991
HR 1 EAS
mation that each organization or consortium submits under
subsection (a) to the Secretary.
‘‘SEC. 6106. GENERAL PROVISIONS.
‘‘Notwithstanding any other provision of this part—
‘‘(1) no person, including a parent who educates
a child at home, a public school parent, or a private
school parent, shall be required to participate in any
program of parent education or developmental screen-
ing pursuant to the provisions of this part; and
‘‘(2) no program or center assisted under this
part shall take any action that infringes in any man-
ner on the right of a parent to direct the education
of their children.
‘‘SEC. 6106A. LOCAL FAMILY INFORMATION CENTERS.
‘‘(a) CENTERS AUTHORIZED.—The Secretary shall
award grants to, and enter into contracts and cooperative
agreements with, local nonprofit parent organizations to
enable the organizations to support local family informa-
tion centers that help ensure that parents of students in
schools assisted under this part have the training, informa-
tion, and support the parents need to enable the parents
to participate effectively in their children’s early childhood
education, in their children’s elementary and secondary
education and in helping their children to meet challenging
State standards.
992
HR 1 EAS
‘‘(b) DEFINITION OF LOCAL NONPROFIT PARENT OR-
GANIZATION.—In this section, the term ‘local nonprofit par-
ent organization’ means a private nonprofit organization
(other than an institution of higher education) that—
‘‘(1) has a demonstrated record of working with
low-income individuals and parents;
‘‘(2)(A) has a board of directors the majority of
whom are parents of students in schools that are as-
sisted under this part and located in the geographic
area to be served by the center; or
‘‘(B) has a special governing committee to direct
and implement the center, a majority of the members
of whom are parents of students in schools assisted
under this part; and
‘‘(3) is located in a community with schools that
receive funds under this part, and is accessible to the
families of students in those schools.
‘‘SEC. 6107. PARENTAL ASSISTANCE AND LOCAL FAMILY IN-
FORMATION CENTERS.
‘‘(a) IN GENERAL.—For the purpose of carrying out
this part, there are authorized to be appropriated
$80,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 6 succeeding fiscal years.
‘‘(b) RESERVATION.—Of the amount appropriated
under subsection (a) for a fiscal year—
993
HR 1 EAS
‘‘(1) the Secretary shall reserve $50,000,000 to
carry out this part, other than section 6106A; and
‘‘(2) in the case of any amounts appropriated in
excess of $50,000,000 for such fiscal year, the Sec-
retary shall allocate an amount equal to—
‘‘(A) 50 percent of such excess to carry out
section 6106A; and
‘‘(B) 50 percent of such excess to carry out
parent information and resource centers under
this part.
‘‘PART B—IMPROVING ACADEMIC ACHIEVEMENT
‘‘SEC. 6201. EDUCATION AWARDS.
‘‘(a) ACHIEVEMENT IN EDUCATION AWARDS.—
‘‘(1) IN
GENERAL.—The Secretary may make
awards, to be known as ‘Achievement in Education
Awards’, using a peer review process, to the States
that, beginning with the 2002–2003 school year, make
the most progress in improving educational achieve-
ment.
‘‘(2) CRITERIA.—
‘‘(A) IN
GENERAL.—The Secretary shall
make the awards on the basis of criteria con-
sisting of—
994
HR 1 EAS
‘‘(i) the progress of each of the cat-
egories of students described in section
1111(b)(2)(B)(v)(II)—
‘‘(I) towards the goal of all such
students reaching the proficient level of
performance; and
‘‘(II) beginning with the 2nd year
for which data are available for all
States, on State assessments under the
National Assessment of Educational
Progress of 4th and 8th grade reading
and mathematics skills;
‘‘(ii) the progress of all students in the
State towards the goal of all students reach-
ing the proficient level of performance, and
(beginning with the 2nd year for which
data are available for all States) the
progress of all students on the assessments
described in clause (i)(II);
‘‘(iii) the progress of the State in im-
proving the English proficiency of students
who enter school with limited English pro-
ficiency;
995
HR 1 EAS
‘‘(iv) the progress of the State in in-
creasing the percentage of students who
graduate from secondary school; and
‘‘(v) the progress of the State in in-
creasing the percentage of students who take
advanced coursework, such as advanced
placement and international baccalaureate
courses, and who pass advanced placement
and international baccalaureate tests.
‘‘(B) WEIGHT.—In applying the criteria de-
scribed in subparagraph (A), the Secretary shall give
the greatest weight to the criterion described in sub-
paragraph (A)(i).
‘‘(b) ASSESSMENT COMPLETION BONUSES.—
‘‘(1) IN GENERAL.—At the end of school year
2006–2007, the Secretary shall make 1-time bonus
payments to States that develop State assessments by
the deadline established under section 1111(b)(3)(F)
and as required under section 1111(b)(3)(F) that are
of particularly high quality in terms of assessing the
performance of students in grades 3 through 8. The
Secretary shall make the awards to States that de-
velop assessments that most successfully assess the
range and depth of student knowledge and proficiency
in meeting State performance standards, in each aca-
996
HR 1 EAS
demic subject in which the State is required to con-
duct the assessments.
‘‘(2) PEER REVIEW.—In making awards under
paragraph (1), the Secretary shall use a peer review
process.
‘‘(c) NO CHILD LEFT BEHIND AWARDS.—The Sec-
retary may make awards, to be known as ‘No Child Left
Behind Awards’ to the schools that—
‘‘(1) are nominated by the States in which the
schools are located or, in the case of a Bureau of In-
dian Affairs funded school, by the Secretary of the In-
terior; and
‘‘(2) have made the greatest progress in improv-
ing the educational achievement of economically dis-
advantaged students.
‘‘(d) FUND TO IMPROVE EDUCATION ACHIEVEMENT.—
The Secretary may make awards for activities other than
the activities described in subsections (a) through (c), such
as character education and the identification and recogni-
tion of exemplary schools and programs such as Blue Rib-
bon Schools, that are designed to promote the improvement
of elementary and secondary education nationally.
‘‘(e) BLUE RIBBON SCHOOLS DISSEMINATION DEM-
ONSTRATION.—
997
HR 1 EAS
‘‘(1) IN GENERAL.—The Secretary shall conduct
demonstration projects to evaluate the effectiveness of
using the best practices of Blue Ribbon Schools to im-
prove the educational outcomes of elementary and sec-
ondary schools that fail to make adequate yearly
progress, as defined in the plan of the State under
section 1111(b)(2)(B).
‘‘(2) REPORT TO CONGRESS.—Not later than 3
years after the date on which the Secretary imple-
ments the initial demonstration projects under sub-
section (a), the Secretary shall submit to Congress a
report regarding the effectiveness of the demonstration
projects.
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $7,500,000 for fiscal year 2002, and
such sums as may be necessary in each of the 7 fiscal
years thereafter.
