170
‘‘(b) SUPPLEMENT, NOT
SUPPLANT.—A program
under this part that supplements the number of hours of
instruction students receive from State and local sources
shall be considered to comply with the ‘supplement, not sup-
plant’ requirement of section 1119(b) of this title without
regard to the subject areas in which instruction is given
during those hours.
‘‘SEC. 1406. INSTITUTION-WIDE PROJECTS.
‘‘A State agency that provides free public education
for children in an institution for delinquent children may
use funds received under this part to serve all children in,
and upgrade the entire educational effort of, such institu-
tion or program if the State agency has developed, and the
State educational agency has approved, a comprehensive
plan for such institution or program that—
‘‘(1) provides for a comprehensive assessment of
the educational needs of all youth in the institution
or program serving juveniles;
‘‘(2) provides for a comprehensive assessment of
the educational needs of youth aged 20 and younger
in adult facilities who are expected to complete incar-
ceration within a 2-year period;
‘‘(3) describes the steps the State agency has
taken, or will take, to provide all children under 21
with the opportunity to meet challenging academic
171
and vocational standards in order to improve the
likelihood that the students will complete high school,
attain high school equivalency, or find employment
after leaving the institution;
‘‘(4) describes the instructional program, pupil
services, and procedures that will be used to meet the
needs described in paragraph (1), including, to the
extent feasible, the provision of mentors for secondary
school students;
‘‘(5) specifically describes how such funds will be
used;
‘‘(6) describes the measures and procedures that
will be used to assess student progress;
‘‘(7) describes how the agency has planned, and
will implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions for delinquent children and
personnel from the State educational agency; and
‘‘(8) includes an assurance that the State agency
has provided for appropriate training to teachers and
other instructional and administrative personnel to
enable them to carry out the project effectively.
172
‘‘SEC. 1407. THREE-YEAR PROJECTS.
‘‘If a State agency operates a program under this part
in which individual children are likely to participate for
more than one year, the State educational agency may ap-
prove the State agency’s application for a subgrant under
this part for a period not to exceed 3 years.
‘‘SEC. 1408. TRANSITION SERVICES.
‘‘(a) TRANSITION SERVICES.—Each State agency shall
reserve not more than 10 percent of the amount it receives
under this part for any fiscal year to support projects that
facilitate the transition of children from State-operated in-
stitutions to local educational agencies.
‘‘(b) CONDUCT OF PROJECTS.—A project supported
under this section may be conducted directly by the State
agency, or through a contract or other arrangement with
one or more local educational agencies, other public agen-
cies, or private nonprofit organizations.
‘‘(c) LIMITATION.—Any funds reserved under sub-
section (a) shall be used only to provide transitional edu-
cational services, which may include counseling and
mentoring, to delinquent children in schools other than
State-operated institutions.
173
‘‘Subpart 2—Local Agency Programs
‘‘SEC. 1410. PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES.
‘‘(a) LOCAL SUBGRANTS.—With funds retained under
section 1402(2), the State educational agency shall make
subgrants to local educational agencies with—
‘‘(1) a high number or percentage of youth who
are residing in local (including county) correctional
facilities for youth (including those involved in day
programs); and
‘‘(2) which have the highest numbers or percent-
age of youth in the State which have dropped out of
school in the preceding fiscal year.
‘‘(b) NOTIFICATION.—A State educational agency shall
notify local educational agencies which meet the criteria of
subsection (a) of their eligibility for participation in the
program.
‘‘(c) PURPOSE OF LOCAL EDUCATIONAL AGENCY PRO-
GRAMS.—The purpose of this section is the operation of
local educational agency programs which involve collabora-
tion between local educational agencies and local correc-
tional facilities serving such youth to—
‘‘(1) continue transition activities for youth re-
turning from such facilities;
174
‘‘(2) to operate dropout prevention programs in
local schools for youth at risk of dropping out and
youth returning from correctional facilities; and
‘‘(3) to prepare youth who have finished their pe-
riod of incarceration for employment, high school
completion, and further education.
‘‘(d) LOCAL EDUCATIONAL AGENCY APPLICATIONS.—
(1) Eligible local educational agencies which choose to take
part in programs funded under this section shall submit
an application to the State educational agency, containing
such information on programs to be operated under this
section as the State educational agency may require, and
which shall include—
‘‘(1) a description of formal agreements between
the local educational agency and correctional facili-
ties and alternative school programs serving youth in-
volved with the juvenile justice system to operate pro-
grams for delinquent youth;
‘‘(2) a description of how participating schools
will coordinate with facilities working with delin-
quent youth to ensure that such youth are participat-
ing in an education program comparable to one oper-
ating in the local school such youth would attend;
‘‘(3) a description of the dropout prevention pro-
gram operated by participating schools and the types
175
of services such schools will provide to at risk youth
in participating schools and youth returning from
correctional facilities;
‘‘(4) a description of the youth expected to be
served by the dropout prevention program and how
the school will be coordinating existing educational
programs to meet unique education needs;
‘‘(5) a description of how schools will coordinate
with existing social and health services to meet the
needs of students at risk of dropping out of school and
other participating students, including prenatal
health care and nutrition services related to the health
of the parent and child, parenting and child develop-
ment classes, child care, targeted re-entry and out-
reach programs, referrals to community resources,
and scheduling flexibility;
‘‘(6) a description of any partnerships with local
businesses to develop training and mentoring services
for participating students;
‘‘(7) a description of how the program will in-
volve parents in efforts to improve the education
achievement of their children, assist in dropout pre-
vention activities, and prevent the involvement of
their children in delinquent activities;
176
‘‘(8) a description of how this program will be
coordinated with other Federal, State, and local pro-
grams, including the Job Training and Partnership
Act and vocational education programs serving this
at risk population of youth;
‘‘(9) a description of how the program will be co-
ordinated with programs operated under the Juvenile
Justice and Delinquency Prevention Act, if applica-
ble;
‘‘(10) a description of how schools will work with
probation officers to assist in meeting the needs of
youth returning from correctional facilities;
‘‘(11) a description of efforts participating
schools will make to ensure correctional facilities
working with youth are aware of a child’s existing in-
dividualized education program; and
‘‘(12) a description of the steps participating
schools will take to find alternative placements for
youth interested in continuing their education but
unable to participate in a regular public school pro-
gram.
‘‘(e) USES OF FUNDS.—Funds provided to local edu-
cational agencies under this section may be used for—
‘‘(1) dropout prevention programs which serve
youth at educational risk, including pregnant and
177
parent teens, youth who have come in contact with
the juvenile justice system, youth at least one year be-
hind their expected grade level, migrants, immigrants,
students with limited-English proficiency and gang
members;
‘‘(2) the coordination of health and social serv-
ices for such youth if there is a likelihood that the
provision of such services including day care and
drug and alcohol counseling, will improve the likeli-
hood such students will complete their education; and
‘‘(3) programs to meet the unique education
needs of youth at risk of dropping out, which may in-
clude vocational education, special education, career
counseling, and assistance in securing student loans
or grants.
‘‘(f) PROGRAM REQUIREMENTS FOR CORRECTIONAL
FACILITIES RECEIVING FUNDS UNDER THIS SECTION.—
Each facility entering into a partnership with a local edu-
cational agency to provide services to youth under this sec-
tion shall—
‘‘(1) ensure educational programs in juvenile fa-
cilities are coordinated with the student’s home school,
particularly with respect to special education students
with an individualized education program;
178
‘‘(2) notify the local school of a youth if the
youth is identified as in need of special education
servicers while in the facility;
‘‘(3) provide transition assistance to help the
youth stay in school, including coordination of serv-
ices for the family, counseling, assistance in accessing
drug and alcohol abuse prevention programs, tutor-
ing, and family counseling;
‘‘(4) provide support programs which encourage
the youth who have dropped out to reenter school once
their term has been completed or provide such youth
with the skills necessary for them to gain employment
or seek a high school equivalency certificate;
‘‘(5) work to ensure facilities are staffed with
teachers and other qualified staff who are also trained
to work with children with disabilities and other spe-
cial needs students taking into consideration such
unique needs;
‘‘(6) ensure educational programs in correctional
facilities are related to assisting students meet high
educational standards;
‘‘(7) use, to the extent possible, technology to as-
sist coordinating educational programs between the
juvenile facility and community school;
179
‘‘(8) involve parents in efforts to improve the
educational achievement of their children and prevent
the further involvement of such children in delinquent
activities;
‘‘(9) coordinate funds received under this pro-
gram with other available State, local, and Federal
funds to provide services to participating youth, in-
cluding the Job Training Partnership Act, and voca-
tional education;
‘‘(10) coordinate programs operated under this
section with activities funded under the Juvenile Jus-
tice and Delinquency Prevention Act, if applicable;
and
‘‘(11) if appropriate, work with local businesses
to develop training and mentoring programs for par-
ticipating youth.
‘‘(g) ACCOUNTABILITY.—The State educational agency
may—
‘‘(1) reduce or terminate funding for projects
funded under this section in local educational agen-
cies if such agencies do not show progress in reducing
dropout rates for male students and for female stu-
dents over a 3-year period; and
‘‘(2) require juvenile facilities to demonstrate,
after 3 years, that there has been an increase in the
180
number of youth returning to school, obtaining high
school equivalency certificates, or obtaining employ-
ment after such youth are released.
‘‘SEC. 1411. PROGRAM EVALUATIONS.
‘‘(a) SCOPE OF EVALUATION.—Each State agency or
local educational agency that conducts a program under
subpart 1 or 2 shall evaluate the program, disaggregating
data on participation by sex, and if feasible, by race, eth-
nicity, and age, not less than once every 3 years to deter-
mine its impact on the ability of participants to—
‘‘(1) maintain and improve educational achieve-
ment;
‘‘(2) accrue school credits that meet State re-
quirements for grade promotion and high school grad-
uation;
‘‘(3) for delinquent youth, make the transition to
a regular program or other education program oper-
ated by a local educational agency; and
‘‘(4) complete high school (or high school equiva-
lency requirements) and obtain employment after
leaving the institution.
‘‘(b) EVALUATION MEASURES.—In conducting each
such evaluation with respect to subsection (a)(1), a State
agency or local educational agency shall use multiple and
appropriate measures of student progress.
181
‘‘(c) EVALUATION RESULTS.—Each State agency and
local educational agency shall —
‘‘(1) submit evaluation results to the State edu-
cational agency; and
‘‘(2) use the results of evaluations under this sec-
tion to plan and improve subsequent programs for
participating children.
‘‘SEC. 1412. DEFINITIONS.
‘‘For the purpose of this part, the following terms have
the following meanings:
‘‘(1) The term ‘adult correctional institution’
means a facility in which persons are confined as a
result of a conviction for a criminal offense, including
persons under 21 years of age.
‘‘(2) The term ‘at risk youth’ means school aged
youth who are at risk of academic failure, have drug
or alcohol problems, are pregnant or are parents, have
come into contact with the juvenile justice system in
the past, are at least one year behind the expected
grade level for such age, have limited-English pro-
ficiency, are gang members, have dropped out in the
past, or have high absenteeism rates.
‘‘(3) The term ‘community-day program’ means
a regular program of instruction provided by a State
182
agency at a community-day school operated specifi-
cally for delinquent children.
‘‘(4) The term ‘institution for delinquent chil-
dren’ means a public or private residential facility
for the care of children who have been adjudicated to
be delinquent or in need of supervision.
‘‘PART E—FEDERAL EVALUATIONS,
DEMONSTRATIONS, AND TRANSITION PROJECTS
‘‘SEC. 1501. EVALUATIONS.
‘‘(a) NATIONAL ASSESSMENT.—(1) The Secretary shall
conduct a national assessment of programs under this title,
in coordination with the ongoing Chapter 1 Longitudinal
Study under subsection (b) of this section, that shall be
planned, reviewed, and conducted in consultation with an
independent panel of researchers, State practitioners, local
practitioners, and other appropriate individuals.
‘‘(2) The assessment shall examine how well schools,
local educational agencies, and States—
‘‘(A) are progressing toward the goal of all chil-
dren served under this title reaching the State’s con-
tent and performance standards; and
‘‘(B) are accomplishing the specific purposes set
out in section 1001(d) of this title to achieve this goal,
including—
183
‘‘(i) ensuring high standards for all chil-
dren and aligning the efforts of States, local edu-
cational agencies, and schools to help children
reach them;
‘‘(ii) providing children an enriched and
accelerated 
educational 
program 
through
schoolwide programs or through additional serv-
ices that increase the amount and quality of in-
structional time that children receive;
‘‘(iii) promoting schoolwide reform and ac-
cess of all children to effective instructional
strategies and challenging academic content;
‘‘(iv) significantly upgrading the quality of
the curriculum and instruction by providing
staff in participating schools with substantial
opportunities for professional development;
‘‘(v) coordinating services under all parts of
this title with each other, with other educational
services, including preschool services, and, to the
extent feasible, with health and social service
programs funded from other sources;
‘‘(vi) affording parents meaningful opportu-
nities to participate in the education of their
children at home and at school, including the
provisions of family literacy services;
184
‘‘(vii) distributing resources to areas where
needs are greatest;
‘‘(viii) improving accountability, as well as
teaching and learning, by making assessments
under this title congruent with State assessment
systems; and
‘‘(ix) providing greater decisionmaking au-
thority and flexibility to schools in exchange for
greater responsibility for student performance.
‘‘(3) Where feasible, the Secretary shall use informa-
tion gathered from a variety of sources, including the Na-
tional Assessment of Educational Progress, State evalua-
tions, and available research studies in carrying out this
subsection.
‘‘(4) The Secretary shall submit a biennial report sum-
marizing the cumulative findings to date of the assessment
to the President and the appropriate committees of the
Congress.
‘‘(b) STUDIES AND DATA COLLECTION.—The Secretary
may collect such data, as necessary, at the State, local, and
school levels and conduct studies and evaluations, including
national studies and evaluations, to assess on an ongoing
basis the effectiveness of programs under this title and to
report on such effectiveness on a periodic basis.
185
‘‘(c) NATIONAL EVALUATION OF TITLE I.—The Sec-
retary shall carry out an ongoing evaluation of the program
under part A of this title in order to provide the public,
Congress, and educators involved in such program, an accu-
rate description of the effectiveness of such program and
provide information that can be used to improve such pro-
gram’s effectiveness. Such evaluation shall—
‘‘(1) have a longitudinal design tracking cohorts
of students for at least 3 years which, when the co-
horts are taken as a whole, provides a picture of such
program’s effectiveness over the elementary and sec-
ondary grades;
‘‘(2) be separate and independent from State and
local assessments and evaluations as required under
this part;
‘‘(3) utilize the highest available content stand-
ards that are generally accepted as national in scope;
‘‘(4) provide information on all students, stu-
dents served under this part, and, if funds are suffi-
cient, information on students from low-income fami-
lies and limited English proficient students; and
‘‘(5) when feasible, collect, cross-tabulate, and re-
port data by sex within race or ethnicity and socio-
economic status.
186
The Secretary shall use the information from this evalua-
tion as part of the national assessment required by sub-
section (a) and shall report the data from this evaluation
to the Congress and the public at least as frequently as that
assessment.
‘‘(d)(1) In conducting the National Assessment under
subsection (a) and the National Evaluation under sub-
section (b), the Secretary shall not assess the progress of
students in grade 1, kindergarten, and pre-kindergarten on
the basis of outcome measures such as content and perform-
ance standards;
‘‘(2) any assessments of children in grade 2 shall uti-
lize matrix sampling and be performance-based; and
‘‘(3) any data collected regarding children in grade 2
shall—
‘‘(A) be collected at multiple points in time;
‘‘(B) not be used to stigmatize, label, or place
any child; and
‘‘(C) be collected in multiple domains.
‘‘(e) PARENTAL INVOLVEMENT, STUDY, REPORT AND
DISSEMINATION.—(1) The Secretary, through the Office of
Education Research and Improvement, shall conduct a
study to identify and describe—
187
‘‘(A) common barriers to effective parental in-
volvement in the education of participating children;
and
‘‘(B) successful local policies and programs
which improve parental involvement and the perform-
ance of participating children.
‘‘(2) The Secretary shall—
‘‘(A) complete such study by December 31, 1995;
‘‘(B) report the findings of such study to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and
Human Resources of the Senate; and
‘‘(C) disseminate the findings, relating to the
successful local policies and programs which improve
parental involvement and the performance of partici-
pating children, to local educational agencies.
‘‘SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
‘‘(a) 
DEMONSTRATION
PROGRAMS
TO
IMPROVE
ACHIEVEMENT.—(1) From the funds appropriated for any
fiscal year under section 1002(7)(B), the Secretary may
make grants to State educational agencies, local educational
agencies, other public agencies, nonprofit organizations,
public/private partnerships involving business and indus-
try organizations, and consortia of such bodies to carry out
demonstration projects that show the most promise of ena-
188
bling children served under this title to meet challenging
State standards. Such projects shall include promising
strategies such as—
‘‘(A) accelerated curricula, the application of
new technologies to improve teaching and learning,
extended learning time, and a safe and enriched full-
day environment for children to provide them the op-
portunity to reach high standards;
‘‘(B) integration of education services with each
other and with health, family, and other social serv-
ices such as mentoring programs, particularly in
empowerment zones and enterprise communities;
‘‘(C) effective approaches to whole school reform;
‘‘(D) programs that have been especially effective
with limited English proficient children, migratory
children and other highly mobile students, children
leaving institutions for neglected or delinquent chil-
dren and returning to school, and homeless children
and youth; and
‘‘(E) programs that are built upon partnerships
developed between elementary and middle schools, em-
ployers, and the community which emphasize the in-
tegration of high quality academic and vocational
learning, stress excellence and high expectations for
success in core academic subjects, instill responsibil-
189
ity, decisionmaking, problem solving, interpersonal
skills, and other competencies in students, and make
school relevant to the workplace and the community,
through applied and interactive teaching methodolo-
gies, team teaching strategies, learning opportunities
connecting school, the workplace, and the community,
and career exploration, awareness, and career guid-
ance opportunities.
‘‘(2) The Secretary shall evaluate the demonstration
projects supported under this title, using rigorous meth-
odological designs and techniques, including control groups
and random assignment, to the extent feasible, to produce
reliable evidence of effectiveness.
‘‘(b) PARTNERSHIPS.—(1) From funds appropriated
under section 1002(7)(B) for any fiscal year, the Secretary
may, directly or through grants or contracts, work in part-
nership with State educational agencies, local educational
agencies, other public agencies, and non-profit organiza-
tions to disseminate and use the highest quality research
and knowledge about effective practices to improve the qual-
ity of teaching and learning in schools supported under this
title.
190
‘‘SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSI-
TION PROJECTS.
‘‘(a) IN GENERAL.—From not less than $10,000,000
of the amount appropriated under section 1002(7)(B) the
Secretary shall provide financial assistance to support in-
novative transition projects in elementary schools.
‘‘(b) GRANTS.—(1) From 70 percent of the amount re-
served under subsection (a) to carry out this section, the
Secretary shall make grants to local educational agencies
for the purpose of supporting projects, for children from
low-income families who previously attended Head Start,
Even Start, or similar preschool programs, which provide
educational and other services in kindergarten and early
elementary grades.
‘‘(2) The purpose of such projects are to assist such
children to—
‘‘(A) make a successful transition from preschool
through the early elementary grades; and
‘‘(B) achieve challenging academic standards.
‘‘(3) A program assisted under this subsection shall—
‘‘(A) provide transition-to-elementary school ac-
tivities, such as—
‘‘(i) development of a transition plan for
each child, which provides for support and as-
sistance through the third grade;
191
‘‘(ii) transfer of each child’s preschool
records to the elementary school (with parental
consent);
‘‘(iii) formal meetings between a child’s
parent, preschool teacher, and kindergarten or
first grade teacher; and
‘‘(iv) kindergarten visits and other orienta-
tion activities for preschool children prior to en-
rollment in elementary school;
‘‘(B) use a model instructional approach for
which financial assistance is provided under sub-
section (d);
‘‘(C) provide directly or through referral com-
prehensive educational, health, nutritional, social,
and other services as will aid in the continued devel-
opment of eligible children to their full potential; and
‘‘(D) provide for the direct participation of the
parents of such children in the development, oper-
ation, and evaluation of such program.
