H. R. 6
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To extend for five years the authorizations of appropriations for the programs
under the Elementary and Secondary Education Act of 1965, and for certain
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Improving America’s Schools
Act of 1994’’.
SEC. 2. ORGANIZATION OF THE ACT.
This Act is organized into the following titles:
TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965
TITLE II—AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
TITLE III—AMENDMENTS TO OTHER ACTS
TITLE IV—NATIONAL EDUCATION STATISTICS
TITLE V—MISCELLANEOUS
SEC. 3. EFFECTIVE DATES; TRANSITION.
(a) EFFECTIVE DATES.—
(1) TITLE I.—
(A) Title I and the amendment made by title I of
this Act shall take effect July 1, 1995, except that those
provisions of title I that apply to programs under title
VIII (Impact Aid) of the Elementary and Secondary Edu-
cation Act of 1965, as amended by this Act, and to programs
under such Act that are conducted on a competitive basis,
shall be effective with respect to appropriations for use
under such programs for fiscal year 1995 and for subse-
quent fiscal years.
(B) Title VIII of the Elementary and Secondary Edu-
cation Act of 1965, as amended by title I of this Act,
shall take effect on the date of the enactment of this
Act.
(2) TITLE
II.—Title II of this Act and the amendments
made by title II of this Act shall take effect on the date
of enactment of this Act, except that section 236 (equity for
students, teachers, and other program beneficiaries) of such
title shall be effective—
(A) July 1, 1995 for noncompetitive programs in which
funds are allocated on the basis of a formula; and
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(B) for programs that are conducted on a competitive
basis, with respect to appropriations for use under such
programs in fiscal year 1995 and in subsequent fiscal years.
(3) TITLE III.—(A) Parts A and B of title III of this Act
and the amendments made by such parts shall take effect
on July 1, 1995.
(B) Part C of title III of this Act and the amendments
made by such part shall take effect on October 1, 1994.
(b) TRANSITION.—Notwithstanding any other provision of law,
a recipient of funds under the Elementary and Secondary Education
Act of 1965, as such Act was in effect on the day preceding the
date of enactment of this Act, may use funds available to such
recipient under such predecessor authority to carry out necessary
and reasonable planning and transition activities in order to ensure
a smooth implementation of programs authorized by this Act.
TITLE I—AMENDMENTS TO THE ELE-
MENTARY 
AND 
SECONDARY 
EDU-
CATION ACT OF 1965
SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDU-
CATION ACT OF 1965.
The Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq.) is amended to read as follows:
‘‘SECTION 1. TABLE OF CONTENTS.
‘‘This Act may be cited as the ‘Elementary and Secondary
Education Act of 1965’.
‘‘TITLE I—HELPING DISADVANTAGED
CHILDREN MEET HIGH STANDARDS
‘‘SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
‘‘(a) STATEMENT OF POLICY.—
‘‘(1) IN GENERAL.—The Congress declares it to be the policy
of the United States that a high-quality education for all
individuals and a fair and equal opportunity to obtain that
education are a societal good, are a moral imperative, and
improve the life of every individual, because the quality of
our individual lives ultimately depends on the quality of the
lives of others.
‘‘(2) ADDITIONAL POLICY.—The Congress further declares
it to be the policy of the United States to expand the program
authorized by this title over the fiscal years 1996 through
1999 by increasing funding for this title by at least $750,000,000
over baseline each fiscal year and thereby increasing the
percentage of eligible children served in each fiscal year with
the intent of serving all eligible children by fiscal year 2004.
‘‘(b) RECOGNITION OF NEED.—The Congress recognizes that—
‘‘(1) although the achievement gap between disadvantaged
children and other children has been reduced by half over
the past two decades, a sizable gap remains, and many seg-
ments of our society lack the opportunity to become well
educated;
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‘‘(2) the most urgent need for educational improvement
is in schools with high concentrations of children from low-
income families and achieving the National Education Goals
will not be possible without substantial improvement in such
schools;
‘‘(3) educational needs are particularly great for low-achiev-
ing children in our Nation’s highest-poverty schools, children
with limited English proficiency, children of migrant workers,
children with disabilities, Indian children, children who are
neglected or delinquent, and young children and their parents
who are in need of family-literacy services;
‘‘(4) while title I and other programs funded under this
Act contribute to narrowing the achievement gap between chil-
dren in high-poverty and low-poverty schools, such programs
need to become even more effective in improving schools in
order to enable all children to achieve high standards; and
‘‘(5) in order for all students to master challenging stand-
ards in core academic subjects as described in the third National
Education Goal described in section 102(3) of the Goals 2000:
Educate America Act, students and schools will need to maxi-
mize the time spent on teaching and learning the core academic
subjects.
‘‘(c) WHAT HAS BEEN LEARNED SINCE 1988.—To enable schools
to provide all children a high-quality education, this title builds
upon the following learned information:
‘‘(1) All children can master challenging content and com-
plex problem-solving skills. Research clearly shows that chil-
dren, including low-achieving children, can succeed when
expectations are high and all children are given the opportunity
to learn challenging material.
‘‘(2) Conditions outside the classroom such as hunger,
unsafe 
living 
conditions, 
homelessness, 
unemployment,
violence, inadequate health care, child abuse, and drug and
alcohol abuse can adversely affect children’s academic achieve-
ment and must be addressed through the coordination of serv-
ices, such as health and social services, in order for the Nation
to meet the National Education Goals.
‘‘(3) Use of low-level tests that are not aligned with schools’
curricula fails to provide adequate information about what chil-
dren know and can do and encourages curricula and instruction
that focus on the low-level skills measured by such tests.
‘‘(4) Resources are more effective when resources are used
to ensure that children have full access to effective high-quality
regular school programs and receive supplemental help through
extended-time activities.
‘‘(5) Intensive and sustained professional development for
teachers and other school staff, focused on teaching and learn-
ing and on helping children attain high standards, is too often
not provided.
‘‘(6) Insufficient attention and resources are directed toward
the effective use of technology in schools and the role technology
can play in professional development and improved teaching
and learning.
‘‘(7) All parents can contribute to their children’s success
by helping at home and becoming partners with teachers so
that children can achieve high standards.
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‘‘(8) Decentralized decisionmaking is a key ingredient of
systemic reform. Schools need the resources, flexibility, and
authority to design and implement effective strategies for bring-
ing their children to high levels of performance.
‘‘(9) Opportunities for students to achieve high standards
can be enhanced through a variety of approaches such as public
school choice and public charter schools.
‘‘(10) Attention to academics alone cannot ensure that all
children will reach high standards. The health and other needs
of children that affect learning are frequently unmet, particu-
larly in high-poverty schools, thereby necessitating coordination
of services to better meet children’s needs.
‘‘(11) Resources provided under this title can be better
targeted on the highest-poverty local educational agencies and
schools that have children most in need.
‘‘(12) Equitable and sufficient resources, particularly as
such resources relate to the quality of the teaching force, have
an integral relationship to high student achievement.
‘‘(d) STATEMENT OF PURPOSE.—The purpose of this title is to
enable schools to provide opportunities for children served to acquire
the knowledge and skills contained in the challenging State content
standards and to meet the challenging State performance standards
developed for all children. This purpose shall be accomplished by—
‘‘(1) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and schools
to help children served under this title to reach such standards;
‘‘(2) providing children an enriched and accelerated edu-
cational program, including, when appropriate, the use of the
arts, through schoolwide programs or through additional serv-
ices that increase the amount and quality of instructional time
so that children served under this title receive at least the
classroom instruction that other children receive;
‘‘(3) promoting schoolwide reform and ensuring access of
children (from the earliest grades) to effective instructional
strategies and challenging academic content that includes
intensive complex thinking and problem-solving experiences;
‘‘(4) significantly upgrading the quality of instruction by
providing staff in participating schools with substantial
opportunities for professional development;
‘‘(5) coordinating services under all parts of this title with
each other, with other educational services, and, to the extent
feasible, with health and social service programs funded from
other sources;
‘‘(6) affording parents meaningful opportunities to partici-
pate in the education of their children at home and at school;
‘‘(7) distributing resources, in amounts sufficient to make
a difference, to areas and schools where needs are greatest;
‘‘(8) improving accountability, as well as teaching and learn-
ing, by using State assessment systems designed to measure
how well children served under this title are achieving challeng-
ing State student performance standards expected of all chil-
dren; and
‘‘(9) providing greater decisionmaking authority and flexi-
bility to schools and teachers in exchange for greater respon-
sibility for student performance.
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‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the purpose
of carrying out part A, other than section 1120(e), there are author-
ized to be appropriated $7,400,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the four succeeding
fiscal years.
‘‘(b) EVEN START.—For the purpose of carrying out part B,
there are authorized to be appropriated $118,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the
four succeeding fiscal years.
‘‘(c) EDUCATION
OF MIGRATORY CHILDREN.—For the purpose
of carrying out part C, there are authorized to be appropriated
$310,000,000 for fiscal year 1995 and such sums as may be nec-
essary for each of the four succeeding fiscal years.
‘‘(d) PREVENTION
AND INTERVENTION PROGRAMS
FOR YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR
AT RISK
OF DROPPING
OUT.—For the purpose of carrying out part D, there are authorized
to be appropriated $40,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the four succeeding fiscal years.
‘‘(e) CAPITAL EXPENSES.—For the purpose of carrying out section
1120(e), there are authorized to be appropriated $41,434,000 for
fiscal year 1995 and such sums as may be necessary for each
of the four succeeding fiscal years.
‘‘(f) ADDITIONAL ASSISTANCE FOR SCHOOL IMPROVEMENT.—For
the purpose of providing additional needed assistance to carry out
sections 1116 and 1117, there are authorized to be appropriated
such sums as may be necessary for fiscal year 1996 and each
of the three succeeding fiscal years.
‘‘(g) FEDERAL ACTIVITIES.—
‘‘(1) SECTION 1501.—For the purpose of carrying out section
1501, there are authorized to be appropriated $9,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the four succeeding fiscal years.
‘‘(2) SECTIONS 1502 AND 1503.—For the purpose of carrying
out sections 1502 and 1503, there are authorized to be appro-
priated $50,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal years.
‘‘SEC. 1003. RESERVATION AND ALLOCATION FOR SCHOOL IMPROVE-
MENT.
‘‘(a) PAYMENT FOR SCHOOL IMPROVEMENT.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (3),
each State may reserve for the proper and efficient performance
of its duties under subsections (c)(5) and (d) of section 1116,
and section 1117, one-half of 1 percent of the funds allocated
to the State under subsections (a), (c), and (d), of section 1002
for fiscal year 1995 and each succeeding fiscal year.
‘‘(2) MINIMUM.—The total amount that may be reserved
by each State, other than the outlying areas, under this sub-
section for any fiscal year, when added to amounts appropriated
for such fiscal year under section 1002(f) that are allocated
to the State under subsection (b), if any, may not be less
than $200,000. The total amount that may be reserved by
each outlying area under this subsection for any fiscal year,
when added to amounts appropriated for such fiscal year under
section 1002(f) that are allocated under subsection (b) to the
outlying area, if any, may not be less than $25,000.
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‘‘(3) SPECIAL RULE.—If the amount reserved under para-
graph (1) when added to the amount made available under
section 1002(f) for a State is less than $200,000 for any fiscal
year, then such State may reserve such additional funds under
subsections (a), (c), and (d) of section 1002 as are necessary
to make $200,000 available to such State.
‘‘(b) ADDITIONAL STATE ALLOCATIONS
FOR SCHOOL IMPROVE-
MENT.—From the amount appropriated under section 1002(f) for
any fiscal year, each State shall be eligible to receive an amount
that bears the same ratio to the amount appropriated as the amount
allocated to the State under this part (other than section 1120(e))
bears to the total amount allocated to all States under this part
(other than section 1120(e)).
‘‘PART A—IMPROVING BASIC PROGRAMS OP-
ERATED BY LOCAL EDUCATIONAL AGENCIES
‘‘Subpart 1—Basic Program Requirements
‘‘SEC. 1111. STATE PLANS.
‘‘(a) PLANS REQUIRED.—
‘‘(1) IN GENERAL.—Any State desiring to receive a grant
under this part shall submit to the Secretary a plan, developed
in consultation with local educational agencies, teachers, pupil
services personnel, administrators, other staff, and parents,
that satisfies the requirements of this section and that is coordi-
nated with other programs under this Act, the Goals 2000:
Educate America Act, and other Acts, as appropriate, consistent
with section 14306.
‘‘(2) CONSOLIDATION PLAN.—A State plan submitted under
paragraph (1) may be submitted as part of a consolidation
plan under section 14302.
‘‘(b) STANDARDS AND ASSESSMENTS.—
‘‘(1) CHALLENGING STANDARDS.—(A) Each State plan shall
demonstrate that the State has developed or adopted challeng-
ing content standards and challenging student performance
standards that will be used by the State, its local educational
agencies, and its schools to carry out this part, except that
a State shall not be required to submit such standards to
the Secretary.
‘‘(B) If a State has State content standards or State student
performance standards developed under title III of the Goals
2000: Educate America Act and an aligned set of assessments
for all students developed under such title, or, if not developed
under such title, adopted under another process, the State
shall use such standards and assessments, modified, if nec-
essary, to conform with the requirements of subparagraphs
(A) and (D) of this paragraph, and paragraphs (2) and (3).
‘‘(C) If a State has not adopted State content standards
and State student performance standards for all students, the
State plan shall include a strategy and schedule for developing
State content standards and State student performance stand-
ards for elementary and secondary school children served under
this part in subjects as determined by the State, but including
at least mathematics and reading or language arts by the
end of the one-year period described in paragraph (6), which
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standards shall include the same knowledge, skills, and levels
of performance expected of all children.
‘‘(D) Standards under this paragraph shall include—
‘‘(i) challenging content standards in academic subjects
that—
‘‘(I) specify what children are expected to know
and be able to do;
‘‘(II) contain coherent and rigorous content; and
‘‘(III) encourage the teaching of advanced skills;
‘‘(ii) challenging student performance standards that—
‘‘(I) are aligned with the State’s content standards;
‘‘(II) describe two levels of high performance, pro-
ficient and advanced, that determine how well children
are mastering the material in the State content stand-
ards; and
‘‘(III) describe a third level of performance, par-
tially proficient, to provide complete information about
the progress of the lower performing children toward
achieving to the proficient and advanced levels of
performance.
‘‘(E) For the subjects in which students will be served
under this part, but for which a State is not required by
subparagraphs (A), (B), and (C) to develop, and has not other-
wise developed such standards, the State plan shall describe
a strategy for ensuring that such students are taught the
same knowledge and skills and held to the same expectations
as are all children.
‘‘(2) YEARLY PROGRESS.—
‘‘(A) Each State plan shall demonstrate, based on
assessments described under paragraph (3), what con-
stitutes adequate yearly progress of—
‘‘(i) any school served under this part toward
enabling children to meet the State’s student perform-
ance standards; and
‘‘(ii) any local educational agency that received
funds under this part toward enabling children in
schools receiving assistance under this part to meet
the State’s student performance standards.
‘‘(B) Adequate yearly progress shall be defined in a
manner—
‘‘(i) that is consistent with guidelines established
by the Secretary that result in continuous and substan-
tial yearly improvement of each local educational
agency and school sufficient to achieve the goal of
all children served under this part meeting the State’s
proficient and advanced levels of performance, particu-
larly economically disadvantaged and limited English
proficient children; and
‘‘(ii) that links progress primarily to performance
on the assessments carried out under this section while
permitting progress to be established in part through
the use of other measures.
‘‘(3) ASSESSMENTS.—Each State plan shall demonstrate that
the State has developed or adopted a set of high-quality, yearly
student assessments, including assessments in at least mathe-
matics and reading or language arts, that will be used as
the primary means of determining the yearly performance of
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each local educational agency and school served under this
part in enabling all children served under this part to meet
the State’s student performance standards. Such assessments
shall—
‘‘(A) be the same assessments used to measure the
performance of all children, if the State measures the
performance of all children;
‘‘(B) be aligned with the State’s challenging content
and student performance standards and provide coherent
information about student attainment of such standards;
‘‘(C) be used for purposes for which such assessments
are valid and reliable, and be consistent with relevant,
nationally recognized professional and technical standards
for such assessments;
‘‘(D) measure the proficiency of students in the aca-
demic subjects in which a State has adopted challenging
content and student performance standards and be
administered at some time during—
‘‘(i) grades 3 through 5;
‘‘(ii) grades 6 through 9; and
‘‘(iii) grades 10 through 12;
‘‘(E) involve multiple up-to-date measures of student
performance, including measures that assess higher order
thinking skills and understanding;
‘‘(F) provide for—
‘‘(i) the participation in such assessments of all
students;
‘‘(ii) the reasonable adaptations and accommoda-
tions for students with diverse learning needs, nec-
essary to measure the achievement of such students
relative to State content standards; and
‘‘(iii) the inclusion of limited English proficient stu-
dents who shall be assessed, to the extent practicable,
in the language and form most likely to yield accurate
and reliable information on what such students know
and can do, to determine such students’ mastery of
skills in subjects other than English;
‘‘(G) include students who have attended schools in
a local educational agency for a full academic year but
have not attended a single school for a full academic year,
however the performance of students who have attended
more than one school in the local educational agency in
any academic year shall be used only in determining the
progress of the local educational agency;
‘‘(H) provide individual student interpretive and
descriptive reports, which shall include scores, or other
information on the attainment of student performance
standards; and
‘‘(I) enable results to be disaggregated within each
State, local educational agency, and school by gender, by
each major racial and ethnic group, by English proficiency
status, by migrant status, by students with disabilities
as compared to nondisabled students, and by economically
disadvantaged students as compared to students who are
not economically disadvantaged.
‘‘(4) SPECIAL RULE.—Assessment measures that do not meet
the requirements of paragraph (3)(C) may be included as one
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of the multiple measures, if a State includes in the State
plan information regarding the State’s efforts to validate such
measures.
‘‘(5) LANGUAGE ASSESSMENTS.—Each State plan shall iden-
tify the languages other than English that are present in the
participating student population and indicate the languages
for which yearly student assessments are not available and
are needed. The State shall make every effort to develop such
assessments and may request assistance from the Secretary
if linguistically accessible assessment measures are needed.
Upon request, the Secretary shall assist with the identification
of appropriate assessment measures in the needed languages
through the Office of Bilingual Education and Minority Lan-
guages Affairs.
‘‘(6) STANDARD
AND
ASSESSMENT
DEVELOPMENT.—(A) A
State that does not have challenging State content standards
and challenging State student performance standards, in at
least mathematics and reading or language arts, shall develop
such standards within one year of receiving funds under this
part after the first fiscal year for which such State receives
such funds after the date of enactment of the Improving Ameri-
ca’s Schools Act of 1994.
‘‘(B) A State that does not have assessments that meet
the requirements of paragraph (3) in at least mathematics
and reading or language arts shall develop and test such assess-
ments within four years (one year of which shall be used
for field testing such assessment), of receiving funds under
this part after the first fiscal year for which such State receives
such funds after the date of enactment of the Improving Ameri-
ca’s Schools Act of 1994 and shall develop benchmarks of
progress toward the development of such assessments that
meet the requirements of paragraph (3), including periodic
updates.
‘‘(C) The Secretary may extend for one additional year
the time for testing new assessments under subparagraph (B)
upon the request of the State and the submission of a strategy
to correct problems identified in the field testing of such new
assessments.
‘‘(D) If, after the one-year period described in subparagraph
(A), a State does not have challenging State content and chal-
lenging student performance standards in at least mathematics
and reading or language arts, a State shall adopt a set of
standards in these subjects such as the standards and assess-
ments contained in other State plans the Secretary has
approved.
‘‘(E) If, after the four-year period described in subparagraph
(B), a State does not have assessments, in at least mathematics
and reading or language arts, that meet the requirement of
paragraph (3), and is denied an extension under subparagraph
(C), a State shall adopt an assessment that meets the require-
ment of paragraph (3) such as one contained in other State
plans the Secretary has approved.