‘‘SEC. 6202. LOSS OF ADMINISTRATIVE FUNDS.
‘‘(a) 2 YEARS OF INSUFFICIENT PROGRESS.—
‘‘(1) REDUCTION.—If the Secretary makes the
determinations described in paragraph (2) for 2 con-
secutive years, the Secretary shall reduce, by not more
than 30 percent, the amount of funds that the State
may reserve for the subsequent fiscal year for State
998
HR 1 EAS
administration under the programs authorized by this
Act that the Secretary determines are formula grant
programs.
‘‘(2) DETERMINATIONS.—The determinations re-
ferred to in paragraph (1) are determinations, made
primarily on the basis of data from the State assess-
ment system described in section 1111 and data from
State assessments under the National Assessment of
Educational Progress of 4th and 8th grade reading
and mathematics skills, that—
‘‘(A) the State has failed to make adequate
yearly 
progress 
as 
defined 
under 
section
1111(b)(2) (B) and (D) for all students and for
each of the categories of students described in sec-
tion 1111(b)(2)(B)(v)(II);
‘‘(B) beginning with the 2nd year for which
data are available on State assessments under
the National Assessment of Educational Progress
of 4th and 8th grade reading and mathematics,
the State has failed to demonstrate an increase
in the achievement of each of the categories of
students 
described 
in 
section
1111(b)(2)(B)(v)(II); and
‘‘(C) the State has failed to meet its annual
measurable performance objectives, for helping
999
HR 1 EAS
limited English proficient students develop pro-
ficiency in English, that are required to be devel-
oped under section 3329.
‘‘(b) THREE
OR MORE YEARS
OF INSUFFICIENT
PROGRESS.—If the Secretary makes the determinations de-
scribed in subsection (a)(2) for a third or subsequent con-
secutive year, the Secretary shall reduce, by not more than
75 percent, the amount of funds that the State may reserve
for the subsequent fiscal year for State administration
under the programs authorized by this Act that the Sec-
retary determines are formula grant programs.
‘‘(c) SMALL STATES.—For the purpose of carrying out
subsection (a)(2) and section 6201(a)(2)(A)(i)(II), with re-
spect to any year for which a small State described in sec-
tion 1111(c)(2) does not participate in the assessments de-
scribed in section 1111(c)(2), the Secretary shall use the
most recent data from those assessments for that State.
‘‘SEC. 6203. STUDY OF ASSESSMENT COSTS.
‘‘(a) STUDY.—
‘‘(1) IN GENERAL.—The Comptroller General of
the United States shall conduct a study of the costs
of conducting student assessments under section 1111.
‘‘(2) CONTENTS.—In conducting the study, the
Comptroller General of the United States shall—
1000
HR 1 EAS
‘‘(A) draw on and use the best available data,
including cost data from each State that has devel-
oped or administered statewide student assessments
under section 1111 and cost or pricing data from
companies that develop student assessments described
in such section;
‘‘(B) determine the aggregate cost for all States
to develop the student assessments required under sec-
tion 1111, and the portion of that cost that is ex-
pected to be incurred in each of fiscal years 2002
through 2008;
‘‘(C) determine the aggregate cost for all States
to administer the student assessments required under
section 1111 and the portion of that cost that is ex-
pected to be incurred in each of fiscal years 2002
through 2008; and
‘‘(D) determine the costs and portions described
in subparagraphs (B) and (C) for each State, and the
factors that may explain variations in the costs and
portions among States.
‘‘(b) REPORT.—
‘‘(1) IN GENERAL.—The Comptroller General of
the United States shall, not later than May 31, 2002,
submit a report containing the results of the study de-
scribed in subsection (a) to—
1001
HR 1 EAS
‘‘(A) the Committee on Appropriations of
the House of Representatives and the Sub-
committee on Labor, Health and Human Serv-
ices, and Education of that Committee;
‘‘(B) the Committee on Appropriations of
the Senate and the Subcommittee on Labor,
Health and Human Services, and Education of
that Committee;
‘‘(C) the Committee on Education and the
Workforce of the House of Representatives; and
‘‘(D) the Committee on Health, Education,
Labor, and Pensions of the Senate.
‘‘(2) CONTENTS.—The report shall include—
‘‘(A) a thorough description of the method-
ology employed in conducting the study; and
‘‘(B) the determinations of costs and por-
tions described in subparagraphs (B) through
(D) of subsection (a)(2).
‘‘(c) DEFINITION.—In this section, the term ‘State’
means 1 of the several States of the United States.
‘‘SEC. 6204. GRANTS FOR STATE ASSESSMENTS AND RE-
LATED ACTIVITIES.
‘‘(a) STATE GRANTS AUTHORIZED.—From amounts
appropriated under subsection (c) the Secretary shall
1002
HR 1 EAS
award grants to States to enable the States to pay the costs
of—
‘‘(1) developing assessments and standards re-
quired by amendments made to this Act by the Better
Education for Students and Teachers Act;
‘‘(2) working in voluntary partnerships with
other States to develop such assessments and stand-
ards; and
‘‘(3) other activities described in this part or re-
lated to ensuring accountability for results in the
State’s public elementary schools or secondary schools,
and local educational agencies, such as—
‘‘(A) developing content and performance
standards, and aligned assessments, in subjects
other than those assessments that were required
by amendments made to section 1111 by the Bet-
ter Education for Students and Teachers Act;
and
‘‘(B) administering the assessments required
by amendments made to section 1111 by the Bet-
ter Education for Students and Teachers Act.
‘‘(b) ALLOCATIONS TO STATES.—
‘‘(1) IN
GENERAL.—From the amount appro-
priated to carry out this section for any fiscal year,
1003
HR 1 EAS
the Secretary first shall allocate $3,000,000 to each
State.
‘‘(2) REMAINDER.—The Secretary shall allocate
any remaining funds among the States on the basis
of their respective numbers of children enrolled in
grades 3 through 8 in public elementary schools and
secondary schools.
‘‘(3) DEFINITION OF STATE.—For the purpose of
this subsection, the term ‘State’ means each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the
purposes of carrying out this section, there are authorized
to be appropriated $400,000,000 for fiscal year 2002, and
such sums as may be necessary for each of the succeeding
6 fiscal years.
‘‘SEC. 6205. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) GRANTS FOR STATE ASSESSMENTS AND RELATED
ACTIVITIES.—
‘‘(1) 
STATE
GRANTS
AUTHORIZED.—From
amounts appropriated under paragraph (3) the Sec-
retary shall award grants to States to enable the
States to pay the costs of—
‘‘(A) developing assessments and standards
required by amendments made to this Act by the
1004
HR 1 EAS
Better Education for Students and Teachers Act;
and
‘‘(B) other activities described in this part
or related to ensuring accountability for results
in the State’s public elementary schools or sec-
ondary schools, and local educational agencies,
such as—
‘‘(i) developing content and perform-
ance standards, and aligned assessments, in
subjects other than those assessments that
were required by amendments made to sec-
tion 1111 by the Better Education for Stu-
dents and Teachers Act; and
‘‘(ii) administering the assessments re-
quired by amendments made to section 1111
by the Better Education for Students and
Teachers Act.