‘‘(c) APPLICATIONS AND GRANT PRIORITY.—(1) An
application for a grant under subsection (b) shall—
‘‘(A) describe the transition-to-elementary school
activities which the applicant plans to administer;
192
‘‘(B) describe the model instructional approach
the applicant will use, and the manner in which the
applicant will implement such approach;
‘‘(C) provide evidence that the applicant has
made a formal arrangement to receive technical as-
sistance and training from the agency, organization,
or institution which sponsors such approach and re-
ceives funds under subsection (d);
‘‘(D) describe the manner in which the applicant
will provide comprehensive services to the children to
be served;
‘‘(E) describe how the applicant will provide for
direct participation by parents in the planning, oper-
ation, and evaluation of such program;
‘‘(F) describe how such program will be coordi-
nated with title I, title VII, and other programs au-
thorized under this Act; and
‘‘(G) provide evidence that—
‘‘(i) the applicant has entered into formal
arrangements with local Head Start, Even Start,
and other preschool programs to ensure that the
transition activities supported by such program
are effective; and
‘‘(ii) the transition activities, instruction,
and other services to be provided by the appli-
193
cant have been specifically designed to build
upon, and coordinate with, those services pro-
vided to eligible children and their parents in
local Head Start, Even Start and other similar
preschool programs.
‘‘(2) In making grants under subsection (b), the Sec-
retary shall—
‘‘(A) give priority to applicants that—
‘‘(i) propose to administer a project in
schools designated as a schoolwide program
under section 1114 of this Act; and
‘‘(ii) propose to use an innovative transi-
tion and instructional approach which has been
shown to be effective for the purpose described in
paragraph (2) of subsection (b); and
‘‘(B) provide sufficient funds to enable programs
to meet the purposes of paragraph (1) and the re-
quirements of paragraph (2).
‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—From
30 percent of the amount reserved under subsection (a), the
Secretary shall make grants to public and private nonprofit
agencies, institutions, and organizations to provide—
‘‘(1) technical assistance in the implementation
and expanded use of model transition and instruc-
tional approaches; and
194
‘‘(2) training in conjunction with the implemen-
tation and operation of such model approaches.
‘‘(e) GENERAL PROVISIONS.—
‘‘(1) An application for assistance under this
section may not be approved unless the Secretary is
satisfied that the services to be provided by the appli-
cant will supplement, and not supplant, services pre-
viously provided without Federal assistance.
‘‘(2) A program which receives assistance under
subsection (b) must demonstrate that such program
achieved the purposes described in paragraph (2) of
such subsection in order to be eligible for a renewal
grant.
‘‘PART F—GENERAL PROVISIONS
‘‘SEC. 1601. FEDERAL REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
issue such regulations as are necessary to reasonably ensure
that there is compliance with this title.
‘‘(b) NEGOTIATED RULEMAKING PROCESS.—(1) Prior
to publishing proposed regulations in the Federal Register
to carry out this title, the Secretary shall obtain the advice
and recommendations of representatives of Federal, State,
and local administrators, parents, teachers, and members
of local boards of education involved with the implementa-
tion and operation of programs under this title.
195
‘‘(2) Such advice and recommendations may be ob-
tained through such mechanisms as regional meetings and
electronic exchanges of information.
‘‘(3) After obtaining such advice and recommenda-
tions, and prior to publishing proposed regulations, the Sec-
retary shall—
‘‘(A) establish a negotiated rulemaking process
on a minimum of 4 key issues, including—
‘‘(i) schoolwide projects;
‘‘(ii) standards and assessment;
‘‘(iii) parental involvement; and
‘‘(iv) professional development;
‘‘(B) select individuals to participate in such
process from among individuals or groups which pro-
vided advice and recommendations, with representa-
tion from all geographic regions; and
‘‘(C) prepare a draft of proposed policy options
that shall be provided to the individuals selected by
the Secretary under subparagraph (A) not less than
45 days prior to the first meeting under such process.
‘‘(4) Such process—
‘‘(A) shall be conducted in a timely manner to
ensure that final regulations are issued by the Sec-
retary not later than the 240-day period required by
section 437 of the General Education Provisions Act;
196
‘‘(B) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provi-
sions of the Negotiated Rulemaking Act of 1990 (5
U.S.C. 561 et seq.).
‘‘(5) In an emergency situation in which regulations
to carry out this title must be issued with a very limited
time to assist State and local educational agencies with the
operation of the program, the Secretary may issue proposed
regulations without following such process but shall, imme-
diately thereafter and prior to issuing final regulations,
conduct regional meetings to review such proposed regula-
tions.
‘‘(c) SPECIAL RULE.—Funds made available under
section 1002(7) may not be released by the Secretary for
expenditure until such time as final regulations to carry
out part A are published in the Federal Register.
‘‘(d) LIMITATION.—Regulations to carry out this part
may not require local programs to follow a particular in-
structional model, such as the provision of services outside
the regular classroom or school program.
‘‘SEC. 1602. COORDINATION OF FEDERAL, STATE, AND
LOCAL ADMINISTRATION.
‘‘(a) PROGRAM ASSISTANCE MANUAL.—The Secretary
shall, not later than 6 months after the publication of final
regulations under this title, prepare and distribute to State
197
educational agencies, State agencies operating programs
under parts C and D, and local educational agencies, and
shall make available to parents and other interested indi-
viduals, organizations, and agencies, a manual for this title
to—
‘‘(1) assist such agencies in—
‘‘(A) enhancing the quality, increasing the
depth, or broadening the scope of activities for
programs under this title;
‘‘(B) applying for program funds under this
title; and
‘‘(C) meeting the program objectives under
this title;
‘‘(2) assist State educational agencies in achiev-
ing proper and efficient administration of programs
funded under this title;
‘‘(3) assist parents to become involved in the
planning for, and implementation and evaluation of,
programs and projects under this title; and
‘‘(4) ensure that officers and employees of the De-
partment of Education, including officers and em-
ployees of the Secretary and officers and employees of
such Department charged with auditing programs
carried on under this title, uniformly interpret,
198
apply, and enforce requirements under this title
throughout the United States.
‘‘(b) CONTENTS
OF POLICY MANUAL.—The policy
manual shall, with respect to programs carried out under
this title, contain descriptions, statements, procedural and
substantive rules, opinions, policy statements and interpre-
tations and indices to and amendments of the foregoing,
and in particular, whether or not such items are required
under section 552 of title 5, United States Code, to be pub-
lished or made available. The manual shall include—
‘‘(1) a statement of the requirements applicable
to the programs carried out under this title, including
such requirements contained in this title, the General
Education Provisions Act, other applicable statutes,
and regulations issued under the authority of such
statutes;
‘‘(2) an explanation of the purpose of each re-
quirement and its interrelationship with other appli-
cable requirements; and
‘‘(3) model forms and instructions developed by
the Secretary for use by State and local educational
agencies, at their discretion, including, application
forms, application review checklists, and instruments
for monitoring programs under this title.
199
‘‘(c) RESPONSE TO INQUIRIES.—The Secretary shall
respond with written guidance not more than 90 days after
any written request (return receipt requested) from a State
or local educational agency regarding a policy, question,
or interpretation under this title. In the case of a request
from a local educational agency, such agency is required
to address its request to the State educational agency first.
‘‘SEC. 1603. STATE ADMINISTRATION.
‘‘(a) RULEMAKING.—(1) Each State that receives
funds under this title shall—
‘‘(A) ensure that any State rules, regulations,
and policies relating to this title conform to the pur-
poses of this title and provide any such proposed
rules, regulations, and policies to the Committee of
Practitioners for their review and comment;
‘‘(B) minimize such rules, regulations, and poli-
cies to which their local educational agencies and
schools are subject; and
‘‘(C) identify any such rule, regulation, or policy
as a State-imposed requirement.
‘‘(2) State rules, regulations, and policies under this
title shall support and facilitate local educational agency
and school-level systemic reform designed to enable all chil-
dren to meet the State’s standards.
200
‘‘(b) COMMITTEE OF PRACTITIONERS.—(1) Each State
educational agency shall create a State committee of practi-
tioners to advise the State in carrying out its responsibil-
ities under this title.
‘‘(2) Each such committee shall include—
‘‘(A) as a majority of its members, representa-
tives from local educational agencies;
‘‘(B) administrators;
‘‘(C) teachers, including vocational educators;
‘‘(D) parents;
‘‘(E) members of local boards of education;
‘‘(F) representatives of private school children;
and
‘‘(G) counselors.
‘‘(3) The duties of the committee shall include a review,
prior to publication, of any proposed or final State rule
or regulation pursuant to this title. In an emergency situa-
tion where such rule or regulation must be issued within
a very limited time to assist local educational agencies with
the operation of the program, the State educational agency
may issue a regulation without prior consultation, but shall
immediately thereafter convene the State committee of prac-
titioners to review the emergency regulation prior to issu-
ance in final form.
201
‘‘(c) PAYMENT FOR STATE ADMINISTRATION.—Each
State may reserve for the proper and efficient performance
of its duties under this title the greater of—
‘‘(1) one percent of the funds received under sec-
tion 1002(a) and (c) through (f); or
‘‘(2) $325,000, or $50,000 in the case of Guam,
American Samoa, the Virgin Islands, the Northern
Mariana Islands, and Palau (until the Compact of
Free Association takes effect).
‘‘TITLE II—IMPROVING
TEACHING AND LEARNING
‘‘PART A—DWIGHT D. EISENHOWER
PROFESSIONAL DEVELOPMENT PROGRAM
‘‘SEC. 2101. FINDINGS.
‘‘The Congress finds that—
‘‘(1) reaching the National Education Goals re-
quires a comprehensive educational reform strategy
that involves parents, schools, government, commu-
nities, and other public and private organizations at
all levels;
‘‘(2) a crucial component of the strategy for
achieving these goals is ensuring, through sustained
and intensive high-quality professional development,
and through the development and adoption of high
quality curriculum, that all teachers are capable of
202
providing challenging learning experiences in the core
academic subjects for their students;
‘‘(3) decisionmaking as to what activities a State
or local educational agency should undertake to im-
prove teaching and learning are best made by indi-
viduals in the schools closest to the classroom and
most knowledgeable about the needs of schools and stu-
dents;
‘‘(4) the potential positive impact of high-quality
professional development is underscored by recent re-
search findings that—
‘‘(A) professional development must be fo-
cused on teaching and learning in order to
change the opportunities of all students to
achieve higher standards; and
‘‘(B) effective professional development fo-
cuses on discipline-based knowledge and subject-
specific pedagogical skills, involves teams of
teachers and administrators in a school and,
through professional networks of teachers and ad-
ministrators, is interactive and collaborative,
motivates by its intrinsic content and relation-
ship to practice, builds on experience and learn-
ing-by-doing, and becomes incorporated into the
everyday life of the school;
203
‘‘(5) engaging teachers in the development of
high quality curricula is a powerful professional de-
velopment activity that improves teaching and learn-
ing;
‘‘(6) special attention must be given in profes-
sional development activities to ensure that education
professionals are knowledgeable of, and make use of,
strategies for serving populations that historically
have lacked access to equal opportunities for advanced
learning and career advancement;
‘‘(7) States and local educational agencies also
need to engage teachers in the development of high
quality curricula that are aligned with State or local
content and performance standards in order to im-
prove teaching and learning and ensure that students
achieve the State standards;
‘‘(8) professional development is often a victim of
budget reductions in fiscally difficult times and cur-
ricula development is almost nonexistent in many
State and local school systems; and
‘‘(9) the Federal Government has a vital role in
helping States and local educational agencies to make
sustained and intensive high-quality professional de-
velopment in the core academic subjects become an in-
tegral part of the elementary and secondary education
204
system and in providing assistance to such agencies
to engage teachers in the development of high quality
curricula that are aligned with State or local content
and performance standards.
‘‘SEC. 2102. PURPOSES.
‘‘The purposes of this part are to provide assistance
to States and local educational agencies and to institutions
of higher education with teacher education programs so that
such agencies can determine how best to improve the teach-
ing and learning of all students through—
‘‘(1) helping to ensure that teachers, other staff,
and administrators have access to sustained and in-
tensive high-quality professional development that is
aligned to challenging State content and performance
standards in the care academic subjects and that—
‘‘(A) is tied to challenging State and local
curriculum content and student performance
standards;
‘‘(B) reflects recent research on teaching and
learning;
‘‘(C) incorporates effective strategies, tech-
niques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
limited-English proficient individuals, and eco-
205
nomically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging performance standards;
‘‘(D) includes strong academic content and
pedagogical components;
‘‘(E) is of sufficient intensity and duration
to have a positive and lasting impact on the
teacher’s performance in the classroom; and
‘‘(F) is part of the everyday life of the
school and creates an orientation toward contin-
uous improvement throughout the school; and
‘‘(2) assisting States and local educational agen-
cies to engage teachers in the development of high
quality curriculum that is aligned with State or local
content and performance standards.
‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLOCA-
TION BETWEEN SUBPARTS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated $800,000,000 for fiscal year 1995 and such
sums as may be necessary for fiscal years 1996, 1997, 1998,
and 1999.
‘‘(b) ALLOCATION BETWEEN SUBPARTS.—Of the funds
appropriated to carry out this part for a fiscal year, the
Secretary shall use—
206
‘‘(1) 5 percent to carry out subpart 1; and
‘‘(2) 95 percent to carry out subpart 2.
‘‘Subpart 1—Federal Activities
‘‘SEC. 2111. PROGRAM AUTHORIZED.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to make grants to, and enter into contracts and
cooperative agreements with, local educational agencies,
State educational agencies, State agencies for higher edu-
cation, educational service agencies, institutions of higher
education, and other public and private agencies, other or-
ganizations, and institutions to—
‘‘(1) support activities of national significance
that will contribute to the development and imple-
mentation of high-quality professional development
activities in the core academic subject areas;
‘‘(2) support the development of challenging cur-
riculum that is aligned with State or local content
and performance standards; and
‘‘(3) evaluate activities carried out under this
subpart and under subpart 2.
‘‘(b) COORDINATION WITH OTHER AGENCIES.—In
carrying out this program, the Secretary shall consult and
coordinate with the National Science Foundation, the Na-
tional Endowment for the Humanities, the National En-
207
dowment for the Arts, and other appropriate Federal agen-
cies and entities.
‘‘SEC. 2112. AUTHORIZED ACTIVITIES.
‘‘(a) The Secretary shall use funds available to carry
out this subpart—
‘‘(1) to provide seed money to eligible entities to
develop their capacity to offer sustained and intensive
high-quality professional development;
‘‘(2) for the development and maintenance of a
national clearinghouse for science, mathematics, and
technology education materials which shall be admin-
istered as an adjunct clearinghouse of the ERIC sys-
tem of clearinghouses supported by the Office of Edu-
cational Research and Improvement;
‘‘(3) to support consortia of educational agencies
and organizations in disseminating information and
providing assistance regarding curricula, teaching
methods, and assessment tools that support national
or State content standards in mathematics and
science; and
‘‘(4) the evaluation of programs under this sub-
part and under subpart 2.
‘‘(b) The Secretary may use funds available to carry
out this subpart—
208
‘‘(1) for the development and maintenance of na-
tional clearinghouses for core academic subjects as the
Secretary determines are needed and which shall be
administered as adjunct clearinghouses of the ERIC
system of clearinghouses supported by the Office of
Educational Research and Improvement;
‘‘(2) to provide grants to entities to develop high
quality curricula that are aligned with voluntary na-
tional or State content standards;
‘‘(3) to sponsor institutes that provide teachers
and administrators with professional development
that is based on strong and integrated disciplinary
content and pedagogical components;
‘‘(4) for efforts to train teachers in the innova-
tive uses and applications of technology to enhance
student learning;
‘‘(5) to encourage the development of local and
national professional networks of educators;
‘‘(6) to disseminate standards in the core aca-
demic subjects, including information on voluntary
national content and performance standards and re-
lated models of high-quality professional development;
‘‘(7) for efforts to train teachers in innovative
uses of applied learning strategies such as service
learning;
209
‘‘(8) to disseminate models of high-quality pro-
fessional development activities that train educators
in strategies, techniques, methods, and practices for
meeting the educational needs of historically under-
served populations, including females, minorities, in-
dividuals with disabilities, limited-English proficient
individuals, and economically disadvantaged individ-
uals, in order to ensure that all students have the op-
portunity to achieve challenging performance stand-
ards;
‘‘(9) to promote the transferability of licensure
and certification of teachers and administrators
among State and local jurisdictions; and
‘‘(10) to support the National Board for Profes-
sional Teaching Standards.
‘‘(c) In carrying out subsection (a), the Secretary shall
ensure that each program, project, and activity contained
in such subsection receives an allocation that is no less than
the amount that each such program, project, or activity re-
ceived in fiscal year 1994.
‘‘Subpart 2—State and Local Activities
‘‘SEC. 2121. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized to make grants to State
educational agencies for the improvement of teaching and
learning through sustained and intensive high-quality pro-
210
fessional development activities in the core academic sub-
jects at the State and local levels and the development by
teachers and others of high-quality curricula that are
aligned with State or local content and performance stand-
ards.
‘‘SEC. 2122. ALLOCATION OF FUNDS.
‘‘(a) RESERVATION
OF FUNDS.—From the amount
made available to carry out this subpart for any fiscal year,
the Secretary shall—
‘‘(1) reserve one half of one percent for the outly-
ing areas, to be distributed among them on the basis
of relative need, as determined by the Secretary in
light of the purposes of this part; and
‘‘(2) reserve one half of one percent for the Sec-
retary of the Interior for programs under this subpart
for professional development activities for teachers,
other staff, and administrators in schools operated or
funded by the Bureau of Indian Affairs.
‘‘(b) STATE ALLOTMENTS.—The Secretary shall allo-
cate the remaining amount to each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto
Rico as follows, except that no State shall receive less than
one-half of one percent of such remaining amount:
‘‘(1) 50 percent shall be allocated among such ju-
risdictions on the basis of their relative populations
211
of individuals aged 5 through 17, as determined by
the Secretary on the basis of the most recent satisfac-
tory data.
‘‘(2) 50 percent shall be allocated among such ju-
risdictions in accordance with the relative amounts
such jurisdictions received under part A of title I of
this Act for the preceding fiscal year.
‘‘(c) REALLOCATION.—If any jurisdiction does not
apply for its allotment under subsection (b) for any fiscal
year, the Secretary shall reallocate such amount to the re-
maining jurisdictions in accordance with such subsection.
‘‘SEC. 2123. WITHIN-STATE ALLOCATIONS.
‘‘(a) RESERVATIONS.—Of the amounts received by a
State under this subpart for a fiscal year—
‘‘(1) not more than 5 percent shall be used for
the administrative costs of programs carried out by
the State educational agency and the State agency for
higher education;
‘‘(2) not more than 5 percent may be used for
State-level activities, as described in section 2125;
and
‘‘(3) of the remaining amount—
‘‘(A) 87 percent shall be distributed to local
educational agencies, to be used in accordance
with section 2129, as follows:
212
‘‘(i) 50 percent of such amount shall be
distributed in accordance with the relative
enrollments in public and private nonprofit
schools within their boundaries.
‘‘(ii) 50 percent of such amount shall
be distributed in accordance with the rel-
ative amount such agencies received under
part A of title I of this Act for the preceding
fiscal year; and
‘‘(B) 13 percent shall be used for competi-
tive grants to institutions of higher education as
described in section 2129.
‘‘(b) LIMITATION.—
‘‘(1) GENERAL
RULE.—Except as provided in
paragraph (2), any local educational agency that re-
ceives an allocation of less than $10,000 under sub-
section (a) shall, for the purpose of providing services
under this subpart, form a consortium with at least
1 other local educational agency or institution of
higher education receiving assistance under this sec-
tion.
‘‘(2) WAIVER.—The State educational agency
shall waive the application of paragraph (1) in the
case of any local educational agency that dem-
onstrates that the amount of its allocation is suffi-
213
cient to provide a program of sufficient size, scope,
and quality to be effective. In granting waivers under
the preceding sentence, the State educational agency
shall—
‘‘(A) give special consideration to local edu-
cational agencies serving rural areas; and
‘‘(B) consider cash or in-kind contributions
provided from State or local sources that may be
combined with the local educational agency’s al-
location for the purpose of providing services
under this part.
‘‘SEC. 2124. STATE APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—Each State edu-
cational agency that wishes to receive its allotment under
this subpart for any fiscal year shall submit an application
to the Secretary at such time and in such form as the Sec-
retary may require.