‘‘(7) TRANSITIONAL ASSESSMENTS.—(A) If a State does not
have assessments that meet the requirements of paragraph
(3) and proposes to develop such assessments under paragraph
(6)(B), the State may propose to use a transitional set of yearly
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statewide assessments that will assess the performance of com-
plex skills and challenging subject matter.
‘‘(B) For any year in which a State uses transitional assess-
ments, the State shall devise a procedure for identifying local
educational agencies under paragraphs (3) and (7) of section
1116(d), and schools under paragraphs (1) and (7) of section
1116(c), that rely on accurate information about the academic
progress of each such local educational agency and school.
‘‘(8) REQUIREMENT.—Each State plan shall describe—
‘‘(A) how the State educational agency will help each
local educational agency and school affected by the State
plan develop the capacity to comply with each of the
requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c)
that is applicable to such agency or school; and
‘‘(B) such other factors the State deems appropriate
(which may include opportunity-to-learn standards or
strategies developed under the Goals 2000: Educate Amer-
ica Act) to provide students an opportunity to achieve the
knowledge and skills described in the challenging content
standards adopted by the State.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.—
Each State plan shall contain assurances that—
‘‘(1)(A) the State educational agency will implement a sys-
tem of school support teams under section 1117(c), including
provision of necessary professional development for those teams;
‘‘(B) the State educational agency will work with other
agencies, including educational service agencies or other local
consortia, and institutions to provide technical assistance to
local educational agencies and schools to carry out the State
educational agency’s responsibilities under this part, including
technical assistance in providing professional development
under section 1119 and technical assistance under section 1117;
and
‘‘(C)(i) where educational service agencies exist, the State
educational agency will consider providing professional develop-
ment and technical assistance through such agencies; and
‘‘(ii) where educational service agencies do not exist, the
State educational agency will consider providing professional
development and technical assistance through other cooperative
agreements such as through a consortium of local educational
agencies;
‘‘(2) the State educational agency will notify local edu-
cational agencies and the public of the standards and assess-
ments developed under this section, and of the authority to
operate schoolwide programs, and will fulfill the State edu-
cational agency’s responsibilities regarding local educational
agency improvement and school improvement under section
1116, including such corrective actions as are necessary;
‘‘(3) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this part;
‘‘(4) the State educational agency will encourage the use
of funds from other Federal, State, and local sources for
schoolwide reform in schoolwide programs under section 1114;
‘‘(5) the Committee of Practitioners established under sec-
tion 1603(b) will be substantially involved in the development
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of the plan and will continue to be involved in monitoring
the plan’s implementation by the State; and
‘‘(6) the State will coordinate activities funded under this
part with school-to-work, vocational education, cooperative edu-
cation and mentoring programs, and apprenticeship programs
involving business, labor, and industry, as appropriate.
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) establish a peer review process to assist in the
review and recommendations for revision of State plans;
‘‘(B) appoint individuals to the peer review process
who are representative of State educational agencies, local
educational agencies, teachers, and parents;
‘‘(C) following an initial peer review, approve a State
plan the Secretary determines meets the requirements of
subsections (a), (b), and (c);
‘‘(D) if the Secretary determines that the State plan
does not meet the requirements of subsection (a), (b), or
(c), immediately notify the State of such determination
and the reasons for such determination;
‘‘(E) not decline to approve a State’s plan before—
‘‘(i) offering the State an opportunity to revise
its plan;
‘‘(ii) providing technical assistance in order to
assist the State to meet the requirements under sub-
sections (a), (b), and (c); and
‘‘(iii) providing a hearing; and
‘‘(F) have the authority to disapprove a State plan
for not meeting the requirements of this part, but shall
not have the authority to require a State, as a condition
of approval of the State plan, to include in, or delete
from, such plan one or more specific elements of the State’s
content standards or to use specific assessment instruments
or items.
‘‘(2) WITHHOLDING.—The Secretary may withhold funds for
State administration and activities under section 1117 until
the Secretary determines that the State plan meets the require-
ments of this section.
‘‘(e) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan shall—
‘‘(A) remain in effect for the duration of the State’s
participation under this part; and
‘‘(B) be periodically reviewed and revised by the State,
as necessary, to reflect changes in the State’s strategies
and programs under this part.
‘‘(2) ADDITIONAL INFORMATION.—If the State makes signifi-
cant changes in its plan, such as the adoption of new State
content standards and State student performance standards,
new assessments, or a new definition of adequate progress,
the State shall submit such information to the Secretary.
‘‘(f) LIMITATION ON CONDITIONS.—Nothing in this part shall
be construed to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local educational
agency, or school’s specific instructional content or student perform-
ance standards and assessments, opportunity-to-learn standards
or strategies, curriculum, or program of instruction, as a condition
of eligibility to receive funds under this part.
H. R. 6—12
‘‘(g) PROHIBITION.—Nothing in this Act shall be construed to
require any State educational agency, local educational agency,
or school, to implement opportunity-to-learn standards or strategies
developed by such State under the Goals 2000: Educate America
Act.
‘‘(h) SPECIAL RULE.—If the aggregate State expenditure by a
State educational agency for the operation of elementary and
secondary education programs in the State is less than such agen-
cy’s aggregate Federal expenditure for the State operation of all
Federal elementary and secondary education programs, then the
State plan shall include assurances and specific provisions that
such State will provide State expenditures for the operation of
elementary and secondary education programs equal to or exceeding
the level of Federal expenditures for such operation by October
1, 1998.
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
‘‘(a) PLANS REQUIRED.—
‘‘(1) SUBGRANTS.—A local educational agency may receive
a subgrant under this part for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is coordinated
with other programs under this Act, the Goals 2000: Educate
America Act, and other Acts, as appropriate, as specified in
section 14306.
‘‘(2) CONSOLIDATED APPLICATION.—The plan may be submit-
ted as part of a consolidated application under section 14304.
‘‘(b) PLAN PROVISIONS.—Each local educational agency plan
shall include—
‘‘(1) a description of additional high-quality student assess-
ments, if any, other than the assessments described in the
State plan under section 1111, that the local educational agency
and schools served under this part will use to—
‘‘(A) determine the success of children served under
this part in meeting the State’s student performance stand-
ards and provide information to teachers, parents, and
students on the progress being made toward meeting the
State student performance standards described in section
1111(b)(1)(D)(ii);
‘‘(B) assist in diagnosis, teaching, and learning in the
classroom in ways that best enable children served under
this part to meet State standards and do well in the local
curriculum; and
‘‘(C) determine what revisions are needed to projects
under this part so that such children will meet the State’s
student performance standards;
‘‘(2) at the local educational agency’s discretion, a descrip-
tion of any other indicators that will be used in addition to
the assessments described in paragraph (1) for the uses
described in such paragraph;
‘‘(3) a description of the strategy the local educational
agency will use to provide professional development for teach-
ers, and, where appropriate, pupil services personnel, adminis-
trators, parents and other staff, including local educational
agency level staff in accordance with section 1119;
‘‘(4) a description of how the local educational agency will
coordinate and integrate services provided under this part with
H. R. 6—13
other educational services at the local educational agency or
individual school level, such as—
‘‘(A) Even Start, Head Start, and other preschool pro-
grams, including plans for the transition of participants
in such programs to local elementary school programs,
vocational education programs, and school-to-work transi-
tion programs; and
‘‘(B) services for children with limited English pro-
ficiency or with disabilities, migratory children served
under part C or who were formerly eligible for services
under part C in the two-year period preceding the date
of the enactment of the Improving America’s School Act
of 1994, neglected or delinquent youth and youth at risk
of dropping out served under part D, homeless children,
and immigrant children in order to increase program
effectiveness, eliminate duplication, and reduce fragmenta-
tion of the instructional program;
‘‘(5) a description of the poverty criteria that will be used
to select school attendance areas under section 1113;
‘‘(6) a description of how teachers, in consultation with
parents, administrators, and pupil services personnel, in tar-
geted assistance schools under section 1115, will identify the
eligible children most in need of services under this part;
‘‘(7) a general description of the nature of the programs
to be conducted by such agency’s schools under sections 1114
and 1115 and, where appropriate, educational services outside
such schools for children living in local institutions for neglected
or delinquent children, for neglected and delinquent children
in community day school programs, and for eligible homeless
children;
‘‘(8) a description of how the local educational agency will
ensure that migratory children and formerly migratory children
who are eligible to receive services under this part are selected
to receive such services on the same basis as other children
who are selected to receive services under this part;
‘‘(9) where appropriate, a description of how the local edu-
cational agency will use funds under this part to support pre-
school programs for children, particularly children participating
in a Head Start or Even Start program, which services may
be provided directly by the local educational agency or through
a subcontract with the local Head Start agency designated
by the Secretary of Health and Human Services under section
641 of the Head Start Act, agencies operating Even Start pro-
grams, or another comparable public early childhood develop-
ment program.
‘‘(c) ASSURANCES.—
‘‘(1) IN GENERAL.—Each local educational agency plan shall
provide assurances that the local educational agency will—
‘‘(A) inform eligible schools and parents of schoolwide
project authority;
‘‘(B) provide technical assistance and support to
schoolwide programs;
‘‘(C) work in consultation with schools as the schools
develop the schools’ plans pursuant to section 1114 and
assist schools as the schools implement such plans or
undertake activities pursuant to section 1115 so that each
school can make adequate yearly progress toward meeting
H. R. 6—14
the State content standards and State student performance
standards;
‘‘(D) fulfill such agency’s school improvement respon-
sibilities under section 1116, including taking corrective
actions under section 1116(c)(4);
‘‘(E) coordinate and collaborate, to the extent feasible
and necessary as determined by the local educational
agency, with other agencies providing services to children,
youth, and families, including health and social services;
‘‘(F) provide services to eligible children attending pri-
vate elementary and secondary schools in accordance with
section 1120, and timely and meaningful consultation with
private school officials regarding such services;
‘‘(G) take into account the experience of model pro-
grams for the educationally disadvantaged, and the find-
ings of relevant research indicating that services may be
most effective if focused on students in the earliest grades
at schools that receive funds under this part; and
‘‘(H) beginning in fiscal year 1997 and in the case
that a local educational agency chooses to use funds under
this part to provide early childhood development services
to low-income children below the age of compulsory school
attendance, ensure that such services comply with the
performance standards established under section 641A(a)
of the Head Start Act or under section 651 of such Act,
as such section 651 was in effect on the day preceding
the date of enactment of the Human Services Amendments
of 1994.
‘‘(2) SPECIAL RULE.—In carrying out subparagraph (H) of
paragraph (1) the Secretary—
‘‘(A) in fiscal year 1995, shall consult with the Secretary
of Health and Human Services on the implementation of
such subparagraph and shall establish procedures (taking
into consideration existing State and local laws, and local
teacher contracts) to assist local educational agencies to
comply with such subparagraph; and
‘‘(B) in fiscal year 1996, shall disseminate to local
educational agencies the Head Start Performance Stand-
ards revised pursuant to section 641A(a) of the Head Start
Act, and such agencies effected by such subparagraph shall
plan for the implementation of such subparagraph (taking
into consideration existing State and local laws, and local
teacher contracts), including pursuing the availability of
other Federal, State, and local funding sources to assist
in compliance with such subparagraph.
‘‘(3) INAPPLICABILITY.—The provisions of this subsection
shall not apply to preschool programs using the Even Start
model or to Even Start programs which are expanded through
the use of funds under this part.
‘‘(d) PLAN DEVELOPMENT
AND DURATION.—Each local edu-
cational agency plan shall—
‘‘(1) be developed in consultation with teachers, including
vocational teachers, and pupil services personnel, where appro-
priate, and parents of children in schools served under this
part; and
‘‘(2)(A) remain in effect for the duration of the local edu-
cational agency’s participation under this part; and
H. R. 6—15
‘‘(B) periodically be reviewed and revised, as necessary,
to reflect changes in the local educational agency’s strategies
and programs.
‘‘(e) STATE APPROVAL.—
‘‘(1) IN GENERAL.—Each local educational agency plan shall
be filed according to a schedule established by the State edu-
cational agency, except that a local educational agency shall
have not more than one year after the date of enactment
of the Improving America’s Schools Act of 1994 to have such
plan provisionally approved by the State educational agency
and not more than two years after the date of enactment
of such Act to have such plan finally approved by the State
educational agency.
‘‘(2) APPROVAL.—The State educational agency shall
approve a local educational agency’s plan only if the State
educational agency determines that the local educational
agency’s plan will enable schools served under this part to
substantially help all children served under this part meet
the standards expected of all children described in section
1111(b)(1).
‘‘(3) REVIEW.—The State educational agency shall review
the local educational agency’s plan to determine if such agency’s
professional development activities are in accordance with sec-
tion 1119.
‘‘(f) PROGRAM RESPONSIBILITY.—The local educational agency
plan shall reflect the shared responsibility of schools, teachers,
and the local educational agency in making decisions regarding
activities under sections 1114 and 1115.
‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
‘‘(a) DETERMINATION.—
‘‘(1) IN
GENERAL.—A local educational agency shall use
funds received under this part only in eligible school attendance
areas.
‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—For the pur-
poses of this part—
‘‘(A) the term ‘school attendance area’ means, in rela-
tion to a particular school, the geographical area in which
the children who are normally served by that school reside;
and
‘‘(B) the term ‘eligible school attendance area’ means
a school attendance area in which the percentage of chil-
dren from low-income families is at least as high as the
percentage of children from low-income families in the local
educational agency as a whole.
‘‘(3) RANKING ORDER.—If funds allocated in accordance with
subsection (c) are insufficient to serve all eligible school attend-
ance areas, a local educational agency shall—
‘‘(A) annually rank, without regard to grade spans,
such agency’s eligible school attendance areas in which
the concentration of children from low-income families
exceeds 75 percent from highest to lowest according to
the percentage of children from low-income families; and
‘‘(B) serve such eligible school attendance areas in rank
order.
H. R. 6—16
‘‘(4) REMAINING FUNDS.—If funds remain after serving all
eligible school attendance areas under paragraph (3), a local
educational agency shall—
‘‘(A) annually rank such agency’s remaining eligible
school attendance areas from highest to lowest either by
grade span or for the entire local educational agency accord-
ing to the percentage of children from low-income families;
and
‘‘(B) serve such eligible school attendance areas in rank
order either within each grade-span grouping or within
the local educational agency as a whole.
‘‘(5) MEASURES.—The local educational agency shall use
the same measure of poverty, which measure shall be the
number of children ages 5 through 17 in poverty counted in
the most recent census data approved by the Secretary, the
number of children eligible for free and reduced priced lunches
under the National School Lunch Act, the number of children
in families receiving assistance under the Aid to Families with
Dependent Children program, or the number of children eligible
to receive medical assistance under the Medicaid program, or
a composite of such indicators, with respect to all school attend-
ance areas in the local educational agency—
‘‘(A) to identify eligible school attendance areas;
‘‘(B) to determine the ranking of each area; and
‘‘(C) to determine allocations under subsection (c).
‘‘(6) EXCEPTION.—This subsection shall not apply to a local
educational agency with a total enrollment of less than 1,000
children.
‘‘(7) WAIVER
FOR
DESEGREGATION
PLANS.—The Secretary
may approve a local educational agency’s written request for
a waiver of the requirements of subsections (a) and (c), and
permit such agency to treat as eligible, and serve, any school
that children attend with a State-ordered or a court-ordered
school desegregation plan or a plan that continues to be imple-
mented in accordance with a State-ordered or court-ordered
desegregation plan, if (A) the number of economically disadvan-
taged children enrolled in the school is at least 25 percent
of the school’s total enrollment; and (B) the Secretary deter-
mines on the basis of a written request from such agency
and in accordance with such criteria as the Secretary estab-
lishes, that approval of that request would further the purposes
of this part.
‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—
‘‘(1) IN
GENERAL.—Notwithstanding subsection (a)(2), a
local educational agency may—
‘‘(A) designate as eligible any school attendance area
or school in which at least 35 percent of the children
are from low-income families;
‘‘(B) use funds received under this part in a school
that is not in an eligible school attendance area, if the
percentage of children from low-income families enrolled
in the school is equal to or greater than the percentage
of such children in a participating school attendance area
of such agency; and
‘‘(C) elect not to serve an eligible school attendance
area or eligible school that has a higher percentage of
children from low-income families if—
H. R. 6—17
‘‘(i) the school meets the comparability require-
ments of section 1120A(c);
‘‘(ii) the school is receiving supplemental funds
from other State or local sources that are spent accord-
ing to the requirements of section 1114 or 1115; and
‘‘(iii) the funds expended from such other sources
equal or exceed the amount that would be provided
under this part.
‘‘(2) SPECIAL RULE.—Notwithstanding paragraph (1)(C), the
number of children attending private elementary and secondary
schools who are to receive services, and the assistance such
children are to receive under this part, shall be determined
without regard to whether the public school attendance area
in which such children reside is assisted under paragraph (1).
‘‘(c) ALLOCATIONS.—
‘‘(1) IN GENERAL.—A local educational agency shall allocate
funds received under this part to eligible school attendance
areas or eligible schools, identified under subsection (a) or
(b), in rank order, on the basis of the total number of children
from low-income families in each area or school.
‘‘(2) SPECIAL RULE.—(A) Except as provided in subpara-
graph (B), the per pupil amount of funds allocated to each
school attendance area or school under paragraph (1) shall
be at least 125 percent of the per pupil amount of funds
a local educational agency received for that year under the
poverty criteria described by the local educational agency in
the plan submitted under section 1112, except that this para-
graph shall not apply to a local educational agency that only
serves schools in which the percentage of such children is
35 percent or greater.
‘‘(B) A local educational agency may reduce the amount
of funds allocated under subparagraph (A) for a school attend-
ance area or school by the amount of any supplemental State
and local funds expended in that school attendance area or
school for programs that meet the requirements of section 1114
or 1115.
‘‘(3) RESERVATION.—A local educational agency shall
reserve such funds as are necessary under this part to provide
services comparable to those provided to children in schools
funded under this part to serve—
‘‘(A) where appropriate, eligible homeless children who
do not attend participating schools, including providing
educationally related support services to children in shel-
ters;
‘‘(B) children in local institutions for neglected or delin-
quent children; and
‘‘(C) where appropriate, neglected and delinquent chil-
dren in community day school programs.
‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.
‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—
‘‘(1) IN
GENERAL.—A local educational agency may use
funds under this part, in combination with other Federal, State,
and local funds, in order to upgrade the entire educational
program in a school described in subparagraph (A) or (B) if,
for the initial year of the schoolwide program, the school meets
either of the following criteria:
H. R. 6—18
‘‘(A) For the school year 1995–1996—
‘‘(i) the school serves an eligible school attendance
area in which not less than 60 percent of the children
are from low-income families; or
‘‘(ii) not less than 60 percent of the children
enrolled in the school are from such families.
‘‘(B) For the school year 1996–1997 and subsequent
years—
‘‘(i) the school serves an eligible school attendance
area in which not less than 50 percent of the children
are from low-income families; or
‘‘(ii) not less than 50 percent of the children
enrolled in the school are from such families.
‘‘(2) STATE ASSURANCES.—(A) A local educational agency
may start new schoolwide programs under this section only
after the State educational agency provides written information
to each local educational agency in the State that demonstrates
that such State agency has established the statewide system
of support and improvement required by subsections (c)(1) and
(e) of section 1117.
‘‘(B) A school that desires to initiate a schoolwide program
under this section prior to the establishment of the statewide
system of support and improvement required in subsections
(c)(1) and (e) of section 1117 shall demonstrate to the local
educational agency that such school has received high quality
technical assistance and support from other providers of assist-
ance such as comprehensive technical assistance centers,
regional laboratories, institutions of higher education, edu-
cational service agencies, or other local consortia.
‘‘(3) IDENTIFICATION.—(A) No school participating in a
schoolwide program shall be required to identify particular
children under this part as eligible to participate in a
schoolwide program or to provide supplemental services to such
children.