‘‘(2) ALLOCATIONS TO STATES.—
‘‘(A) IN GENERAL.—From the amount ap-
propriated to carry out this subsection for any
fiscal year, the Secretary shall first allocate
$3,000,000 to each State.
‘‘(B) REMAINDER.—The Secretary shall al-
locate any remaining funds among the States on
the basis of their respective numbers of children
1005
HR 1 EAS
enrolled in grades 3 through 8 in public elemen-
tary schools and secondary schools.
‘‘(C) DEFINITION OF STATE.—For the pur-
pose of this subsection, the term ‘State’ means
each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—For
the purposes of carrying out paragraph (1), there are
authorized to be appropriated $400,000,000 for fiscal
year 2002, and such sums as may be necessary for
each of the succeeding 6 fiscal years.
‘‘(b) 
NATIONAL
ASSESSMENT
OF
EDUCATIONAL
PROGRESS.—For the purpose of administering the State as-
sessments under the National Assessment of Educational
Progress, there are authorized to be appropriated
$110,000,000 for fiscal year 2002, and such sums as may
be necessary for each of the 6 succeeding fiscal years.
‘‘(c) EDUCATION AWARDS.—For the purpose of car-
rying out section 6201, there are authorized to be appro-
priated $50,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the 6 succeeding fiscal years.
‘‘PART C—STUDENT EDUCATION ENRICHMENT
‘‘SEC. 6301. SHORT TITLE.
‘‘This part may be cited as the ‘Student Education
Enrichment Demonstration Act’.
1006
HR 1 EAS
‘‘SEC. 6302. PURPOSE.
‘‘The purpose of this part is to establish a demonstra-
tion program that provides Federal support to States and
local educational agencies to provide high quality summer
academic enrichment programs, for public school students
who are struggling academically, that are implemented as
part of statewide education accountability programs.
‘‘SEC. 6303. DEFINITION.
‘‘In this part, the term ‘student’ means an elementary
school or secondary school student.
‘‘SEC. 6304. GRANTS TO STATES.
‘‘(a) IN GENERAL.—The Secretary shall establish a
demonstration program through which the Secretary shall
make grants to State educational agencies, on a competitive
basis, to enable the agencies to assist local educational agen-
cies in carrying out high quality summer academic enrich-
ment programs as part of statewide education account-
ability programs.
‘‘(b) ELIGIBILITY.—For a State educational agency to
be eligible to receive a grant under subsection (a), the State
served by the State educational agency shall—
‘‘(1) have in effect all standards and assessments
required under section 1111; and
‘‘(2) compile and annually distribute to parents
a public school report card that, at a minimum, in-
cludes information on student and school performance
1007
HR 1 EAS
for each of the assessments required under section
1111.
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant under this section, a State educational agency
shall submit an application to the Secretary at such
time, in such manner, and containing such informa-
tion as the Secretary may require.
‘‘(2) 
CONTENTS.—Such 
application 
shall
include—
‘‘(A) information describing specific meas-
urable goals and objectives to be achieved in the
State through the summer academic enrichment
programs carried out under this part, which
may include specific measurable annual edu-
cational goals and objectives relating to—
‘‘(i) 
increased 
student 
academic
achievement;
‘‘(ii) decreased student dropout rates;
or
‘‘(iii) such other factors as the State
educational agency may choose to measure;
and
‘‘(B) information on criteria, established or
adopted by the State, that—
1008
HR 1 EAS
‘‘(i) the State will use to select local
educational agencies for participation in
the summer academic enrichment programs
carried out under this part; and
‘‘(ii) at a minimum, will assure that
grants provided under this part are pro-
vided to—
‘‘(I) the local educational agencies
in the State that—
‘‘(aa) are serving more than
1 school identified for school im-
provement under section 1116(c);
and
‘‘(bb) have the highest per-
centages of students not achieving
a proficient level of performance
on State assessments required
under section 1111;
‘‘(II) local educational agencies
that submit grant applications under
section 6305 describing programs that
the State determines would be both
highly successful and replicable; and
1009
HR 1 EAS
‘‘(III) an assortment of local edu-
cational agencies serving urban, subur-
ban, and rural areas.
‘‘SEC. 6305. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) IN GENERAL.—
‘‘(1) FIRST YEAR.—
‘‘(A) IN GENERAL.—For the first year that
a State educational agency receives a grant
under this part, the State educational agency
shall use the funds made available through the
grant to make grants to eligible local educational
agencies in the State to pay for the Federal share
of the cost of carrying out the summer academic
enrichment programs, except as provided in sub-
paragraph (B).
‘‘(B) TECHNICAL
ASSISTANCE
AND
PLAN-
NING ASSISTANCE.—The State educational agen-
cy may use not more than 5 percent of the
funds—
‘‘(i) to provide to the local educational
agencies technical assistance that is aligned
with the curriculum of the agencies for the
programs;
‘‘(ii) to enable the agencies to obtain
such technical assistance from entities other
1010
HR 1 EAS
than the State educational agency that have
demonstrated success in using the cur-
riculum; and
‘‘(iii) to assist the agencies in plan-
ning activities to be carried out under this
part.
‘‘(2) SUCCEEDING YEARS.—
‘‘(A) IN
GENERAL.—For the second and
third year that a State educational agency re-
ceives a grant under this part, the State edu-
cational agency shall use the funds made avail-
able through the grant to make grants to eligible
local educational agencies in the State to pay for
the Federal share of the cost of carrying out the
summer academic enrichment programs, except
as provided in subparagraph (B).
‘‘(B) TECHNICAL
ASSISTANCE
AND
PLAN-
NING ASSISTANCE.—The State educational agen-
cy may use not more than 5 percent of the
funds—
‘‘(i) to provide to the local educational
agencies technical assistance that is aligned
with the curriculum of the agencies for the
programs;
1011
HR 1 EAS
‘‘(ii) to enable the agencies to obtain
such technical assistance from entities other
than the State educational agency that have
demonstrated success in using the cur-
riculum; and
‘‘(iii) to assist the agencies in evalu-
ating activities carried out under this part.
‘‘(b) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant under this section, a local educational agency
shall submit an application to the State educational
agency at such time, in such manner, and containing
by such information as the Secretary or the State
may require.