‘‘(b) STATE PLAN TO IMPROVE TEACHING AND LEARN-
ING—(1) Each application under this section shall include
a State plan that—
‘‘(A) is integrated with the State’s plan, either
approved or being developed, under title III of the
Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already ad-
dressed by that State plan; or
214
‘‘(B) if the State does not have an approved plan
under title III of the Goals 2000: Educate America
Act and is not developing such a plan, is integrated
with other State plans under this Act and satisfies the
requirements of this section.
‘‘(2) Each such plan shall also—
‘‘(A) be developed in conjunction with the State
agency for higher education, institutions of higher
education, schools of education, and with the extensive
participation of teachers and administrators and
members of the public who are interested in improv-
ing education in the State and show the role of each
in implementation;
‘‘(B) be designed to give teachers and adminis-
trators in the State the knowledge and skills to pro-
vide all students the opportunity to meet challenging
State performance standards;
‘‘(C) include an assessment of State and local
needs for professional development and for the devel-
opment of curricula that are aligned with State or
local content and performance standards;
‘‘(D) include a description of how the plan has
assessed the needs of local education agencies serving
rural areas, and what actions are planned to meet
those needs;
215
‘‘(E) include a description of how the plan has
maintained funding for professional development ac-
tivities in mathematics and science education;
‘‘(F) include a description of how the activities
funded under this subpart will address the needs of
teachers in schools receiving assistance under part A
of title I of this Act;
‘‘(G) a description of how programs in all core
academic subjects, but especially in mathematics and
science, will take into account the need for greater ac-
cess to, and participation in, such disciplines by stu-
dents from historically underrepresented groups, in-
cluding females, minorities, individuals with limited-
English proficiency, the economically disadvantaged,
and the disabled, by incorporating pedagogical strate-
gies and techniques which meet their educational
need;
‘‘(H) if the State’s needs assessment under sub-
section (C) demonstrates a need for professional devel-
opment, describe how the State will—
‘‘(i) work with teachers, including teachers
in schools receiving assistance under part A of
title I of this Act, administrators, local edu-
cational agencies, schools, and institutions of
higher education to ensure that they develop the
216
capacity to support sustained and intensive,
high-quality professional development programs
in all the core academic subject areas, but espe-
cially in mathematics and science;
‘‘(ii) take specific steps to review and, if
necessary, reform State requirements for licen-
sure of teachers and administrators, including
certification and recertification, to align such re-
quirements with challenging State content and
performance standards; and
‘‘(iii) address the need for improving teach-
ing and learning through teacher development
beginning with recruitment, pre-service, and in-
duction, and continuing throughout the profes-
sional teaching career; and
‘‘(I) if the State’s needs assessment under sub-
paragraph (C) demonstrates a need for curricula de-
velopment, describe—
‘‘(i) a strategy for engaging teachers in the
development of curricula that are aligned with
State or local content and performance stand-
ards; and
‘‘(ii) how the State will also work with ad-
ministrators, parents, school board members, and
other members of the community in developing
217
high quality curricula that are aligned with
State or local content and performance stand-
ards.
‘‘(c) ADDITIONAL MATERIAL.—Each State application
shall also include—
‘‘(1) a description of how the activities funded
under this subpart will be coordinated, as appro-
priate, with—
‘‘(A) other activities conducted with Federal
funds, especially activities supported under part
A of title I of this Act;
‘‘(B) State and local funds;
‘‘(C) resources from business and industry;
and
‘‘(D) funds from other Federal agencies,
such as the National Science Foundation, the
Departments of Commerce, Energy, and Health
and Human Services, the National Endowment
for the Arts, and the National Endowment for
the Humanities; and
‘‘(2) a description of the activities to be spon-
sored under the State-level activities and the higher
education components of its program under this sub-
part.
218
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
(1) The Secretary shall approve the application of a State
educational agency if it meets the requirements of this sec-
tion and holds reasonable promise of achieving the purposes
of this part.
‘‘(2) In reviewing applications, the Secretary shall ob-
tain the advice of non-Federal experts on education in the
core academic subjects and on teacher education, including
teachers and administrators.
‘‘(e) ASSURANCE.—Each State applying for funds
under this title shall provide the Secretary with the assur-
ance that after July 1, 1998, it will require each local edu-
cational agency within the State to certify that each full
time teacher in schools under the jurisdiction of the agency
is certified to teach in the subject area to which he or she
is assigned. Nothing in this subsection shall be construed
to prevent a State from implementing alternative methods
of teacher certification.
‘‘SEC. 2125. STATE-LEVEL ACTIVITIES.
‘‘Each State may use funds reserved under section
2123(a)(2) to carry out activities referred to in section
2124(b), such as—
‘‘(1) reviewing and reforming State requirements
for teacher and administrator licensure, including
certification and recertification, to align such require-
219
ments with the State’s content standards and ensure
that teachers and administrators have the knowledge
and skills necessary to help students meet challenging
State performance standards;
‘‘(2) developing performance assessments and
peer review procedures, as well as other methods, for
licensing teachers and administrators;
‘‘(3) providing technical assistance to schools
and local educational agencies especially schools and
local educational agencies that receive assistance
under part A of title I of this Act, to help such schools
and agencies provide effective professional develop-
ment in the core academic subjects and develop high
quality curricula;
‘‘(4) developing or supporting professional devel-
opment networks, either within a State or in a re-
gional consortium of States, that provide a forum for
interaction among teachers and that allow exchange
of information on advances in content assessment and
pedagogy;
‘‘(5) supporting partnerships between schools,
consortia of schools, or local education agencies and
institutions of higher education, including but not
limited to schools of education, which would encour-
age teachers to participate in intensive, ongoing pro-
220
fessional development programs, both academic and
pedagogical, at institutions of higher education, and
to encourage students at institutions of higher edu-
cation studying to become teachers to have direct,
practical experience at the schools;
‘‘(6) enhancing the effective use of educational
technology as an instructional tool for increasing stu-
dent understanding of the core academic subject areas
including—
‘‘(A) efforts to train teachers in the innova-
tive uses and application of instructional tech-
nology;
‘‘(B) utilizing and strengthening existing
telecommunications infrastructure dedicated to
educational purposes; and
‘‘(C) efforts to train teachers in methods for
achieving gender equity both in access to and
teaching practices used in the application of edu-
cational technology;
‘‘(7) providing incentives for teachers to be in-
volved in curriculum development and technical as-
sistance processes for teachers and students;
‘‘(8) professional development enabling teachers
and other school staff to ensure that girls, young
women, minorities, limited English proficient stu-
221
dents, individuals with disabilities, and economically
disadvantaged individuals have the opportunity to
achieve challenging State performance standards in
the core academic subjects by, for example, encourag-
ing girls, young women, and minorities to pursue ad-
vanced courses in mathematics and science;
‘‘(9) designing professional development activi-
ties that increase the numbers of members of minority
and other underrepresented groups in the teaching
force in the core subjects;
‘‘(10) developing high quality curriculum that is
aligned with State or local content and performance
standards; and
‘‘(11) providing financial or other incentives for
teachers to become certified by the National Board for
Professional Teaching Standards.
‘‘SEC. 2126. LOCAL PLAN AND APPLICATION FOR IMPROV-
ING TEACHING AND LEARNING.
‘‘(a) LOCAL APPLICATION.—(1) Each local educational
agency that wishes to receive a subgrant under this subpart
shall submit an application (singly or as a consortia as
described in section 2123(b)) to the State educational agen-
cy at such time as the State educational agency shall re-
quire, but not less frequently than every 3rd year.
222
‘‘(2) If the local educational agency has an application
approved by the State under title III of the Goals 2000:
Educate America Act, the application required by this sec-
tion shall be a component of (or, if necessary, an addendum
to) its Goals 2000 application.
‘‘(3) A local education agency shall set specific per-
formance indicators for improving teaching and learning
through professional development and curriculum develop-
ment.
‘‘(4) A local educational agency shall submit, as part
of its application, the results of the needs assessment con-
ducted under subsection (b), and the local educational agen-
cy plan developed in accordance with subsection (c).
‘‘(b) NEEDS ASSESSMENT.—(1) A local educational
agency that wishes to receive a subgrant under this subpart
shall include in its application an assessment of such agen-
cy’s need for professional development, for the development
of high quality curricula that are aligned with State or
local content and performance standards.
‘‘(2) Such needs assessment shall be carried out with
the involvement of teachers, including teachers in schools
receiving assistance under part A of title I of this Act, and
shall take into account what activities need to be conducted
in order to give teachers and administrators the means, in-
cluding the knowledge and skills, to provide students with
223
the opportunity to meet challenging State or local perform-
ance standards.
‘‘(c) PLAN DEVELOPMENT.—(1) The plan required
under this subsection shall be developed jointly by the local
educational agency and by teachers from the core academic
disciplines.
‘‘(2) Such teachers shall also be representative of the
grade spans within schools to be served and of schools which
receive assistance under part A of title I of this Act.
‘‘(3) Based on the needs assessment required under sub-
section (b), the local educational agency’s plan shall include
the following—
‘‘(A) a description of the local educational agen-
cy’s strategy to improve teaching and learning in
every school;
‘‘(B) a description of how the plan contributes to
the local educational agency’s overall efforts for school
reform and educational improvement;
‘‘(C) a description of the activities the local edu-
cational agency intends to undertake under this sub-
part consistent with such agency’s needs assessment
conducted under subsection (b);
‘‘(D) a description of how the plan has main-
tained funding for professional development activities
in mathematics and science education;
224
‘‘(E) a description of how the activities funded
under this section will address the needs of teachers
in schools receiving assistance under part A of title
I of this Act;
‘‘(F) a description of how programs in all core
academic subjects, but especially in mathematics and
science, will take into account the need for greater ac-
cess to, and participation in, such disciplines by stu-
dents from historically underrepresented groups, in-
cluding females, minorities, individuals with limited-
English proficiency, the economically disadvantaged,
and the disabled, by incorporating pedagogical strate-
gies and techniques which meet their educational
need;
‘‘(G) an assurance that the activities conducted
with funds received under this program will be as-
sessed at least every 3 years using the performance in-
dicators; and
‘‘(H) a description of how the program funded
under this subpart will be coordinated, as appro-
priate, with—
‘‘(i) activities conducted under section 2130
and other services of institutions of higher edu-
cation;
‘‘(ii) similar State and local activities;
225
‘‘(iii) resources provided under part A of
title I and other parts of this Act, particularly
part B of title II;
‘‘(iv) resources from business, industry, pri-
vate nonprofit organizations (including muse-
ums, libraries, educational television stations,
community-based organizations, professional or-
ganizations and associations specializing in, or
with a demonstrated expertise in the core aca-
demic disciplines);
‘‘(v) funds or programming from other Fed-
eral agencies, such as the National Science Foun-
dation, the Department of Energy, the Depart-
ment of Health and Human Services, the Na-
tional Endowment for the Humanities, and the
National Endowment for the Arts; and
‘‘(vi) an identification of funding that will
provide the local educational agency’s contribu-
tion under section 2127.
‘‘SEC. 2127. LOCAL COST SHARING.
‘‘(a) IN GENERAL.—Each local educational agency
shall bear not less than 33 percent of the cost of any pro-
gram carried out under this subpart, but not including the
cost of services provided to private schoolteachers.
226
‘‘(b) AVAILABLE RESOURCES FOR COST-SHARING.—A
local educational agency may meet the requirements of sub-
section (a) through one or more of the following:
‘‘(1) Cash expenditures from non-Federal sources,
including private contributions, directed toward pro-
fessional development and curriculum development
activities.
‘‘(2) Release time for teachers participating in
professional development or curricula development
funded under this subpart.
‘‘(3) Funds received under one or more of the fol-
lowing programs, if used for professional development
or curricula development activities consistent with
this subpart and consistent with the statutes under
which such funds are provided, then such funds must
be used for the benefit of students and teachers in the
schools that would otherwise have been served with
such funds:
‘‘(A) Part A of title I of this Act.
‘‘(B) The Safe and Drug Free Schools pro-
gram under title IV of this Act.
‘‘(C) The bilingual education program
under title VII of this Act.
‘‘(D) The Women’s Educational Equity
Program under title III of this Act.
227
‘‘(E) Title III of the Goals 2000: Educate
America Act.
‘‘(F) Programs that are related to the pur-
poses of this Act that are administered by other
agencies, including the National Science Foun-
dation, the National Endowment for the Hu-
manities, the National Endowment for the Arts,
and the Department of Energy.
‘‘(c) WAIVER.—The State educational agency may ap-
prove an application which has not fully met the require-
ments of subsection (a) and waive the requirements of sub-
section (a) if a local educational agency can demonstrate
that it is unable to meet the requirements of subsection (a)
due to economic hardship and that compliance with such
requirements would preclude its participation in the pro-
gram.
‘‘SEC. 2128. LOCAL ALLOCATION OF FUNDS AND ALLOW-
ABLE ACTIVITIES.
‘‘(a) LOCAL ALLOCATION OF FUNDS.—Each local edu-
cational agency that receives funds under this subpart for
any fiscal year—
‘‘(1) shall use not less than 80 percent of such
funds for—
228
‘‘(A) professional development of teachers,
principals, and other instructional staff who
work directly with children; and
‘‘(B) engaging teachers and other staff in
the development of high quality curricula aligned
with State and local content and performance
standards, in a manner that is determined by
such teachers and staff and is consistent with the
provisions of such local educational agency’s ap-
plication under section 2126, any school plan
under part A of title I of this Act, and any other
plan for professional development or curricula
development carried out with Federal, State, or
local funds; and
‘‘(2) may use not more than 20 percent of such
funds for district-level professional or curricula devel-
opment activities, which may include the participa-
tion of administrators and policymakers if such ac-
tivities directly support instructional personnel.
‘‘(b) AUTHORIZED
ACTIVITIES.—Each local edu-
cational agency and school that receives funds under this
subpart shall use such funds for activities that give teachers
and administrators the knowledge and skills to provide stu-
dents with the opportunity to meet challenging State or
local content and performance standards. Funds received
229
by local educational agencies under this subpart only shall
be used for the activities specified under subsections (c) and
(d). No less than 80 percent of those funds shall be used
for activities under subsection (c) and not more than 20
percent for activities under subsection (d).
‘‘(c) PROFESSIONAL DEVELOPMENT.—If a needs as-
sessment conducted under section 2126(b) determines that
funds under this subpart should be used to provide profes-
sional development in the core academic subjects for teach-
ers and other school staff, the local educational agency shall
use such funds for professional development for teachers and
other staff to support teaching consistent with State, or
local content standards, and shall, to the extent practicable,
coordinate such activities with institutions of higher edu-
cation and activities under section 2129:
‘‘(1) Professional development activities funded
under this subpart shall—
‘‘(A) be tied to challenging State or local
content and student performance standards;
‘‘(B) reflect recent research on teaching and
learning;
‘‘(C) incorporates effective strategies, tech-
niques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
230
limited-English proficient individuals, and eco-
nomically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging performance standards;
‘‘(D) include strong academic content and
pedagogical components;
‘‘(E) be of sufficient intensity and duration
to have a positive and lasting impact on the
teacher’s performance in the classroom; and
‘‘(F) be part of the everyday life of the
school and create an orientation toward continu-
ous improvement throughout the school.
‘‘(2) Funds under this subpart may be used for
professional development activities such as—
‘‘(A) professional development for teams of
teachers, administrators, or other staff from indi-
vidual schools, to support teaching consistent
with State or local content standards;
‘‘(B) support and time for teachers and
other school staff to participate in professional
development in the core subjects offered through
professional associations, universities, commu-
nity-based organizations, and other providers in-
cluding museums and educational partnership
organizations;
231
‘‘(C) activities that provide followup for
teachers who have participated in professional
development activities that are designed to en-
sure that knowledge and skills learned by the
teacher are implemented in the classroom;
‘‘(D) support for partnerships between
schools, consortia of schools, or local education
agencies and institutions of higher education, in-
cluding but not limited to schools of education,
which would encourage teachers to participate in
intensive, ongoing professional development pro-
grams, both academic and pedagogical, at insti-
tutions of higher education, and to encourage
students at institutions of higher education
studying to become teachers to have direct, prac-
tical experience at the schools;
‘‘(E) the establishment and maintenance of
local professional networks that provide a forum
for interaction among teachers and that allow
exchange of information on advances in content
and pedagogy;
‘‘(F) activities to prepare teachers in the ef-
fective use of educational technology as an in-
structional tool for increasing student under-
standing of the core academic subject areas;
232
‘‘(G) activities to enable teachers to ensure
that girls, young women, minorities, limited-
English proficient students, individuals with dis-
abilities, and economically disadvantaged indi-
viduals the opportunity to achieve the challeng-
ing State performance standards in the core aca-
demic subjects;
‘‘(H) professional development and recruit-
ment activities designed to increase the number
of minorities, individuals with disabilities, and
females teaching in the core academic subject in
which they are underrepresented;
‘‘(I) the development of incentive strategies
for rewarding schools where a substantial por-
tion of the teachers achieve certification by the
National Board for Professional Teaching Stand-
ards; and
‘‘(J) other sustained and intensive high-
quality professional development activities in the
core academic subjects.
‘‘(d) CURRICULUM DEVELOPMENT.—(1) If the needs
assessment of a local educational agency determines that
funds under this subpart should be used for curriculum de-
velopment, such agency shall use the funds provided to de-
233
velop high quality curricula that is aligned with State or
local content and performance standards.
‘‘(2) Funds may be used to purchase the curriculum
materials to the extent such materials are essential compo-
nents of the local educational agency’s plan to improve
teaching and learning in the core academic subjects.
‘‘SEC. 2129. HIGHER EDUCATION ACTIVITIES.
‘‘(a) GENERAL.—(1) The State agency for higher edu-
cation, working in conjunction with the State educational
agency (if it is a separate agency), shall make grants to,
or enter into contracts or cooperative agreements with, in-
stitutions of higher education and nonprofit organizations
including museums and educational partnership organiza-
tions, which demonstrate consultation and cooperation with
a local education agency, consortium of local education
agencies, or schools, for—
‘‘(A) professional development activities in
the core academic subject areas that contribute to
the State plan for professional development;
‘‘(B) engaging teachers in the development
of high-quality curricula that are aligned with
State or local content and performance stand-
ards;
‘‘(C) developing and providing assistance to
local education agencies, and the teachers and
234
staff of each such agency, for sustained, high-
quality professional development activities; and
‘‘(D) improving teacher education programs
in order to promote further innovation in teach-
er education programs within an institution of
higher education and to better meet the needs of
the local education agencies for well-prepared
teachers;
‘‘(2) All such awards shall be made on a competitive
basis.
‘‘(3) No institution of higher education may receive as-
sistance under subsection (a)(1) of this subsection unless the
institution enters into an agreement with a local education
agency, or consortium of such agencies, to provide sus-
tained, high-quality professional development for the ele-
mentary and secondary school teachers in the schools of each
such agency.
‘‘(4) Each project funded under this section shall in-
volve a joint effort of the recipient’s school or department
of education and the schools or departments in the specific
disciplines in which assistance may be provided.
‘‘(b) ALLOWABLE ACTIVITIES.—A recipient of funds
under this section shall use those funds for—
‘‘(1) sustained and intensive high-quality profes-
sional development for teams of teachers, or teachers
235
and administrators from individual schools or dis-
tricts;
‘‘(2) other sustained and intensive professional
development activities related to achievement of the
State plan for professional development such as—
‘‘(A) establishment and maintenance of pro-
fessional networks of teachers that provide a
forum for interaction among teachers and that
allow exchange of information on advances in
content and pedagogy;
‘‘(B) programs that prepare teachers to be
effective users of information technology, able to
integrate technology into their pedagogy and
their instructional practices, and able to enhance
their curricular offerings by appropriate appli-
cations of technology;
‘‘(C) programs that utilize information
technology to deliver sustained and intensive
high quality professional development activities
for teachers;
‘‘(D) activities to enable teachers to ensure
that girls, young women, minorities, limited-
English proficient students, individuals with dis-
abilities, and economically disadvantaged indi-
viduals have the opportunity to achieve the chal-
236
lenging State performance standards in the core
academic subjects;
‘‘(E) professional development and recruit-
ment activities designed to increase the number
of minorities, individuals with disabilities, and
other underrepresented groups teaching in the
core academic subjects, particularly in mathe-
matics and science;
‘‘(F) establishment of professional develop-
ment academies operated as partnerships be-
tween one or more elementary or secondary
schools and one or more institutions of higher
education to provide school-based teacher train-
ing that provides prospective, novice, and experi-
enced teachers with an opportunity to work
under the guidance of master teachers and college
faculty members; and
‘‘(G) technical assistance to local edu-
cational agencies in providing sustained and in-
tensive high quality professional development ac-
tivities for teachers.