‘‘(B) A school participating in a schoolwide program shall
use funds available to carry out this section only to supplement
the amount of funds that would, in the absence of funds under
this part, be made available from non-Federal sources for the
school, including funds needed to provide services that are
required by law for children with disabilities and children with
limited English proficiency.
‘‘(4) SPECIAL RULE.—(A) Except as provided in subsection
(b), the Secretary may, through publication of a notice in the
Federal Register, exempt schoolwide programs under this sec-
tion from statutory or regulatory provisions of any other
noncompetitive formula grant program administered by the
Secretary, or any discretionary grant program administered
by the Secretary (other than formula or discretionary grant
programs under the Individuals with Disabilities Education
Act), to support schoolwide programs, if the intent and purposes
of such other programs are met.
‘‘(B) A school that chooses to use funds from such other
programs shall not be relieved of the requirements relating
to health, safety, civil rights, gender equity, student and paren-
tal participation and involvement, services to private school
children, maintenance of effort, comparability of services, uses
of Federal funds to supplement, not supplant non-Federal
H. R. 6—19
funds, or the distribution of funds to State or local educational
agencies that apply to the receipt of funds from such programs.
‘‘(5) PROFESSIONAL DEVELOPMENT.—Each school receiving
funds under this part for any fiscal year shall devote sufficient
resources to effectively carry out the activities described in
subsection (b)(1)(D) in accordance with section 1119 for such
fiscal year, except that a school may enter into a consortium
with another school to carry out such activities.
‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—
‘‘(1) IN GENERAL.—A schoolwide program shall include the
following components:
‘‘(A) A comprehensive needs assessment of the entire
school that is based on information on the performance
of children in relation to the State content standards and
the State student performance standards described in sec-
tion 1111(b)(1).
‘‘(B) Schoolwide reform strategies that—
‘‘(i) provide opportunities for all children to meet
the State’s proficient and advanced levels of student
performance described in section 1111(b)(1)(D);
‘‘(ii) are based on effective means of improving
the achievement of children;
‘‘(iii) use effective instructional strategies, which
may include the integration of vocational and academic
learning (including applied learning and team teaching
strategies), that—
‘‘(I) increase the amount and quality of learn-
ing time, such as providing an extended school
year and before- and after-school and summer pro-
grams and opportunities, and help provide an
enriched and accelerated curriculum; and
‘‘(II) include strategies for meeting the edu-
cational needs of historically underserved popu-
lations, including girls and women;
‘‘(iv)(I) address the needs of all children in the
school, but particularly the needs of children who are
members of the target population of any program that
is included in the schoolwide program, which may
include—
‘‘(aa) counseling, pupil services, and mentoring
services;
‘‘(bb) college and career awareness and
preparation, such as college and career guidance,
comprehensive career development, occupational
information, enhancement of employability skills
and occupational skills, personal finance education,
job placement services, and innovative teaching
methods which may include applied learning and
team teaching strategies;
‘‘(cc) services to prepare students for the
transition from school to work, including the
formation of partnerships between elementary,
middle, 
and 
secondary 
schools 
and 
local
businesses, and the integration of school-based and
work-based learning; and
‘‘(dd) incorporation of gender-equitable meth-
ods and practices; and
H. R. 6—20
‘‘(II) address how the school will determine if such
needs have been met; and
‘‘(vii) are consistent with, and are designed to
implement, the State and local improvement plans,
if any, approved under title III of the Goals 2000:
Educate America Act.
‘‘(C) Instruction by highly qualified professional staff.
‘‘(D) In accordance with section 1119 and subsection
(a)(5), professional development for teachers and aides, and,
where appropriate, pupil services personnel, parents, prin-
cipals, and other staff to enable all children in the school
to meet the State’s student performance standards.
‘‘(E) Strategies to increase parental involvement, such
as family literary services.
‘‘(F) Plans for assisting preschool children in the transi-
tion from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs.
‘‘(G) Measures to include teachers in the decisions
regarding the use of assessments described in section
1112(b)(1) in order to provide information on, and to
improve, the performance of individual students and the
overall instructional program.
‘‘(H) Activities to ensure that students who experience
difficulty mastering any of the standards required by sec-
tion 1111(b) during the course of the school year shall
be provided with effective, timely additional assistance,
which shall include—
‘‘(i) measures to ensure that students’ difficulties
are identified on a timely basis and to provide sufficient
information on which to base effective assistance;
‘‘(ii) to the extent the school determines feasible
using funds under this part, periodic training for teach-
ers in how to identify such difficulties and to provide
assistance to individual students; and
‘‘(iii) for any student who has not met such stand-
ards, teacher-parent conferences, at which time the
teacher and parents shall discuss—
‘‘(I) what the school will do to help the student
meet such standards;
‘‘(II) what the parents can do to help the stu-
dent improve the student’s performance; and
‘‘(III) additional assistance which may be
available to the student at the school or elsewhere
in the community.
‘‘(2) PLAN.—(A) Any eligible school that desires to operate
a schoolwide program shall first develop (or amend a plan
for such a program that was in existence before the date of
enactment of the Improving America’s Schools Act of 1994),
in consultation with the local educational agency and its school
support team or other technical assistance provider under sub-
sections (c)(1) and (e) of section 1117, a comprehensive plan
for reforming the total instructional program in the school
that—
‘‘(i) incorporates the components described in para-
graph (1);
H. R. 6—21
‘‘(ii) describes how the school will use resources under
this part and from other sources to implement those compo-
nents;
‘‘(iii) includes a list of State and local educational
agency programs and other Federal programs under sub-
section (a)(4) that will be included in the schoolwide pro-
gram;
‘‘(iv) describes how the school will provide individual
student assessment results, including an interpretation of
those results, to the parents of a child who participates
in the assessment required by section 1111(b)(3);
‘‘(v) provides for the collection of data on the achieve-
ment and assessment results of students disaggregated
by gender, major ethnic or racial groups, limited English
proficiency status, migrant students, and by children with
disabilities as compared to other students, and by economi-
cally disadvantaged students as compared to students who
are not economically disadvantaged;
‘‘(vi) seeks to produce statistically sound results for
each 
category 
for 
which 
assessment 
results 
are
disaggregated through the use of oversampling or other
means; and
‘‘(vii) provides for the public reporting of disaggregated
data only when such reporting is statistically sound.
‘‘(B) Plans developed before a State has adopted standards
and a set of assessments that meet the criteria in paragraphs
(1) and (3) of section 1111(b) shall be based on an analysis
of available data on the achievement of students in the school
and effective instructional and school improvement practices.
‘‘(C) The comprehensive plan shall be—
‘‘(i) developed during a one-year period, unless—
‘‘(I) the local educational agency, after considering
the recommendation of the technical assistance pro-
viders under subsections (c) and (e) of section 1117,
determines that less time is needed to develop and
implement the schoolwide program; or
‘‘(II) the school is operating a schoolwide program
on the day preceding the date of enactment of the
Improving America’s Schools Act of 1994, in which
case such school may continue to operate such program,
but shall develop a new plan during the first year
of assistance under such Act to reflect the provisions
of this section;
‘‘(ii) developed with the involvement of the community
to be served and individuals who will carry out such plan,
including teachers, principals, other staff, and, where
appropriate, pupil services personnel, and parents, and,
if the plan relates to a secondary school, students from
such school;
‘‘(iii) in effect for the duration of the school’s participa-
tion under this part and reviewed and revised, as nec-
essary, by the school;
‘‘(iv) available to the local educational agency, parents,
and the public, and the information contained in such
plan shall be translated, to the extent feasible, into any
language that a significant percentage of the parents of
H. R. 6—22
participating children in the school speak as their primary
language; and
‘‘(v) where appropriate, developed in coordination with
programs under the School-to-Work Opportunities Act of
1994, the Carl D. Perkins Vocational and Applied Tech-
nology Education Act, and the National and Community
Service Act of 1990.
‘‘(c) ACCOUNTABILITY.—A schoolwide program under this section
shall be subject to the school improvement provisions of section
1116.
‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
‘‘(a) IN GENERAL.—In all schools selected to receive funds under
section 1113(c) that are ineligible for a schoolwide program under
section 1114, or that choose not to operate such a schoolwide pro-
gram, a local educational agency may use funds received under
this part only for programs that provide services to eligible children
under subsection (b) identified as having the greatest need for
special assistance.
‘‘(b) ELIGIBLE CHILDREN.—
‘‘(1) ELIGIBLE POPULATION.—(A) The eligible population for
services under this part is—
‘‘(i) children not older than age 21 who are entitled
to a free public education through grade 12; and
‘‘(ii) children who are not yet at a grade level where
the local educational agency provides a free public edu-
cation, yet are of an age at which such children can benefit
from an organized instructional program provided in a
school or other educational setting.
‘‘(B) From the population described in subparagraph (A),
eligible children are children identified by the school as failing,
or most at risk of failing, to meet the State’s challenging student
performance standards on the basis of multiple, educationally
related, objective criteria established by the local educational
agency and supplemented by the school, except that children
from preschool through grade two shall be selected solely on
the basis of such criteria as teacher judgment, interviews with
parents, and developmentally appropriate measures.
‘‘(2) CHILDREN INCLUDED.—(A)(i) Children who are economi-
cally disadvantaged, children with disabilities, migrant children
or limited English proficient children, are eligible for services
under this part on the same basis as other children selected
to receive services under this part.
‘‘(ii) Funds received under this part may not be used to
provide services that are otherwise required by law to be made
available to such children but may be used to coordinate or
supplement such services.
‘‘(B) A child who, at any time in the two years preceding
the year for which the determination is made, participated
in a Head Start or Even Start program, is eligible for services
under this part.
‘‘(C)(i) A child who, at any time in the two years preceding
the year for which the determination is made, received services
under the program for youth who are neglected, delinquent,
or at risk of dropping out under part D (or its predecessor
authority) may be eligible for services under this part.
H. R. 6—23
‘‘(ii) A child in a local institution for neglected or delinquent
children or attending a community day program for such chil-
dren may be eligible for services under this part.
‘‘(D) A child who is homeless and attending any school
in the local educational agency may be eligible for services
under this part.
‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE SCHOOL PRO-
GRAM.—
‘‘(1) IN
GENERAL.—To assist targeted assistance schools
and local educational agencies to meet their responsibility to
provide for all their students served under this part the oppor-
tunity to meet the State’s student performance standards in
subjects as determined by the State, each targeted assistance
program under this section shall—
‘‘(A) use such program’s resources under this part to
help participating children meet such State student
performance standards expected for all children;
‘‘(B) be based on effective means for improving achieve-
ment of children;
‘‘(C) ensure that planning for students served under
this part is incorporated into existing school planning;
‘‘(D) use effective instructional strategies that—
‘‘(i) give primary consideration to providing
extended learning time such as an extended school
year, before- and after-school, and summer, programs
and opportunities;
‘‘(ii) help provide an accelerated, high-quality
curriculum, including applied learning; and
‘‘(iii) minimize removing children from the regular
classroom during regular school hours for instruction
provided under this part;
‘‘(E) coordinate with and support the regular education
program, which may include—
‘‘(i) counseling, mentoring, and other pupil serv-
ices;
‘‘(ii) college and career awareness and preparation,
such as college and career guidance, comprehensive
career 
development, 
occupational 
information,
enhancement of employability skills and occupational
skills, personal finance education, job placement serv-
ices, and innovative teaching methods which may
include applied learning and team teaching strategies;
‘‘(iii) services to prepare students for the transition
from school to work, including the formation of partner-
ships between elementary, middle, and secondary
schools and local businesses, and the integration of
school-based and work-based learning; and
‘‘(iv) services to assist preschool children in the
transition from early childhood programs to elementary
school programs;
‘‘(F) provide instruction by highly qualified staff;
‘‘(G) in accordance with subsection (e)(3) and section
1119, provide opportunities for professional development
with resources provided under this part, and from other
sources to the extent feasible, for administrators and for
teachers and other school staff who work with participating
H. R. 6—24
children in programs under this section or in the regular
education program; and
‘‘(H) provide strategies to increase parental involve-
ment, such as family literary services.
‘‘(2) REQUIREMENTS.—Each school conducting a program
under this section shall assist participating children selected
in accordance with subsection (b) to meet the State’s proficient
and advanced levels of performance by—
‘‘(A) the coordination of resources provided under this
part with other resources to enable the children served
to meet the State content standards and State student
performance standards; and
‘‘(B) reviewing, on an ongoing basis, the progress of
participating children and revising the targeted assistance
program, if necessary, to provide additional assistance to
enable such children to meet the State’s challenging stu-
dent performance standards, such as an extended school
year, before- and after-school, and summer, programs and
opportunities, training for teachers regarding how to iden-
tify students that require additional assistance, and train-
ing for teachers regarding how to implement student
performance standards in the classroom.
‘‘(d) ASSIGNMENT OF PERSONNEL.—To promote the integration
of staff supported with funds under this part and children served
under this part into the regular school program and overall school
planning and improvement efforts, public school personnel who
are paid with funds received under this part may—
‘‘(1) assume limited duties that are assigned to similar
personnel who are not so paid, including duties beyond class-
room instruction or that do not benefit participating children,
so long as the amount of time spent on such duties is the
same proportion of total work time as prevails with respect
to similar personnel at the same school;
‘‘(2) participate in general professional development and
school planning activities; and
‘‘(3) collaboratively teach with regular classroom teachers,
if such collaborative teaching directly benefits participating
children.
‘‘(e) SPECIAL RULES.—
‘‘(1) SIMULTANEOUS SERVICE.—Nothing in this section shall
be construed to prohibit a school from serving students served
under this section simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
‘‘(2) COMPREHENSIVE SERVICES.—If health, nutrition, and
other social services are not otherwise available to eligible
children in a targeted assistance school and such school, if
appropriate, has engaged in a comprehensive needs assessment
and established a collaborative partnership with local service
providers, and if funds are not reasonably available from other
public or private sources to provide services under this part,
then a portion of the funds provided under this part may
be used as a last resort to provide such services, including—
‘‘(A) the provision of basic medical equipment, such
as eyeglasses and hearing aids;
‘‘(B) compensation of a coordinator; and
H. R. 6—25
‘‘(C) professional development necessary to assist teach-
ers, pupil services personnel, other staff, and parents in
identifying and meeting the comprehensive needs of eligible
children.
‘‘(3) PROFESSIONAL DEVELOPMENT.—Each school receiving
funds under this part for any fiscal year shall devote sufficient
resources to effectively carry out the professional development
activities described in subparagraph (G) of subsection (c)(1)
in accordance with section 1119, for such fiscal year, except
that a school may enter into a consortium with another school
to carry out such activities.
‘‘SEC. 1115A. SCHOOL CHOICE.
‘‘(a) CHOICE PROGRAMS.—A local educational agency may use
funds under this part, in combination with State, local, and private
funds, to develop and implement choice programs, for children
eligible for assistance under this part, which permit parents to
select the public school that their children will attend.
‘‘(b) CHOICE PLAN.—A local educational agency that chooses
to implement a school choice plan shall first develop a comprehen-
sive plan that includes assurances that—
‘‘(1) all eligible students across grade levels will have equal
access to the program;
‘‘(2) the program does not include schools which follow
a racially discriminatory policy;
‘‘(3) describe how the school will use resources under this
part and from other sources to implement the plan;
‘‘(4) describe how the school will provide individual student
assessment results, including an interpretation of such results,
to the parents of a child who participates in the assessment
required by section 1111(b)(3);
‘‘(5) the plan will be developed with the involvement of
the community to be served and individuals who will carry
out the plan, including teachers, principals, and other staff,
parents, and, if the plan relates to a secondary school, students
from the school;
‘‘(6) the plan will be made available to parents and the
public;
‘‘(7) the program will not include schools that do not receive
funds under this part;
‘‘(8) the program will not use funds under this part to
pay for transportation costs;
‘‘(9) both the sending and receiving schools agree to the
student transfer; and
‘‘(10) such local educational agency will comply with the
other requirements of this part.
‘‘SEC. 1116. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND
SCHOOL IMPROVEMENT.
‘‘(a) LOCAL REVIEW.—Each local educational agency receiving
funds under this part shall—
‘‘(1) use the State assessments described in the State plan;
‘‘(2) use any additional measures or indicators described
in the local educational agency’s plan to review annually the
progress of each school served under this part to determine
whether the school is meeting, or making adequate progress
as defined in section 1111(b)(2)(A)(i) toward enabling its stu-
H. R. 6—26
dents to meet the State’s student performance standards
described in the State plan;
‘‘(3) publicize and disseminate to teachers and other staff,
parents, students, and the community, the results of the annual
review under paragraph (2) of all schools served under this
part in individual school performance profiles that include
statistically sound disaggregated results as required by section
1111(b)(3)(I); and
‘‘(4) provide the results of the local annual review to schools
so that the schools can continually refine the program of
instruction to help all children served under this part in those
schools meet the State’s student performance standards.
‘‘(b) DESIGNATION
OF DISTINGUISHED SCHOOLS.—Each State
educational agency and local educational agency receiving funds
under this part shall designate distinguished schools in accordance
with section 1117.
‘‘(c) SCHOOL IMPROVEMENT.—
‘‘(1) IN GENERAL.—A local educational agency shall identify
for school improvement any school served under this part that—
‘‘(A) has been in program improvement under section
1020 of the Elementary and Secondary Education Act of
1965 (as such section was in effect on the day preceding
the date of enactment of the Improving America’s Schools
Act of 1994), for at least two consecutive school years
prior to such day;
‘‘(B) has not made adequate progress as defined in
the State’s plan under section 1111(b)(2)(A)(i) for two
consecutive school years, except that—
‘‘(i) this subparagraph shall not apply to a school
if almost every student in such school is meeting the
State’s advanced level of performance; or
‘‘(ii) in the case of a targeted assistance school,
such school may be reviewed on the progress of only
those students that have been or are served under
this part; or
‘‘(C) has failed to meet the criteria established by the
State through the State’s transitional procedure under sec-
tion 1111(b)(7)(B) for two consecutive years.
‘‘(2) REQUIREMENT.—(A) Each school identified under para-
graph (1) shall—
‘‘(i) in consultation with parents, the local educational
agency, and the school support team, develop or revise
a school plan in ways that have the greatest likelihood
of improving the performance of participating children in
meeting the State’s student performance standards, which
may include reviewing the schools’ plan in the context
of the opportunity-to-learn standards or strategies devel-
oped by such State under the Goals 2000: Educate America
Act; and
‘‘(ii) submit the plan or revised plan to the local edu-
cational agency for approval.
‘‘(B) Before identifying a school for school improvement
under paragraph (1), the local educational agency shall provide
the school with an opportunity to review the school-level data,
including assessment data, on which such identification is
based. If the school believes that such identification for school
improvement is in error for statistical or other substantive
H. R. 6—27
reasons, such school may provide evidence to the local edu-
cational agency to support such belief.
‘‘(C) During the first year immediately following such
identification, the school shall implement such school’s plan
or revised plan.
‘‘(3) PROFESSIONAL DEVELOPMENT.—(A) Each school identi-
fied under paragraph (1) shall, as part of the school plan
under paragraph (2), improve the skills of its staff by providing
effective professional development activities. A school shall
demonstrate such school’s compliance with this paragraph by—
‘‘(i) devoting to such activities, over two consecutive
years, an amount equivalent to at least 10 percent of the
funds received by the school under this part during one
fiscal year; or
‘‘(ii) otherwise demonstrating that such school is effec-
tively carrying out professional development activities.
‘‘(B) A school may use funds from any source to meet
the requirements of this subsection.
‘‘(C) Decisions about how to use the funds made available
under this part which the school makes available for profes-
sional development shall be made by teachers, principals, and
other school staff in that school.