‘‘(2) CONTENTS.—The State shall require that
such an application shall include, to the greatest ex-
tent practicable—
‘‘(A) information that—
‘‘(i) demonstrates that the local edu-
cational agency will carry out a summer
academic enrichment program funded under
this section—
‘‘(I) that provides intensive high
quality programs that are aligned with
challenging State content and student
1012
HR 1 EAS
performance standards and that are fo-
cused on reinforcing and boosting the
core academic skills and knowledge of
students who are struggling academi-
cally, as determined by the State;
‘‘(II) that focuses on accelerated
learning 
so 
that 
students 
served
through the program will master the
high level skills and knowledge needed
to meet the highest State standards or
to perform at high levels on all State
assessments required under section
1111;
‘‘(III) that is based on, and incor-
porates best practices developed from,
research-based enrichment methods and
practices;
‘‘(IV) that has a proposed cur-
riculum that is directly aligned with
State content and student performance
standards;
‘‘(V) for which only teachers who
are certified and licensed, and are oth-
erwise fully qualified teachers, provide
1013
HR 1 EAS
academic instruction to students en-
rolled in the program;
‘‘(VI) that offers to staff in the
program professional development and
technical assistance that are aligned
with the approved curriculum for the
program; and
‘‘(VII) that incorporates a paren-
tal involvement component that seeks
to involve parents in the program’s
topics and students’ daily activities;
‘‘(ii) may include—
‘‘(I) the proposed curriculum for
the summer academic enrichment pro-
gram;
‘‘(II) the local educational agen-
cy’s plan for recruiting highly quali-
fied and highly effective teachers to
participate in the program; and
‘‘(III) a schedule for the program
that indicates that the program is of
sufficient duration and intensity to
achieve the State’s goals and objectives
described in section 6304(c)(2)(A); and
1015
HR 1 EAS
‘‘(E) an explanation of the facilities to be
used for the program;
‘‘(F) an explanation regarding the duration
of the periods of time that students and teachers
in the program will have contact for instruc-
tional purposes (such as the hours per day and
days per week of that contact, and the total
length of the program);
‘‘(G) an explanation of the proposed stu-
dent/teacher ratio for the program, analyzed by
grade level;
‘‘(H) an explanation of the grade levels that
will be served by the program;
‘‘(I) an explanation of the approximate cost
per student for the program;
‘‘(J) an explanation of the salary costs for
teachers in the program;
‘‘(K) a description of a method for evalu-
ating the effectiveness of the program at the local
level;
‘‘(L) information describing specific meas-
urable goals and objectives, for each academic
subject in which the program will provide in-
struction, that are consistent with, or more rig-
orous than, the annual measurable objectives for
1016
HR 1 EAS
adequate yearly progress established by the State
under section 1111;
‘‘(M) a description of how the local edu-
cational agency will involve parents and the
community in the program in order to raise aca-
demic achievement;
‘‘(N) a description of how the local edu-
cational agency will acquire any needed tech-
nical assistance that is aligned with the cur-
riculum of the agency for the program, from the
State educational agency or other entities with
demonstrated success in using the curriculum;
and
‘‘(O) a description of the supplemental edu-
cational and related services that the local edu-
cational agency will provide to students not
meeting State academic standards and a de-
scription of the additional or alternative pro-
grams (other than summer academic enrichment
programs) that the local educational agency will
provide to students who continue to fail to meet
State academic standards, after participating in
such programs.
‘‘(c) PRIORITY.—In making grants under this section,
the State educational agency shall give priority to appli-
1017
HR 1 EAS
cants who demonstrate a high level of need for the summer
academic enrichment programs.
‘‘(d) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the cost
described in subsection (a) is 50 percent.
‘‘(2) NON-FEDERAL
SHARE.—The non-Federal
share of the cost may be provided in cash or in kind,
fairly evaluated, including plant, equipment, or serv-
ices.
‘‘SEC. 6306. SUPPLEMENT NOT SUPPLANT.
‘‘Funds appropriated pursuant to the authority of this
part shall be used to supplement and not supplant other
Federal, State, and local public or private funds expended
to provide academic enrichment programs.
‘‘SEC. 6307. REPORTS.
‘‘(a) STATE REPORTS.—Each State educational agen-
cy that receives a grant under this part shall annually pre-
pare and submit to the Secretary a report. The report shall
describe—
‘‘(1) the method the State educational agency
used to make grants to eligible local educational agen-
cies and to provide assistance to schools under this
part;
‘‘(2) the specific measurable goals and objectives
described in section 6304(c)(2)(A) for the State as a
1018
HR 1 EAS
whole and the extent to which the State met each of
the goals and objectives in the year preceding the sub-
mission of the report;
‘‘(3) the specific measurable goals and objectives
described in section 6305(b)(2)(L) for each of the local
educational agencies receiving a grant under this
part in the State and the extent to which each of the
agencies met each of the goals and objectives in that
preceding year;
‘‘(4) the steps that the State will take to ensure
that any such local educational agency who did not
meet the goals and objectives in that year will meet
the goals and objectives in the year following the sub-
mission of the report or the plan that the State has
for revoking the grant of such an agency and redis-
tributing the grant funds to existing or new pro-
grams;
‘‘(5) how eligible local educational agencies and
schools used funds provided by the State educational
agency under this part; and
‘‘(6) the degree to which progress has been made
toward meeting the goals and objectives described in
section 6304(c)(2)(A).
1019
HR 1 EAS
‘‘(b) REPORT TO CONGRESS.—The Secretary shall an-
nually prepare and submit to Congress a report. The report
shall describe—
‘‘(1) the methods the State educational agencies
used to make grants to eligible local educational agen-
cies and to provide assistance to schools under this
part;
‘‘(2) how eligible local educational agencies and
schools used funds provided under this part; and
‘‘(3) the degree to which progress has been made
toward meeting the goals and objectives described in
sections 6304(c)(2)(A) and 6305(b)(2)(L).
‘‘(c) GOVERNMENT ACCOUNTING OFFICE REPORT TO
CONGRESS.—The Comptroller General of the United States
shall conduct a study regarding the demonstration program
carried out under this part and the impact of the program
on student achievement. The Comptroller General shall pre-
pare and submit to Congress a report containing the results
of the study.
‘‘SEC. 6308. ADMINISTRATION.
‘‘The Secretary shall develop program guidelines for
and oversee the demonstration program carried out under
this part.
1020
HR 1 EAS
‘‘SEC. 6309. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $25,000,000 for each of fiscal years 2002 through
2004.
‘‘SEC. 6310. TERMINATION.
‘‘The authority provided by this part terminates 3
years after the date of enactment of the Better Education
for Students and Teachers Act.
‘‘PART D—INCREASING PARENTAL INVOLVEMENT
AND PROTECTING STUDENT PRIVACY
‘‘SEC. 6401. INTENT.
‘‘It is the purpose of this part to provide parents with
notice of and opportunity to make informed decisions re-
garding the collection of information for commercial pur-
poses occurring in their children’s classrooms.
