shall, after approval of the local educational agency’s ap-
plication by the State educational agency, monitor the im-
plementation and effectiveness of the local improvement
plan in close consultation with teachers, principals, admin-
istrators, and parents from schools receiving funds under
this title, to determine if revisions to the local plan should
be recommended to the local educational agency. The
panel shall make public its findings.
(4)(A) A local educational agency that receives a
subgrant under this subsection shall—
(i) in the first year, use no more than 25 per-
cent of those funds to develop a local improvement
plan or for any local district activities approved by
the State educational agency that are reasonably re-
lated to carrying out the State or local improvement
plans, and not less than 75 per centum of such
funds to support individual school improvement ini-
tiatives directly related to providing all students in
the school the opportunity to meet challenging State
content and student performance standards; and
(ii) in subsequent years, use those funds for any
activities approved by the State educational agency
that are reasonably related to carrying out the State
or local improvement plans, except that at least 85
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per centum of such funds shall be made available to
individual schools to develop and implement com-
prehensive school improvement plans designed to
help all students meet challenging State content
standards.
(B) At least 50 per centum of the funds made avail-
able by a local educational agency to individual schools
under this section in any fiscal year shall be made avail-
able to schools with a special need for such assistance,
as indicated by a high number or percentage of students
from low-income families, low student achievement, or
other similar criteria developed by the local educational
agency.
(b) SUBGRANTS FOR PRESERVICE TEACHER EDU-
CATION
AND
PROFESSIONAL
DEVELOPMENT
ACTIVI-
TIES.—(1) (A) Each State educational agency shall make
subgrants to consortia of local educational agencies, insti-
tutions of higher education, private nonprofit organiza-
tions, or combinations thereof, under section 308(a)(1)
and (b)(1) through a competitive, peer-reviewed process
to—
(i) improve preservice teacher education pro-
grams consistent with the State plan; and
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(3) A recipient of a subgrant under this subsection
shall use the subgrant funds for activities supporting—
(A) the improvement of preservice teacher edu-
cation and school administrator programs so that
such programs equip educators with the subject
matter and pedagogical expertise necessary for pre-
paring all students to meet challenging standards; or
(B) the development and implementation of new
and improved forms of continuing and sustained
professional development opportunities for teachers,
principals, and other educators at the school or dis-
trict level that equip educators with such expertise,
and with other knowledge and skills necessary for
leading and participating in continuous education
improvement.
(c) SPECIAL AWARD RULE.—(1) Each State edu-
cational agency shall award at least at 50 per centum of
subgrant funds under subsection (a) in each fiscal year
to local educational agencies that have a greater percent-
age or number of disadvantaged children than the state-
wide average percentage or number for all local edu-
cational agencies in the State.
(2) The State educational agency may waive the re-
quirement of paragraph (1) if it does not receive a suffi-
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cient number of applications to comply with such require-
ment.
WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS
SEC. 310. (a) GENERAL.—(1) Except as provided in
subsection (c), the Secretary may waive any requirement
of any statute listed in subsection (b) or of the regulations
issued under such statute for a State educational agency,
local educational agency, or school that requests such a
waiver—
(A) if, and only to the extent that, the Sec-
retary determines that such requirement impedes the
ability of the State, or of a local educational agency
or school in the State, to carry out the State or local
education improvement plan;
(B) if the State educational agency has waived,
or agrees to waive, similar requirements of State
law; and
(C) if, in the case of a Statewide waiver, the
State educational agency—
(i) provides all local educational agencies
in the State with notice and an opportunity to
comment on the State educational agency’s pro-
posal to seek a waiver; and
(ii) submits the local educational agencies’
comments to the Secretary.
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(2) The Secretary shall act promptly on any such re-
quest.
(3) Each such waiver shall be for a period not to ex-
ceed three years. The Secretary may extend such period
if the Secretary determines that the waiver has been effec-
tive in enabling the State or affected local educational
agencies to carry out their reform plans.
(b) INCLUDED PROGRAMS.—The statutes subject to
the waiver authority of this section are as follows:
(1) Chapter 1 of title I of the Elementary and
Secondary Education Act of 1965, including the
Even Start Act.
(2) Part A of chapter 2 of title I of the Elemen-
tary and Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics
and Science Education Act (title II, part A of the
Elementary and Secondary Education Act of 1965).
(4) The Emergency Immigrant Education Act
of 1984 (title IV, part D of the Elementary and Sec-
ondary Education Act of 1965).
(5) The Drug-Free Schools and Communities
Act of 1986 (title V of the Elementary and Second-
ary Education Act of 1965).
(6) The Carl D. Perkins Vocational and Applied
Technology Education Act.
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(c) WAIVERS NOT AUTHORIZED.—The Secretary
may not waive any statutory or regulatory requirement of
the programs listed in subsection (b) relating to—
(1) maintenance of effort;
(2) comparability of services;
(3) the equitable participation of students at-
tending private schools;
(4) parental participation and involvement; or
(5) the distribution of funds to State or to local
educational agencies.
(d) TERMINATION
OF
WAIVERS.—The Secretary
shall periodically review the performance of any State,
local educational agency, or school for which the Secretary
has granted a waiver and shall terminate the waiver if he
or she determines that the performance of the State, the
local educational agency, or the school in the area affected
by the waiver has been inadequate to justify a continu-
ation of the waiver.
PROGRESS REPORTS
SEC. 311. (a) STATE
REPORTS
TO
THE
SEC-
RETARY.—Each State educational agency that receives
funds under this title shall annually report to the Sec-
retary—
(1) on the State’s progress in meeting its goals
and plans;
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(2) on the State’s proposed activities for the
succeeding year; and
(3) in summary form, on the progress of local
educational agencies in meeting local goals and
plans.
(b) SECRETARY’S
REPORTS
TO
CONGRESS.—By
April 30, 1996, and every two years thereafter, the Sec-
retary shall submit a report to the Committee on Edu-
cation and Labor of the House of Representatives and the
Committee on Labor and Human Resources of the Senate
describing the activities and outcomes of grants under—
(1) section 219 of this Act, including—
(A) a description of the purpose, uses, and
technical merit of assessments evaluated with
funds under such section; and
(B) an analysis of the impact of such as-
sessments on the performance of students, par-
ticularly those of different racial, gender, eth-
nic, or language groups; and
(2) this title, including a description of the ef-
fect of waivers granted under section 310.
NATIONAL LEADERSHIP
SEC. 312. (a) ACTIVITIES
AUTHORIZED.—From
funds reserved each year under section 304(a)(2)(A), the
Secretary may, directly or through grants or contracts—