‘‘(4) TECHNICAL ASSISTANCE.—(A) For each school identified
under paragraph (1), the local educational agency shall provide
technical or other assistance as the school develops and imple-
ments such school’s plan or revised plan, such as a joint plan
between the local educational agency and school that addresses
specific elements of student performance problems and that
specifies school and local educational agency responsibilities
under the plan, and waivers or modifications of requirements
of local educational agency policy or regulation that impede
the ability of the school to educate students.
‘‘(B) Such technical assistance may be provided directly
by the local educational agency, through mechanisms author-
ized under section 1117, or with the local educational agency’s
approval, by an institution of higher education, a private non-
profit organization, an educational service agency, a comprehen-
sive regional assistance center under part A of title XIII, or
other entities with experience in helping schools improve
achievement.
‘‘(5) CORRECTIVE
ACTION.—(A) Except as provided in
subparagraph (C), after providing technical assistance pursuant
to paragraph (4) and taking other remediation measures, the
local educational agency may take corrective action at any
time against a school that has been identified under paragraph
(1), but, during the third year following identification under
paragraph (1), shall take such action against any school that
still fails to make adequate progress.
‘‘(B)(i) Corrective actions are those, consistent with State
and local law, determined and made public and disseminated
by the local educational agency, which may include—
‘‘(I) withholding funds;
‘‘(II) interagency collaborative agreements between the
school and other public agencies to provide health, counsel-
ing, and other social services needed to remove barriers
to learning;
H. R. 6—28
‘‘(III) revoking authority for a school to operate a
schoolwide program;
‘‘(IV) decreasing decisionmaking authority at the school
level;
‘‘(V) making alternative governance arrangements such
as the creation of a public charter school;
‘‘(VI) reconstituting the school staff;
‘‘(VII) authorizing students to transfer, including
transportation costs, to other public schools served by the
local educational agency; and
‘‘(VIII) implementing opportunity-to-learn standards or
strategies developed by such State under the Goals 2000:
Educate America Act.
‘‘(ii) Notwithstanding clause (i), corrective actions taken
pursuant to this part shall not include the actions described
in subclause (I), (III), (IV), (VI), or (VII) of clause (i) until
the State has developed assessments that meet the require-
ments of subparagraph (C) of section 1111(b)(3).
‘‘(C) Prior to implementing any corrective action, the local
educational agency may refrain from such corrective action
for one additional year to the extent that the failure to make
progress can be attributed to extenuating circumstances as
determined by the local educational agency.
‘‘(D) A school that is no longer operating its schoolwide
program due to a corrective action may not resume operation
of such a program until the local educational agency determines
that the school has adequately reformed its schoolwide program
plan to enable the school to make adequate progress toward
meeting the State’s challenging student performance standards.
‘‘(6) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—The
State educational agency shall—
‘‘(A) make technical assistance under section 1117
available to the schools farthest from meeting the State’s
challenging student performance standards, if requested
by the school or local educational agency; and
‘‘(B) if such agency determines that a local educational
agency failed to carry out the local educational agency’s
responsibilities under paragraphs (4) and (5), take such
corrective actions as the State educational agency deems
appropriate and which are in compliance with State law.
‘‘(7) SPECIAL RULE.—Schools that, for at least two of the
three years following identification under paragraph (1), make
adequate progress toward meeting the State’s proficient and
advanced levels of performance shall no longer need to be
identified for school improvement.
‘‘(d) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVE-
MENT.—
‘‘(1) IN GENERAL.—A State educational agency shall—
‘‘(A) annually review the progress of each local edu-
cational agency receiving funds under this part to deter-
mine whether schools receiving assistance under this part
are making adequate progress as defined in section
1111(b)(2)(A)(ii) toward meeting the State’s student
performance standards; and
‘‘(B) publicize and disseminate to local educational
agencies, teachers and other staff, parents, students, and
the community the results of the State review, including
H. R. 6—29
statistically sound disaggregated results, as required by
section 1111(b)(3)(I).
‘‘(2) REWARDS.—In the case of a local educational agency
that for three consecutive years has met or exceeded the State’s
definition 
of 
adequate 
progress 
as 
defined 
in 
section
1111(b)(2)(A)(ii), the State may make institutional and individ-
ual rewards of the kinds described for individual schools in
paragraph (2) of section 1117(c).
‘‘(3) IDENTIFICATION.—(A) A State educational agency shall
identify for improvement any local educational agency that—
‘‘(i) for two consecutive years, is not making adequate
progress as defined in section 1111(b)(2)(A)(ii) in schools
served under this part toward meeting the State’s student
performance standards, except that schools served by the
local educational agency that are operating targeted assist-
ance programs may be reviewed on the basis of the progress
of only those students served under this part; or
‘‘(ii) has failed to meet the criteria established by the
State through such State’s transitional procedure under
section 1111(b)(7)(B) for two consecutive years.
‘‘(B) Before identifying a local educational agency for
improvement under paragraph (1), the State educational agency
shall provide the local educational agency with an opportunity
to review the school-level data, including assessment data, on
which such identification is based. If the local educational
agency believes that such identification for improvement is
in error due to statistical or other substantive reasons, such
local educational agency may provide evidence to the State
educational agency to support such belief.
‘‘(4) LOCAL
EDUCATIONAL
AGENCY
REVISIONS.—(A) Each
local educational agency identified under paragraph (3) shall,
in consultation with schools, parents, and educational experts,
revise its local educational agency plan under section 1112
in ways that have the greatest likelihood of improving the
performance of schools served by the local educational agency
under this part in meeting the State’s student performance
standards.
‘‘(B) Such revision shall include determining why the local
educational agency’s plan failed to bring about increased
achievement, and may include reviewing the local educational
agency’s plan in the context of the opportunity-to-learn stand-
ards or strategies developed by such State under the Goals
2000: Educate America Act.
‘‘(5) STATE EDUCATIONAL AGENCY RESPONSIBILITY.—(A) For
each local educational agency identified under paragraph (3),
the State educational agency shall—
‘‘(i) provide technical or other assistance, if requested,
as authorized under section 1117, to better enable the
local educational agency to—
‘‘(I) develop and implement the local educational
agency’s revised plan; and
‘‘(II) work with schools needing improvement; and
‘‘(ii) make available to the local educational agencies
farthest from meeting the State’s standards, if requested,
assistance under section 1117.
‘‘(B) Technical or other assistance may be provided by
the State educational agency directly, or by an institution of
H. R. 6—30
higher education, a private nonprofit organization, an edu-
cational service agency or other local consortium, a technical
assistance center, or other entities with experience in assisting
local educational agencies improve achievement, and may
include—
‘‘(i) interagency collaborative agreements between the
local educational agency and other public agencies to pro-
vide health, pupil services, and other social services needed
to remove barriers to learning; and
‘‘(ii) waivers or modification of requirements of State
law or regulation (in States in which such waivers are
permitted) that impede the ability of a local educational
agency to educate students.
‘‘(6) CORRECTIVE
ACTION.—(A) Except as provided in
subparagraph (C), after providing technical assistance pursuant
to paragraph (5) and taking other remediation measures, the
State educational agency may take corrective action at any
time against a local educational agency that has been identified
under paragraph (3), but, during the fourth year following
identification under paragraph (3), shall take such action
against any local educational agency that still fails to make
adequate progress.
‘‘(B)(i) Corrective actions are those actions, consistent with
State law, determined and made public and disseminated by
the State educational agency, which may include—
‘‘(I) the withholding of funds;
‘‘(II) reconstitution of school district personnel;
‘‘(III) removal of particular schools from the jurisdiction
of the local educational agency and establishment of alter-
native arrangements for public governance and supervision
of such schools;
‘‘(IV) implementation of the opportunity-to-learn stand-
ards or strategies developed by such State under the Goals
2000: Educate America Act;
‘‘(V) appointment by the State educational agency of
a receiver or trustee to administer the affairs of the local
educational agency in place of the superintendent and
school board;
‘‘(VI) the abolition or restructuring of the local edu-
cational agency;
‘‘(VII) the authorizing of students to transfer from a
school operated by one local educational agency to a school
operated by another local educational agency; and
‘‘(VIII) a joint plan between the State and the local
educational agency that addresses specific elements of stu-
dent performance problems and that specifies State and
local responsibilities under the plan.
‘‘(ii) Notwithstanding clause (i), corrective actions taken
pursuant to this part shall not include the actions described
in subclauses (I), (II), and (III) of clause (i) until the State
has developed assessments that meet the requirements of para-
graph (3)(C) of section 1111(b).
‘‘(C) Prior to implementing any corrective action, the State
educational agency shall provide due process and a hearing
(if State law provides for such due process and a hearing)
to any local educational agency identified under paragraph
(3) and may refrain from such corrective action for one year
H. R. 6—31
after the four-year period described in subparagraph (A) to
the extent that the failure to make progress can be attributed
to such extenuating circumstances as determined by the State
educational agency.
‘‘(7) SPECIAL
RULE.—Local educational agencies that for
at least two of the three years following identification under
paragraph (3) make adequate progress toward meeting the
State’s standards no longer need to be identified for local edu-
cational agency improvement.
‘‘(e) CONSTRUCTION.—Nothing in this section shall be construed
to alter or otherwise affect the rights, remedies, and procedures
afforded school or school district employees under Federal, State,
or local laws (including applicable regulations or court orders) or
under the terms of collective bargaining agreements, memoranda
of understanding, or other agreements between such employees
and their employers.
‘‘SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVE-
MENT.
‘‘(a) SYSTEM FOR SUPPORT.—
‘‘(1) STATE SUPPORT.—Each State educational agency shall
establish a statewide system of intensive and sustained support
and improvement for schools receiving funds under this part,
including schoolwide programs and schools in need of program
improvement, in order to increase the opportunity for all stu-
dents in such schools to meet the State’s content standards
and student performance standards.
‘‘(2) MEETING REQUIREMENTS.—Funds reserved under sec-
tion 1003(a) or appropriated under section 1002(f) shall be
used to meet the requirements of this section. In addition
to such funds a State educational agency may use State
administrative funds reserved under section 1603(c) to meet
such requirements.
‘‘(b) REGIONAL CENTERS.—Such a statewide system shall work
with and receive support and assistance from the comprehensive
regional technical assistance centers under part A of title XIII
and the educational regional laboratories under section 941(h) of
the Educational Research, Development, Dissemination, and
Improvement Act of 1994.
‘‘(c) PROVISIONS.—The system shall include at a minimum, the
following:
‘‘(1) SCHOOL SUPPORT TEAMS.—
‘‘(A) Each State educational agency, in consultation
with local educational agencies and schools, shall establish
a system of school support teams to provide information
and assistance to schoolwide programs and to assist such
programs in providing an opportunity to all students to
meet the State’s student performance standards.
‘‘(B) If funds are sufficient, school support teams shall
provide information and assistance to—
‘‘(i) schools—
‘‘(I) in which the number of students in poverty
is equal to or greater than 75 percent of the total
number of students enrolled in such school; and
‘‘(II) identified as in need of improvement
under section 1116(c)(1); and
‘‘(ii) other schools in need of improvement.
H. R. 6—32
‘‘(C) Each such team shall be composed of persons,
including teachers, pupil services personnel, representa-
tives of organizations knowledgeable about successful
schoolwide projects or comprehensive school reform (espe-
cially distinguished educators described in paragraph (3)),
and other persons who are knowledgeable about research
and practice on teaching and learning, particularly about
strategies for improving the educational opportunities for
low-achieving students (including alternative and applied
learning), such as representatives of institutions of higher
education, regional educational laboratories or research
centers, and outside consultant groups.
‘‘(D) A school support team shall work cooperatively
with each school and make recommendations as the school
develops the school’s schoolwide program plan or school
improvement plan, review each plan, and make rec-
ommendations to the school and the local educational
agency.
‘‘(E) During the operation of the schoolwide program
or during school improvement activities, a school support
team shall—
‘‘(i) periodically review the progress of the school
in enabling children in the school to meet the State’s
student performance standards under this part;
‘‘(ii) identify problems in the design and operation
of the instructional program; and
‘‘(iii) make recommendations for improvement to
the school and the local educational agency.
‘‘(2) DISTINGUISHED SCHOOLS.—
‘‘(A) Each State shall designate as a distinguished
school any school served under this part which, for three
consecutive years, has exceeded the State’s definition of
adequate progress as defined in section 1111(b)(2)(A)(i),
and, any school in which—
‘‘(i) virtually all students have met the State’s
advanced level of student performance; and
‘‘(ii) equity in participation and achievement of
students by sex has been achieved or significantly
improved.
‘‘(B) Schools designated under this paragraph may
serve as models and provide support to other schools, espe-
cially schoolwide programs and schools in school improve-
ment, to assist such schools in meeting the State’s student
performance standards.
‘‘(C) States shall use funds reserved under section
1003(a) and funds made available under section 1002(f)
to allow schools identified under this paragraph to carry
out the activities described in subparagraph (B) and may
use such funds to provide awards to such schools to further
such school’s education programs under this part, provide
additional incentives for continued success, and reward
individuals or groups in the school for exemplary perform-
ance.
‘‘(D) A local educational agency may also recognize
the success of a distinguished school by providing additional
institutional and individual rewards, such as greater
decisionmaking authority at the school building level,
H. R. 6—33
increased access to resources or supplemental services such
as summer programs that may be used to sustain or
increase success, additional professional development
opportunities, opportunities to participate in special
projects, and individual financial bonuses.
‘‘(3) DISTINGUISHED EDUCATORS.—
‘‘(A) In order to provide assistance to schools and local
educational agencies identified as needing improvement
and schools participating in schoolwide programs, each
State, in consultation with local educational agencies and
using funds reserved under section 1003(a) and made avail-
able under section 1002(f), shall establish a corps of distin-
guished educators.
‘‘(B) When possible, distinguished educators shall be
chosen from schools served under this part that have been
especially successful in enabling children to meet or make
outstanding progress toward meeting the State’s student
performance standards, such as the schools described in
paragraph (2).
‘‘(C) Distinguished educators shall provide, as part of
the statewide system, intensive and sustained assistance
to the schools and local educational agencies farthest from
meeting the State’s student performance standards and
to schoolwide programs as such programs develop and
implement their plans, including participation in the sup-
port teams described in paragraph (1).
‘‘(d) IMPLEMENTATION.—In order to implement this section
funds reserved under section 1003(a) and funds made available
under section 1002(f) may be used by a State for release time
for teachers and administrators, travel, training, and other related
costs.
‘‘(e) 
ALTERNATIVES.—The 
State 
may 
devise 
additional
approaches to providing the assistance described in paragraphs
(1) and (3) of subsection (c), such as providing assistance through
institutions of higher education and educational service agencies
or other local consortia, and the State may seek approval from
the Secretary to use funds reserved under section 1003 and funds
made available under section 1002(f) for such approaches as part
of the State plan.
‘‘SEC. 1118. PARENTAL INVOLVEMENT.
‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.—
‘‘(1) IN GENERAL.—A local educational agency may receive
funds under this part only if such agency implements programs,
activities, and procedures for the involvement of parents in
programs assisted under this part consistent with the provisions
of this section. Such activities shall be planned and imple-
mented with meaningful consultation with parents of partici-
pating children.
‘‘(2) WRITTEN POLICY.—Each local educational agency that
receives funds under this part shall develop jointly with, agree
upon with, and distribute to, parents of participating children
a written parent involvement policy that is incorporated into
the local educational agency’s plan developed under section
1112, establishes the expectations for parent involvement, and
describes how the local educational agency will—
H. R. 6—34
‘‘(A) involve parents in the joint development of the
plan under section 1112, and the process of school review
and improvement under section 1116;
‘‘(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement;
‘‘(C) build the schools’ and parents’ capacity for strong
parent involvement as described in subsection (e);
‘‘(D) coordinate and integrate parental involvement
strategies under this part with parental involvement strate-
gies under other programs, such as Head Start, Even Start,
the Parents as Teachers Program, the Home Instruction
Program for Preschool Youngsters, and State-run preschool
programs;
‘‘(E) conduct, with the involvement of parents, an
annual evaluation of the content and effectiveness of the
parental involvement policy developed under this section—
‘‘(i) to determine the effectiveness of the policy
in increasing the participation of parents; and
‘‘(ii) to identify barriers to greater participation
by parents in activities authorized by this section, giv-
ing particular attention to parents who are economi-
cally disadvantaged, are disabled, have limited English
proficiency, have limited literacy, or are of any racial
or ethnic minority background; and
‘‘(F) use the findings of the evaluations described in
subparagraph (E) in designing strategies for school
improvement and revising, if necessary, the parental
involvement policies described in this subsection and sub-
section (b)(1).
‘‘(3) RESERVATION.—(A) Each local educational agency shall
reserve not less than 1 percent of such agency’s allocation
under this part to carry out this section, including family lit-
eracy and parenting skills, except that this paragraph shall
not apply if 1 percent of such agency’s allocation under this
part (other than funds allocated under section 1002(e)) for
the fiscal year for which the determination is made is $5,000
or less.
‘‘(B) Parents of children receiving services under this part
shall be involved in the decisions regarding how funds reserved
under subparagraph (A) are allotted for parental involvement
activities.
‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—
‘‘(1) IN GENERAL.—Each school served under this part shall
jointly develop with, and distribute to, parents of participating
children a written parental involvement policy, agreed upon
by such parents, that shall describe the means for carrying
out the requirements of subsections (c) through (f). Such policy
shall be updated periodically to meet the changing needs of
parents and the school.
‘‘(2) SPECIAL RULE.—If the school has a parental involve-
ment policy that applies to all parents, such school may amend
that policy, if necessary, to meet the requirements of this sub-
section.
‘‘(3) AMENDMENT.—If the local educational agency has a
school district-level parental involvement policy that applies
H. R. 6—35
to all parents, such agency may amend that policy, if necessary,
to meet the requirements of this subsection.
‘‘(4) PARENTAL COMMENTS.—If the plan under section 1112
is not satisfactory to the parents of participating children,
the local educational agency shall submit any parent comments
with such plan when such local educational agency submits
the plan to the State.
‘‘(c) POLICY INVOLVEMENT.—Each school served under this part
shall—
‘‘(1) convene an annual meeting, at a convenient time,
to which all parents of participating children shall be invited
and encouraged to attend, to inform parents of their school’s
participation under this part and to explain this part, its
requirements, and their right to be involved;
‘‘(2) offer a flexible number of meetings, such as meetings
in the morning or evening, and may provide, with funds pro-
vided under this part, transportation, child care, or home visits,
as such services relate to parental involvement;
‘‘(3) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs
under this part, including the school parental involvement pol-
icy and the joint development of the schoolwide program plan
under section 1114(b), except that if a school has in place
a process for involving parents in the joint planning and design
of its programs, the school may use that process, if such process
includes an adequate representation of parents of participating
children;
‘‘(4) provide parents of participating children—
‘‘(A) timely information about programs under this
part;
‘‘(B) school performance profiles required under section
1116(a)(3) and their child’s individual student assessment
results, including an interpretation of such results, as
required under section 1111(b)(3)(H);
‘‘(C) a description and explanation of the curriculum
in use at the school, the forms of assessment used to
measure student progress, and the proficiency levels stu-
dents are expected to meet;
‘‘(D) opportunities for regular meetings to formulate
suggestions, share experiences with other parents, and
participate as appropriate in decisions relating to the edu-
cation of their children if such parents so desire; and
‘‘(E) timely responses to parents’ suggestions under
subparagraph (D); and
‘‘(5) if the schoolwide program plan under section 1114(b)(2)
is not satisfactory to the parents of participating children,
submit any parent comments on the plan when the school
makes the plan available to the local educational agency.
‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT PERFORM-
ANCE.—As a component of the school-level parental involvement
policy developed under subsection (b), each school served under
this part shall jointly develop with parents for all children served
under this part a school-parent compact that outlines how parents,
the entire school staff, and students will share the responsibility
for improved student achievement and the means by which the
school and parents will build and develop a partnership to help
children achieve the State’s high standards. Such compact shall—
H. R. 6—36
‘‘(1) describe the school’s responsibility to provide high-
quality curriculum and instruction in a supportive and effective
learning environment that enables the children served under
this part to meet the State’s student performance standards,
and the ways in which each parent will be responsible for
supporting their children’s learning, such as monitoring attend-
ance, homework completion, and television watching; volunteer-
ing in their child’s classroom; and participating, as appropriate,
in decisions relating to the education of their children and
positive use of extracurricular time; and
‘‘(2) address the importance of communication between
teachers and parents on an ongoing basis through, at a mini-
mum—
‘‘(A) parent-teacher conferences in elementary schools,
at least annually, during which the compact shall be dis-
cussed as the compact relates to the individual child’s
achievement;
‘‘(B) frequent reports to parents on their children’s
progress; and
‘‘(C) reasonable access to staff, opportunities to volun-
teer and participate in their child’s class, and observation
of classroom activities.
‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To ensure effective
involvement of parents and to support a partnership among the
school, parents, and the community to improve student achieve-
ment, each school and local educational agency—
‘‘(1) shall provide assistance to participating parents in
such areas as understanding the National Education Goals,
the State’s content standards and State student performance
standards, the provisions of section 1111(b)(8), State and local
assessments, the requirements of this part, and how to monitor
a child’s progress and work with educators to improve the
performance of their children as well as information on how
parents can participate in decisions relating to the education
of their children;
‘‘(2) shall provide materials and training, such as—
‘‘(A) coordinating necessary literacy training from other
sources to help parents work with their children to improve
their children’s achievement; and
‘‘(B) training to help parents to work with their chil-
dren to improve their children’s achievement;
‘‘(3) shall educate teachers, pupil services personnel, prin-
cipals and other staff, with the assistance of parents, in the
value and utility of contributions of parents, and in how to
reach out to, communicate with, and work with parents as
equal partners, implement and coordinate parent programs,
and build ties between home and school;
‘‘(4) shall coordinate and integrate parent involvement pro-
grams and activities with Head Start, Even Start, the Home
Instruction Programs for Preschool Youngsters, the Parents
as Teachers Program, and public preschool programs and other
programs, to the extent feasible and appropriate;
‘‘(5) shall develop appropriate roles for community-based
organizations and businesses in parent involvement activities,
including 
providing 
information 
about 
opportunities 
for
organizations and businesses to work with parents and schools,
and encouraging the formation of partnerships between
H. R. 6—37
elementary, middle, and secondary schools and local businesses
that include a role for parents;
‘‘(6) shall conduct other activities, as appropriate and fea-
sible, such as parent resource centers and providing opportuni-
ties for parents to learn about child development and child
rearing issues beginning at the birth of a child, that are
designed to help parents become full partners in the education
of their children;
‘‘(7) shall ensure, to the extent possible, that information
related to school and parent programs, meetings, and other
activities is sent to the homes of participating children in
the language used in such homes;
‘‘(8) may involve parents in the development of training
for teachers, principals, and other educators to improve the
effectiveness of such training in improving instruction and serv-
ices to the children of such parents;
‘‘(9) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding
for such activities;
‘‘(10) may pay reasonable and necessary expenses associ-
ated with local parental involvement activities, including
transportation and child care costs, to enable parents to partici-
pate in school-related meetings and training sessions;
‘‘(11) may train and support parents to enhance the involve-
ment of other parents;
‘‘(12) may arrange meetings at a variety of times, such
as in the mornings and evenings, in order to maximize the
opportunities for parents to participate in school related activi-
ties;
‘‘(13) may arrange for teachers or other educators, who
work directly with participating children, to conduct in-home
conferences with parents who are unable to attend such con-
ferences at school;
‘‘(14) may adopt and implement model approaches to
improving parental involvement, such as Even Start; and
‘‘(15) shall provide such other reasonable support for paren-
tal involvement activities under this section as parents may
request.
‘‘(f) ACCESSIBILITY.—In carrying out the parental involvement
requirements of this part, local educational agencies and schools,
to the extent practicable, shall provide full opportunities for the
participation of parents with limited English proficiency or with
disabilities, including providing information and school profiles in
a language and form such parents understand.
‘‘(g) PARENTAL
INFORMATION
AND
RESOURCE
CENTERS.—In
States where parental information and resource centers have been
established pursuant to section 401 of the Goals 2000: Educate
America Act of 1994 (to provide training, information, and support
to parents and individuals who work with parents), local educational
agencies and schools receiving assistance under this part shall
assist parents and parent organizations by informing such parents
and organizations of the existence and purpose of such centers,
providing such parents and organizations with a description of
the services and programs provided by such centers, advising par-
ents on how to use such centers, and helping parents to contact
such centers.
H. R. 6—38
‘‘SEC. 1119. PROFESSIONAL DEVELOPMENT.
‘‘(a) PROGRAM REQUIREMENTS.—
‘‘(1) IN GENERAL.—Each local educational agency receiving
assistance under this part shall provide high-quality profes-
sional development that will improve the teaching of the aca-
demic subjects, consistent with the State content standards,
in order to enable all children to meet the State’s student
performance standards.
‘‘(2) PROGRAM
DESIGN.—Such professional development
activities shall be designed by principals, teachers, and other
school staff in schools receiving assistance under this part.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—
‘‘(1) REQUIRED ACTIVITIES.—Such professional development
activities shall—
‘‘(A) support instructional practices that are geared
to challenging State content standards and create a school
environment conducive to high achievement in the aca-
demic subjects;
‘‘(B) support local educational agency plans under sec-
tion 1112 and school plans under section 1114;
‘‘(C) draw on resources available under this part, title
III of the Goals 2000: Educate America Act, title II of
this Act, and from other sources;
‘‘(D) where appropriate, as determined by the local
educational agency, include strategies for developing curric-
ula and teaching methods that integrate academic and
vocational instruction (including applied learning and team
teaching strategies); and
‘‘(E) include strategies for identifying and eliminating
gender and racial bias in instructional materials, methods,
and practices.
‘‘(2) OPTIONAL ACTIVITIES.—Such professional development
activities may include—
‘‘(A) instruction in the use of assessments;
‘‘(B) instruction in ways that teachers, principals, pupil
services personnel, and school administrators may work
more effectively with parents;
‘‘(C) the forming of partnerships with institutions of
higher education to establish school-based teacher training
programs that provide prospective teachers and novice
teachers with an opportunity to work under the guidance
of experienced teachers and college faculty;
‘‘(D) instruction in the use of technology;
‘‘(E) the creation of career ladder programs for para-
professionals (assisting teachers under this part) to obtain
the education necessary for such paraprofessionals to
become licensed and certified teachers;
‘‘(F) instruction in ways to teach special needs children;
‘‘(G) instruction in gender-equitable education methods,
techniques, and practices;
‘‘(H) joint professional development activities involving
programs under this part, Head Start, Even Start, or State-
run preschool program personnel; and
‘‘(I) instruction in experiential-based teaching methods
such as service learning.
H. R. 6—39
‘‘(c) PROGRAM PARTICIPATION.—Each local educational agency
receiving assistance under this part is encouraged to design profes-
sional development programs so that—
‘‘(1) all school staff in schools participating in a schoolwide
program under section 1114 can participate in professional
development activities; and
‘‘(2) all school staff in targeted assistance schools may
participate in professional development activities if such partici-
pation will result in better addressing the needs of students
served under this part.
‘‘(d) PARENTAL PARTICIPATION.—Parents may participate in
professional development activities under this part if the school
determines that parental participation is appropriate.
‘‘(e) CONSORTIA.—In carrying out such professional development
programs, local educational agencies may provide services through
consortia arrangements with other local educational agencies, edu-
cational service agencies or other local consortia, institutions of
higher education, or other public or private institutions or organiza-
tions.
‘‘(f) EFFECTIVE TEACHING STRATEGIES.—Knowledge of effective
teaching strategies that is gained through professional development
activities under this section may be shared with teachers who
are not participating in targeted assistance programs under this
part.
‘‘(g) COMBINATIONS OF FUNDS.—Funds provided under this part
that are used for professional development purposes may be com-
bined with funds provided under title II of this Act, title III of
the Goals 2000: Educate America Act, and other sources.
‘‘(h) STATE REVIEW.—
‘‘(1) IN
GENERAL.—The State educational agency shall
review the local educational agency’s plan under section 1112(b)
to determine if such agency’s professional development activi-
ties—
‘‘(A) are tied to challenging State student content and
student performance standards;
‘‘(B) reflect research on teaching and learning where
possible;
‘‘(C) are designed to have a positive impact on the
teacher’s performance in the classroom;
‘‘(D) contribute to continuous improvement in the class-
room or throughout the school;
‘‘(E) include methods to teach children with special
needs;
‘‘(F) are developed with the extensive participation of
teachers; and
‘‘(G) include gender-equitable education methods, tech-
niques, and practices.
‘‘(2) TECHNICAL ASSISTANCE.—If a local educational agency’s
plan for professional development does not include the activities
described in paragraph (1), the State educational agency shall
provide technical assistance to such local educational agencies
to enable such agencies to make progress toward inclusion
of such activities in the local educational agency’s professional
development activities.
‘‘(3) SPECIAL
RULE.—No State educational agency shall
require a school or a local educational agency to expend a
specific amount of funds for professional development activities
H. R. 6—40
under this part, except that this paragraph shall not apply
with respect to requirements under section 1116(d)(6).
‘‘(i) INSTRUCTIONAL AIDES.—
‘‘(1) IN GENERAL.—If a local educational agency uses funds
received under this part to employ instructional aides, the
local educational agency shall ensure that such aides—
‘‘(A) possess the knowledge and skills sufficient to
assist participating children in meeting the educational
goals of this part;
‘‘(B) have a secondary school diploma, or its recognized
equivalent, or earn either within two years of employment,
except that a local educational agency may employ an
instructional aide that does not meet the requirement of
this subparagraph if such aide possesses proficiency in
a language other than English that is needed to enhance
the participation of children in programs under this part;
and
‘‘(C) are under the direct supervision of a teacher who
has primary responsibility for providing instructional serv-
ices to eligible children.
‘‘(2) INCLUSION
IN
ACTIVITIES.—Each local educational
agency receiving funds under this part, when feasible, shall
include instructional aides in professional development activi-
ties.
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
‘‘(a) GENERAL REQUIREMENT.—
‘‘(1) IN GENERAL.—To the extent consistent with the number
of eligible children identified under section 1115(b) in a local
educational agency who are enrolled in private elementary
and secondary schools, a local educational agency shall, after
timely and meaningful consultation with appropriate private
school officials, provide such children, on an equitable basis,
special educational services or other benefits under this part
(such as dual enrollment, educational radio and television, com-
puter equipment and materials, other technology, and mobile
educational services and equipment).
‘‘(2) SECULAR, 
NEUTRAL, 
NONIDEOLOGICAL.—Such edu-
cational services or other benefits, including materials and
equipment, shall be secular, neutral, and nonideological.
‘‘(3) EQUITY.—Educational services and other benefits for
such private school children shall be equitable in comparison
to services and other benefits for public school children partici-
pating under this part.
‘‘(4) EXPENDITURES.—Expenditures for educational services
and other benefits to eligible private school children shall be
equal to the proportion of funds allocated to participating school
attendance areas based on the number of children from low-
income families who attend private schools.
‘‘(5) PROVISION OF SERVICES.—The local educational agency
may provide such services directly or through contracts with
public and private agencies, organizations, and institutions.
‘‘(b) CONSULTATION.—
‘‘(1) IN GENERAL.—To ensure timely and meaningful con-
sultation, a local educational agency shall consult with
appropriate private school officials during the design and devel-
H. R. 6—41
opment of such agency’s programs under this part, on issues
such as—
‘‘(A) how the children’s needs will be identified;
‘‘(B) what services will be offered;
‘‘(C) how and where the services will be provided;
‘‘(D) how the services will be assessed; and
‘‘(E) the size and scope of the equitable services to
be provided to the eligible private school children, and
what is the proportion of funds allocated under subsection
(a)(4) for such services.
‘‘(2) TIMING.—Such consultation shall occur before the local
educational agency makes any decision that affects the
opportunities of eligible private school children to participate
in programs under this part.
‘‘(3) DISCUSSION.—Such consultation shall include a discus-
sion of service delivery mechanisms a local educational agency
can use to provide equitable services to eligible private school
children.
‘‘(c) PUBLIC CONTROL OF FUNDS.—
‘‘(1) IN
GENERAL.—The control of funds provided under
this part, and title to materials, equipment, and property pur-
chased with such funds, shall be in a public agency, and a
public agency shall administer such funds and property.
‘‘(2) PROVISION OF SERVICES.—(A) The provision of services
under this section shall be provided—
‘‘(i) by employees of a public agency; or
‘‘(ii) through contract by such public agency with an
individual, association, agency, or organization.
‘‘(B) In the provision of such services, such employee, per-
son, association, agency, or organization shall be independent
of such private school and of any religious organization, and
such employment or contract shall be under the control and
supervision of such public agency.
‘‘(d) STANDARDS FOR A BYPASS.—If a local educational agency
is prohibited by law from providing for the participation on an
equitable basis of eligible children enrolled in private elementary
and secondary schools or if the Secretary determines that a local
educational agency has substantially failed or is unwilling to provide
for such participation, as required by this section, the Secretary
shall—
‘‘(1) waive the requirements of this section for such local
educational agency; and
‘‘(2) arrange for the provision of services to such children
through arrangements that shall be subject to the requirements
of this section and sections 14505 and 14506.
‘‘(e) CAPITAL EXPENSES.—
‘‘(1) IN GENERAL.—(A) From the amount appropriated for
this subsection under section 1002(e) for any fiscal year, each
State is eligible to receive an amount that bears the same
ratio to the amount so appropriated as the number of private
school children who received services under this part in the
State in the most recent year for which data satisfactory to
the Secretary are available bears to the number of such children
in all States in that same year.
‘‘(B) The Secretary shall reallocate any amounts allocated
under subparagraph (A) that are not used by a State for the
H. R. 6—42
purpose of this subsection to other States on the basis of their
respective needs, as determined by the Secretary.
‘‘(2) CAPITAL
EXPENSES.—(A) A local educational agency
may apply to the State educational agency for payments for
capital expenses consistent with this subsection.
‘‘(B) State educational agencies shall distribute such funds
under this subsection to local educational agencies based on
the degree of need set forth in their respective applications
for assistance under this subsection.
‘‘(3) USES
OF
FUNDS.—Any funds appropriated to carry
out this subsection shall be used only for capital expenses
incurred to provide equitable services for private school children
under this section.
‘‘(4) DEFINITION.—For the purpose of this subsection, the
term ‘capital expenses’ means—
‘‘(A) expenditures for noninstructional goods and serv-
ices, such as the purchase, lease, or renovation of real
and personal property, including mobile educational units
and leasing of neutral sites or spaces;
‘‘(B) insurance and maintenance costs;
‘‘(C) transportation; and
‘‘(D) other comparable goods and services.
‘‘SEC. 1120A. FISCAL REQUIREMENTS.
‘‘(a) MAINTENANCE OF EFFORT.—A local educational agency may
receive funds under this part for any fiscal year only if the State
educational agency finds that the local educational agency has
maintained its fiscal effort in accordance with section 14501 of
this Act.
‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NON-
FEDERAL FUNDS.—
‘‘(1) IN GENERAL.—(A) Except as provided in subparagraph
(B), a State or local educational agency shall use funds received
under this part only to supplement the amount of funds that
would, in the absence of such Federal funds, be made available
from non-Federal sources for the education of pupils participat-
ing in programs assisted under this part, and not to supplant
such funds.
‘‘(B) For the purpose of complying with subparagraph (A),
a State or local educational agency may exclude supplemental
State and local funds expended in any eligible school attendance
area or school for programs that meet the requirements of
section 1114 or 1115.
‘‘(2) SPECIAL RULE.—No local educational agency shall be
required to provide services under this part through a particular
instructional method or in a particular instructional setting
in order to demonstrate such agency’s compliance with para-
graph (1).
‘‘(c) COMPARABILITY OF SERVICES.—
‘‘(1) IN GENERAL.—(A) Except as provided in paragraphs
(4) and (5), a local educational agency may receive funds under
this part only if State and local funds will be used in schools
served under this part to provide services that, taken as a
whole, are at least comparable to services in schools that are
not receiving funds under this part.
‘‘(B) If the local educational agency is serving all of such
agency’s schools under this part, such agency may receive funds
H. R. 6—43
under this part only if such agency will use State and local
funds to provide services that, taken as a whole, are substan-
tially comparable in each school.
‘‘(C) A local educational agency may meet the requirements
of subparagraphs (A) and (B) on a grade-span by grade-span
basis or a school-by-school basis.
‘‘(2) WRITTEN ASSURANCE.—(A) A local educational agency
shall be considered to have met the requirements of paragraph
(1) if such agency has filed with the State educational agency
a written assurance that such agency has established and
implemented—
‘‘(i) a local educational agency-wide salary schedule;
‘‘(ii) a policy to ensure equivalence among schools in
teachers, administrators, and other staff; and
‘‘(iii) a policy to ensure equivalence among schools in
the provision of curriculum materials and instructional
supplies.
‘‘(B) For the purpose of subparagraph (A), in the determina-
tion of expenditures per pupil from State and local funds,
or instructional salaries per pupil from State and local funds,
staff salary differentials for years of employment shall not
be included in such determinations.
‘‘(C) A local educational agency need not include unpredict-
able changes in student enrollment or personnel assignments
that occur after the beginning of a school year in determining
comparability of services under this subsection.
‘‘(3) PROCEDURES
AND
RECORDS.—Each local educational
agency assisted under this part shall—
‘‘(A) develop procedures for compliance with this sub-
section; and
‘‘(B) maintain records that are updated biennially docu-
menting such agency’s compliance with this subsection.
‘‘(4) INAPPLICABILITY.—This subsection shall not apply to
a local educational agency that does not have more than one
building for each grade span.
‘‘(5) COMPLIANCE.—For the purpose of determining compli-
ance with paragraph (1), a local educational agency may exclude
State and local funds expended for—
‘‘(A) bilingual education for children of limited English
proficiency; and
‘‘(B) excess costs of providing services to children with
disabilities as determined by the local educational agency.
‘‘SEC. 1120B. COORDINATION REQUIREMENTS.
‘‘(a) IN GENERAL.—Each local educational agency receiving
assistance under this part shall carry out the activities described
in subsection (b) to the extent feasible and appropriate to the
circumstances, including the extent to which such local educational
agency is able to secure the cooperation of parents and local Head
Start agencies and, if feasible, other early childhood development
programs.
‘‘(b) ACTIVITIES.—The activities referred to in subsection (a)
are activities that increase coordination between the local edu-
cational agency and a Head Start agency, and, if feasible, other
early childhood development programs, serving children who will
attend the schools of such agency, including—
H. R. 6—44
‘‘(1) developing and implementing a systematic procedure
for receiving records regarding such children transferred with
parental consent from a Head Start program or, where
applicable, other early childhood development programs;
‘‘(2) establishing channels of communication between school
staff and their counterparts in such Head Start agencies
(including teachers, social workers, and health staff) or other
early childhood development programs, as appropriate, to facili-
tate coordination of programs;
‘‘(3) conducting meetings involving parents, kindergarten
or elementary school teachers, and Head Start teachers or,
if appropriate, teachers from other early childhood development
programs, to discuss the developmental and other needs of
individual children; and
‘‘(4) organizing and participating in joint transition related
training of school staff, Head Start staff, and, where appro-
priate, other early childhood staff.
‘‘(c) COORDINATION OF REGULATIONS.—The Secretary shall work
with the Secretary of Health and Human Services to coordinate
regulations promulgated under this part with regulations promul-
gated under the Head Start Act Amendments of 1994.
‘‘Subpart 2—Allocations
‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY
OF THE INTERIOR.