‘‘SEC. 6402. COMMERCIALIZATION POLICIES AND PRIVACY
FOR STUDENTS.
‘‘(a) PROHIBITION.—Except as provided in subsection
(b), no State educational agency or local educational agency
that is a recipient of funds under this Act may—
‘‘(1) disclose data or information the agency
gathered from a student to a person or entity that
seeks disclosure of the data or information for the
purpose of benefiting the person or entity’s commer-
cial interests; or
1021
HR 1 EAS
‘‘(2) permit a person or entity to gather from a
student, or assist a person or entity in gathering from
a student, data or information, if the purpose of gath-
ering the data or information is to benefit the com-
mercial interests of the person or entity.
‘‘(b) PARENTAL CONSENT.—
‘‘(1) DISCLOSURE.—A State educational agency
or local educational agency that is a recipient of
funds under this Act may disclose data or informa-
tion under subsection (a)(1) if the agency, prior to the
disclosure—
‘‘(A) explains to the student’s parent, in
writing, what data or information will be dis-
closed, to which person or entity the data or in-
formation will be disclosed, the amount of class
time, if any, that will be consumed by the disclo-
sure, and how the person or entity will use the
data or information; and
‘‘(B) obtains the parent’s written permis-
sion for the disclosure.
‘‘(2) GATHERING.—A State educational agency
or local educational agency that is a recipient of
funds under this Act may permit or assist a person
or entity with the gathering of data or information
1022
HR 1 EAS
under subsection (a)(2) if the agency, prior to the
gathering—
‘‘(A) explains to the student’s parent, in
writing, what data or information will be gath-
ered including whether any of the information is
personally identifiable, which person or entity
will gather the data or information, the amount
of class time if any, that will be consumed by the
gathering, and how the person or entity will use
the data or information; and
‘‘(B) obtains the parent’s written permis-
sion for the gathering.
‘‘(c) DEFINITIONS.—In this part:
‘‘(1) STUDENT.—The term ‘student’ means a stu-
dent under the age of 18.
‘‘(2) COMMERCIAL INTEREST.—The term ‘com-
mercial interest’ does not include the interest of a per-
son or entity in developing, evaluating, or providing
educational products or services for or to students or
educational institutions, such as—
‘‘(A) college and other post-secondary edu-
cation recruiting;
‘‘(B) book clubs and other programs pro-
viding access to low cost books or other related
literary products;
1023
HR 1 EAS
‘‘(C) curriculum and instructional mate-
rials used by elementary and secondary schools
to teach if—
‘‘(i) the information is not used to sell
or advertise another product;
‘‘(ii) the information is not used to de-
velop another product that is not covered by
the exemption from commercial interest in
this paragraph; and
‘‘(iii) the curriculum and instructional
materials are used in accordance with ap-
plicable Federal, State, and local policies, if
any; and
‘‘(D) the development and administration of
tests and assessments used by elementary and
secondary schools to provide cognitive, evalua-
tive, diagnostic, clinical, aptitude, or achieve-
ment information about students (or to generate
other statistically useful data for the purpose of
securing such tests and assessments) and the sub-
sequent analysis and public release of aggregate
data if—
‘‘(i) the information is not used to sell
or advertise another product;
1024
HR 1 EAS
‘‘(ii) the information is not used to de-
velop another product that is not covered by
the exemption from commercial interest in
this paragraph; and
‘‘(iii) the tests are conducted in accord-
ance with applicable Federal, State, and
local policies, if any.
‘‘(d) LOCALLY DEVELOPED EXCEPTIONS.—A local
educational agency, in consultation with parents, may de-
velop appropriate exceptions to the consent requirements
contained in this part if—
‘‘(1) the information to be collected is not person-
ally identifiable;
‘‘(2) the local educational agency provides writ-
ten notice to all parents of its policy regarding data
or information collection activities for commercial
purposes; and
‘‘(3) with respect to any particular data or in-
formation gathering or disclosure, the agency provides
written notice to all parents of—
‘‘(A) the data or information to be collected;
‘‘(B) the person or entity to whom the data
or information will be disclosed;
‘‘(C) the amount of class time, if any, that
will be consumed by the collection activities; and
1025
HR 1 EAS
‘‘(D) the manner in which the person or en-
tity will use the data or information.
‘‘(e) FUNDING.—A State educational agency or local
educational agency may use funds provided under subpart
4 of part B of title V to enhance parental involvement in
areas affecting children’s in-school privacy.
‘‘(f) TECHNICAL ASSISTANCE.—Upon the request of a
State educational agency or local educational agency, the
Secretary shall provide technical assistance to such an
agency concerning compliance with this part.
‘‘(g) ENFORCEMENT.—The Secretary shall take appro-
priate actions to enforce, and address violations of, this sec-
tion, in accordance with this chapter.
‘‘(h) OFFICE, FUNCTIONS.—The Secretary shall des-
ignate an office to enforce this section and to provide tech-
nical assistance.
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to supersede the Family Educational
Rights and Privacy Act (20 U.S.C. 1232g).’’.
SEC. 602. GUIDELINES FOR STUDENT PRIVACY.
(a) DEVELOPMENT
OF STUDENT PRIVACY GUIDE-
LINES.—A State or local educational agency that receives
funds under this Act shall develop and adopt guidelines re-
garding arrangements to protect student privacy that are
1026
HR 1 EAS
entered into by the agency with public and private entities
that are not schools.
(b) NOTIFICATION OF PARENTS OF PRIVACY GUIDE-
LINES.—The guidelines developed by an educational agency
under subsection (a) shall provide for a reasonable notice
of the adoption of such guidelines to be given, by the agency
or a school under the agency’s supervision, to the parents
and guardians of students under the jurisdiction of such
agency or school. Such notice shall be provided at least an-
nually and within a reasonable period of time after any
change in such guidelines.
(c) EXCEPTIONS.—This section shall not apply to the
development, evaluation, or provision of educational prod-
ucts or services for or to students or educational institu-
tions, such as the following:
(1) College or other post-secondary education re-
cruitment or military recruitment.
(2) Book clubs, magazines, and programs pro-
viding access to other literary products.
(3) Curriculum and instructional materials used
by elementary and secondary schools to teach.
(4) The development and administration of tests
and assessments used by elementary and secondary
schools to provide cognitive, evaluative, diagnostic,
clinical, aptitude, or achievement information about
1027
HR 1 EAS
students (or to generate other statistically useful data
for the purpose of securing such tests and assessments)
and the subsequent analysis and public release of ag-
gregate data.
(5) The sale by students of products or services
to raise funds for school- or education-related activi-
ties.
(6) Student recognition programs.
(d) INFORMATION ACTIVITIES BY THE SECRETARY.—
Once each year, the Secretary shall inform each State edu-
cational agency and each local educational agency of the
educational agency’s obligations under section 438 of the
General Education Provisions Act (added by the Family
Educational Rights and Privacy Act of 1974; 20 U.S.C.