‘‘Subpart 3—General Provisions
‘‘SEC. 2131. REPORTING AND ACCOUNTABILITY.
‘‘(a) STATES.—Each State that receives funds under
this part shall submit a report to the Secretary every 3
237
years on the State’s progress toward the performance indi-
cator identified in its State plan, as well as on the effective-
ness of State and local activities under this part.
‘‘(b) LOCAL EDUCATIONAL AGENCIES.—Each local
educational agency that receives funds under this part shall
submit a report to the State every 3 years on its progress
toward the outcome performance indicators in its plan.
‘‘(c) FEDERAL EVALUATION.—The Secretary shall re-
port to the President and Congress on the effectiveness of
programs and activities funded under this part.
‘‘(d) PROHIBITION ON FUNDS BEING USED FOR CON-
STRUCTION OR RENOVATION.—Funds received under this
part shall not be used for construction or renovation of
buildings, rooms, or any other facilities.
‘‘SEC. 2132. DEFINITIONS.
‘‘As used in this part, the following terms have the fol-
lowing meanings:
‘‘(1) The term ‘core academic subjects’ means
those subjects listed in the State plan under title III
of the Goals 2000: Educate America Act or under Na-
tional Education Goal Three as set out in section
102(3) of such Act.
‘‘(2) The term ‘performance indicators’ means
measures of specific outcomes that the State or local
educational agency identifies as assessing progress to-
238
ward the goal of ensuring that all teachers have the
knowledge and skills to assist their students to meet
challenging State standards in the core academic sub-
ject areas. Examples of such indicators include—
‘‘(A) the degree to which licensure require-
ments are tied to State standards;
‘‘(B) specific increases in the number of ele-
mentary and secondary teachers with strong con-
tent backgrounds in the core academic subjects;
‘‘(C) incorporates effective strategies, tech-
niques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
limited-English proficient individuals, and eco-
nomically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging performance standards; and
‘‘(D) specific increases in the number of
Board certified teachers licensed in each core
subject.
‘‘(3) The term ‘sustained and intensive high-
quality professional development’ means professional
development activities that—
239
‘‘(A) are tied to challenging State or vol-
untary national content and performance stand-
ards;
‘‘(B) reflect up-to-date research in teaching
and learning and include integrated content and
pedagogical components;
‘‘(C) incorporates effective strategies, tech-
niques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
limited English proficient individuals, and eco-
nomically disadvantaged individuals, in order to
assure that all students have the opportunity to
achieve challenging performance standards;
‘‘(D) are of sufficient intensity and dura-
tion to have a positive and lasting impact on the
teacher’s performance in the classroom or the ad-
ministrator’s performance on the job; and
‘‘(E) recognize teachers as an important
source of knowledge that should inform and help
shape professional development.
‘‘(4) The term ‘local standard’ means challenging
content and performance standards in the core sub-
jects (in addition to State content and performance
standards approved by the State for title I).
240
‘‘PART B—TECHNOLOGY EDUCATION ASSISTANCE
‘‘Subpart 1—Assistance to State and Local
Educational Agencies
‘‘SEC. 2201. SHORT TITLE.
‘‘This title may be cited as the ‘Technology Education
Assistance Act of 1994’.
‘‘SEC. 2202. FINDINGS.
‘‘The Congress finds that—
‘‘(1) technology can produce far greater opportu-
nities for all students to learn to high standards and
promote efficiency and effectiveness in education;
‘‘(2) the use of technology as a tool in the teach-
ing and learning process is essential to the develop-
ment and maintenance of a technologically literate
citizenry 
and 
an 
internationally 
competitive
workforce;
‘‘(3) the acquisition and use of technology in
education throughout the United States has been in-
hibited by the absence of Federal leadership, the in-
ability of many State and local educational agencies
to invest in and support needed technologies, and the
limited availability of appropriate technology-en-
hanced curriculum, instruction, teacher training, and
administrative support resources and services in the
educational marketplace;
241
‘‘(4) educational equalization concerns and
school restructuring needs can be addressed through
educational telecommunications and technology by of-
fering universal access to high-quality teaching and
programs, particularly in urban and rural areas;
‘‘(5) in the absence of appropriate educational
technology policies, the disparity between rich and
poor students will become even greater in a world
where technology and telecommunications increas-
ingly have become an integral part of many house-
holds;
‘‘(6) the increasing use of new technologies and
telecommunications systems in business and industry
has furthered the gap between schooling and work
force preparation;
‘‘(7) telecommunications can be a conduit for on-
going teacher training and improved professional de-
velopment by providing to teachers constant access to
updated research in teaching and learning;
‘‘(8) research consistently shows that the planned
use of technology combined with teachers who are ade-
quately trained in its use can increase opportunities
for more students to develop higher order thinking
and technical skills than is possible with traditional
instruction;
242
‘‘(9) technology can engage students in learning
through media with which they are comfortable, and
prove to be an effective learning tool, particularly
when correlated with State and national curriculum
standards;
‘‘(10) schools need new ways of financing the ac-
quisition and maintenance of educational technology;
and
‘‘(11) the needs for educational technology differ
from State to State.
‘‘SEC. 2203. STATEMENT OF PURPOSE.
‘‘The purpose of this Act is to support a comprehensive
system for the acquisition and use by elementary and sec-
ondary schools in the United States of technology and tech-
nology-enhanced curricula, instruction, and administrative
support resources and services to improve the delivery of
educational services, such system shall include—
‘‘(1) national leadership with respect to the need
for, and the provision of, appropriate technology-en-
hanced curriculum, instruction and administrative
programs to improve learning in the United States;
‘‘(2) funding mechanisms which will support the
development, interconnection, implementation, im-
provement and maintenance of an effective edu-
cational technology infrastructure;
243
‘‘(3) information dissemination networks to fa-
cilitate access to information on effective learning
programs, assessment and evaluation of such pro-
grams, research findings, and supporting resources
(including instructionally based, technology-enhanced
programs, research and resources) by educators
throughout the United States;
‘‘(4) an extensive variety of opportunities for
teacher, inservice training, and administrative train-
ing and technical assistance with respect to effective
uses of technologies in education;
‘‘(5) utilizing and strengthening, not duplicat-
ing, existing telecommunications infrastructures dedi-
cated to educational purposes;
‘‘(6) development and evaluation of new and
emerging educational technologies and telecommuni-
cations networks;
‘‘(7) assessment data regarding state-of-the-art
uses of technologies in United States education upon
which commercial and noncommercial telecommuni-
cations entities, and governments can rely on for deci-
sionmaking about the need for, and provision of, ap-
propriate technologies for education in the United
States; and
‘‘(8) authorize grants to States that—
244
‘‘(A) improve the academic performance of
students through technology;
‘‘(B) strengthen the skills of teachers in ef-
fectively utilizing technology for student learn-
ing;
‘‘(C) promote the planned application of
technology in education by those who will use the
technology; and
‘‘(D) encourage collaborative relationships
between the State agency for higher education,
the State library administrative agency and the
State telecommunications agency for education
and the State educational agency in the area of
technology support to strengthen the system of
education.
‘‘SEC. 2204. DEFINITIONS.
‘‘For purposes of this title—
‘‘(1) the terms ‘library’ and ‘State library ad-
ministrative agency’ shall have the same meaning
given to such terms in section 3 of the Library Serv-
ices and Construction Act (Public Law 84–579);
‘‘(2) the term ‘Regional Education Laboratory’
shall have the same meaning given to such term in
section 405 of the Department of Education Organi-
zation Act (Public Law 96–88);
245
‘‘(3) the term ‘technology’ includes closed circuit
television systems, public telecommunications entities,
cable television, satellite, copper and fiber optic trans-
mission, computer, video and audio laser and CD
ROM disc, video and audio tapes or other tech-
nologies;
‘‘(4) the term ‘credit enhancement’ means a fi-
nancial arrangement that enhances the credit quality
of the issuer or the financial instrument being used;
and
‘‘(5) the term ‘interoperability’ means the ability
to communicate with operating systems developed na-
tionally and internationally using multiple network
media.
‘‘SEC. 2205. IN-STATE APPORTIONMENT.
‘‘(a) AUTHORIZATIONS.—The Secretary is authorized
to make grants to States in accordance with the provisions
of this title to strengthen the skills of educators and improve
learning through the use of technology.
‘‘(b) ELEMENTARY, SECONDARY EDUCATION PRO-
GRAMS.—(1) For each fiscal year, an amount equal to 70
percent of each State’s allotment under section 2212(a)(2)
shall be used for elementary and secondary education pro-
grams by the State educational agency in accordance with
section 2206.
246
‘‘(2) Not less than 90 percent of a State’s allotment
under this subsection shall be available to local educational
agencies including services to adults and families of which
not more than 5 percent of the funds available to the local
educational agency for any fiscal year may be used for local
administration.
‘‘(3) Not more than 10 percent of the amount allocated
under subsection (a) may be used by the State educational
agency for technical assistance and administrative costs of
which not less than 50 percent shall be used for technical
assistance.
‘‘(c) HIGHER EDUCATION PROGRAMS.—(1) For each
fiscal year 20 percent of each State’s allotment under sec-
tion 2212(a)(2) shall be used by the State higher education
agency designated in the State plan for partnership pro-
grams between local educational agencies, including edu-
cational services to adults and families and higher edu-
cation institutions in accordance with section 2207.
‘‘(2) Not less than 90 percent of the amount available
for this subsection shall be used by the State for grants to
institutions of higher education for partnership programs
in accordance with the provisions of section 2207.
‘‘(3) Not more than 10 percent of the amount allocated
to the State’s higher education partnership program under
this section, may be used for the costs incurred for the eval-
247
uation of programs assisted under section 2207; and for ad-
ministrative costs of the State’s higher education agency
designated in the State plan.
‘‘(d) LIBRARY AND LITERACY PROGRAMS.—(1) For
each fiscal year 10 percent of each State’s allocation under
section 2212(a)(2) shall be used by the State library admin-
istrative agency to support collaborative activities among
libraries, literacy programs, and local educational agencies
in accordance with section 2208.
‘‘(2) Not less than 90 percent of the amount available
for this section shall be used by the State for grants to local
public libraries and literacy programs in accordance with
the provisions of section 2208.
‘‘(3) Not more than 10 percent of the amount available
under this section may be used by the State for the costs
incurred for evaluation of programs assisted under section
2208 and for administrative costs of the State library ad-
ministrative agency.
‘‘SEC. 2206. ELEMENTARY AND SECONDARY EDUCATION
PROGRAMS.
‘‘(a) IN GENERAL.—The amount apportioned under
section 2205(b) from each State’s allotment shall be used
by the State educational agency to strengthen elementary
and secondary education programs in accordance with the
provisions of this section.
248
‘‘(b) LOCAL EDUCATIONAL AGENCIES.—(1) Each local
educational agency, including educational services for
adults and families, shall use the educational technology
funds available under section 2205(b)(2) for—
‘‘(A) developing, adapting, or expanding existing
and new applications of technology to support the
school reform effort; and
‘‘(B) funding projects of sufficient size and scope
to improve student learning and, as appropriate, sup-
port professional development, and provide adminis-
trative support.
‘‘(2) To be eligible to receive educational technology
funds under this section for school or other school managed
alternative learning environment, a local educational agen-
cy must submit an application to the State educational
agency. If the local educational agency has an application
approved by the State under title III of the Goals 2000:
Educate America Act, the application required by this sec-
tion shall be a component of (or if necessary an addendum
to) its Goals 2000 application. The local educational agency
must also receive State approval of a technology use plan
which includes—
‘‘(A) a description of how the local educational
agency plans to use the financial assistance received
under section 2205(b)(2) to improve the use of tech-
249
nology in instruction, professional development and
administration;
‘‘(B) a description of how funds under section
2205(b)(2) will be coordinated with other State, local
and Federal resources;
‘‘(C) a description of how the school programs
will use other resources of the community and involve
public agencies, private industry, institutions of high-
er education, public and private nonprofit organiza-
tions, and other appropriate institutions;
‘‘(D) assurances that the programs will be evalu-
ated and outcomes reported in terms of the level of
implementation of the technology-based resources
funded by this title, the impact on teaching and
learning, the changes in the school program, and the
extent to which the school will sustain the project
after funding is terminated;
‘‘(E) a description of how the plan will support
State and local content and performance standards;
‘‘(F) provisions to support, as needed, individual
teachers to develop and implement technology-based
intervention projects, including those which respond
to the needs of students with disabilities;
‘‘(G) a description of how the financial assist-
ance will be used as appropriate for the expansion
250
and improvement of professional development of
teachers and other appropriate personnel regarding
the use of technology, including the educational use of
computers, videos, and telecommunications to enhance
learning such training and instruction may be car-
ried out through agreements with public agencies, pri-
vate industry, institutions of higher education, re-
gional educational laboratories and national research
centers, nonprofit organizations, (including museums)
libraries, educational television stations;
‘‘(H) a description of a strategy for the enhanced
involvement of parents through the use of technology;
and
‘‘(I) a description of how the plan will address
the needs of students with disabilities.
‘‘(3) A local educational agency for any fiscal year
may apply for financial assistance as part of a consortium
with other local educational agencies, institutions of higher
education, intermediate educational units, libraries, or
other appropriate educational entities to provide local pro-
grams. The State educational agency may assist in the for-
mation of consortia between local educational agencies, pro-
viders of educational services for adults and families, insti-
tutions of higher education, intermediate educational units,
libraries, or other appropriate educational entities to pro-
251
vide services for the teachers and students in a local edu-
cational agency at the request of such local educational
agency.
‘‘SEC. 2207. HIGHER EDUCATION PROGRAMS.
‘‘(a) IN GENERAL.—The amount apportioned under
section 2205(c) from each State’s allotment shall be used
by the State for education programs in accordance with the
provisions of this section.
‘‘(b) GRANTS
TO INSTITUTIONS
OF HIGHER EDU-
CATION.—(1) The State agency for higher education, in ac-
cordance with the State educational technology plan filed
under section 2209, shall make grants available on a com-
petitive basis to institutions of higher education in the State
which form partnerships with one or more local educational
agencies.
‘‘(2) The amount available under section 2205(c)(2)
shall be used for—
‘‘(A) professional development for new teachers
in the use of technology as an educational tool;
‘‘(B) professional development for elementary,
secondary, adult and family, and vocational school
teachers and training for other appropriate school
personnel to improve their ability to use educational
technology in their teaching; and
252
‘‘(C) programs to improve student performance
in academic and work skill areas through the use of
technology.
‘‘(3) No institution of higher education may receive as-
sistance under paragraph (2)(A), (B), and (C) unless the
institution enters into an agreement with a local edu-
cational agency, or consortium of such agencies, to provide
professional development for the elementary and secondary
school teachers in the public and private schools of the
school district of each agency.
‘‘(c) COOPERATIVE PROGRAM.—The State higher edu-
cation agency may use funds described in section 2205(c)(2)
to achieve the objectives of section 2207 by establishing coop-
erative programs among institutions of higher education,
private industry, and non-profit organizations, that in-
clude one or more local education agencies, for the develop-
ment and dissemination of projects to improve student per-
formance in academic or work skill areas.
‘‘(d) REPORTING.—In accordance with section 2205(c),
5 percent of the funding available for higher education part-
nerships may be used by the agency for higher education
for evaluating the programs funded under this section. Re-
ports on the progress of programs shall be provided to the
State educational agency annually.
253
‘‘SEC. 2208. LIBRARY AND LITERACY PROGRAMS.
‘‘(a) IN GENERAL.—Except as provided in paragraph
(2), the amount apportioned under section 2205(d) from
each State’s allotment under this section shall be used by
the State to assist literacy and education programs in ac-
cordance with the provisions of this section.
‘‘(b) GRANTS TO LOCAL PUBLIC LIBRARIES.—(1) In
accordance with the State education technology plan filed
under section 2209, the State library administrative agency
shall make grants available on a competitive basis to local
public libraries in the State which demonstrate involvement
of one or more local educational agencies and literacy pro-
grams or organizations in their activities.
‘‘(2) The amount available under section 2205(d)(2)
shall be used for—
‘‘(A) developing programs that help libraries,
local educational agencies, and literacy programs use
technology to share services and resources and develop
collaborative activities that improve their perform-
ance and that of the students in academic and work
skill areas; and
‘‘(B) professional development for library, lit-
eracy, and other appropriate personnel to improve
their skills in the use of educational technology and
telecommunications.
254
‘‘(c) COOPERATIVE PROGRAM.—The State library ad-
ministration agency may use funds described in section
2205(d)(2) to achieve the objectives of section 2208 by estab-
lishing cooperative programs among public libraries, lit-
eracy organizations, private industries, and nonprofit edu-
cation organizations, if such programs include one or more
local educational agencies.
‘‘(d) 
REPORTING.—In 
accordance 
with 
section
2205(d), funding available for library and literacy pro-
grams may be used by the library administrative agency
for reporting and evaluating the programs funded under
this section. Reports on the progress of programs shall be
provided to the State educational agency annually.
‘‘SEC. 2209. STATE EDUCATIONAL TECHNOLOGY PLAN.
‘‘(a) APPLICATION.—(1) Each State educational agen-
cy which desires to receive a grant under this title shall,
in consultation with the State agency for higher education
and the State library administrative agency, file a single
educational technology plan with the Secretary of Edu-
cation which covers a period of 5 fiscal years. The State
educational agency shall be responsible for funding, super-
vising, and coordinating programs described under this
title and shall file the educational technology plan at such
time, in such manner, and containing or accompanied by
such financial, educational and technological information
255
as this section requires or as the Secretary may reasonably
require.
‘‘(2) Such plan shall be—
‘‘(A) integrated with the State’s plan either ap-
proved or being developed under the Goals 2000: Edu-
cate America Act, and shall satisfy the requirements
of this section that are not already addressed by that
State plan; or
‘‘(B) if the State does not have an approved plan
under the Goals 2000: Educate America Act and is
not developing such a plan, integrated with other
State plans under this Act and satisfy the require-
ments of this section.
‘‘(b) CONTENTS
OF
THE PLAN.—Each such plan
shall—
‘‘(1) designate the State agency or agencies re-
sponsible for administering the elementary and sec-
ondary adult and family programs under section
2206, and the higher education programs under sec-
tion 2207 and designate the State library administra-
tive agency to administer the library and literacy
programs under section 2208 in support of improved
student learning;
‘‘(2) describe a financial plan developed by the
State educational agency, which shall describe—
256
‘‘(A) financial assistance mechanisms to
best fit the technology needs of the State. Such
mechanisms, which must be included in the plan,
may include, but not be limited to—
‘‘(i) grants;
‘‘(ii) matching grants;
‘‘(iii) loans;
‘‘(iv) loan guarantees; and
‘‘(v) other credit enhancements.
‘‘(B) describe criteria and approving proce-
dures for submitting applications for programs
described in sections 2206, 2207, and 2208 for
funding assistance under section 2205 within the
State;
‘‘(C) delineate processes for auditing and
monitoring the use of funds by recipients;
‘‘(D) describe priorities for awarding funds
under various funding mechanisms; and
‘‘(E) construe nothing in subsection (b)(2)
to implicitly or explicitly imply that the funds
made available under this subsection, through
whatever mechanism is chosen by the State agen-
cy, and recommended for approval to the Sec-
retary are backed by the full faith and credit of
the Federal Government;
257
‘‘(3) designate the State education agency or an-
other single agency to carry out the financial plan de-
veloped by the State education agency and to allocate
funds received under sections 2205 and 2212(a)(2).