‘‘(a) RESERVATION OF FUNDS.—From the amount appropriated
for payments to States for any fiscal year under section 1002(a),
the Secretary shall reserve a total of 1 percent to provide assistance
to—
‘‘(1) the outlying areas on the basis of their respective
need for such assistance according to such criteria as the Sec-
retary determines will best carry out the purpose of this part;
and
‘‘(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (c).
‘‘(b) ASSISTANCE TO THE OUTLYING AREAS.—
‘‘(1) IN
GENERAL.—From amounts made available under
subsection (a) in each fiscal year the Secretary shall make
grants to local educational agencies in the outlying areas (other
than the outlying areas assisted under paragraph (3)).
‘‘(2) COMPETITIVE GRANTS.—(A) The Secretary shall reserve
$5,000,000 from the amounts made available under subsection
(a) in each fiscal year to award grants on a competitive basis,
to local educational agencies in the Federated States of Microne-
sia, the Republic of the Marshall Islands, and the Republic
of Palau. The Secretary shall award such grants according
to the recommendations of the Pacific Region Educational Lab-
oratory which shall conduct a competition for such grants.
‘‘(B) Except as provided in subparagraph (D), grant funds
awarded under this part only may be used for programs
described in this Act, including teacher training, curriculum
development, 
instructional 
materials, 
or 
general 
school
improvement and reform.
‘‘(C) Grant funds awarded under this paragraph only may
be used to provide direct educational services.
H. R. 6—45
‘‘(D) The Secretary may provide 5 percent of the amount
made available for grants under this paragraph to pay the
administrative costs of the Pacific Region Educational Labora-
tory regarding activities assisted under this paragraph.
‘‘(c) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.—
‘‘(1) IN GENERAL.—The amount allotted for payments to
the Secretary of the Interior under subsection (a)(2) for any
fiscal year shall be, as determined pursuant to criteria estab-
lished by the Secretary, the amount necessary to meet the
special educational needs of—
‘‘(A) Indian children on reservations served by
elementary and secondary schools for Indian children oper-
ated or supported by the Department of the Interior; and
‘‘(B) out-of-State Indian children in elementary and
secondary schools in local educational agencies under spe-
cial contracts with the Department of the Interior.
‘‘(2) PAYMENTS.—From the amount allotted for payments
to the Secretary of the Interior under subsection (a)(2), the
Secretary of the Interior shall make payments to local edu-
cational agencies, upon such terms as the Secretary determines
will best carry out the purposes of this part, with respect
to out-of-State Indian children described in paragraph (1). The
amount of such payment may not exceed, for each such child,
the greater of—
‘‘(A) 40 percent of the average per pupil expenditure
in the State in which the agency is located; or
‘‘(B) 48 percent of such expenditure in the United
States.
‘‘SEC. 1122. ALLOCATIONS TO STATES.
‘‘(a) IN GENERAL.—
‘‘(1) FISCAL YEAR 1995.—For fiscal year 1995, appropriations
for this part shall be allocated according to the provisions
of sections 1005, except subsection (a)(3), and 1006, part A
of chapter 1 of title I, Elementary and Secondary Education
Act of 1965, as in effect on September 30, 1994, except that
the State minimum for section 1005 shall be the lesser of
0.25 percent of total appropriations or the average of 0.25
percent of total appropriations and 150 percent of the national
average grant per child counted for grants under section 1005
multiplied by the State’s number of children counted for such
grants, and for grants under section 1006, the State minimum
shall be the lesser of—
‘‘(A) 0.25 percent of total appropriations; and
‘‘(B) the average of—
‘‘(i) 0.25 percent of total appropriations; and
‘‘(ii) the greater of 150 percent of the national
average grant per child counted for grants under such
section 1006 multiplied by the State total number of
such children, or $340,000.
‘‘(2) SUCCEEDING
FISCAL
YEARS.—For fiscal years 1996
through 1999, an amount of the appropriations for this part
equal to the appropriation for fiscal year 1995 for section 1005,
shall be allocated in accordance with section 1124, and an
amount equal to the appropriation for fiscal year 1995 for
section 1006 shall be allocated in accordance with section
1124A. Any additional appropriations under section 1002(a)
H. R. 6—46
for any fiscal year, after application of the preceding sentence,
shall be allocated in accordance with section 1125.
‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.—
‘‘(1) IN GENERAL.—If the sums available under this part
for any fiscal year are insufficient to pay the full amounts
that all local educational agencies in States are eligible to
receive under sections 1124, 1124A, and 1125 for such year,
the Secretary shall ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and (d) of this
section.
‘‘(2) ADDITIONAL FUNDS.—If additional funds become avail-
able for making payments under sections 1124, 1124A, and
1125 for such fiscal year, allocations that were reduced under
paragraph (1) shall be increased on the same basis as they
were reduced.
‘‘(c) HOLD-HARMLESS AMOUNTS.—
‘‘(1) IN GENERAL.—For fiscal year 1995, notwithstanding
subsection (b) and without regard to amounts available for
delinquent children under subpart 2 of part D, the amount
made available to each local educational agency under such
section 1005 shall be at least 85 percent of the amount such
local educational agency received for the preceding year under
such section 1005.
‘‘(2) FISCAL YEAR 1996.—Notwithstanding subsection (b) and
without regard to amounts available for delinquent children
under subpart 2 of part D, for fiscal year 1996 the total amount
made available to each local educational agency under each
of sections 1124 and 1124A for any fiscal year shall be at
least 100 percent of the total amount such local educational
agency was allocated under such sections (or their predecessor
authorities) for the preceding fiscal year.
‘‘(3) FISCAL YEARS 1997–1999.—For fiscal years 1997 through
1999, notwithstanding subsection (b) and without regard to
amounts available for delinquent children under subpart 2
of part D, the amount made available to each local educational
agency under each of sections 1124 and 1125 shall be at least
95 percent of the previous year’s amount if the number of
children counted for grants under section 1124 is at least 30
percent of the total number of children aged 5 to 17 years,
inclusive, in the local educational agency, 90 percent of the
previous year amount if this percentage is between 15 percent
and 30 percent, and 85 percent if this percentage is below
15 percent. For fiscal years 1997 and 1998, in calculating
grants on the basis of population data for counties, the Sec-
retary shall apply the hold-homeless percentages in the preced-
ing sentence to counties. For fiscal years 1996 through 1998,
if the Secretary’s allocation for a county is not sufficient to
meet the hold-harmless requirements of this paragraph for
every local educational agency within that county, then the
State educational agency shall reallocate funds proportionately
from all other local educational agencies in the State that
are receiving funds in excess of the hold-harmless amounts
specified in this paragraph.
‘‘(d) RATABLE REDUCTIONS.—
‘‘(1) IN GENERAL.—If the sums made available under this
part for any fiscal year are insufficient to pay the full amounts
that all States are eligible to receive under subsection (c) for
H. R. 6—47
such year, the Secretary shall ratably reduce such amounts
for such year.
‘‘(2) ADDITIONAL FUNDS.—If additional funds become avail-
able for making payments under subsection (c) for such fiscal
year, amounts that were reduced under paragraph (1) shall
be increased on the same basis as such amounts reduced.
‘‘(e) DEFINITION.—For the purpose of this section and sections
1124 and 1125, the term State means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO
RICO.—The grant which a local educational agency in a State
is eligible to receive under this subpart for a fiscal year shall
(except as provided in section 1126), be determined by multiply-
ing the number of children counted under subsection (c) by
40 percent of the amount determined under the next sentence.
The amount determined under this sentence shall be the aver-
age per pupil expenditure in the State except that—
‘‘(A) if the average per pupil expenditure in the State
is less than 80 percent of the average per pupil expenditure
in the United States, such amount shall be 80 percent
of the average per pupil expenditure in the United States;
or
‘‘(B) if the average per pupil expenditure in the State
is more than 120 percent of the average per pupil expendi-
ture in the United States, such amount shall be 120 percent
of the average per pupil expenditure in the United States.
‘‘(2) BASIS FOR CALCULATING GRANTS.—For fiscal years 1995
through 1998, grants shall be calculated by the Secretary on
the basis of the number of children counted under subsection
(c) for counties, and State educational agencies shall suballocate
county amounts to local educational agencies, in accordance
with regulations published by the Secretary. In any State in
which a large number of local educational agencies overlap
county boundaries, the State educational agency may apply
to the Secretary for authority during any particular fiscal year
to make the allocations under this part (other than section
1124A) directly to local educational agencies without regard
to the counties. If the Secretary approves an application of
a State educational agency for a particular year under this
subparagraph, the State educational agency shall provide assur-
ances that—
‘‘(A) such allocations will be made using precisely the
same factors for determining a grant as are used under
this part;
‘‘(B) such allocations will be made using alternative
data approved by the Secretary that the State determines
best reflects the distribution of children in poor families
and is adjusted to be equivalent in proportion to the num-
ber of children determined in accordance with subsection
(c); or
‘‘(C) such allocations will be made using data that
the State educational agency submits to the Secretary for
approval that more accurately target poverty.
H. R. 6—48
In addition, the State educational agency shall provide assur-
ances that a procedure will be established through which local
educational agencies dissatisfied with the determinations made
by the State educational agency may appeal directly to the
Secretary for a final determination. Beginning in fiscal year
1999, grants shall be calculated by the Secretary on the basis
of population data compiled for local educational agencies,
unless the Secretary and the Secretary of Commerce determine
that use of the updated population data would be inappropriate
or unreliable taking into consideration the recommendations
of the study to be conducted by the National Academy of
Sciences. If the Secretary and the Secretary of Commerce deter-
mine that some or all of the data referred to in this paragraph
are inappropriate or unreliable, the Secretaries shall jointly
issue a report setting forth their reasons in detail. In years
when grants are calculated by the Secretary on the basis of
local educational agency data, for each local educational agency
serving an area with a total population of at least 20,000
persons, the grant under this section shall be the amount
determined by the Secretary. For local educational agencies
serving areas with total populations of fewer than 20,000 per-
sons, the State educational agency may either—
‘‘(i) distribute to such local educational agencies grants
under this section equal to the amounts determined by
the Secretary; and
‘‘(ii) use an alternative method, approved by the Sec-
retary, to distribute the share of the State’s total grants
under this section that is based on local educational agen-
cies with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants under
this section among a State’s local educational agencies
serving areas with total populations of fewer than 20,000
persons shall be based upon population data that the State
educational agency determines best reflect the current dis-
tribution of children in poor families among the State’s
local educational agencies serving areas with total popu-
lations of fewer than 20,000 persons. If a local educational
agency serving an area with total population of less than
20,000 persons is dissatisfied with the determination of
its grant by the State education agency, then such local
educational agency may appeal this determination to the
Secretary. The Secretary must respond to this appeal
within 45 days of receipt.
‘‘(3) PUERTO RICO.—For each fiscal year, the Secretary shall
determine the percentage which the average per pupil expendi-
ture in the Commonwealth of Puerto Rico is of the lowest
average per pupil expenditure of any of the 50 States. The
grant which the Commonwealth of Puerto Rico shall be eligible
to receive under this section for a fiscal year shall be the
amount arrived at by multiplying the number of children
counted under subsection (c) for the Commonwealth of Puerto
Rico by the product of—
‘‘(A) the percentage determined under the preceding
sentence; and
‘‘(B) 32 percent of the average per pupil expenditure
in the United States.
H. R. 6—49
‘‘(4) DEFINITION.—For purposes of this subsection, the term
‘State’ does not include Guam, American Samoa, the Virgin
Islands, the Northern Mariana Islands, and Palau.
‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—Subject to
the succeeding sentence, a local educational agency shall be eligible
for a basic grant for a fiscal year under this subpart only if the
number of children counted under subsection (c) in the school dis-
trict of such local educational agency is at least 10. Beginning
in fiscal year 1996, no local educational agency shall be eligible
for a grant under this section if the number of children counted
for grants under this section is equal to 2 percent or less of the
total school age population in the local educational agency. For
fiscal years 1996 through 1998, grants not made as a result of
applying the preceding sentence shall be reallocated by the State
educational agency to other eligible local educational agencies in
the State in proportion to the distribution of other funds under
this section.
‘‘(c) CHILDREN TO BE COUNTED.—
‘‘(1) CATEGORIES OF CHILDREN.—The number of children
to be counted for purposes of this section is the aggregate
of—
‘‘(A) the number of children aged 5 to 17, inclusive,
in the school district of the local educational agency from
families below the poverty level as determined under para-
graph (2);
‘‘(B) the number of children aged 5 to 17, inclusive,
in the school district of such agency from families above
the poverty level as determined under paragraph (5); and
‘‘(C) the number of children aged 5 to 17, inclusive,
in the school district of such agency in institutions for
neglected and delinquent children (other than such institu-
tions operated by the United States), but not counted
pursuant to subpart 1 of part D for the purposes of a
grant to a State agency, or being supported in foster homes
with public funds.
‘‘(2) DETERMINATION OF NUMBER OF CHILDREN.—For the
purposes of this section, the Secretary shall determine the
number of children aged 5 to 17, inclusive, from families below
the poverty level on the basis of the most recent satisfactory
data, described in paragraph (3), available from the Department
of Commerce. For fiscal year 1999 and beyond, the District
of Columbia and the Commonwealth of Puerto Rico shall be
treated as individual local educational agencies. If a local edu-
cational agency contains two or more counties in their entirety,
then each county will be treated as if such county were a
separate local educational agency for purposes of calculating
grants under this part. The total of grants for such counties
shall be allocated to such a local educational agency, which
local educational agency shall distribute to schools in each
county within such agency a share of the local educational
agency’s total grant that is no less than the county’s share
of the population counts used to calculate the local educational
agency’s grant.
‘‘(3) POPULATION UPDATES.—In fiscal year 1997 and every
2 years thereafter, the Secretary shall use updated data on
the number of children, aged 5 to 17, inclusive, from families
below the poverty level for counties or local educational agen-
H. R. 6—50
cies, published by the Department of Commerce, unless the
Secretary and the Secretary of Commerce determine that use
of the updated population data would be inappropriate or
unreliable, taking into consideration the recommendations of
the study to be conducted by the National Academy of Sciences.
If the Secretary and the Secretary of Commerce determine
that some or all of the data referred to in this paragraph
are inappropriate or unreliable, they shall jointly issue a report
setting forth their reasons in detail. In determining the families
which are below the poverty level, the Secretary shall utilize
the criteria of poverty used by the Bureau of the Census in
compiling the most recent decennial census, in such form as
those criteria have been updated by increases in the Consumer
Price Index for all urban consumers, published by the Bureau
of Labor Statistics.
‘‘(4) STUDY.—(A) The Secretary of Education shall, within
30 days after the date of enactment of the Improving America’s
School’s Act of 1994, contract with the National Academy of
Sciences (hereafter in this section referred to as the ‘Academy’)
to study the program to produce intercensal poverty data for
small geographic areas and certain age cohorts being developed
by the Bureau of the Census.
‘‘(B) In conducting its study, the Academy shall consider
such matters as—
‘‘(i) the methodology used to produce and publish
intercensal poverty data, and possible alternative methods
to improve the usefulness of the data for Federal program
purposes;
‘‘(ii) the availability of alternative indicators of poverty
for small geographic areas, against which the poverty data
produced and published by the Bureau of the Census could
be compared;
‘‘(iii) the reliability of the poverty data produced and
published by the Bureau of the Census, particularly for
less populous geographic areas;
‘‘(iv) the reliability of intercensal poverty data produced
and published by the Bureau of the Census, as compared
over time to similar data produced by the Bureau of the
Census during the most recent decennial census; and
‘‘(v) the usefulness of poverty data produced and pub-
lished by the Bureau of the Census for Federal programs
that allocate funds to State and sub-State areas based,
in whole or in part, on such data.
‘‘(C) The Academy shall submit to the Secretary and the
Secretary of Commerce, as well as to the Committee on Edu-
cation and Labor and the Committee on Post Office and Civil
Service of the House of Representatives and the Committee
on Labor and Human Resources and the Committee on Govern-
mental Affairs of the Senate—
‘‘(i) not later than 18 months after the date on which
a contract is entered into under subsection (a), and not
later than every 18 months thereafter, such interim reports
on the Academy’s activities under this Act that the Acad-
emy deems appropriate, including a detailed statement
of the Academy’s findings and conclusions with respect
to any poverty data which the Bureau of the Census pub-
H. R. 6—51
lishes and produces, within 90 days of such publication;
and
‘‘(ii) not later than December 31, 1998, a final report
which shall include a more detailed statement of the Acad-
emy’s findings and conclusions with respect to the use
of any intercensal poverty data produced and published
by the Bureau of the Census as the basis for allocating
Federal funds under this Act.
‘‘(D) Of the funds appropriated under section 1002(f) of
this Act, the Secretary shall use such sums as are necessary
in each of fiscal years 1995, 1996, 1997, 1998, and 1999 to
carry out the provisions of this paragraph.
‘‘(5) OTHER CHILDREN TO BE COUNTED.—For purposes of
this section, the Secretary shall determine the number of chil-
dren aged 5 to 17, inclusive, from families above the poverty
level on the basis of the number of such children from families
receiving an annual income, in excess of the current criteria
of poverty, from payments under the program of aid to families
with dependent children under a State plan approved under
title IV of the Social Security Act; and in making such deter-
minations the Secretary shall utilize the criteria of poverty
used by the Bureau of the Census in compiling the most recent
decennial census for a family of 4 in such form as those criteria
have been updated by increases in the Consumer Price Index
for all urban consumers, published by the Bureau of Labor
Statistics. The Secretary shall determine the number of such
children and the number of children of such ages living in
institutions for neglected or delinquent children, or being sup-
ported in foster homes with public funds, on the basis of the
caseload data for the month of October of the preceding fiscal
year (using, in the case of children described in the preceding
sentence, the criteria of poverty and the form of such criteria
required by such sentence which were determined for the cal-
endar year preceding such month of October) or, to the extent
that such data are not available to the Secretary before January
of the calendar year in which the Secretary’s determination
is made, then on the basis of the most recent reliable data
available to the Secretary at the time of such determination.
The Secretary of Health and Human Services shall collect and
transmit the information required by this subparagraph to
the Secretary not later than January 1 of each year.
‘‘(6) ESTIMATE.—When requested by the Secretary, the Sec-
retary of Commerce shall make a special updated estimate
of the number of children of such ages who are from families
below the poverty level (as determined under subparagraph
(A) of this paragraph) in each school district, and the Secretary
is authorized to pay (either in advance or by way of reimburse-
ment) the Secretary of Commerce the cost of making this special
estimate. The Secretary of Commerce shall give consideration
to any request of the chief executive of a State for the collection
of additional census information. For purposes of this section,
the Secretary shall consider all children who are in correctional
institutions to be living in institutions for delinquent children.
‘‘(d) STATE MINIMUM.—Notwithstanding subsection (b)(1) or (d)
of section 1122, the aggregate amount allotted for all local
educational agencies within a State may not be less than the
lesser of—
H. R. 6—52
‘‘(1) 0.25 percent of total grants under this section; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total amount avail-
able for such fiscal year under this section; and
‘‘(B) the number of children in such State counted
under subsection (c) in the fiscal year multiplied by 150
percent of the national average per pupil payment made
with funds available under this section for that year.
‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
‘‘(1) IN GENERAL.—(A) Except as otherwise provided in this
paragraph, each local educational agency, in a State other
than Guam, American Samoa, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, and Palau, which
is eligible for a grant under this part for any fiscal year shall
be eligible for an additional grant under this section for that
fiscal year if—
‘‘(i) the number of children counted under section
1124(c) in the county (for fiscal years 1996 through 1998),
or local educational agency (for fiscal years beginning with
1999) for the fiscal year exceeds 6,500; or
‘‘(ii) the number of children counted under section
1124(c) exceeds 15 percent of the total number of children
aged 5 to 17, inclusive, in the county (for fiscal years
1996 through 1998), or local educational agency (for fiscal
years beginning with 1999) in that fiscal year.