1232g) and the Children’s Online Privacy Protection Act
of 1998 (15 U.S.C. 6501 et seq.).
(e) FUNDING.—A State educational agency or local
educational agency may use funds provided under subpart
4 of part B of title V of the Elementary and Secondary
Education Act of 1965 to enhance parental involvement in
areas affecting children’s in-school privacy.
(f) DEFINITIONS.—In this section, the terms ‘‘elemen-
tary school’’, ‘‘local educational agency’’, ‘‘secondary
school’’, ‘‘Secretary’’, and ‘‘State educational agency’’ have
1028
HR 1 EAS
the meanings given those terms in section 3 of the Elemen-
tary and Secondary Education Act of 1965.
TITLE VII—INDIAN, NATIVE HA-
WAIIAN, AND ALASKA NATIVE
EDUCATION
SEC. 701. PROGRAMS.
Title VII (20 U.S.C. 7401 et seq.) is amended to read
as follows:
‘‘TITLE VII—INDIAN, NATIVE HA-
WAIIAN, AND ALASKA NATIVE
EDUCATION
‘‘PART A—INDIAN EDUCATION
‘‘SEC. 7101. FINDINGS.
‘‘Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults—
‘‘(A) are based on high-quality, internation-
ally competitive content standards and student
performance standards, and build on Indian cul-
ture and the Indian community;
‘‘(B) assist local educational agencies, In-
dian tribes, and other entities and individuals in
providing Indian students the opportunity to
1029
HR 1 EAS
achieve the standards described in subparagraph
(A); and
‘‘(C) meet the unique educational and cul-
turally related academic needs of American In-
dian and Alaska Native students;
‘‘(2) since the date of enactment of the Indian
Education Act in 1972, the level of involvement of In-
dian parents in the planning, development, and im-
plementation of educational programs that affect such
parents and their children has increased significantly,
and schools should continue to foster such involve-
ment;
‘‘(3) although the number of Indian teachers, ad-
ministrators, and university professors has increased
since 1972, teacher training programs are not recruit-
ing, training, or retraining a sufficient number of In-
dian individuals as educators to meet the needs of a
growing Indian student population in elementary,
secondary, vocational, adult, and higher education;
‘‘(4) the dropout rate for Indian students is un-
acceptably high: 9 percent of Indian students who
were eighth graders in 1988 had already dropped out
of school by 1990;
‘‘(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below
1030
HR 1 EAS
the poverty level increased from 24 percent to 31 per-
cent, and the readiness of Indian children to learn is
hampered by the high incidence of poverty, unemploy-
ment, and health problems among Indian children
and their families; and
‘‘(6) research related specifically to the education
of Indian children and adults is very limited, and
much of the research is of poor quality or is focused
on limited local or regional issues.
‘‘SEC. 7102. PURPOSE.
‘‘(a) PURPOSE.—The purpose of this part is to support
the efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the unique educational and culturally related aca-
demic needs of American Indian and Alaska Native stu-
dents, so that such students can meet the same challenging
State performance standards as are expected for all stu-
dents.
‘‘(b) PROGRAMS.—This part carries out the purpose
described in subsection (a) by authorizing programs of di-
rect assistance for—
‘‘(1) meeting the unique educational and cul-
turally related academic needs of American Indians
and Alaska Natives;
‘‘(2) the education of Indian children and adults;
1031
HR 1 EAS
‘‘(3) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
‘‘(4) research, evaluation, data collection, and
technical assistance.
‘‘Subpart 1—Formula Grants to Local Educational
Agencies
‘‘SEC. 7111. PURPOSE.
‘‘The purpose of this subpart is to support local edu-
cational agencies in their efforts to reform elementary school
and secondary school programs that serve Indian students
in order to ensure that such programs—
‘‘(1) are based on challenging State content
standards and State student performance standards
that are used for all students; and
‘‘(2) are designed to assist Indian students to
meet those standards.
‘‘SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) IN GENERAL.—The Secretary may make grants
to local educational agencies and Indian tribes in accord-
ance with this section.
‘‘(b) LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local
educational agency shall be eligible for a grant under
this subpart for any fiscal year if the number of In-
1032
HR 1 EAS
dian children who are eligible under section 7117,
and who were enrolled in the schools of the agency,
and to whom the agency provided free public edu-
cation, during the preceding fiscal year—
‘‘(A) was at least 10; or
‘‘(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or
Oklahoma, or with respect to any local educational
agency located on, or in proximity to, a reservation.
‘‘(c) INDIAN TRIBES.—
‘‘(1) IN GENERAL.—If a local educational agency
that is otherwise eligible for a grant under this sub-
part does not establish a parent committee under sec-
tion 7114(c)(4), an Indian tribe that represents not
less than 1⁄2 of the eligible Indian children who are
served by such local educational agency may apply
for such grant by submitting an application in ac-
cordance with section 7114.
‘‘(2) SPECIAL RULE.—The Secretary shall treat
each Indian tribe applying for a grant pursuant to
paragraph (1) as if such Indian tribe were a local
educational agency for purposes of this subpart, ex-
1033
HR 1 EAS
cept that any such tribe shall not be subject to section
7114(c)(4) (relating to a parent committee), section
7118(c) (relating to maintenance of effort), or section
7119 (relating to State review of applications).
‘‘SEC. 7113. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANT AWARDS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (c) and (d), for purposes of making grants
under this subpart the Secretary shall allocate to each
local educational agency that has an approved appli-
cation under this subpart an amount equal to the
product of—
‘‘(A) the number of Indian children who are
eligible under section 7117 and served by such
agency; and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure
of the State in which such agency is located;
or
‘‘(ii) 80 percent of the average per-
pupil expenditure of all the States.
‘‘(2) REDUCTION.—The Secretary shall reduce
the amount of each allocation determined under para-
graph (1) or subsection (b) in accordance with sub-
section (c).
1034
HR 1 EAS
‘‘(b) SCHOOLS OPERATED OR SUPPORTED BY THE BU-
REAU OF INDIAN AFFAIRS.—
‘‘(1) IN GENERAL.—In addition to the grants
awarded under subsection (a), and subject to para-
graph (2), for purposes of making grants under this
subpart the Secretary shall allocate to the Secretary
of the Interior an amount equal to the product of—
‘‘(A) the total number of Indian children
enrolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organiza-
tion controlled or sanctioned by an Indian
tribal government, for the children of such
tribe under a contract with, or grant from,
the Department of the Interior under the
Indian Self-Determination Act or the Trib-
ally Controlled Schools Act of 1988; and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure
of the State in which the school is located;
or
‘‘(ii) 80 percent of the average per-
pupil expenditure of all the States.