Such designated agency shall be responsible for—
‘‘(A) maintaining appropriate records of al-
location of funds, and, in the case of loans, ade-
quate collection procedures and records;
‘‘(B) reporting annually to the Secretary
on the use of funds received under section
2212(a)(2);
‘‘(4) describe an implementation strategy to co-
ordinate the expenditure of financial assistance paid
under sections 2205 and 2212(a)(2) with other State
and local funds, other Federal funds and resources;
‘‘(5) provide assurances that financial assistance
provided under section 2205 shall supplement, not
supplant, State and local funds;
‘‘(6) describe how business, industry, and other
public and private agencies, including libraries, lit-
eracy programs, and institutions of higher education,
can participate in the implementation, ongoing plan-
ning, and support of the plan;
‘‘(7) delineate educational problems and needs in
the State, describe all learning environments sup-
258
ported by the State plan, and specify how the appli-
cation of technology will address those and other
needs including but not limited to the special needs
of—
‘‘(A) urban and rural schools;
‘‘(B) students with disabilities; and
‘‘(C) disadvantaged students;
‘‘(8) provide assurances that—
‘‘(A) during the 5-year period of the plan,
the State shall evaluate its standards for teacher
preparation in the use of technology; and
‘‘(B) programs conducted with State funds
available under this title shall be evaluated and
an evaluation report shall be submitted to the
Secretary at the close of the third year of fund-
ing;
‘‘(9) describe how the State educational agency
will promote the purchase of equipment by local
school districts and schools that, when placed in oper-
ation, will provide the greatest accessibility and eq-
uity for students and meet the highest level of inter-
operability and open system design within the emerg-
ing broad-based electronic information highway that
includes schools within the State;
259
‘‘(10) describe the State’s strategy for ensuring
that teachers, administrators and other education per-
sonnel have access to the necessary staff development
and technical assistance to improve teaching and
learning, school administration, and the electronic
transfer of, and access to, information;
‘‘(11) establish a method for continuously gather-
ing and disseminating current and emerging infor-
mation on all aspects of educational technology to all
educators within the State;
‘‘(12) describe how the State’s planned use of
technology is supportive of the national education
goals;
‘‘(13) provide performance indicators and an
evaluation method for the State plan; and
‘‘(14) create a planning process through which
such plan is reviewed and updated periodically.
‘‘(c) APPROVAL OF PLANS.—(1) The State educational
agency shall submit a plan for approval to the Secretary
who shall expeditiously review such State plan.
‘‘(2) Any State that submits a plan that is not
approved shall receive assistance from the Secretary to im-
prove its plan.
260
‘‘SEC. 2210. LOCAL EDUCATIONAL TECHNOLOGY PLAN.
‘‘(a) APPLICATION.—A local educational agency that
desires to receive financial assistance under section 2205,
shall submit to the State educational agency (singly or in
conjunction with other local educational agencies, institu-
tions of higher education, or an intermediate educational
unit) a plan which covers a 3-year period.
‘‘(b) CONTENTS OF THE PLAN.—A local educational
agency plan shall—
‘‘(1) assure that the programs will be evaluated,
and outcomes reported in terms of —
‘‘(A) the level of implementation of the tech-
nology-based resources funded by this title;
‘‘(B) the impact on teaching and learning;
and
‘‘(C) the extent to which the school or other
appropriate learning environments will sustain
the project after funding is terminated;
‘‘(2) be consistent with district level planning for
educational technology, and shall support the local
and State’s curriculum frameworks;
‘‘(3) make provision for technical support and
professional development as needed for individual
teachers to develop and implement technology-assisted
instruction; and
261
‘‘(4) provide a strategy for the enhanced involve-
ment of parents through the use of technology.
‘‘SEC. 2211. FEDERAL ADMINISTRATION.
‘‘(a) EVALUATION PROCEDURES.—The Secretary shall,
with State and local representatives, develop procedures for
State and local evaluations of the programs under this title.
‘‘(b) EVALUATION SUMMARY.—The Secretary shall
submit to the Congress 4 years after the enactment of this
bill a summary of the State evaluations of programs under
this subpart.
‘‘SEC. 2212. ALLOCATION OF FUNDS.
‘‘(a) IN GENERAL.—(1) From the amount appro-
priated under section 2213 for any fiscal year, the Sec-
retary shall reserve—
‘‘(A) not more than one half of one percent for
allocation among Guam, American Samoa, the Virgin
Islands, the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands according to their re-
spective needs for assistance under this subpart; and
‘‘(B) one half of 1 percent for programs for In-
dian students served by schools funded by the Sec-
retary of the Interior consistent with the purposes of
this subpart;
‘‘(2) The remainder of the amount so appropriated
after meeting the requirements of paragraph (1) shall be
262
allocated among the States (for purposes of this section, the
District of Columbia and Puerto Rico shall be considered
as States) with approved State plans under section 2209
as follows—
‘‘(A) 1⁄2 of such remainder shall be allocated
among the States by allocating to each State an
amount which bears the same ratio to such 1⁄2 of such
remainder as the number of children aged 5 to 17, in-
clusive, in the State bears to the number of such chil-
dren in all States;
‘‘(B) 1⁄2 of such remainder shall be allocated
among the States according to each State’s share of
allocations under part A of title I of the Elementary
and Secondary Education Act of 1965, except that no
State shall receive less than 1⁄2 of 1 percent of the
amount available under this subsection in any fiscal
year or less than the amount allotted to such State for
fiscal year 1988 under title II of the Education for
Economic Security Act;
‘‘(C) for the purposes of this subsection, the term
‘‘State’’ does not include Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, or the
Trust Territory of the Pacific Islands; and
‘‘(D) the number of children aged 5 to 17, inclu-
sive, in the State and in all States shall be deter-
263
mined by the Secretary on the basis of the most recent
satisfactory data available to the Secretary.
‘‘(3) The Secretary shall make payments under para-
graphs (1)(A) and (1)(B) on whatever terms the Secretary
determines will best carry out the purposes of title I of this
Act.
‘‘(b) REALLOTMENT
OF UNUSED FUNDS.—(1) The
amount of any State’s allotment under subsection (a) for
any fiscal year which the Secretary determines will not be
required for such fiscal year to carry out part B of title
II shall be available for reallotment from time to time, on
such dates during such year as the Secretary may deter-
mine, to other States in proportion to the original allot-
ments to such States under subsection (a) for such year,
but with such proportionate amount for any of such other
States being reduced to the extent it exceeds the sum the
Secretary estimates such State needs and will be able to
use for such year.
‘‘(2) The total of reductions under paragraph (1) shall
be similarly reallotted among the States whose propor-
tionate amounts were not so reduced. Any amounts reallot-
ted to a State under this subsection during a year shall
be deemed a subpart of its allotment under subsection (a)
for such year.
264
‘‘SEC. 2213. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $300,000,000
for this subpart for 1995 and such sums as may be nec-
essary for each of the fiscal years 1996 through 1999.
‘‘Subpart 2—Research, Development, and
Demonstration of Educational Technology
‘‘SEC. 2214. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) technology has the potential to assist and
support the improvement of teaching and learning in
schools and other settings;
‘‘(2) technology can provide students, parents,
teachers, and other education professionals with in-
creased access to information, instruction, and edu-
cational services in schools and other settings, includ-
ing homes, libraries, preschool and child-care facili-
ties, and postsecondary institutions;
‘‘(3) technology can produce far greater opportu-
nities for all students to learn to high standards and
to promote efficiency and effectiveness in education;
and
‘‘(4) the rapidly changing nature of technology
requires coordination and flexibility in Federal lead-
ership.
‘‘(b) PURPOSES.—The purposes of this subpart are to
promote achievement of the National Education Goals and
265
to increase the opportunity for all students to achieve to
challenging State standards by—
‘‘(1) promoting awareness of the potential of
technology for improving teaching and learning;
‘‘(2) supporting State and local efforts to in-
crease the effective use of technology for education;
‘‘(3) demonstrating ways in which technology
can be used to improve teaching and learning, and to
help ensure that all students have an equal oppor-
tunity to meet challenging State education standards;
‘‘(4) ensuring the availability of knowledge
drawn from research and experience that can form
the basis for sound State and local decisions about in-
vestment in, and effective uses of, educational tech-
nology;
‘‘(5) promoting high-quality professional develop-
ment opportunities for teachers and administrators
on the integration of technology into instruction and
administration;
‘‘(6) ensuring that Federal technology-related
policies and programs facilitate the use of technology
in education; and
‘‘(7) ensuring that, as technological advances are
made, the educational uses of these advances are con-
sidered and their applications are developed.
266
‘‘SEC. 2215. OFFICE OF EDUCATIONAL TECHNOLOGY.
‘‘There is established in the Department an Office of
Educational Technology, which shall be administered by a
Director of Educational Technology appointed by the Sec-
retary. The Office of Educational Technology, in consulta-
tion with other appropriate agencies, shall provide leader-
ship to the Nation in the use of technology to promote
achievement of the National Education Goals and to in-
crease opportunities for all students to achieve to challeng-
ing State standards, and shall perform such additional
functions as the Secretary may require.
‘‘SEC. 2216. NATIONAL LONG-RANGE PLAN.
‘‘(a) IN GENERAL.—(1) The Secretary shall develop
and publish by September 30, 1995, and update when ap-
propriate, a national long-range plan to carry out the pur-
poses of this subpart.
‘‘(2) The Secretary shall—
‘‘(A) develop the plan in consultation with other
Federal agencies, State and local education practi-
tioners and policy-makers, experts in technology and
the educational applications of technology, and pro-
viders of technology services and products;
‘‘(B) transmit the plan to the President and to
the appropriate committees of the Congress; and
‘‘(C) publish the plan in a form that is readily
accessible to the public.
267
‘‘(b) CONTENTS OF THE PLAN.—The national long-
range plan shall describe the Secretary’s activities to pro-
mote the purposes of this subpart, including—
‘‘(1) how the Secretary will encourage the effec-
tive use of technology to provide all students the op-
portunity to achieve to challenging State standards,
especially through programs administered by the De-
partment;
‘‘(2) joint activities with other Federal agencies,
such as the National Endowment for the Humanities,
the National Endowment for the Arts, the National
Aeronautics and Space Administration, the National
Science Foundation, and the Departments of Com-
merce, Energy, Health and Human Services, and
Labor, to promote the use of technology in education,
and training and lifelong learning, including plans
for the educational uses of a national information in-
frastructure, and to ensure that the policies and pro-
grams of such agencies facilitate the use of technology
for educational purposes to the extent feasible;
‘‘(3) how the Secretary will work with educators,
State and local educational agencies, and appropriate
representatives of the private sector to facilitate the ef-
fective use of technology in education;
‘‘(4) how the Secretary will promote—
268
‘‘(A) increased access to the benefits of tech-
nology for teaching and learning for schools with
high concentrations of children from low-income
families;
‘‘(B) the use of technology to assist in the
implementation of State systemic reform strate-
gies;
‘‘(C) the application of technological ad-
vances to use in education; and
‘‘(D) increased opportunities for the profes-
sional development of teachers in the use of new
technologies;
‘‘(5) how the Secretary will determine, in con-
sultation with appropriate individuals, organizations,
and agencies, the feasibility and desirability of estab-
lishing guidelines and protocols to facilitate effective
use of technology in education; and
‘‘(6) the Secretary’s long-range measurable goals
and objectives relating to the purposes of this subpart.
‘‘SEC. 2217. FEDERAL LEADERSHIP.
‘‘(a) PROGRAM AUTHORIZED.—(1) In order to provide
Federal leadership in promoting the use of technology in
education, the Secretary, in consultation with the National
Science Foundation, the Department of Commerce, and
other appropriate Federal agencies, may carry out activi-
269
ties designed to achieve the purposes of this subpart directly
or by awarding grants (pursuant to a peer review process)
to, or entering into contracts with, State educational agen-
cies, local educational agencies, institutions of higher edu-
cation, or other public and private nonprofit or for-profit
agencies and organizations.
‘‘(2) For the purpose of carrying out coordinated or
joint activities consistent with the purposes of this subpart,
the Secretary may accept funds from, and transfer funds
to, other Federal agencies.
‘‘(b) USES OF FUNDS.—The Secretary may use funds
appropriated under this subpart for activities designed to
carry out the purpose of this subpart, and to meet the goals
and objectives of the national long-range plan under section
2216, including—
‘‘(1) planning grants to States and local edu-
cation agencies, to enable such entities to examine
and develop strategies for the effective use of tech-
nology to help achieve the objectives of the Goals 2000:
Educate America Act and the School-to-Work Oppor-
tunities Act of 1993;
‘‘(2) development grants to technical assistance
providers, to enable them to improve substantially the
services they offer to educators on the educational uses
of technology, including professional development;
270
‘‘(3) consulting with representatives of industry,
elementary and secondary education, higher edu-
cation, and appropriate experts in technology and its
educational applications in carrying out activities
under this subpart;
‘‘(4) research on, and the development of, guide-
lines and protocols to facilitate efficient and effective
use of technology in education;
‘‘(5) research on, and the development of, edu-
cational applications of the most advanced and newly
emerging technologies;
‘‘(6) the development, demonstration, and eval-
uation of applications of existing technology in pre-
school education, elementary and secondary edu-
cation, training and lifelong learning, and profes-
sional development of educational personnel;
‘‘(7) the development and evaluation of software
and other products, including television program-
ming, that incorporate advances in technology and
help achieve the National Education Goals and chal-
lenging State standards;
‘‘(8) the development, demonstration, and eval-
uation of model strategies for preparing teachers and
other personnel to use technology effectively to im-
prove teaching and learning;
271
‘‘(9) the development of model programs to dem-
onstrate the educational effectiveness of technology in
urban and rural areas and economically-distressed
communities;
‘‘(10) research on, and the evaluation of, the ef-
fectiveness and benefits of technology in education;
‘‘(11) conferences on, and dissemination of infor-
mation about, the uses of technology in education;
‘‘(12) the development of model strategies to pro-
mote gender equity concerning access to, and the use
of, technology in the classroom; and
‘‘(13) such other activities as the Secretary deter-
mines would meet the purposes of this subpart.
‘‘(c) NON-FEDERAL SHARE.—(1) Subject to paragraph
(2), the Secretary is authorized to require any recipient of
a grant or contract under this subpart to share in the cost
of its project, which share shall be announced through a
notice in the Federal Register and may be in the form of
cash or in-kind contributions, fairly valued.
‘‘(2) The Secretary may increase the non-Federal share
required of such recipient after the first year of the recipi-
ent’s project, except that such share may not exceed 50 per-
cent at any time during the recipient’s project.
272
‘‘SEC. 2218. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subpart, there
are authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 1995 through 1999.
‘‘Subpart 3—Star Schools Program
‘‘SEC. 2219. FINDINGS.
‘‘SEC. 3121. The Congress finds that—
‘‘(1) the Star Schools program has helped to en-
courage the use of distance learning strategies to serve
multi-State regions primarily by means of satellite
and broadcast television;
‘‘(2) in general, distance learning programs have
been used effectively to provide students in small,
rural, and isolated schools with courses and instruc-
tion, such as science and foreign language instruction,
that the local educational agency would not otherwise
have been able to provide; and
‘‘(3) distance learning programs could also be
used to—
‘‘(A) provide students in all types of schools
and local educational agencies with greater ac-
cess to high-quality instruction in the full range
of core academic subjects that would enable them
to meet challenging, internationally competitive,
educational standards;
273
‘‘(B) expand professional development op-
portunities for teachers;
‘‘(C) contribute to achievement of the Na-
tional Education Goals; and
‘‘(D) expand learning opportunities for
everyone.
‘‘SEC. 2220. STATEMENT OF PURPOSE.
‘‘The purpose of this subpart is to encourage the expan-
sion and use of distance learning programs and technologies
to help—
‘‘(1) improve teaching and learning;
‘‘(2) achieve the National Education Goals;
‘‘(3) all students learn to challenging State con-
tent standards; and
‘‘(4) increase participation in State and local
educational reform.
‘‘SEC. 2221. PROGRAM AUTHORIZED.
‘‘(a) STAR SCHOOL AWARDS.—The Secretary is au-
thorized, in accordance with this subpart, to make grants
to eligible entities for the Federal share of the cost of provid-
ing distance learning programs, including—
‘‘(1) developing, constructing, and acquiring tele-
communications facilities and equipment;
‘‘(2) developing and acquiring instructional pro-
gramming; and
274
‘‘(3) providing technical assistance regarding the
use of such facilities and instructional programming.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this subpart, there are authorized
to be appropriated such sums as may be necessary for each
of the fiscal years 1995 through 1999.
‘‘(c) LIMITATIONS.—(1) A grant under this section
shall not exceed—
‘‘(A) five years in duration; and
‘‘(B) $10,000,000 in any one fiscal year.
‘‘(2) Not less than 25 percent of the funds available
to the Secretary for any fiscal year under this subpart shall
be used for the cost of instructional programming.
‘‘(3) Not less than 50 percent of the funds available
to the Secretary for any fiscal year under this subpart shall
be used for the cost of facilities, equipment, teacher training
or retraining, technical assistance, or programming, for
local educational agencies that are eligible to receive assist-
ance under part A of title I of this Act.
‘‘(d) FEDERAL SHARE.—(1) The Federal share of the
cost of projects funded under this section shall not exceed
75 percent for the first and second years of the award, 60
percent for the third and fourth years, and 50 percent for
the fifth year.
275
‘‘(2) The Secretary may reduce or waive the require-
ment of the non-Federal share under paragraph (1) upon
a showing of financial hardship.
‘‘(e) AUTHORITY TO ACCEPT FUNDS FROM OTHER
AGENCIES.—The Secretary is authorized to accept funds
from other agencies to carry out the purposes of this section,
including funds for the purchase of equipment.
‘‘SEC. 2222. ELIGIBLE ENTITIES.
‘‘(a) ELIGIBLE ENTITIES.—(1) The Secretary may
make a grant under section 2221 to any eligible entity, pro-
vided that at least one local educational agency is partici-
pating in the proposed project.
‘‘(2) An eligible entity may include—
‘‘(A) a public agency or corporation established
for the purpose of developing and operating tele-
communications networks to enhance educational op-
portunities provided by educational institutions,
teacher training centers, and other entities, except
that any such agency or corporation shall represent
the interests of elementary and secondary schools that
are eligible to participate in the program under part
A of title I of this Act; or
‘‘(B) any two or more of the following, which
will provide a telecommunications network:
276
‘‘(i) a local educational agency that has a
significant number of elementary and secondary
schools that are eligible for assistance under part
A of title I of this Act, or elementary and second-
ary schools operated or funded for Indian chil-
dren by the Department of the Interior eligible
under section 1121(b)(1) of this Act;
‘‘(ii) a State educational agency;
‘‘(iii) an institution of higher education or
a State higher education agency;
‘‘(iv) a teacher training center or academy
that—
‘‘(I) provides teacher pre-service and
in-service training; and
‘‘(II) receives Federal financial assist-
ance or has been approved by a State agen-
cy;
‘‘(v)(I) a public or private entity with expe-
rience and expertise in the planning and oper-
ation of a telecommunications network, includ-
ing entities involved in telecommunications
through satellite, cable, telephone, or computer;
or
‘‘(II) a public broadcasting entity with such
experience; or
277
‘‘(vi) a public or private elementary or sec-
ondary school.
‘‘SEC. 2223. APPLICATIONS.
‘‘(a) GENERAL REQUIREMENT.—Each eligible entity
that desires to receive a grant under this subpart shall sub-
mit an application to the Secretary in such form, at such
time, and containing such information and assurances as
the Secretary may require.
‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each ap-
plication for a grant authorized under section 2221 shall—
‘‘(1) describe—
‘‘(A) how the proposed project will assist in
achieving the National Education Goals set out
in title I of the Goals 2000: Educate America
Act, how it will assist all students to have an op-
portunity to learn to challenging State stand-
ards, and how it will assist State and local edu-
cational reform efforts;
‘‘(B) the telecommunications facilities and
equipment and technical assistance for which as-
sistance is sought, which may include—
‘‘(i) the design, development, construc-
tion, 
and 
acquisition 
of 
district,
multidistrict, State, or multistate edu-
278
cational telecommunications networks and
technology resource centers;
‘‘(ii) microwave, fiber optics, cable,
and satellite transmission equipment, or
any combination thereof;
‘‘(iii) reception facilities, satellite time,
production 
facilities, 
and 
other 
tele-
communications equipment capable of serv-
ing the intended geographic area;
‘‘(iv) the provision of training services
to instructors who will be using the facili-
ties and equipment for which assistance is
sought in using such facilities and equip-
ment, and in integrating programs into the
class curriculum; and
‘‘(v) the development of educational
and related programming for use on a tele-
communications network;
‘‘(C) the types of programming that will be
developed to enhance instruction and training,
including an assurance that such programming
will be designed in consultation with profes-
sionals who are experts in the applicable subject
matter and grade level;
279
‘‘(D) how the eligible entity has engaged in
sufficient survey and analysis of the area to be
served to ensure that the services offered by the
eligible entity will increase the availability of
courses of instruction in English, mathematics,
science, foreign languages, arts, history, geog-
raphy, or other disciplines;
‘‘(E) the professional development policies
for teachers and other school personnel to be im-
plemented to ensure the effective use of the tele-
communications facilities and equipment for
which assistance is sought;
‘‘(F) the manner in which historically un-
derserved students (such as students from low-in-
come families, limited English proficient stu-
dents, disabled students, or students who have
low literacy skills) and their families will par-
ticipate in the benefits of the telecommunications
facilities, equipment, technical assistance, and
programming assisted under this subpart;
‘‘(G) 
how 
existing 
telecommunications
equipment, facilities, and services, where avail-
able, will be used;
‘‘(H) the activities or services for which as-
sistance is sought, such as—
280
‘‘(i) providing facilities, equipment,
training services, and technical assistance;
‘‘(ii) making programs accessible to in-
dividuals with disabilities through mecha-
nisms such as closed captioning and de-
scriptive video services;
‘‘(iii) linking networks around issues
of national importance (such as elections)
or to provide information about employ-
ment opportunities, job training, or student
and other social service programs;
‘‘(iv) sharing curriculum materials be-
tween networks;
‘‘(v) providing teacher and student
support services;
‘‘(vi) incorporating community re-
sources such as libraries and museums into
instructional programs;
‘‘(vii) providing professional develop-
ment for teachers, including, as appro-
priate, training to early childhood develop-
ment and Head Start teachers and staff
and vocational education teachers and staff;
and
281
‘‘(viii) providing programs for adults
at times other than the regular school day
in order to maximize the use of tele-
communications facilities and equipment;
and
‘‘(I) how the proposed project as a whole
will be financed and how arrangements for fu-
ture financing will be developed before the project
expires;
‘‘(2) provide an assurance that a significant por-
tion of any facilities, equipment, technical assistance,
and programming for which assistance is sought for
elementary and secondary schools will be made avail-
able to schools in local educational agencies that have
a high percentage of children counted for the purpose
of part A of title I of this Act; and
‘‘(3) provide an assurance that the applicant
will provide such information and cooperate in any
evaluation that the Secretary may conduct under this
subpart.
‘‘(c) PRIORITIES.—The Secretary shall, in approving
applications for grants authorized under section 2221, give
priority to applications that—
‘‘(1) propose high-quality plans to assist in
achieving one or more of the National Education
282
Goals as set out in title I of the Goals 2000: Educate
America Act, would provide instruction consistent
with State content standards, or would otherwise pro-
vide significant and specific assistance to States and
local educational agencies undertaking systemic edu-
cation reform under title III of the Goals 2000: Edu-
cate America Act; and
‘‘(2) would serve schools with significant num-
bers of children counted for the purposes of part A of
title I of this Act.
‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap-
plications for grants authorized under section 2221, the Sec-
retary shall, to the extent feasible, ensure an equitable geo-
graphic distribution of services.
‘‘SEC. 2224. LEADERSHIP AND EVALUATION ACTIVITIES.
‘‘(a) SET-ASIDE.—From amounts appropriated under
section 2221(b), the Secretary may reserve up to 10 percent
for national leadership, evaluation, and peer review activi-
ties.
‘‘(b) METHOD OF FUNDING.—The Secretary may fund
the activities described in subsection (a) directly or through
grants, contracts, and cooperative agreements.
‘‘(c) USES OF FUNDS.—(1) Funds reserved for leader-
ship activities may be used for—
283
‘‘(A) disseminating information, including lists
and descriptions of services available from recipients;
and
‘‘(B) other activities designed to enhance the
quality of distance learning activities nationwide.
‘‘(2) Funds reserved for evaluation activities shall be
used to conduct independent evaluations of the Star Schools
program under this subpart and of distance learning in
general, including—
‘‘(A) analyses of distance learning efforts, includ-
ing both Star Schools projects and efforts not funded
by the program under this subpart; and
‘‘(B) comparisons of the effects, including student
outcomes, of different technologies in distance learn-
ing efforts.
‘‘(3) Funds reserved for peer review activities may be
used for peer review of both proposals and funded projects.
‘‘SEC. 2225. DEFINITIONS.
‘‘For the purpose of this subpart, the following terms
have the following meanings:
‘‘(1) The term ‘educational institution’ means an
institution of higher education, a local educational
agency, or a State educational agency.
‘‘(2) The term ‘instructional programming’
means courses of instruction and training courses for
284
elementary and secondary students, teachers, and oth-
ers, and materials for use in such instruction and
training that have been prepared in audio and visual
form on tape, disc, film, or live, and presented by
means of telecommunications devices.
‘‘(3) The term ‘public broadcasting entity’ has
the same meaning given that term in section 397 of
the Communications Act of 1934.
‘‘Subpart 4—Development of Educational Technology
Products
‘‘SEC. 2226. EDUCATIONAL TECHNOLOGY PRODUCT DEVEL-
OPMENT.
‘‘(a) PURPOSE.—It is the purpose of this section to
support the development of curriculum-based learning re-
sources and systems using state-of-the-art technologies and
techniques designed to improve student learning.
‘‘(b) FEDERAL ASSISTANCE AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall provide
assistance, on a competitive basis, to eligible consortia
to enable such entities to develop, produce, and dis-
tribute state-of-the-art technology-enhanced instruc-
tional resources and programming for use in the
classroom or to support professional development for
teachers.
285
‘‘(2) GRANTS AND LOANS AUTHORIZED.—In car-
rying out the purposes of this section, the Secretary
is authorized to pay the Federal share of the cost of
the development, production, and distribution of
state-of-the-art technology enhanced instructional re-
sources and programming—
‘‘(A) by awarding grants to, or entering
into contracts or cooperative agreements with eli-
gible consortia; or
‘‘(B) by awarding loans to eligible consortia
which—
‘‘(i) shall be secured in such manner
and be repaid within such period, not ex-
ceeding 20 years, as may be determined by
the Secretary;
‘‘(ii) shall bear interest at a rate deter-
mined by the Secretary which shall be not
more than the total of one-quarter of 1 per-
cent per annum added to the rate of interest
paid by the Secretary on funds obtained
from the Secretary of the Treasury;
‘‘(iii) may be forgiven by the Sec-
retary, in an amount not to exceed 25 per-
cent of the total loan, under such terms and
286
conditions as the Secretary may consider
appropriate.
‘‘(3) FEDERAL SHARE.—The Secretary shall re-
quire any recipient of a grant, contract, or loan
under this section to share in the cost of the activities
supported with such assistance.
‘‘(4) ELIGIBLE CONSORTIUM.—For the purpose
of this section, the term ‘eligible consortium’ means a
consortium consisting of—
‘‘(A) State or local educational agencies in
partnership with business, industry, or tele-
communications entity;
‘‘(B) a business, industry, or telecommuni-
cations entity;
‘‘(C) a public or private nonprofit organiza-
tion; or
‘‘(D) an institution of higher education.
‘‘(5) PRIVATE SECTOR ADVISORY BOARD.—The
Secretary shall establish an advisory board which
shall provide advice and counsel to the Secretary con-
cerning the most effective means of implementing the
provisions of this section. Such board shall—
‘‘(A) include educators, school administra-
tors, and policymakers knowledgeable about the
287
technology and curriculum needs of State and
local education agencies;
‘‘(B) include representatives of private for-
profit and nonprofit entities engaged in the pro-
duction and development of educational software
and other technology-based learning resources;
‘‘(C) make recommendations to the Sec-
retary concerning the types and terms of Federal
financial assistance which promise to be most ef-
fective in advancing the purposes of this section;
‘‘(D) regularly evaluate the implementation
of this section.
‘‘(6) PRIORITIES.—In awarding assistance under
this section, the Secretary shall give priority to appli-
cations describing programs or systems that—
‘‘(A) promote the acquisition of higher-order
thinking skills and promise to raise the achieve-
ment levels of all students, particularly dis-
advantaged students who are not realizing their
potential;
‘‘(B) are aligned with challenging content
standards and State and local curriculum
frameworks;
‘‘(C) may be adapted and applied nation-
ally at a reasonable cost;
288
‘‘(D) covert technology resources developed
with support from the Department of Defense
and other Federal agencies for effective use in the
classroom;
‘‘(E) promise to reduce the costs of provid-
ing high-quality instruction;
‘‘(F) promise to expand access to high-qual-
ity instruction in content areas which would oth-
erwise not be available to students in rural and
urban communities or who attend other edu-
cational agencies with limited financial re-
sources.
‘‘(7) REQUIREMENTS
FOR
FEDERAL
ASSIST-
ANCE.—Each eligible consortium desiring Federal as-
sistance under this section shall submit an applica-
tion to the Secretary at such time and in such man-
ner as the Secretary may prescribe. Each application
shall include—
‘‘(A) a description of how the program or
system shall improve the achievement levels of
students;
‘‘(B) a description of how teachers associ-
ated with the program will be trained to inte-
grate technology in the classroom;
289
‘‘(C) a description of how the design, devel-
opment, piloting, field testing, and distribution
of the program or system will be carried out;
‘‘(D) an assurance that the program or sys-
tem shall effectively serve a large number or per-
centage of economically disadvantaged students;
‘‘(E) plans for dissemination to a wide au-
dience of learners; and
‘‘(F) provisions for closed captioning or de-
scriptive video where appropriate.
‘‘(c) EVALUATION.—The Secretary shall provide for the
independent evaluation of programs or systems developed
with assistance under this section and shall regularly collect
and disseminate to State and local educational agencies
and to the public information about the usefulness and effec-
tiveness of such programs or systems.
‘‘(d) ROYALTIES.—Notwithstanding any other provi-
sion of law, the Secretary is authorized to require that a
portion of any royalty paid as a result of assistance pro-
vided under this section be deposited in a central fund for
the purposes of—
‘‘(1) recovering all or part of the Federal share
of the costs of developing, producing, and distributing
the product for which such royalty is paid; and
‘‘(2) carrying out the provisions of this section.
290
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $50,000,000 for fiscal year 1995 and
such sums as may be necessary for fiscal years 1996, 1997,
1998, and 1999.
‘‘PART C—LIBRARY MEDIA PROGRAM
‘‘SEC. 2231. ESTABLISHMENT OF PROGRAM.
‘‘The Secretary shall award grants from allocations
under section 2232 to States for the acquisition of school
library media resources for the use of students, library
media specialists, and teachers in elementary and second-
ary schools.
‘‘SEC. 2232. ALLOCATION TO STATES.
‘‘From the amount appropriated pursuant to section
2205 in each fiscal year, the Secretary shall allocate to each
State having an approved plan under section 2233 as
follows:
‘‘(1) For appropriations below $50,000,000, at
the discretion of the Secretary, taking into account
such factors as the age and condition of the State’s ex-
isting library media collections.
‘‘(2) For appropriations of $50,000,000 and
above to each State an amount which bears the same
ratio to such funds as the amount such State received
under section 1122 of title I bears to the amount all
291
States received under section 1122 in such year; ex-
cept that no State shall receive less than one-half of
one percent of such funds.
‘‘SEC. 2233. STATE PLANS.
‘‘(a) IN GENERAL.—In order for a State to receive an
allocation of funds under section 2232 for any fiscal year,
such State shall have in effect for such fiscal year a State
plan. Such plan shall—
‘‘(1) designate the State educational agency as
the State agency responsible for the administration of
the program described in this part;
‘‘(2) set forth a program under which funds paid
to the State from its allocation under section 2202
will be expended solely for—
‘‘(A) acquisition of school library media re-
sources, including foreign language resources, for
the use of students, school library media special-
ists, and teachers in elementary and secondary
schools in the United States; and
‘‘(B) administration of the State plan, in-
cluding development and revision of standards,
relating to school library media resources; except
that the amount used for administration of the
State plan in any fiscal year shall not exceed 5
292
percent of the amount allocated to such State
under section 2232 for such fiscal year; and
‘‘(3) set forth the criteria to be used in allotting
funds for school library media resources among the
local educational agencies of the State, which allot-
ment shall take into consideration the relative need of
the students, school media specialists, and teachers to
be served.
‘‘(b) PLAN SUBMISSION.—The State plan may be sub-
mitted as part of a consolidated application under section
9302.
‘‘SEC. 2234. DISTRIBUTION OF ALLOCATION TO LOCAL EDU-
CATIONAL AGENCIES.
‘‘From the funds allocated to a State under section
2202 in each fiscal year, such State shall distribute not less
than 99 percent of such funds in such year to local edu-
cational agencies within such State according to the relative
enrollment of students in elementary and secondary schools
within the school districts of such State, adjusted to provide
higher per-pupil allotments to local educational agencies
that have the greatest number or percentages of students
whose education imposes a higher than average cost per
child, such as those students—
‘‘(1) living in areas with high concentrations of
low-income families;
293
‘‘(2) from low-income families; and
‘‘(3) living in sparsely populated areas.
‘‘SEC. 2235. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $200,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
‘‘PART D—SUPPORT AND ASSISTANCE FOR ESEA
PROGRAMS
‘‘SEC. 2341. FINDINGS.
‘‘The Congress finds that—
‘‘(1) high-quality technical assistance can en-
hance the improvements in teaching and learning
achieved through the implementation of programs
under this Act;
‘‘(2) comprehensive technical assistance and ef-
fective program dissemination are essential ingredi-
ents of the overall strategy of the reauthorization of
this Act to improve programs and to provide all chil-
dren opportunities to meet challenging State perform-
ance standards;
‘‘(3) States, local educational agencies, tribes,
and schools serving students with special needs, such
as students with limited English proficiency, have
great need for comprehensive technical assistance in
294
order to use funds under this Act to provide such stu-
dents with opportunities to learn to challenging State
standards;
‘‘(4) current technical assistance and dissemina-
tion efforts are fragmented and categorical in nature,
and thus fail to address adequately the needs of States
and local educational agencies and tribes for help in
integrating into a coherent strategy for improving
teaching and learning the various programs under
this Act with State and local programs and other
education reform efforts;
‘‘(5) too little creative use is made of technology
as a means of providing information and assistance
in a cost-effective way;
‘‘(6) comprehensive technical assistance can help
schools and school systems focus on improving oppor-
tunities for all children to reach challenging State
performance standards, as they implement programs
under this Act;
‘‘(7) comprehensive technical assistance would
provide coordinated assistance to help States, local
educational agencies, tribes, participating colleges
and universities, and schools integrate Federal, State,
and local education programs in ways that contribute
to improving schools and entire school systems;
295
‘‘(8) technical assistance in support of programs
under this Act should be coordinated with the Depart-
ment’s regional offices, the regional educational lab-
oratories, State Literacy Resource Centers, vocational
resource centers, and other technical assistance efforts
supported by the Department;
‘‘(9) 
technical 
assistance 
providers 
should
prioritize assistance to local educational agencies and
schools; and
‘‘(10) technical assistance should both encourage
the integration of categorical programs and ensure
that students with special needs, such as limited Eng-
lish proficiency students, are served fully.
‘‘SEC. 2342. PURPOSE.
‘‘The purpose of this part is to create a national tech-
nical assistance and dissemination system to make avail-
able to States, local educational agencies, tribes, schools,
and other recipients of funds under this Act technical assist-
ance in—
‘‘(1) implementing programs authorized by this
Act in a manner that improves teaching and learning
for all students;
‘‘(2) coordinating those programs with other
Federal, State, and local education plans and activi-
ties, so that all students are provided opportunities to
296
meet challenging State performance standards, in
particular students at risk of educational failure; and
‘‘(3) adopting, adapting, and implementing
promising and proven practices for improving teach-
ing and learning.
‘‘SEC. 2343. PROGRAMS AUTHORIZED.
‘‘(a) COMPREHENSIVE ASSISTANCE CENTERS.—The
Secretary is authorized to award grants or enter into con-
tracts with public or private nonprofit entities or consortia
to establish a networked system of 15 centers to provide
comprehensive research-based training and technical assist-
ance to States, local educational agencies, schools, tribes,
community-based organizations, and other recipients of
funds under this Act in their administration and imple-
mentation of programs authorized by this Act. In establish-
ing centers and allocating resources among the centers, the
Secretary shall consider the geographic distribution of title
I students; the geographic and linguistic distribution of stu-
dents of limited English proficiency; the geographic dis-
tribution of Indian students; the special needs of students
living in rural areas; and the special needs of States and
territories in geographic isolation.
‘‘(b) STATE-BASED ASSISTANCE.—The Secretary is
authorized to award grants or enter into contracts with
public and private nonprofit entities to establish an assist-
297
ance agency in each State and territory and in the Bureau
of Indian Affairs. This program shall be called the National
Diffusion Network and will assist States, local educational
agencies, and schools in identifying and securing appro-
priate, high-quality technical assistance, provide informa-
tion on and assistance in adopting effective programs and
practices, and work cooperatively with the Comprehensive
Assistance Centers to improve teaching and learning and
raise standards for all students.
‘‘(c) ACCOUNTABILITY.—To ensure the quality and ef-
fectiveness of the comprehensive assistance centers supported
under this part, the Secretary shall—
‘‘(1) provide for an external peer review (includ-
ing representatives of the populations served under
this Act) of the centers under this part every 2 years;
‘‘(2) develop, in consultation with the Assistant
Secretary for Elementary and Secondary Education,
the Director of Bilingual Education and Minority
Languages Affairs, and the Assistant Secretary for
Educational Research and Improvement, a set of per-
formance indicators, for use during the peer reviews
required by paragraph (1), that assesses whether the
work of the centers assists in improving teaching and
learning under this Act for all children, in particular
children at risk of educational failure;
298
‘‘(3) require each center to publish, and dissemi-
nate widely throughout its region, an annual report
on its services and accomplishments and how those
services and accomplishments relate to the perform-
ance indicators developed under paragraph (2);
‘‘(4) conduct periodic surveys of users of the cen-
ters’ services to determine if users are satisfied with
the access to and quality of such services;
‘‘(5) collect, as part of the Department’s reviews
of programs under this Act, information about the
availability and quality of services provided by the
centers, and share that information with the centers;
‘‘(6) take whatever steps are reasonable and nec-
essary to ensure that each center performs its respon-
sibilities in a satisfactory manner, which may in-
clude termination of an award under this part (if the
Secretary concludes that performance has been unsat-
isfactory) and the selection of a new center, as well
as whatever interim arrangements the Secretary de-
termines are necessary to ensure the satisfactory de-
livery of services under this part to the affected re-
gion; and
‘‘(7) provide for an independent evaluation of
the system of technical assistance centers authorized
by this part and report the results of that evaluation
299
to Congress prior to the next reauthorization of this
Act.
‘‘(c) CONTRACT PERIOD.—Grants or contracts award-
ed under this section shall be awarded for a period of 5
years following the extension of contracts and grants under
section 2206(c).
‘‘SEC. 2344. REQUIREMENTS OF COMPREHENSIVE ASSIST-
ANCE CENTERS.
‘‘Each comprehensive assistance center established
under section 2343(a)—
‘‘(1) shall maintain staff expertise in at least all
of the following areas:
‘‘(A) Instruction, curriculum improvement,
assessment, school reform, and other aspects of
title I of this Act.
‘‘(B) Meeting the needs of children served
under this Act, including children in high-pov-
erty areas, migratory children, immigrant chil-
dren, children with limited English proficiency,
neglected or delinquent children, homeless chil-
dren and youth, Indian children, and children
with disabilities and where applicable, Alaskan
Native children and Native Hawaiian children.
‘‘(C) Professional development for teachers,
other school staff, and administrators to help stu-
300
dents meet challenging State performance stand-
ards.
‘‘(D) Bilingual education, including pro-
grams that emphasize English and native lan-
guage proficiency and promote multicultural un-
derstanding.
‘‘(E) Safe and drug-free schools.
‘‘(F) Educational applications of tech-
nology.
‘‘(G) Parent involvement and participation.
‘‘(H) The reform of schools and school sys-
tems.
‘‘(I) Program evaluation.
‘‘(J) Coordination of services.
‘‘(K) School governance and management.
‘‘(L) Partnerships between the public and
private sector, including the formation of part-
nerships between schools and businesses.
‘‘(2) shall ensure, where appropriate, staff exper-
tise in the special needs of students living in rural
areas and in the special needs of local education
agencies serving rural areas;
‘‘(3) shall ensure that technical assistance staff
have sufficient training, knowledge, and expertise in
how to integrate and coordinate programs under this
301
Act with each other, as well as with other Federal,
State, and local programs and reforms, and reflect the
diverse linguistic and cultural expertise appropriate
to the region served;
‘‘(4) shall provide technical assistance using the
highest quality and most cost-effective strategies
possible;
‘‘(5) shall coordinate services, work cooperatively,
and regularly share information with the regional
education laboratories, the Eisenhower Regional Math
and Science consortia, research and development cen-
ters, and other entities engaged in research, develop-
ment, dissemination, and technical assistance activi-
ties which are supported by the Department of Edu-
cation as part of a Federal technical assistance sys-
tem, to provide a broad range of support services to
schools in the region while minimizing the duplica-
tion of such services; and
‘‘(6) shall provide services to States, local edu-
cational agencies, tribes, and schools through or in co-
ordination with the State Facilitators of the National
Diffusion Network as authorized in section 2343(b) in
order to better implement the purposes of this section
and provide the support and assistance diffusion
agents need to carry out their mission effectively.