‘‘(B) Notwithstanding such subsections (b)(1) and (d) of
section 1122, no State described in subparagraph (A) shall
receive less than the lesser of—
‘‘(i) 0.25 percent of total grants; or
‘‘(ii) the average of—
‘‘(I) one-quarter of 1 percent of the sums available
to carry out this section for such fiscal year; and
‘‘(II) the greater of—
‘‘(aa) $340,000; or
‘‘(bb) the number of children in such State
counted for purposes of this section in that fiscal
year multiplied by 150 percent of the national
average per pupil payment made with funds avail-
able under this section for that year.
‘‘(2) SPECIAL RULE.—For each county or local educational
agency eligible to receive an additional grant under this section
for any fiscal year the Secretary shall determine the product
of—
‘‘(A) the number of children counted under section
1124(c) for that fiscal year; and
‘‘(B) the quotient resulting from the division of the
amount determined for those agencies under section
1124(a)(1) for the fiscal year for which the determination
is being made divided by the total number of children
counted under section 1124(c) for that agency for fiscal
year.
‘‘(3) AMOUNT.—The amount of the additional grant for
which an eligible local educational agency or county is eligible
under this section for any fiscal year shall be an amount
H. R. 6—53
which bears the same ratio to the amount available to carry
out this section for that fiscal year as the product determined
under paragraph (2) for such local educational agency for that
fiscal year bears to the sum of such products for all local
educational agencies in the United States for that fiscal year.
‘‘(4) SUBALLOCATION.—For fiscal years 1996 through 1998,
county amounts shall be suballocated to local educational agen-
cies meeting the criteria of paragraph (1)(A) by State edu-
cational agencies, in accordance with regulations published by
the Secretary. For fiscal years 1995 through 1998, grants shall
be calculated by the Secretary on the basis of the number
of children counted under section 1124(c) for counties, and
State educational agencies shall suballocate county amounts
to local educational agencies, in accordance with regulations
published by the Secretary. In any State in which a large
number of local educational agencies overlap county boundaries,
the State educational agency may apply to the Secretary for
authority during any particular fiscal year to make the alloca-
tions under this part (other than this section) directly to local
educational agencies without regard to the counties. If the
Secretary approves an application of a State educational agency
for a particular year under this paragraph, the State edu-
cational agency shall provide assurances that—
‘‘(A) such allocations will be made using precisely the
same factors for determining a grant as are used under
this part;
‘‘(B) such allocations will be made using alternative
data approved by the Secretary that the State determines
best reflects the distribution of children in poor families
and is adjusted to be equivalent in proportion to the num-
ber of children determined in accordance with section
1124(c); or
‘‘(C) such allocations will be made using data that
the State educational agency submits to the Secretary for
approval that more accurately target poverty.
In addition, the State educational agency shall provide assur-
ances that a procedure will be established through which local
educational agencies dissatisfied with the determinations made
by the State educational agency may appeal directly to the
Secretary for a final determination. A State may reserve not
more than 2 percent of its allocations in fiscal years 1996
through 1998 under this section for the purpose of making
grants to local educational agencies that meet the criteria of
clause (i) or (ii) of paragraph (1)(A), but are in ineligible coun-
ties. For fiscal years beginning with 1999, for each local edu-
cational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local edu-
cational agencies serving areas with total populations of fewer
than 20,000 persons, the State educational agency may either
(i) distribute to such local educational agencies grants under
this section equal to the amounts determined by the Secretary;
or (ii) use an alternative method, approved by the Secretary,
to distribute the share of the State’s total grants under this
section that is based on local educational agencies with total
populations of fewer than 20,000 persons. Such an alternative
method of distributing grants under this section among a State’s
H. R. 6—54
local educational agencies serving areas with total populations
of fewer than 20,000 persons shall be based upon population
data that the State educational agency determines best reflects
the current distribution of children in poor families among
the State’s local educational agencies serving areas with total
populations of fewer than 20,000 persons and meeting the
eligibility criteria of paragraph (1)(A). If a local educational
agency serving an area with total population of less than 20,000
persons is dissatisfied with the determination of its grant by
the State educational agency, then such local educational
agency may appeal this determination to the Secretary. The
Secretary shall respond to this appeal within 45 days of receipt.
The Secretary shall consult with the Secretary of Commerce
regarding whether available data on population for local edu-
cational agencies serving areas with total populations of fewer
than 20,000 persons are sufficiently reliable to be used to
determine final grants to such areas meeting the eligibility
criteria of paragraph (1)(A).
‘‘(b) RESERVATION OF FUNDS.—Of the total amount of funds
available for this section and sections 1124 and 1125, an amount
equal to the appropriation for fiscal year 1995 for section 1006
of this Act (as such section was in effect on the day preceding
the date of enactment of this Act) shall be available to carry
out this section.
‘‘(c) RATABLE REDUCTION RULE.—If the sums available under
subsection (b) for any fiscal year for making payments under this
section are not sufficient to pay in full the total amounts which
all States are eligible to receive under subsection (a) for such
fiscal year, the maximum amounts which all States are eligible
to receive under subsection (a) for such fiscal year shall be ratably
reduced. In the case that additional funds become available for
making such payments for any fiscal year during which the preced-
ing sentence is applicable, such reduced amounts shall be increased
on the same basis as they were reduced.
‘‘(d) STATES RECEIVING MINIMUM GRANTS.—In States that
receive the minimum grant under subsection (a)(1)(B), the State
educational agency shall allocate such funds among the local edu-
cational agencies in each State either—
‘‘(1) in accordance with paragraphs (2) and (4) of subsection
(a); or
‘‘(2) based on their respective concentrations and numbers
of children counted under section 1124(c), except that only
those local educational agencies with concentrations or numbers
of children counted under section 1124(c) that exceed the state-
wide average percentage of such children or the statewide
average number of such children shall receive any funds on
the basis of this paragraph.
‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.—A local
educational agency in a State is eligible to receive a targeted
grant under this section for any fiscal year if the number of children
in the local educational agency counted under subsection 1124(c),
before application of the weighting factor described in subsection
(c), is at least 10, and if the number of children counted for grants
under section 1124 is at least 5 percent of the total population
aged 5 to 17 years, inclusive, in the local educational agency.
H. R. 6—55
Funds made available as a result of applying this subsection shall
be reallocated by the State educational agency to other eligible
local educational agencies in the State in proportion to the distribu-
tion of other funds under this section.
‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, THE DISTRICT
OF COLUMBIA, AND PUERTO RICO.—
‘‘(1) IN GENERAL.—The amount of the grant that a local
educational agency in a State or that the District of Columbia
is eligible to receive under this section for any fiscal year
shall be the product of—
‘‘(A) the weighted child count determined under sub-
section (c); and
‘‘(B) the amount in the second sentence of subpara-
graph 1124(a)(1)(A).
‘‘(2) PUERTO RICO.—For each fiscal year, the amount of
the grant for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to the number of children
counted under subsection (c) for Puerto Rico, multiplied by
the amount determined in subparagraph 1124(a)(3).
‘‘(c) WEIGHTED CHILD COUNT.—
‘‘(1) FISCAL YEARS 1966–1998.—
‘‘(A) IN GENERAL.—The weighted child count used to
determine a county’s allocation under this section is the
larger of the two amounts determined under clause (i)
or (ii), as follows:
‘‘(i) BY PERCENTAGE OF CHILDREN.—This amount
is determined by adding—
‘‘(I) the number of children determined under
section 1124(c) for that county constituting up to
12.20 percent, inclusive, of the county’s total popu-
lation aged 5 to 17, inclusive, multiplied by 1.0;
‘‘(II) the number of such children constituting
more than 12.20 percent, but not more than 17.70
percent, of such population, multiplied by 1.75;
‘‘(III) the number of such children constituting
more than 17.70 percent, but not more than 22.80
percent, of such population, multiplied by 2.5;
‘‘(IV) the number of such children constituting
more than 22.80 percent, but not more than 29.70
percent, of such population, multiplied by 3.25;
and
‘‘(V) the number of such children constituting
more than 29.70 percent of such population, multi-
plied by 4.0.
‘‘(ii) BY NUMBER OF CHILDREN.—This amount is
determined by adding—
‘‘(I) the number of children determined under
section 1124(c) constituting up to 1,917, inclusive,
of the county’s total population aged 5 to 17, inclu-
sive, multiplied by 1.0;
‘‘(II) the number of such children between
1,918 and 5,938, inclusive, in such population,
multiplied by 1.5;
‘‘(III) the number of such children between
5,939 and 20,199, inclusive, in such population,
multiplied by 2.0;
H. R. 6—56
‘‘(IV) the number of such children between
20,200 and 77,999, inclusive, in such population,
multiplied by 2.5; and
‘‘(V) the number of such children in excess
of 77,999 in such population, multiplied by 3.0.
‘‘(B) PUERTO
RICO.—Notwithstanding subparagraph
(A), the weighting factor for Puerto Rico under this para-
graph shall not be greater than the total number of children
counted under subsection 1124(c) multiplied by 1.72.
‘‘(2) FISCAL YEARS AFTER 1999.—
‘‘(A) IN GENERAL.—For each fiscal year beginning with
fiscal year 1999 for which the Secretary uses local edu-
cational agency data, the weighted child count used to
determine a local educational agency’s grant under this
section is the larger of the two amounts determined under
clauses (i) and (ii), as follows:
‘‘(i) BY PERCENTAGE OF CHILDREN.—This amount
is determined by adding—
‘‘(I) the number of children determined under
section 1124(c) for that local educational agency
constituting up to 14.265 percent, inclusive, of the
agency’s total population aged 5 to 17, inclusive,
multiplied by 1.0;
‘‘(II) the number of such children constituting
more than 14.265 percent, but not more than
21.553 percent, of such population, multiplied by
1.75;
‘‘(III) the number of such children constituting
more than 21.553 percent, but not more than
29.223 percent, of such population, multiplied by
2.5;
‘‘(IV) the number of such children constituting
more than 29.223 percent, but not more than
36.538 percent, of such population, multiplied by
3.25; and
‘‘(V) the number of such children constituting
more than 36.538 percent of such population,
multiplied by 4.0.
‘‘(ii) BY NUMBER OF CHILDREN.—This amount is
determined by adding—
‘‘(I) the number of children determined under
section 1124(c) constituting up to 575, inclusive,
of the agency’s total population aged 5 to 17, inclu-
sive, multiplied by 1.0;
‘‘(II) the number of such children between 576
and 1,870, inclusive, in such population, multiplied
by 1.5;
‘‘(III) the number of such children between
1,871 and 6,910, inclusive, in such population,
multiplied by 2.0;
‘‘(IV) the number of such children between
6,911 and 42,000, inclusive, in such population,
multiplied by 2.5; and
‘‘(V) the number of such children in excess
of 42,000 in such population, multiplied by 3.0.
‘‘(B) PUERTO
RICO.—Notwithstanding subparagraph
(A), the weighting factor for Puerto Rico under this para-
H. R. 6—57
graph shall not be greater than the total number of children
counted under section 1124(c) multiplied by 1.72.
‘‘(d) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—For fiscal
years 1995 through 1998, grants shall be calculated by the Secretary
on the basis of the number of children counted under section 1124
for counties, and State educational agencies shall suballocate county
amounts to local educational agencies, in accordance with regula-
tions published by the Secretary. In any State in which a large
number of local educational agencies overlap county boundaries,
the State educational agency may apply to the Secretary for author-
ity during any particular fiscal year to make the allocations under
this part (other than section 1124A) directly to local educational
agencies without regard to the counties. If the Secretary approves
an application of a State educational agency for a particular year
under this subparagraph, the State educational agency shall provide
assurances that—
‘‘(1) such allocations will be made using precisely the same
factors for determining a grant as are used under this part;
‘‘(2) such allocations will be made using alternative data
approved by the Secretary that the State determines best
reflects the distribution of children in poor families and is
adjusted to be equivalent in proportion to the number of chil-
dren determined in accordance with section 1124(c); or
‘‘(3) such allocations will be made using data that the
State educational agency submits to the Secretary for approval
that more accurately target poverty.
In addition, the State educational agency shall provide assurances
that a procedure will be established through which local educational
agencies dissatisfied with the determinations made by the State
educational agency may appeal directly to the Secretary for a final
determination. For fiscal years beginning in 1999, for each local
educational agency serving an area with a total population of at
least 20,000 persons, the grant under this section shall be the
amount determined by the Secretary. For local educational agencies
serving areas with total populations of fewer than 20,000 persons,
the State educational agency may either (1) distribute to such
local educational agencies grants under this section equal to the
amounts determined by the Secretary; or (2) use an alternative
method, approved by the Secretary, to distribute the share of the
State’s total grants under this section that is based on local edu-
cational agencies with total populations of fewer than 20,000 per-
sons. Such an alternative method of distributing grants under this
section among a State’s local educational agencies serving areas
with total populations of fewer than 20,000 persons shall be based
upon population data that the State educational agency determines
best reflects the current distribution of children in poor families
among the State’s local educational agencies serving areas with
total populations of fewer than 20,000 persons. If a local educational
agency serving an area with total populations of less than 20,000
persons is dissatisfied with the determination of its grant by the
State educational agency, then the local educational agency may
appeal this determination to the Secretary. The Secretary shall
respond to this appeal within 45 days of receipt.
‘‘(e) STATE MINIMUM.—Notwithstanding any other provision of
this section or subsection (b)(1) or (d) of section 1122, from the
total amount available for any fiscal year to carry out this section,
each State shall be allotted at least the lesser of—
H. R. 6—58
‘‘(1) 0.25 percent of total appropriations; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total amount avail-
able to carry out this section; and
‘‘(B) 150 percent of the national average grant under
this section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State’s
total number of children described in section 1124(c), with-
out application of a weighting factor.
‘‘SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.
‘‘(a) GRANTS.—The Secretary is authorized to make grants to
States from the sums appropriated pursuant to subsection (e) to
carry out the purposes of this part.
‘‘(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND EQUITY.—
‘‘(1) IN GENERAL.—Funds appropriated pursuant to sub-
section (e) shall be allotted to each State based upon the number
of children aged 5 to 17, inclusive, of such State multiplied
by the product of—
‘‘(A) such State’s effort factor described in paragraph
(2); multiplied by
‘‘(B) 1.30 minus such State’s equity factor described
in paragraph (3),
except that for each fiscal year no State shall receive less
than one-quarter of 1 percent of the total amount appropriated
pursuant to subsection (e) for such fiscal year.
‘‘(2) EFFORT FACTOR.—(A) Except as provided in subpara-
graph (B), the effort factor for a State shall be determined
in accordance with the succeeding sentence, except that such
factor shall not be less than .95 nor greater than 1.05. The
effort factor determined under this sentence shall be a fraction
the numerator of which is the product of the three-year average
per-pupil expenditure in the State multiplied by the three-
year average per capita income in the United States and the
denominator of which is the product of the three-year average
per capita income in such State multiplied by the three-year
average per-pupil expenditure in the United States.
‘‘(B) The effort factor for the Commonwealth of Puerto
Rico shall be equal to the lowest effort factor calculated under
subparagraph (A) for any State.
‘‘(3) EQUITY FACTOR.—(A)(i) Except as provided in subpara-
graph (B), the Secretary shall determine the equity factor under
this section for each State in accordance with clause (ii).
‘‘(ii)(I) For each State, the Secretary shall compute a
weighted coefficient of variation for the per-pupil expenditures
of local educational agencies in accordance with subclauses
(II), (III), (IV), and (V).
‘‘(II) In computing coefficients of variation, the Secretary
shall weigh the variation between per-pupil expenditures in
each local educational agency and the average per-pupil
expenditures in the State according to the number of pupils
in the local educational agency.
‘‘(III) In determining the number of pupils under this para-
graph in each local educational agency and each State, the
Secretary shall multiply the number of children from low-
income families by 1.4 under this paragraph.
H. R. 6—59
‘‘(IV) In computing coefficients of variation, the Secretary
shall include only those local educational agencies with an
enrollment of more than 200 students.
‘‘(V) The Secretary shall compute separate coefficients of
variation for elementary, secondary, and unified local edu-
cational agencies and shall combine such coefficients into a
single weighted average coefficient for the State by multiplying
each coefficient by the total enrollments of the local educational
agencies in each group, adding such products, and dividing
such sum by the total enrollments of the local educational
agencies in the State.
‘‘(B) The equity factor for a State that meets the disparity
standard described in section 222.63 of title 34, Code of Federal
Regulations (as such section was in effect on the day preceding
the date of enactment of this Act) or a State with only one
local educational agency shall be not greater than .10.
‘‘(C) The Secretary may revise each State’s equity factor
as necessary based on the advice of independent education
finance scholars to reflect other need-based costs of local edu-
cational agencies in addition to low-income student enrollment,
such as differing geographic costs, costs associated with stu-
dents with disabilities, children with limited-English proficiency
or other meaningful educational needs, which deserve addi-
tional support. In addition and also with the advice of independ-
ent education finance scholars, the Secretary may revise each
State’s equity factor to incorporate other valid and accepted
methods to achieve adequacy of educational opportunity that
may not be reflected in a coefficient of variation method.
‘‘(c) USE OF FUNDS.—All funds awarded to each State under
this section shall be allocated to local educational agencies and
schools on a basis consistent with the distribution of other funds
to such agencies and schools under sections 1124, 1124A, and
1125 to carry out activities under this part.
‘‘(d) MAINTENANCE OF EFFORT.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a State is entitled to receive its full allotment of funds under
this part for any fiscal year if the Secretary finds that either
the combined fiscal effort per student or the aggregate expendi-
tures within the State with respect to the provision of free
public education for the fiscal year preceding the fiscal year
for which the determination is made was not less than 90
percent of such combined fiscal effort or aggregate expenditures
for the second fiscal year preceding the fiscal year for which
the determination is made.
‘‘(2) REDUCTION
OF
FUNDS.—The Secretary shall reduce
the amount of the of funds awarded to any State under this
section in any fiscal year in the exact proportion to which
the State fails to meet the requirements of paragraph (1) by
falling below 90 percent of both the fiscal effort per student
and aggregate expenditures (using the measure most favorable
to the State), and no such lesser amount shall be used for
computing the effort required under paragraph (1) for subse-
quent years.
‘‘(3) WAIVERS.—The Secretary may waive, for one fiscal
year only, the requirements of this subsection if the Secretary
determines that such a waiver would be equitable due to excep-
tional or uncontrollable circumstances such as a natural disas-
H. R. 6—60
ter or a precipitous and unforeseen decline in the financial
resources of the State.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
making grants under this section, there are authorized to be appro-
priated $200,000,000 for fiscal year 1996 and such sums as may
be necessary for each of the three succeeding fiscal years.
‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—
‘‘(1) IN GENERAL.—If a State educational agency determines
that a local educational agency in the State is unable or unwill-
ing to provide for the special educational needs of children
who are living in institutions for neglected children as described
in subparagraph 1124(c)(1)(C), the State educational agency
shall, if such agency assumes responsibility for the special
educational needs of such children, receive the portion of such
local educational agency’s allocation under sections 1124,
1124A, and 1125 that is attributable to such children.
‘‘(2) SPECIAL RULE.—If the State educational agency does
not assume such responsibility, any other State or local public
agency that does assume such responsibility shall receive that
portion of the local educational agency’s allocation.
‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES.—The
State educational agency may allocate the amounts of grants under
sections 1124, 1124A, and 1125 among the affected local educational
agencies—
‘‘(1) if two or more local educational agencies serve, in
whole or in part, the same geographical area;
‘‘(2) if a local educational agency provides free public edu-
cation for children who reside in the school district of another
local educational agency; or
‘‘(3) to reflect the merger, creation, or change of boundaries
of one or more local educational agencies.
‘‘(c) REALLOCATION.—If a State educational agency determines
that the amount of a grant a local educational agency would receive
under sections 1124, 1124A, and 1125 is more than such local
agency will use, the State educational agency shall make the excess
amount available to other local educational agencies in the State
that need additional funds in accordance with criteria established
by the State educational agency.