‘‘(2) SPECIAL RULE.—Any school described in
paragraph (1) may apply for an allocation under
1035
HR 1 EAS
this subpart by submitting an application in accord-
ance with section 7114. The Secretary shall treat the
school as if the school were a local educational agency
for purposes of this subpart, except that any such
school shall not be subject to section 7114(c)(4),
7118(c), or 7119.
‘‘(c) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 7162(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a) and for the Secretary
of the Interior under subsection (b), each of those amounts
shall be ratably reduced.
‘‘(d) MINIMUM GRANT.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(c), a local educational agency (including an Indian
tribe as authorized under section 7112(b)) that is eli-
gible for a grant under section 7112, and a school
that is operated or supported by the Bureau of Indian
Affairs that is eligible for a grant under subsection
(b), that submits an application that is approved by
the Secretary, shall, subject to appropriations, receive
a grant under this subpart in an amount that is not
less than $3,000.
1036
HR 1 EAS
‘‘(2) CONSORTIA.—Local educational agencies
may form a consortium for the purpose of obtaining
grants under this subpart.
‘‘(3) INCREASE.—The Secretary may increase
the minimum grant under paragraph (1) to not more
than $4,000 for all grant recipients if the Secretary
determines such increase is necessary to ensure qual-
ity programs.
‘‘(e) DEFINITION.—In this section, the term ‘average
per-pupil expenditure’, for a State, means an amount equal
to—
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the State,
plus any direct current expenditures by the State for
the operation of such agencies, without regard to the
sources of funds from which such local or State ex-
penditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
‘‘(2) the aggregate number of children who were
included in average daily attendance and for whom
such agencies provided free public education during
such preceding fiscal year.
1037
HR 1 EAS
‘‘SEC. 7114. APPLICATIONS.
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this
subpart shall submit an application to the Secretary at
such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each
application submitted under subsection (a) shall include a
description of a comprehensive program for meeting the
needs of Indian children served by the local educational
agency, including the language and cultural needs of the
children, that—
‘‘(1) describes how the comprehensive program
will offer programs and activities to meet the cul-
turally related academic needs of American Indian
and Alaska Native students;
‘‘(2)(A) is consistent with the State and local
plans submitted under other provisions of this Act;
and
‘‘(B) includes academic content and student per-
formance goals for such children, and benchmarks for
attaining such goals, that are based on the chal-
lenging State standards adopted under title I for all
children;
1038
HR 1 EAS
‘‘(3) explains how Federal, State, and local pro-
grams, especially programs carried out under title I,
will meet the needs of such students;
‘‘(4) demonstrates how funds made available
under this subpart will be used for activities described
in section 7115;
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to ensure
that—
‘‘(A) teachers and other school professionals
who are new to the Indian community are pre-
pared to work with Indian children; and
‘‘(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
‘‘(6) 
describes 
how 
the 
local 
educational
agency—
‘‘(A) will periodically assess the progress of
all Indian children enrolled in the schools of the
local educational agency, including Indian chil-
dren who do not participate in programs as-
sisted under this subpart, in meeting the goals
described in paragraph (2);
1040
HR 1 EAS
educational agency under this subpart are effec-
tive in improving the educational achievement of
Indian students served by such agency;
‘‘(3) the program for which assistance is
sought—
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs of
the American Indian and Alaska Native students
for whom the local educational agency is pro-
viding an education;
‘‘(B) will use the best available talents and
resources, including individuals from the Indian
community; and
‘‘(C) was developed by such agency in open
consultation with parents of Indian children and
teachers, and, if appropriate, Indian students
from secondary schools, including through public
hearings held by such agency to provide to the
individuals described in this subparagraph a full
opportunity to understand the program and to
offer recommendations regarding the program;
and
1041
HR 1 EAS
‘‘(4) the local educational agency developed the
program with the participation and written approval
of a committee—
‘‘(A) that is composed of, and selected by—
‘‘(i) parents of Indian children in the
local educational agency’s schools and
teachers in the schools; and
‘‘(ii) if appropriate, Indian students
attending secondary schools of the agency;
‘‘(B) a majority of whose members are par-
ents of Indian children;
‘‘(C) that has set forth such policies and
procedures, including policies and procedures re-
lating to the hiring of personnel, as will ensure
that the program for which assistance is sought
will be operated and evaluated in consultation
with, and with the involvement of, parents of the
children, and representatives of the area, to be
served;
‘‘(D) with respect to an application describ-
ing a schoolwide program carried out in accord-
ance with section 7115(c), that has—
‘‘(i) reviewed in a timely fashion the
program; and
1042
HR 1 EAS
‘‘(ii) determined that the program will
enhance the availability of culturally re-
lated activities for American Indian and
Alaska Native students; and
‘‘(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee and
abides by such bylaws.
‘‘SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL
REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this subpart
shall use the grant funds, in a manner consistent with the
purpose specified in section 7111, for services and activities
that—
‘‘(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 7114;
‘‘(2) are designed with special regard for the lan-
guage and cultural needs of the Indian students; and
‘‘(3) supplement and enrich the regular school
program of such agency.
‘‘(b) PARTICULAR SERVICES AND ACTIVITIES.—The
services and activities referred to in subsection (a) may
include—
1043
HR 1 EAS
‘‘(1) culturally related activities that support the
program described in the application submitted by
the local educational agency;
‘‘(2) early childhood and family programs that
emphasize school readiness;
‘‘(3) enrichment programs that focus on problem-
solving and cognitive skills development and directly
support the attainment of challenging State content
standards and State student performance standards;
‘‘(4) integrated educational services in combina-
tion with other programs that meet the needs of In-
dian children and their families;
‘‘(5) career preparation activities to enable In-
dian students to participate in programs such as the
programs supported by Public Law 103–239 and
Public Law 88–210, including programs for tech-
prep, mentoring, and apprenticeship activities;
‘‘(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
‘‘(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to meet the
purpose described in section 7111;
‘‘(8) activities that promote the incorporation of
culturally responsive teaching and learning strategies
1044
HR 1 EAS
into the educational program of the local educational
agency;
‘‘(9) activities that incorporate American Indian
and Alaska Native specific curriculum content, con-
sistent with State standards, into the curriculum used
by the local educational agency;
‘‘(10) activities to promote coordination and col-
laboration between tribal, Federal, and State public
schools in areas that will improve American Indian
and Alaska Native student achievement; and
‘‘(11) family literacy services.
‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any
other provision of law, a local educational agency may use
funds made available to such agency under this subpart to
support a schoolwide program under section 1114 if—
‘‘(1) the committee composed of parents estab-
lished pursuant to section 7114(c)(4) approves the use
of the funds for the schoolwide program; and
‘‘(2) the schoolwide program is consistent with
the purpose described in section 7111.
‘‘(d) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds made available to a local educational agen-
cy through a grant made under this subpart for a fiscal
year may be used to pay for administrative costs.