302
‘‘SEC. 2345. DUTIES OF COMPREHENSIVE ASSISTANCE CEN-
TERS.
‘‘(a) IN GENERAL.—Each center established under sec-
tion 2303(a) shall provide comprehensive, integrated tech-
nical assistance services focused on improving teaching and
learning.
‘‘(b) SUPPORT AND ASSISTANCE.—Comprehensive cen-
ters shall provide support and assistance to State edu-
cational agencies, tribal divisions of education, local edu-
cational agencies, schools, and other grant recipients under
this Act in—
‘‘(1) the development of plans for integrating
programs under this Act with other Federal programs
and with State, local and tribal reform efforts;
‘‘(2) the development, selection, and use of chal-
lenging, high-quality curricula aligned with high
standards and assessments;
‘‘(3) the identification, adaptation, or develop-
ment of instructional strategies and materials which
meet the needs of children receiving assistance under
this Act;
‘‘(4) the development of valid, reliable, and non-
discriminatory systems of assessment which reflect re-
cent advances in the field of education assessment;
‘‘(5) the development, selection, and implementa-
tion of effective schoolwide projects;
303
‘‘(6) improving the capacity of educators, school
administrators, counselors, and other school personnel
to assist students to reach challenging standards, es-
pecially those students furthest from such standards,
through the expansion and strengthening of profes-
sional development activities;
‘‘(7) expanding and improving opportunities for
parents to participate in the education of their chil-
dren at home and at school;
‘‘(8) creating safe and drug-free environments,
especially in areas experiencing high levels of drug
use and violence in the community and schools;
‘‘(9) the coordination of services and programs to
meet the needs of students so that they can fully par-
ticipate in the educational program of the school;
‘‘(10) the evaluation of educational programs;
‘‘(11) educational applications of technology,
when appropriate, in coordination with the regional
mathematics and science education consortia;
‘‘(12) reforming the governance and management
of schools; and
‘‘(13) establishing public/private education part-
nerships, including school/business partnerships.
‘‘(c) ADDITIONAL
DUTIES.—Additional duties in-
clude—
304
‘‘(1) assisting States, local educational agencies,
tribal divisions of education, and schools in replicat-
ing and adapting exemplary and promising edu-
cational programs, policies, and practices through or
in coordination with the National Diffusion Network
State Facilitator;
‘‘(2) assisting State educational agencies and
local educational agencies to develop school support
teams to work with schoolwide programs under title
I of this Act; and
‘‘(3) assisting State educational agencies, local
educational agencies, and the National Diffusion Net-
work State Facilitators to increase their capacity to
provide high-quality technical assistance in support
of programs under this Act.
‘‘SEC. 2346. MAINTENANCE OF SERVICE.
‘‘(a) MAINTENANCE OF EFFORT.—The Secretary shall
ensure that the comprehensive assistance centers funded
under this part provide technical assistance services that
address the needs of bilingual, migrant, immigrant, and In-
dian students that are at least comparable to the level of
such technical assistance services provided under programs
administered by the Secretary prior to the date of the enact-
ment of the Improving America’s Schools Act of 1994.
‘‘(b) MINIMUM FUNDS.—
305
‘‘(1) MAINTENANCE OF EFFORT.—In awarding
grants or contracts for comprehensive assistance cen-
ters, the Secretary shall ensure that the proportion of
funds used to provide services that address the needs
of limited-English-proficient, immigrant, and mi-
grant students shall be no less than the proportion of
funds expended under grants or contracts expiring in
fiscal year 1995 for categorical technical assistance
centers serving limited-English-proficient and mi-
grant students.
‘‘(2) INDIAN STUDENTS.—In awarding grants or
contracts for comprehensive assistance centers, the
Secretary shall ensure that the proportion of funds
used to provide services that address the need of In-
dian students through the comprehensive centers es-
tablished in section 2343(a) shall be no less than the
proportion of funds expended under grants or con-
tracts expiring in fiscal year 1995 for technical as-
sistance centers serving Indian students.
‘‘(c) APPLICATION.—Applications for funds under sub-
section (a)(2) shall include how centers will—
‘‘(1) provide expertise in the areas listed in sec-
tion 2344(l);
306
‘‘(2) work with the National Diffusion Network
authorized in section 2343(b) to conduct outreach to
local educational agencies prioritized in section 2348;
‘‘(3) demonstrate support from States and local
educational agencies and tribes in the area to be
served;
‘‘(4) ensure a fair distribution of services to
urban and rural areas;
‘‘(5) utilize technology to provide technical as-
sistance; and
‘‘(6) provide other information the Secretary
may require.
In approving applications to comprehensive centers serving
Indian students, the Secretary shall give priority to appli-
cations from consortia that include Indian educational
agencies, organizations, or institutions.
‘‘(d) TRANSITION.—The Secretary shall, notwithstand-
ing any other provision of law, use funds appropriated
under section 2351 to extend or continue existing contracts
and grants for categorical technical assistance centers and
for National Diffusion Network State Facilitator and De-
veloper Demonstrators through fiscal year 1995 and take
other necessary steps to ensure a smooth transition of this
part.
307
‘‘SEC. 2347. STATE-BASED ACTIVITIES.
‘‘(a) PURPOSES.—The Secretary shall establish a
State-based outreach, dissemination, training, and con-
sultation component of the National Technical Assistance
and Dissemination System through the National Diffusion
Network and its State Facilitators.
‘‘(b) IN GENERAL.—The Department of Education,
through the Office of Educational Research and Improve-
ment shall award grants or enter into contracts with public
or private nonprofit educational organizations or institu-
tions in each State with demonstrated experience, expertise,
and commitment in the areas of applied education research
and program dissemination to carry out activities described
in subsection (c).
‘‘(c) 
NATIONAL
DIFFUSION
NETWORK
STATE
FACILITATOR.—National 
Diffusion 
Network 
State
Facilitators shall work in coordination with the comprehen-
sive assistance centers to assist State educational agencies,
local educational agencies, tribal divisions of education,
and schools to—
‘‘(1) define their technical assistance needs and
align them with school reform, professional develop-
ment, and technology plans;
‘‘(2) secure the technical assistance services that
can best fulfill their needs by utilizing Department of
Education technical assistance centers, regional edu-
308
cation laboratories, Eisenhower Regional consortia,
State Literacy Resource Centers, and other technical
assistance providers including local providers of pro-
fessional development services;
‘‘(3) identify educational technology needs and
secure the necessary technical assistance to address
them;
‘‘(4) prepare for on-site, intensive technical as-
sistance provided by the comprehensive centers, labs,
or other service providers;
‘‘(5) utilize technology, including regional and
national electronic networks, to increase their access
to technical assistance, professional development serv-
ices, and dissemination of exemplary practices and
materials;
‘‘(6) deliver high-quality professional develop-
ment services to their school-based educators; and
‘‘(7) provide organizational development services
to facilitate school-based change.
‘‘(d) ADDITIONAL DUTIES.—In addition, National
Diffusion Network State Facilitators shall—
‘‘(1) disseminate information about school reform
and effective and promising practices and help local
educational agencies and schools adapt them to their
needs;
309
‘‘(2) facilitate communications between educators
to assist the sharing of promising practices and to
foster school reform and professional development;
‘‘(3) coordinate their activities with school sup-
port teams and distinguished educators in their State;
‘‘(4) coordinate, work cooperatively with, and
regularly share information with the comprehensive
centers, the Regional Education Laboratories, and
other entities engaged in research, development, dis-
semination, and technical assistance activities which
are supported by the Department of Education;
‘‘(5) develop and implement an aggressive out-
reach plan for reaching the local educational agencies
and schools identified as priorities in section 2308;
and
‘‘(6) provide technical, dissemination, and sup-
port assistance to States, local educational agencies,
and schools using the highest quality and most cost-
effective methods available.
‘‘(e) NATIONAL
DIFFUSION
NETWORK
EFFECTIVE
PRACTICES.—The Secretary shall develop a system of vali-
dating effective programs and promising practices for dis-
semination through the National Diffusion Network. Such
programs may include exemplary programs funded through
any office of the Department of Education, the National
310
Science Foundation, or other Federal agencies. Such a sys-
tem should be coordinated, aligned with, and administered
by the Office of Educational Research and Improvement Of-
fice of Reform Assistance and Dissemination. The Secretary
shall give priority to identifying, validating, and dissemi-
nating effective schoolwide projects, programs addressing
the needs of high poverty schools, and programs with the
capacity to offer high-quality, sustained technical assist-
ance. The Office of Educational Research and Improvement
Office of Reform Assistance and Dissemination shall also
administer a grants program to such validated Effective
Practices for the purpose of dissemination and the provision
of technical assistance.
‘‘SEC. 2348. PROGRAM PRIORITIES.
‘‘Both the comprehensive centers and the National Dif-
fusion Network shall give priority service to schoolwide
projects, local educational agencies, and Bureau of Indian
Affairs schools with the highest percentage or numbers of
poor children.
‘‘SEC. 2349. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
‘‘The Secretary is also authorized to provide a tech-
nology-based technical assistance service that will—
‘‘(1) support the administration and implemen-
tation of programs authorized by this Act by provid-
ing information, including legal and regulatory infor-
311
mation, and technical guidance and information
about best practices; and
‘‘(2) be accessible to all States, local educational
agencies, schools, and others who are recipients of
funds under this Act.
‘‘SEC. 2350. ADMINISTRATION.
‘‘The program authorized by this part shall be jointly
administered by the Assistant Secretary for Elementary
and Secondary Education, the Director of Bilingual Edu-
cation and Minority Languages Affairs, and the Assistant
Secretary for Educational Research and Improvement.
‘‘SEC. 2351. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purposes of carrying out this part, there are
authorized to be appropriated $70,000,000 for fiscal year
1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999. Of the funds ap-
propriated under this part, not less than $25,000,000 shall
be made available to support activities of the National Dif-
fusion Network authorized in section 2343(b).
‘‘PART E—EDUCATION PROGRAM STRATEGIES
‘‘SEC. 2401. FINDINGS AND STATEMENT OF PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that chapter 2 of
the Education Consolidation and Improvement Act of 1981
has been successful in achieving the goals of increasing local
flexibility, reducing administrative burden, providing serv-
312
ices for private school students, encouraging innovation,
and contributing to the improvement of elementary and sec-
ondary educational programs.
‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of
programs under this part:
‘‘(1) To support local education reform efforts
which are consistent with and support statewide re-
form efforts under Goals 2000.
‘‘(2) To support State and local efforts to accom-
plish the National Education Goals.
‘‘(3) To provide funding to enable State and
local educational agencies to implement promising
educational reform programs that can be supported
by State and local sources of funding after such pro-
grams are demonstrated to be effective.
‘‘(4) To provide a continuing source of innova-
tion, educational improvement, and support for li-
brary services and instructional materials, including
media materials and,
‘‘(5) To meet the special educational needs of at
risk and high cost students.
‘‘(c) STATE AND LOCAL RESPONSIBILITY.—The basic
responsibility for the administration of funds made avail-
able under this part is within the State educational agen-
cies, but it is the intent of Congress that the responsibility
313
be carried out with a minimum of paperwork and that the
responsibility for the design and implementation of pro-
grams assisted under this part will be mainly that of local
educational agencies, school superintendents and prin-
cipals, and classroom teachers and supporting personnel,
because they 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 districts.
‘‘SEC. 2402. AUTHORIZATION OF APPROPRIATIONS; DURA-
TION OF ASSISTANCE.
‘‘(a) AUTHORIZATION.—To carry out the purposes of
this part, there are authorized to be appropriated
$435,000,000 for fiscal year 1995 and such sums in each
of the fiscal years 1996 through 1999.
‘‘(b) DURATION OF ASSISTANCE.—During the period
beginning October 1, 1994, and ending September 30, 1999,
the Secretary shall, in accordance with the provisions of
this part, make payments to State educational agencies for
the purpose of this section.
‘‘Subpart 1—State and Local Programs
‘‘SEC. 2411. ALLOTMENT TO STATES.
‘‘(a) RESERVATIONS.—From the sums appropriated to
carry out this subpart in any fiscal year, the Secretary
shall reserve not to exceed 1 percent for payments to Guam,
American Samoa, the Virgin Islands, the Trust Territory
314
of the Pacific Islands, and the Northern Mariana Islands,
to be allotted in accordance with their respective needs.
‘‘(b) ALLOTMENT.—From the remainder of such sums
the Secretary shall allot to each State an amount which
bears the same ratio to the amount of such remainder as
the school-age population of the State bears to the school-
age population of all States, except that no State shall re-
ceive less than an amount equal to one-half of 1 percent
of such remainder.
‘‘(c) DEFINITIONS.—For purposes of this subpart—
‘‘(1) The term ‘school-age population’ means the popu-
lation aged 5 through 17.
‘‘(2) The term ‘States’ includes the 50 States, the Dis-
trict of Columbia, and the Commonwealth of Puerto Rico.
‘‘SEC. 2412. ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) DISTRIBUTION RULE.—From the sums made
available each year to carry out this part, the State edu-
cational agency 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 school districts of such agencies, adjusted,
in accordance with criteria approved by the Secretary, to
provide higher per pupil allocations to local educational
agencies which have the greatest numbers or percentages of
315
children whose education imposes a higher than average
cost per child, such as—
‘‘(1) children living in areas with high con-
centrations of low-income families,
‘‘(2) children from low-income families, and
‘‘(3) children living in sparsely populated areas.
‘‘(b) CALCULATION OF ENROLLMENTS.—(1) The cal-
culation of relative enrollments under subsection (a) shall
be on the basis of the total of—
‘‘(A) the number of children enrolled in public
schools, and
‘‘(B) the number of children enrolled in private
nonprofit schools that desire that their children par-
ticipate in programs or projects assisted under this
part, for the fiscal year preceding the fiscal year in
which the determination is made. Nothing in this
subsection shall diminish the responsibility of local
educational agencies to contact, on an annual basis,
appropriate officials from private nonprofit schools
within the areas served by such agencies in order to
determine whether such schools desire that their chil-
dren participate in programs assisted under this
part.
‘‘(2)(A) Relative enrollments under subsection
(a) shall be adjusted, in accordance with criteria ap-
316
proved by the Secretary under subparagraph (B), to
provide higher per pupil allocations only to local edu-
cational agencies which serve the greatest numbers or
percentages of—
‘‘(i) children living in areas with high con-
centrations of low-income families,
‘‘(ii) children from low-income families, or
‘‘(iii) children living in sparsely populated
areas.
‘‘(B) The Secretary shall review criteria submit-
ted by a State educational agency for adjusting allo-
cations under paragraph (1) and shall approve such
criteria only if the Secretary determines that such
criteria are reasonably calculated to produce an ad-
justed allocation that reflects the relative needs within
the State’s local educational agencies based on the fac-
tors set forth in subparagraph (A).
‘‘(c) PAYMENT OF ALLOCATIONS.—
‘‘(1) From the funds paid to it pursuant to sec-
tion 2402 for a fiscal year, a State educational agen-
cy shall distribute to each eligible local educational
agency which has submitted an application as re-
quired in section 2423 the amount of its allocation as
determined under subsection (a).
317
‘‘(2)(A) Additional funds resulting from higher
per pupil allocations provided to a local educational
agency on the basis of adjusted enrollments of chil-
dren described in subsection (a), may, at the discre-
tion of the local educational agency, be allocated for
expenditures to provide services for children enrolled
in public and private nonprofit schools in direct pro-
portion to the number of children described in sub-
section (a) and enrolled in such schools within the
local educational agency.
‘‘(B) In any fiscal year, any local educational
agency that elects to allocate such additional funds in
the manner described in subparagraph (A) shall allo-
cate all additional funds to schools within the local
educational agency in such manner.
‘‘(C) The provisions of subparagraphs (A) and
(B) may not be construed to require any school to
limit the use of such additional funds to the provision
of services to specific students or categories of stu-
dents.
‘‘Subpart 2—State Programs
‘‘SEC. 2421. STATE USES OF FUNDS.
‘‘(a) AUTHORIZED ACTIVITIES.—A State educational
agency may use funds reserved for State use under this sec-
tion only for—
318
‘‘(1) State administration of programs under
this section 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 part; and
‘‘(2) technical assistance and direct grants to
local educational agencies and statewide education re-
form activities which assist local educational agencies
to provide targeted assistance.
‘‘(b) LIMITATIONS
AND REQUIREMENTS.—Not more
than 25 percent of funds available for State programs under
this part in any fiscal year may be used for State adminis-
tration under subsection (a)(1).
‘‘SEC. 2423. STATE APPLICATIONS.
‘‘(a) APPLICATION REQUIREMENTS.—Any State which
desires to receive a grant under this subpart shall submit
to the Secretary an application which—
‘‘(1) designates the State educational agency as
the State agency responsible for administration and
supervision of programs assisted under this part;
‘‘(2)(A) provides for an annual submission of
data on the use of funds, the types of services fur-
319
nished, and the students served under this section;
and
‘‘(B) in fiscal year 1998 provides for an evalua-
tion of the effectiveness of programs assisted under
this subpart;
‘‘(3) provides that the State educational agency
will keep such records and provide such information
to the Secretary as may be required for fiscal audit
and program evaluation (consistent with the respon-
sibilities of the Secretary under this section);
‘‘(4) provides assurance that, apart from tech-
nical and advisory assistance and monitoring compli-
ance with this part, the State educational agency has
not exercised and will not exercise any influence in
the decision making processes of local educational
agencies as to the expenditure made pursuant to an
application under section 2433; and
‘‘(5) contain assurances that there is compliance
with the specific requirements of this chapter.
‘‘(b) PERIOD OF APPLICATION.—An application filed
by the State under subsection (a) shall be for a period not
to exceed 3 years, and may be amended annually as may
be necessary to reflect changes without filing a new applica-
tion.
320
‘‘(c) AUDIT RULE.—Notwithstanding section 1745 of
the Omnibus Budget Reconciliation Act of 1981, local edu-
cational agencies receiving less than an average of $5,000
each under this section need not be audited more frequently
than once every 5 years.
‘‘Subpart 3—Local Targeted Assistance Programs
‘‘SEC. 2431. TARGETED USE OF FUNDS.
‘‘(a) GENERAL RULE.—Funds allocated for use under
this subpart shall be used by local educational agencies for
targeted assistance described in subsection (b).
‘‘(b) TARGETED ASSISTANCE.—The targeted assistance
programs referred to in subsection (a) include—
‘‘(1) technology related to the implementation of
school-based reform programs, including professional
development to assist teachers and other school offi-
cials regarding how to use effectively such equipment
and software;
‘‘(2) instructional and educational materials, as-
sessments, and library services and materials (includ-
ing media materials) tied to high academic standards
and which are part of an overall education reform
program;
‘‘(3) promising education reform projects, in-
cluding 21st Century Learning Center school projects
in accordance with subpart 4; and
321
‘‘(4) computer hardware and software purchased
under this section should be used only for instruc-
tional purposes.
‘‘SEC. 2432. ADMINISTRATIVE AUTHORITY.
‘‘In order to conduct the activities authorized by this
part, each State or local educational agency may use funds
reserved for this part 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. 2433. LOCAL APPLICATIONS.
‘‘(a) CONTENTS OF APPLICATION.—A local educational
agency or consortia of local educational agencies may re-
ceive an allocation of funds under this subpart for any year
for which an application is submitted to the State edu-
cational agency and such application is certified to meet
the requirements of this section. The State educational agen-
cy shall certify any such application if such application—
‘‘(1) sets forth the planned allocation of funds
among targeted assistance programs described in sec-
tion 2431 of this part and describes the programs,
projects and activities designed to carry out such tar-
geted assistance which it intends to support, together
with the reasons for selection of such programs,
projects and activities; and
322
‘‘(2) describes how assistance under this section
will contribute to meeting the National Education
Goals and improving student achievement or improv-
ing the quality of education for students;
‘‘(3) agrees to keep such records, and provide
such information to the State educational agency as
may reasonably be required for fiscal audit and pro-
gram evaluation, concession with the responsibilities
of the State agency under this part; and
‘‘(4) provides in the allocation of funds for the
assistance authorized by this part, 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 agency, with teachers and admin-
istrative personnel in such schools, and with other
groups involved in the implementation of this section
(such as librarians, school counselors, and other pupil
services personnel) as may be considered appropriate
by the local educational agency.