‘‘SEC. 1127. CARRYOVER AND WAIVER.
‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding section 421
of the General Education Provisions Act or any other provision
of law, not more than 15 percent of the funds allocated to a local
educational agency for any fiscal year under this subpart (but
not including funds received through any reallocation under this
subpart) may remain available for obligation by such agency for
one additional fiscal year.
‘‘(b) WAIVER.—A State educational agency may, once every three
years, waive the percentage limitation in subsection (a) if—
‘‘(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
‘‘(2) supplemental appropriations for this subpart become
available.
‘‘(c) EXCLUSION.—The percentage limitation under subsection
(a) shall not apply to any local educational agency that receives
less than $50,000 under this subpart for any fiscal year.
H. R. 6—61
‘‘PART B—EVEN START FAMILY LITERACY
PROGRAMS
‘‘SEC. 1201. STATEMENT OF PURPOSE.
‘‘It is the purpose of this part to help break the cycle of poverty
and illiteracy by improving the educational opportunities of the
Nation’s low-income families by integrating early childhood edu-
cation, adult literacy or adult basic education, and parenting edu-
cation into a unified family literacy program, to be referred to
as ‘Even Start’. The program shall—
‘‘(1) be implemented through cooperative projects that build
on existing community resources to create a new range of
services;
‘‘(2) promote achievement of the National Education Goals;
and
‘‘(3) assist children and adults from low-income families
to achieve to challenging State content standards and challeng-
ing State student performance standards.
‘‘SEC. 1202. PROGRAM AUTHORIZED.
‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLYING AREAS,
AND INDIAN TRIBES.—
‘‘(1) IN GENERAL.—For each fiscal year, the Secretary shall
reserve 5 percent of the amount appropriated under section
1002(b) for programs, under such terms and conditions as the
Secretary shall establish, that are consistent with the purpose
of this part, and according to their relative needs, for—
‘‘(A) children of migratory workers;
‘‘(B) the outlying areas; and
‘‘(C) Indian tribes and tribal organizations.
‘‘(2) SPECIAL RULE.—If the amount of funds made available
under this subsection exceeds $4,600,000, the Secretary shall
award a grant, on a competitive basis, of sufficient size and
for a period of sufficient duration to demonstrate the effective-
ness of a family literacy program in a prison that houses
women and their preschool age children and that has the
capability of developing a program of high quality.
‘‘(b) RESERVATION
FOR FEDERAL ACTIVITIES.—From amounts
appropriated under section 1002(b), the Secretary may reserve not
more than three percent of such amounts or the amount reserved
to carry out the activities described in paragraphs (1) and (2)
of subsection (a) for the fiscal year 1994, whichever is greater,
for purposes of—
‘‘(1) carrying out the evaluation required by section 1209;
and
‘‘(2) providing, through grants or contracts with eligible
organizations, technical assistance, program improvement, and
replication activities.
‘‘(c) RESERVATION FOR GRANTS.—
‘‘(1) GRANTS AUTHORIZED.—In any fiscal year in which the
amount appropriated to carry out this part exceeds the amount
appropriated to carry out this part for the preceding fiscal
year, the Secretary may reserve such funds in excess of the
amount appropriated for such preceding fiscal years as do not
exceed $1,000,000 to award grants, on a competitive basis,
to States to enable such States to plan and implement, state-
wide family literacy initiatives to coordinate and integrate exist-
H. R. 6—62
ing Federal, State, and local literacy resources consistent with
the purposes of this part. Such coordination and integration
shall include funds available under the Adult Education Act,
Head Start, Even Start, and the Family Support Act of 1988.
‘‘(2) MATCHING
REQUIREMENT.—The Secretary shall not
make a grant to a State under paragraph (1) unless the State
agrees that, with respect to the costs to be incurred by the
eligible consortium in carrying out the activities for which
the grant was awarded, the State will make available non-
Federal contributions in an amount equal to not less than
the Federal funds provided under the grant.
‘‘(d) STATE ALLOCATION.—
‘‘(1) IN GENERAL.—From amounts appropriated under sec-
tion 1002(b) and not reserved under subsections (a), (b), and
(c), the Secretary shall make grants to States from allocations
under paragraph (2).
‘‘(2) ALLOCATIONS.—Except as provided in paragraph (3),
from the total amount available for allocation to States in
any fiscal year, each State shall be eligible to receive a grant
under paragraph (1) in an amount that bears the same ratio
to such total amount as the amount allocated under part A
to that State bears to the total amount allocated under that
section to all the States.
‘‘(3) MINIMUM.—No State shall receive a grant under para-
graph (1) in any fiscal year in an amount which is less than
$250,000, or one-half of 1 percent of the amount appropriated
under section 1002(b) and not reserved under subsections (a),
(b), and (c) for such year, whichever is greater.
‘‘(e) DEFINITIONS.—For the purpose of this part—
‘‘(1) the term ‘eligible entity’ means a partnership composed
of both—
‘‘(A) a local educational agency; and
‘‘(B) a nonprofit community-based organization, a pub-
lic agency other than a local educational agency, an institu-
tion of higher education, or a public or private nonprofit
organization other than a local educational agency, of dem-
onstrated quality;
‘‘(2) the term ‘eligible organization’ means any public or
private nonprofit organization with a record of providing effec-
tive services to family literacy providers, such as the National
Center for Family Literacy, Parents as Teachers, Inc., the Home
Instruction Program for Preschool Youngsters, and the Home
and School Institute, Inc.;
‘‘(3) the terms ‘Indian tribe’ and ‘tribal organization’ have
the meanings given such terms in section 4 of the Indian
Self-Determination and Education Assistance Act; and
‘‘(4) the term ‘State’ includes each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
‘‘SEC. 1203. STATE PROGRAMS.
‘‘(a) STATE LEVEL ACTIVITIES.—Each State that receives a grant
under section 1202(d)(1) may use not more than 5 percent of the
grant funds for the costs of—
‘‘(1) administration; and
‘‘(2) providing, through one or more subgrants or contracts,
technical assistance for program improvement and replication,
to eligible entities that receive subgrants under subsection (b).
H. R. 6—63
‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—
‘‘(1) IN GENERAL.—Each State shall use the grant funds
received under section 1202(d)(1) and not reserved under sub-
section (a) to award subgrants to eligible entities to carry
out Even Start programs.
‘‘(2) MINIMUM.—No State shall award a subgrant under
paragraph (1) in an amount less than $75,000, except that
a State may award one subgrant in each fiscal year of sufficient
size, scope, and quality to be effective in an amount less than
$75,000 if, after awarding subgrants under paragraph (1) for
such fiscal year in amounts of $75,000 or greater, less than
$75,000 is available to the State to award such subgrants.
‘‘SEC. 1204. USES OF FUNDS.
‘‘(a) IN GENERAL.—In carrying out an Even Start program
under this part, a recipient of funds under this part shall use
such funds to pay the Federal share of the cost of providing family-
centered education programs that involve parents and children,
from birth through age seven, in a cooperative effort to help parents
become full partners in the education of their children and to
assist children in reaching their full potential as learners.
‘‘(b) FEDERAL SHARE LIMITATION.—
‘‘(1) IN GENERAL.—(A) Except as provided in paragraph
(2), the Federal share under this part may not exceed—
‘‘(i) 90 percent of the total cost of the program in
the first year that such program receives assistance under
this part or its predecessor authority;
‘‘(ii) 80 percent in the second such year;
‘‘(iii) 70 percent in the third such year;
‘‘(iv) 60 percent in the fourth such year; and
‘‘(v) 50 percent in any subsequent such year.
‘‘(B) The remaining cost of a program assisted under this
part may be provided in cash or in kind, fairly evaluated
and may be obtained from any source, including other Federal
funds under this Act.
‘‘(2) WAIVER.—The State educational agency may waive,
in whole or in part, the cost-sharing requirement described
in paragraph (1) for an eligible entity if such entity—
‘‘(A) demonstrates that such entity otherwise would
not be able to participate in the program assisted under
this part; and
‘‘(B) negotiates an agreement with the State edu-
cational agency with respect to the amount of the remaining
cost to which the waiver will be applicable.
‘‘(3) PROHIBITION.—Federal funds provided under this part
may not be used for the indirect costs of a program assisted
under this part, except that the Secretary may waive this
paragraph if an eligible recipient of funds reserved under sec-
tion 1202(a)(1)(C) demonstrates to the Secretary’s satisfaction
that such recipient otherwise would not be able to participate
in the program assisted under this part.
‘‘SEC. 1205. PROGRAM ELEMENTS.
‘‘Each program assisted under this part shall—
‘‘(1) include the identification and recruitment of families
most in need of services provided under this part, as indicated
by a low level of income, a low level of adult literacy or English
H. R. 6—64
language proficiency of the eligible parent or parents, and other
need-related indicators;
‘‘(2) include screening and preparation of parents, including
teenage parents and children to enable such parents to partici-
pate fully in the activities and services provided under this
part, including testing, referral to necessary counselling, other
developmental and support services, and related services;
‘‘(3) be designed to accommodate the participants’ work
schedule and other responsibilities, including the provision of
support services, when such services are unavailable from other
sources, necessary for participation in the activities assisted
under this part, such as—
‘‘(A) scheduling and locating of services to allow joint
participation by parents and children;
‘‘(B) child care for the period that parents are involved
in the program provided under this part; and
‘‘(C) transportation for the purpose of enabling parents
and their children to participate in programs authorized
by this part;
‘‘(4) include high-quality instructional programs that pro-
mote adult literacy and empower parents to support the edu-
cational growth of their children, developmentally appropriate
early childhood educational services, and preparation of chil-
dren for success in regular school programs;
‘‘(5) include special training of staff, including child care
staff, to develop the skills necessary to work with parents
and young children in the full range of instructional services
offered through this part;
‘‘(6) provide and monitor integrated instructional services
to participating parents and children through home-based pro-
grams;
‘‘(7) operate on a year-round basis, including the provision
of some program services, instructional or enrichment, during
the summer months;
‘‘(8) be coordinated with—
‘‘(A) programs assisted under other parts of this title
and this Act;
‘‘(B) any relevant programs under the Adult Education
Act, the Individuals with Disabilities Education Act, and
the Job Training Partnership Act; and
‘‘(C) the Head Start program, volunteer literacy pro-
grams, and other relevant programs;
‘‘(9) ensure that the programs will serve those families
most in need of the activities and services provided by this
part; and
‘‘(10) provide for an independent evaluation of the program.
‘‘SEC. 1206. ELIGIBLE PARTICIPANTS.
‘‘(a) IN GENERAL.—Except as provided in subsection (b), eligible
participants in an Even Start program are—
‘‘(1) a parent or parents—
‘‘(A) who are eligible for participation in an adult basic
education program under the Adult Education Act; or
‘‘(B) who are within the State’s compulsory school
attendance age range, so long as a local educational agency
provides (or ensures the availability of) the basic education
component required under this part; and
H. R. 6—65
‘‘(2) the child or children, from birth through age seven,
of any individual described in paragraph (1).
‘‘(b) ELIGIBILITY FOR CERTAIN OTHER PARTICIPANTS.—
‘‘(1) IN GENERAL.—Family members of eligible participants
described in subsection (a) may participate in activities and
services provided under this part, when appropriate to serve
the purpose of this part.
‘‘(2) SPECIAL RULE.—Any family participating in a program
assisted under this part that becomes ineligible for such partici-
pation as a result of one or more members of the family becom-
ing ineligible for such participation may continue to participate
in the program until all members of the family become ineligible
for such participation, which—
‘‘(A) in the case of a family in which ineligibility was
due to the child or children of such family attaining the
age of eight, shall be in two years or when the parent
or parents become ineligible due to educational advance-
ment, whichever occurs first; and
‘‘(B) in the case of a family in which ineligibility was
due to the educational advancement of the parent or par-
ents of such family, shall be when all children in the
family attain the age of eight.
‘‘SEC. 1207. APPLICATIONS.
‘‘(a) SUBMISSION.—To be eligible to receive a subgrant under
this part, an eligible entity shall submit an application to the
State educational agency in such form and containing or accom-
panied by such information as the State educational agency shall
require.
‘‘(b) 
REQUIRED
DOCUMENTATION.—Each 
application 
shall
include documentation, satisfactory to the State educational agency,
that the eligible entity has the qualified personnel needed—
‘‘(1) to develop, administer, and implement an Even Start
program under this part; and
‘‘(2) to provide access to the special training necessary
to prepare staff for the program, which may be offered by
an eligible organization.
‘‘(c) PLAN.—
‘‘(1) IN GENERAL.—Such application shall also include a
plan of operation for the program which shall include—
‘‘(A) a description of the program goals;
‘‘(B) a description of the activities and services that
will be provided under the program, including a description
of how the program will incorporate the program elements
required by section 1205;
‘‘(C) a description of the population to be served and
an estimate of the number of participants to be served;
‘‘(D) as appropriate, a description of the applicant’s
collaborative efforts with institutions of higher education,
community-based organizations, the State educational
agency, private elementary schools, or other eligible
organizations in carrying out the program for which assist-
ance is sought;
‘‘(E) a statement of the methods that will be used—
‘‘(i) to ensure that the programs will serve families
most in need of the activities and services provided
by this part;
H. R. 6—66
‘‘(ii) to provide services under this part to individ-
uals with special needs, such as individuals with
limited English proficiency and individuals with
disabilities; and
‘‘(iii) to encourage participants to remain in the
program for a time sufficient to meet the program’s
purpose; and
‘‘(F) a description of how the plan is integrated with
other programs under this Act, the Goals 2000: Educate
America Act, or other Acts, as appropriate, consistent with
section 14306.
‘‘(2) DURATION OF THE PLAN.—Each plan submitted under
paragraph (1)(A) shall—
‘‘(A) remain in effect for the duration of the eligible
entity’s participation under this part; and
‘‘(B) be periodically reviewed and revised by the eligible
entity as necessary.
‘‘(d) CONSOLIDATED APPLICATION.—The plan described in sub-
section (c)(1)(F) may be submitted as part of a consolidated applica-
tion under section 14302.
‘‘SEC. 1208. AWARD OF SUBGRANTS.
‘‘(a) SELECTION PROCESS.—
‘‘(1) IN
GENERAL.—The State educational agency shall
establish a review panel in accordance with paragraph (3) that
will approve applications that—
‘‘(A) are most likely to be successful in—
‘‘(i) meeting the purpose of this part; and
‘‘(ii) effectively implementing the program ele-
ments required under section 1205;
‘‘(B) demonstrate that the area to be served by such
program has a high percentage or a large number of chil-
dren and families who are in need of such services as
indicated by high levels of poverty, illiteracy, unemploy-
ment, limited-English proficiency, or other need-related
indicators, including a high percentage of children to be
served by the program who reside in a school attendance
area eligible for participation in programs under part A;
‘‘(C) provide services for at least a three-year age range,
which may begin at birth;
‘‘(D) demonstrate the greatest possible cooperation and
coordination between a variety of relevant service providers
in all phases of the program;
‘‘(E) include cost-effective budgets, given the scope of
the application;
‘‘(F) demonstrate the applicant’s ability to provide the
Federal share required by section 1204(b);
‘‘(G) are representative of urban and rural regions of
the State; and
‘‘(H) show the greatest promise for providing models
that may be adopted by other local educational agencies.
‘‘(2) PRIORITY
FOR
SUBGRANTS.—The State educational
agency shall give priority for subgrants under this subsection
to applications that—
‘‘(A) target services primarily to families described in
paragraph (1)(B); or
H. R. 6—67
‘‘(B) are located in areas designated as empowerment
zones or enterprise communities.
‘‘(3) REVIEW PANEL.—A review panel shall consist of at
least three members, including one early childhood professional,
one adult education professional, and one or more of the follow-
ing individuals:
‘‘(A) A representative of a parent-child education
organization.
‘‘(B) A representative of a community-based literacy
organization.
‘‘(C) A member of a local board of education.
‘‘(D) A representative of business and industry with
a commitment to education.
‘‘(E) An individual who has been involved in the
implementation of programs under this title in the State.
‘‘(b) DURATION.—
‘‘(1) IN
GENERAL.—Subgrants under this part may be
awarded for a period not to exceed four years.
‘‘(2) STARTUP PERIOD.—The State educational agency may
provide subgrant funds to an eligible recipient, at such recipi-
ent’s request, for a three- to six-month startup period during
the first year of the four-year grant period, which may include
staff recruitment and training, and the coordination of services,
before requiring full implementation of the program.
‘‘(3) CONTINUING ELIGIBILITY.—In awarding subgrant funds
to continue a program under this part for the second, third,
or fourth year, the State educational agency shall review the
progress being made toward meeting the objectives of the pro-
gram after the conclusion of the startup period, if any.
‘‘(4) 
INSUFFICIENT
PROGRESS.—The 
State 
educational
agency may refuse to award subgrant funds if such agency
finds that sufficient progress has not been made toward meeting
such objectives, but only after affording the applicant notice
and an opportunity for a hearing.
‘‘(5) GRANT RENEWAL.—(A) An eligible entity that has pre-
viously received a subgrant under this part may reapply under
this part for additional subgrants. An eligible recipient may
receive funds under this part for a period not to exceed eight
years.
‘‘(B) The Federal share of any subgrant renewed under
subparagraph (A) shall not exceed 50 percent in any fiscal
year.
‘‘SEC. 1209. EVALUATION.
‘‘From funds reserved under section 1202(b)(1), the Secretary
shall provide for an independent evaluation of programs assisted
under this part—
‘‘(1) to determine the performance and effectiveness of pro-
grams assisted under this part; and
‘‘(2) to identify effective Even Start programs assisted under
this part that can be duplicated and used in providing technical
assistance to Federal, State, and local programs.
‘‘SEC. 1210. CONSTRUCTION.
‘‘Nothing in this part shall be construed to prohibit a recipient
of funds under this part from serving students participating in
Even Start simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
H. R. 6—68
‘‘PART C—EDUCATION OF MIGRATORY
CHILDREN
‘‘SEC. 1301. PROGRAM PURPOSE.
‘‘It is the purpose of this part to assist States to—
‘‘(1) support high-quality and comprehensive educational
programs for migratory children to help reduce the educational
disruptions and other problems that result from repeated
moves;
‘‘(2) ensure that migratory children are provided with
appropriate educational services (including supportive services)
that address their special needs in a coordinated and efficient
manner;
‘‘(3) ensure that migratory children have the opportunity
to meet the same challenging State content standards and
challenging State student performance standards that all chil-
dren are expected to meet;
‘‘(4) design programs to help migratory children overcome
educational disruption, cultural and language barriers, social
isolation, various health-related problems, and other factors
that inhibit the ability of such children to do well in school,
and to prepare such children to make a successful transition
to postsecondary education or employment; and
‘‘(5) ensure that migratory children benefit from State and
local systemic reforms.
‘‘SEC. 1302. PROGRAM AUTHORIZED.
‘‘In order to carry out the purpose of this part, the Secretary
shall make grants to State educational agencies, or combinations
of such agencies, to establish or improve, directly or through local
operating agencies, programs of education for migratory children
in accordance with this part.
‘‘SEC. 1303. STATE ALLOCATIONS.
‘‘(a) STATE ALLOCATIONS.—Each State (other than the Common-
wealth of Puerto Rico) is entitled to receive under this part, for
each fiscal year, an amount equal to—
‘‘(1) the sum of the estimated number of migratory children
aged three through 21 who reside in the State full time and
the full-time equivalent of the estimated number of migratory
children aged three through 21 who reside in the State part
time, as determined in accordance with subsection (e); multi-
plied by
‘‘(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this para-
graph shall not be less than 32 percent, nor more than 48
percent, of the average expenditure per pupil in the United
States.
‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal year, the
amount for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to—
‘‘(1) the number of migratory children in Puerto Rico, deter-
mined under subsection (a)(1); multiplied by
‘‘(2) the product of—
‘‘(A) the percentage that the average per-pupil expendi-
ture in Puerto Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and