‘‘(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,
323
and may be amended annually as may be necessary to re-
flect changes without filing a new application.
‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—
Subject to the limitations and requirements of this part,
a local educational agency shall have complete discretion
in determining how funds under this subpart shall be di-
vided among the areas of targeted assistance. In exercising
such discretion, a local educational agency shall ensure that
expenditures under this subpart carry out the purposes of
this subpart and are used to meet the educational needs
within the schools of such local educational agency.
‘‘Subpart 4—21st Century Community Learning
Centers
‘‘SEC. 2441. FINDINGS.
‘‘The Congress finds that—
‘‘(1) there are influences outside of school which
affect the ability of a child to achieve academically
and schools are in a unique position to identify stu-
dent and family needs to coordinate programs;
‘‘(2) access to health and social service programs
can assist children and their families to improve the
ability of the family to take an active role in their
child’s education;
‘‘(3) coordination of health and social service
programs with education can help the Nation meet
324
the National Education Goals and ensure better out-
comes for children;
‘‘(4) the high technology, global economy of the
21st century will require lifelong learning to keep
America’s workforce competitive and successful;
‘‘(5) 21st Century Community Learning Centers
enable the entire community to develop an education
strategy that addresses the educational needs of all
members of local communities; and
‘‘(6) local public schools should provide centers
for lifelong learning and educational opportunities for
individuals of all ages.
‘‘SEC. 2442. FUNDS FOR COMMUNITY LEARNING CENTERS.
‘‘(a) IN GENERAL.—Local educational agencies may
use funds provided under section 2412 to pay the Federal
share of the cost for enabling schools to serve as centers for
the delivery of education and human services for members
of a community.
‘‘(b) USES OF FUNDS.—Local educational agencies
may use funds provided under section 2412 for projects de-
scribed under this subpart.
‘‘SEC. 2443. PROGRAMS.
‘‘Local educational agencies that receive funds under
this subpart may develop programs that include—
‘‘(1) literacy education programs;
325
‘‘(2) senior citizen programs;
‘‘(3) children’s day care services;
‘‘(4) integrated education, health, social service,
recreational, or cultural programs;
‘‘(5) summer and weekend school programs in
conjunction with summer recreation programs;
‘‘(6) nutrition programs;
‘‘(7) expanded library service hours to serve com-
munity needs;
‘‘(8) telecommunications and technology edu-
cation programs for all ages;
‘‘(9) parenting skills education programs;
‘‘(10) support and training for child day care
providers;
‘‘(11) employment counseling, training, and
placement;
‘‘(12) services for students who withdraw from
school before graduating high school, regardless of age;
and
‘‘(13) services for individuals who are either
physically or mentally challenged.
‘‘SEC. 2444. REQUIREMENTS.
‘‘A local educational agency that uses funds to develop
programs under this subpart shall, at the end of the first
year for which funds are used for this purpose, provide in-
326
formation to the State educational agency which describes
the activities and projects established with funds under this
subpart and includes—
‘‘(1) information on the comprehensive local plan
that enables such school to serve as a center for the
delivery of education and human services for members
of a community; and
‘‘(2) information on the initial evaluation of
needs, available resources, and goals and objectives for
the proposed community education program and how
such evaluation was used to determine the program
developed to address such needs; including—
‘‘(A) the mechanism used to disseminate in-
formation in a manner understandable and ac-
cessible to the community;
‘‘(B) identification of Federal, State, and
local programs merged or coordinated so that
public resources could be maximized;
‘‘(C) a description of the collaborative ef-
forts of community-based organizations, related
public agencies, businesses, or other appropriate
organizations;
‘‘(D) a description of how the school will as-
sist as a delivery center for existing and new
services; and
327
‘‘(E) the establishment of the facility utili-
zation policy that specifically states rules and
regulations for building and equipment use and
supervision guidelines.
‘‘SEC. 2445. DEFINITION.
‘‘For purposes of this subpart, the term ‘Community
Learning Center’ means the provision of educational, rec-
reational, health, and social service programs for residents
of all ages of a local community in public school buildings,
primarily in rural and inner city areas, operated by the
local educational agency in conjunction with local govern-
mental agencies, businesses, vocational education programs,
community colleges, universities, cultural, recreational, and
other community and human service entities.
‘‘TITLE III—EXPANDING
OPPORTUNITIES FOR LEARNING
‘‘PART A—FUND FOR THE IMPROVEMENT OF
EDUCATION
‘‘SEC. 3201. FUND FOR THE IMPROVEMENT OF EDUCATION.
‘‘(a) FUND AUTHORIZED.—From funds appropriated
under subsection (d), the Secretary is authorized to support
nationally significant programs and projects to improve the
quality of education, assist all students to meet challenging
standards, and contribute to the achievement of the Na-
tional Education Goals. The Secretary is authorized to
328
carry out such programs and projects directly or through
grants to, or contracts with, State and local educational
agencies, institutions of higher education, and other public
and private agencies, organizations, and institutions.
‘‘(b) USES OF FUNDS.—(1) Funds under this section
may be used for—
‘‘(A) activities that will promote systemic edu-
cational reform at the State and local levels, such
as—
‘‘(i) research and development related to
content and performance standards and oppor-
tunity-to-learn standards for student learning;
and
‘‘(ii) the development and evaluation of
model strategies for assessment of student learn-
ing, professional development for teachers and
administrators, parent and community involve-
ment, and other aspects of systemic reform;
‘‘(B) demonstrations at the State and local levels
that are designed to yield nationally significant re-
sults, including approaches to public school choice in
accordance with the requirements of part C and
school-based decisionmaking;
‘‘(C) joint activities with other agencies to assist
the effort to achieve the National Education Goals, in-
329
cluding activities related to improving the transition
from preschool to school and from school to work, as
well as activities related to the integration of edu-
cation and health and social services;
‘‘(D) activities to promote and evaluate counsel-
ing 
and 
mentoring 
for 
students, 
including
intergenerational mentoring;
‘‘(E) activities to promote comprehensive health
education;
‘‘(F) activities to promote environmental edu-
cation;
‘‘(G) activities to promote consumer, economic,
and personal finance education;
‘‘(H) activities to assist students to demonstrate
competence in foreign languages;
‘‘(I) studies and evaluation of various edu-
cational reform strategies and innovations being pur-
sued by the Federal Government, States, and local
educational agencies;
‘‘(J) the identification and recognition of exem-
plary schools and programs, such as Blue Ribbon
Schools;
‘‘(K) programs designed to promote gender eq-
uity in education by evaluating and eliminating gen-
der bias in instruction and educational materials,
330
identifying, and analyzing gender inequities in edu-
cational practices, and implementing and evaluating
educational policies and practices designed to achieve
gender equity;
‘‘(L) experiential-based learning, such as service-
learning; and
‘‘(M) other programs and projects that meet the
purposes of this section.
‘‘(2) The Secretary may also use funds under this sec-
tion to complete the project periods for direct grants or con-
tracts awarded under the provisions of the Elementary and
Secondary Education Act of 1965, part B of title III of
the Augustus F. Hawkins-Robert T. Stafford Elementary
and Secondary School Improvement Amendments of 1988,
or title III of the Education for Economic Security Act,
as these Acts were in effect on the day before enactment of
the Improving America’s Schools Act of 1994.
‘‘(c) AWARDS.—(1) The Secretary may make awards
under this section on the basis of competitions announced
by the Secretary and may also support meritorious unsolic-
ited proposals.
‘‘(2) The Secretary shall ensure that projects and ac-
tivities supported under this section are designed in such
a way that their effectiveness may be readily determined.
331
‘‘(3) The Secretary shall use a peer review process in
reviewing applications for grants under this section and
may use funds appropriated under subsection (d) for this
purpose.
‘‘(d) AUTHORIZATION.—For the purpose of carrying
out this section, there are authorized to be appropriated
$35,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
‘‘PART B—GIFTED AND TALENTED CHILDREN
‘‘SEC. 3301. SHORT TITLE.
‘‘This part may be cited as the ‘Jacob K. Javits Gifted
and Talented Students Education Act of 1994’.
‘‘SEC. 3302. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds and declares
that—
‘‘(1) all students can learn to high standards
and must develop their talents and realize their po-
tential if the United States is to prosper;
‘‘(2) gifted and talented students are a national
resource vital to the future of the Nation and its secu-
rity and well-being;
‘‘(3) too often schools fail to challenge students to
do their best work, and students who are not chal-
332
lenged will not learn to high standards, fully develop
their talents, and realize their potential;
‘‘(4) unless the special abilities of gifted and tal-
ented students are recognized and developed during
their elementary and secondary school years, much of
their special potential for contributing to the national
interest is likely to be lost;
‘‘(5) gifted and talented students from economi-
cally disadvantaged families and areas, and students
of limited English proficiency are at greatest risk of
being unrecognized and of not being provided ade-
quate or appropriate educational services;
‘‘(6) State and local educational agencies and
private nonprofit schools often lack the necessary spe-
cialized resources to plan and implement effective
programs for the early identification of gifted and
talented students for the provision of educational serv-
ices and programs appropriate to their special needs;
‘‘(7) the Federal Government can best carry out
the limited but essential role of stimulating research
and development and personnel training and provid-
ing a national focal point of information and tech-
nical assistance that is necessary to ensure that the
Nation’s schools are able to meet the special edu-
333
cational needs of gifted and talented students, and
thereby serve a profound national interest; and
‘‘(8) the experience and knowledge gained in de-
veloping and implementing programs for gifted and
talented students can and should be used as a basis
to develop a rich and challenging curriculum for all
students.
‘‘(b) STATEMENT OF PURPOSE.—
‘‘(1) It is the purpose of this part to provide fi-
nancial assistance to State and local educational
agencies, institutions of higher education, and other
public and private agencies and organizations, to ini-
tiate a coordinated program of research, demonstra-
tion projects, personnel training, and similar activi-
ties designed to build a nationwide capability in ele-
mentary and secondary schools to meet the special
educational needs of gifted and talented students. In
addition, the purpose of this part is to encourage the
development of rich and challenging curricula for all
students through the appropriate application and ad-
aptation of materials and instructional methods de-
veloped under this part.
‘‘(2) It is also the purpose of this part to supple-
ment and make more effective the expenditure of State
334
and local funds, for the education of gifted and tal-
ented students.
‘‘SEC. 3303. DEFINITIONS.
‘‘For purposes of this part, the term ‘gifted and tal-
ented students’ means children and youth who give evidence
of high performance capability in areas such as intellectual,
creative, artistic, or leadership capacity, or in specific aca-
demic fields, and who require services or activities not ordi-
narily provided by the school in order to fully develop such
capabilities.
‘‘SEC. 3304. AUTHORIZED PROGRAMS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) From the sums appropriated under section
3308 in any fiscal year the Secretary (after consulta-
tion with experts in the field of the education of gifted
and talented students) shall make grants to or enter
into contracts with State educational agencies, local
educational agencies, institutions of higher education,
or other public agencies and private agencies and or-
ganizations (including Indian tribes and organiza-
tions as defined by the Indian Self-Determination
and Education Assistance Act and Hawaiian native
organizations) to assist such agencies, institutions,
and organizations which submit applications in car-
rying out programs or projects authorized by this Act
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that are designed to meet the educational needs of
gifted and talented students, including the training of
personnel in the education of gifted and talented stu-
dents and in the use, where appropriate, of gifted and
talented services, materials, and methods for all
students.
‘‘(2) Applications for funds must include a sec-
tion on how the proposed gifted and talented services,
materials, and methods could be adapted, if appro-
priate, for use by all students and a section on how
the proposed programs can be evaluated.
‘‘(b) USES OF FUNDS.—Programs and projects as-
sisted under this section may include—
‘‘(1) professional development (including fellow-
ships) for personnel (including leadership personnel)
involved in the education of gifted and talented
students;
‘‘(2) establishment and operation of model
projects and exemplary programs for serving gifted
and talented students, including innovative methods
for identifying and educating students who may not
be served by traditional gifted and talented programs,
summer programs, mentoring programs, service
learning programs, and cooperative programs involv-
ing business, industry, and education;
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‘‘(3) training of personnel involved in gifted and
talented programs with respect to the impact of gen-
der role socialization on the educational needs of gift-
ed and talented children and in gender equitable edu-
cation methods, techniques, and practices;
‘‘(4) strengthening the capability of State edu-
cational agencies and institutions of higher education
to provide leadership and assistance to local edu-
cational agencies and nonprofit private schools in the
planning, operation, and improvement of programs
for the identification and education of gifted and tal-
ented students and the appropriate use of gifted and
talented programs and methods to serve all students;
‘‘(5) programs of technical assistance and infor-
mation dissemination which would include how gifted
and talented programs and methods, where appro-
priate, could be adapted for use by all students; and
‘‘(6) carrying out—
‘‘(A) research on methods and techniques for
identifying and teaching gifted and talented stu-
dents, and for using gifted and talented pro-
grams and methods to serve all students; and
‘‘(B) program evaluations, surveys, and the
collection, analysis, and development of informa-
337
tion needed to accomplish the purposes of this
part.
‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—
‘‘(1) The Secretary (after consultation with ex-
perts in the field of the education of gifted and tal-
ented students) shall establish a National Center for
Research and Development in the Education of Gifted
and Talented Children and Youth through grants to
or contracts with one or more institutions of higher
education or State educational agencies, or a com-
bination or consortium of such institutions and agen-
cies, for the purpose of carrying out activities de-
scribed in paragraph (5) of subsection (b).
‘‘(2) Such National Center shall have a Director.
The Secretary may authorize the Director to carry
out such functions of the National Center as may be
agreed upon through arrangements with other institu-
tions of higher education, State or local educational
agencies, or other public or private agencies and orga-
nizations.
‘‘(d) LIMITATION.—Not more than 30 percent of the
funds available in any fiscal year to carry out the programs
and projects authorized by this section may be used to con-
duct activities pursuant to subsections (b)(5) or (c).
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‘‘(e) COORDINATION.—Research activities supported
under this section—
‘‘(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
enhance the research and development activities sup-
ported by the Office; and
‘‘(2) may include collaborative research activities
which are jointly funded and carried out with the
Office of Education Research and Improvement.
‘‘SEC. 3305. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In the administration of
this part the Secretary shall give highest priority—
‘‘(1) to the identification of and services to gifted
and talented students who may not be identified and
served through traditional assessment methods (in-
cluding economically disadvantaged individuals, in-
dividuals of limited-English proficiency, and individ-
uals with disabilities; and
‘‘(2) to programs and projects designed to de-
velop or improve the capability of schools in an entire
State or region of the Nation through cooperative ef-
forts and participation of State and local educational
agencies, institutions of higher education, and other
public and private agencies and organizations (in-
339
cluding business, industry, and labor), to plan, con-
duct, and improve programs for the identification of
and service to gifted and talented students, such as
mentoring and apprenticeship programs.
‘‘(b) SERVICE PRIORITY.—In approving applications
under section 3304(a) of this part, the Secretary shall as-
sure that in each fiscal year at least one-half of the applica-
tions approved address the priority in section 3305(a)(1).
‘‘SEC. 3306. GENERAL PROVISIONS.
‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN
AND TEACHERS.—In making grants and entering into con-
tracts under this part, the Secretary shall ensure, where ap-
propriate, that provision is made for the equitable partici-
pation of students and teachers in private nonprofit elemen-
tary and secondary schools, including the participation of
teachers and other personnel in professional development
programs for serving such children.
‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—
The Secretary shall—
‘‘(1) use a peer review process in reviewing ap-
plications under this part;
‘‘(2) ensure that information on the activities
and results of projects funded under this part is dis-
seminated to appropriate State and local agencies
340
and other appropriate organizations, including non-
profit private organizations; and
‘‘(3) evaluate the effectiveness of programs under
this part, both in terms of the impact on students tra-
ditionally served in separate gifted and talented pro-
grams and on other students, and submit the results
of such evaluation to Congress not later than January
1, 1998.
‘‘SEC. 3307. ADMINISTRATION.
‘‘The Secretary shall establish or designate an admin-
istrative unit within the Department of Education—
‘‘(1) to administer the programs authorized by
this part;
‘‘(2) to coordinate all programs for gifted and
talented students administered by the Department;
‘‘(3) to serve as a focal point of national leader-
ship and information on the educational needs of gift-
ed and talented students and the availability of edu-
cational services and programs designed to meet such
needs; and
‘‘(4) to assist the Assistant Secretary of the Of-
fice of Educational Research and Improvement in
identifying research priorities which reflect the needs
of gifted and talented students.
341
The administrative unit established or designated pursuant
to this section shall be headed by a person of recognized
professional qualifications and experience in the field of the
education of gifted and talented students.
‘‘SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated $10,000,000
for fiscal year 1995 and such sums as may be necessary
for each of the fiscal years 1996, 1997, 1998, and 1999 to
carry out the provisions of this part.
‘‘PART C—PUBLIC CHARTER SCHOOLS
‘‘SEC. 3401. PURPOSE.
‘‘It is the purpose of this part to increase national un-
derstanding of the charter schools model by—
‘‘(1) providing financial assistance for the design
and initial implementation of charter schools; and
‘‘(2) evaluating the effects of those schools on im-
proving student achievement, including their effects
on students, staff, and parents.
‘‘SEC. 3402. PROGRAM AUTHORIZED.
‘‘(a) GENERAL.—The Secretary may make grants to
eligible applicants for the design and initial operation of
charter schools.
‘‘(b) PROJECT PERIODS.—Each such grant shall be for
a period of not more than three years, of which the grantee
may use—
342
‘‘(1) no more than 18 months for planning and
program design; and
‘‘(2) no more than two years for the initial im-
plementation of the charter school.
‘‘(c) LIMITATION.—The Secretary shall not make more
than one grant to support a particular charter school.
‘‘SEC. 3403. APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—Any eligible appli-
cant that desires to receive a grant under this part shall
submit an application to the Secretary at such time and
in such manner as the Secretary may require.
‘‘(b) SCOPE OF APPLICATION.—Each such application
may request assistance for a single charter school or for a
cluster of schools, which may include a high school and its
feeder elementary and middle schools, within a community.
‘‘(c) APPLICATION CONTENTS.—Each such application
shall include, for each charter school for which assistance
is sought—
‘‘(1) a description of the educational program to
be implemented by the proposed charter school, in-
cluding—
‘‘(A) how the program will enable all stu-
dents to meet challenging State performance
standards;
343
‘‘(B) the grade levels or ages of children to
be served; and
‘‘(C) the curriculum and instructional prac-
tices to be used;
‘‘(2) a description of how the school will be man-
aged;
‘‘(3) a description of—
‘‘(A) the objectives of the school; and
‘‘(B) the methods by which the school will
determine its progress toward achieving those ob-
jectives;
‘‘(4) a description of the administrative relation-
ship between the charter school and the local edu-
cational agency that will authorize or approve the
school’s charter and act as the grantee under this
part;
‘‘(5) a description of how parents and other
members of the community will be involved in the de-
sign and implementation of the charter school;
‘‘(6) a description of how the local educational
agency will provide for continued operation of the
school once the Federal grant has expired, if such
agency determines that the school is successful;
‘‘(7) a request and justification for waivers of
any Federal statutory or regulatory provisions that
344
the applicant believes are necessary for the successful
operation of the charter school, and a description of
any State or local rules, generally applicable to pub-
lic schools, that will be waived for, or otherwise not
apply to, the school;
‘‘(8) a description of how the grant funds would
be used;
‘‘(9) a description of how grant funds would be
used in conjunction with other Federal programs ad-
ministered by the Secretary;
‘‘(10) a description of how students in the com-
munity will be—
‘‘(A) informed about the school; and
‘‘(B) given an equal opportunity to attend
the school;
‘‘(11) an assurance that the applicant will annu-
ally provide the Secretary such information as the
Secretary may require to determine if the charter
school is making satisfactory progress toward achiev-
ing the objectives described under paragraph (3);
‘‘(12) an assurance that the applicant will co-
operate with the Secretary in evaluating the program
authorized by this part; and
‘‘(13) such other information and assurances as
the Secretary may require.