1045
HR 1 EAS
‘‘SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.
‘‘(a) PLAN.—An entity receiving funds under this sub-
part may submit a plan to the Secretary for a demonstra-
tion project for the integration of education and related
services provided to Indian students.
‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan under subsection (a), the Sec-
retary, in cooperation with each Federal agency providing
grants for the provision of education and related services
to the applicant, shall authorize the applicant to consoli-
date, in accordance with such plan, the federally funded
education and related services programs of the applicant
and the agencies, or portions of the programs, serving In-
dian students in a manner that integrates the program
services involved into a single, coordinated, comprehensive
program and reduces administrative costs by consolidating
administrative functions.
‘‘(c) PROGRAMS AFFECTED.—The funds that may be
consolidated in a demonstration project under any such
plan referred to in subsection (b) shall include funds for
any Federal program exclusively serving Indian children,
or the funds reserved exclusively to serve Indian children
under any program, for which the applicant is eligible for
receipt of funds under a statutory or administrative for-
mula for the purposes of providing education and related
services for Indian students.
1046
HR 1 EAS
‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept-
able pursuant to subsection (b), the plan shall—
‘‘(1) identify the programs or funding sources to
be consolidated;
‘‘(2) be consistent with the objectives of this sec-
tion authorizing the program services to be integrated
in a demonstration project;
‘‘(3) describe a comprehensive strategy that iden-
tifies the full range of potential educational opportu-
nities and related services to be provided to assist In-
dian students to achieve the objectives set forth in this
subpart;
‘‘(4) describe the way in which the services are
to be integrated and delivered and the results expected
from the plan;
‘‘(5) identify the projected expenditures under
the plan in a single budget;
‘‘(6) identify the State, tribal, or local agencies
to be involved in the delivery of the services integrated
under the plan;
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the applicant be-
lieves need to be waived in order to implement the
plan;
1047
HR 1 EAS
‘‘(8) set forth measures of student achievement
and performance goals designed to be met within a
specified period of time for activities provided under
the plan; and
‘‘(9) be approved by a parent committee formed
in accordance with section 7114(c)(4), if such a com-
mittee exists, in consultation with the Committee on
Resources of the House of Representatives and the
Committee on Indian Affairs of the Senate.
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from
an eligible entity, the Secretary shall consult with the head
of each Federal agency providing funds to be used to imple-
ment the plan, and with the entity submitting the plan.
The parties so consulting shall identify any waivers of stat-
utory requirements or of Federal regulations, policies, or
procedures necessary to enable the applicant to implement
the plan. Notwithstanding any other provision of law, the
Secretary of the affected agency shall have the authority to
waive, for the applicant, any regulation, policy, or proce-
dure promulgated by that agency that has been so identified
by the applicant or agency, unless the head of the affected
agency determines that such a waiver is inconsistent with
the objectives of this subpart or the provisions of the statute
from which the program involved derives authority that are
specifically applicable to Indian students.
1048
HR 1 EAS
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an applicant’s plan by the Secretary under sub-
section (a), the Secretary shall inform the applicant, in
writing, of the Secretary’s approval or disapproval of the
plan. If the plan is disapproved, the applicant shall be in-
formed, in writing, of the reasons for the disapproval and
shall be given an opportunity to amend the plan or to peti-
tion the Secretary to reconsider such disapproval.
‘‘(g) RESPONSIBILITIES
OF DEPARTMENT
OF EDU-
CATION.—Not later than 180 days after the date of enact-
ment of the Better Education for Students and Teachers
Act, the Secretary of Education, the Secretary of the Inte-
rior, and the head of any other Federal agency identified
by the Secretary of Education, shall enter into an inter-
agency memorandum of agreement providing for the imple-
mentation of the demonstration projects authorized under
this section. The lead agency for a demonstration project
authorized under this section shall be—
‘‘(1) the Department of the Interior, in the case
of an applicant that is a contract or grant school, as
defined in section 1146 of the Education Amendments
of 1978; or
‘‘(2) the Department of Education, in the case of
any other applicant.
1049
HR 1 EAS
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency for a demonstration project
shall include—
‘‘(1) the use of a single report format related to
the plan for the individual project, which shall be
used by an eligible entity to report on the activities
undertaken under the project;
‘‘(2) the use of a single report format related to
the projected expenditures for the individual project,
which shall be used by an eligible entity to report on
all project expenditures;
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and
‘‘(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept or
reject the plan for providing such technical assistance
and the technical assistance provider.
‘‘(i) REPORT REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall develop,
consistent with the requirements of this section, a sin-
gle report format for the reports described in sub-
section (h).
1050
HR 1 EAS
‘‘(2) REPORT
INFORMATION.—Such report for-
mat shall require that the reports shall—
‘‘(A) contain such information as will allow
a determination that the eligible entity has com-
plied with the requirements incorporated in the
entity’s approved plan, including the demonstra-
tion of student achievement; and
‘‘(B) provide assurances to the Secretary of
Education and the Secretary of the Interior that
the eligible entity has complied with all directly
applicable statutory requirements and with those
directly applicable regulatory requirements that
have not been waived.
‘‘(3) RECORD
INFORMATION.—The Secretary
shall require that records maintained at the local level
on the programs consolidated for the project shall con-
tain the information and provide the assurances de-
scribed in paragraph (2).
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall
the amount of Federal funds available to an eligible entity
involved in any demonstration project be reduced as a re-
sult of the enactment of this section.
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—
The Secretary is authorized to take such action as may be
necessary to provide for an interagency transfer of funds
1051
HR 1 EAS
otherwise available to an eligible entity in order to further
the objectives of this section.
‘‘(l) ADMINISTRATION OF FUNDS.—
‘‘(1) IN GENERAL.—An eligible entity shall ad-
minister the program funds for the consolidated pro-
grams in such a manner as to allow for a determina-
tion that funds from a specific program are spent on
allowable activities authorized under such program,
except that the eligible entity shall determine the pro-
portion of the funds that shall be allocated to such
program.
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.—
Nothing in this section shall be construed as requiring
the eligible entity to maintain separate records trac-
ing any services or activities conducted under the ap-
proved plan to the individual programs under which
funds were authorized for the services or activities,
nor shall the eligible entity be required to allocate ex-
penditures among such individual programs.
‘‘(m) OVERAGE.—The eligible entity may commingle
all administrative funds from the consolidated programs
and shall be entitled to the full amount of such funds (under
each program’s or agency’s regulations). The overage (de-
fined as the difference between the amount of the commin-
gled funds and the actual administrative cost of the pro-
1052
HR 1 EAS
grams) shall be considered to be properly spent for Federal
audit purposes, if the overage is used for the purposes pro-
vided for under this section.
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part
shall be construed so as to interfere with the ability of the
Secretary or the lead agency to fulfill responsibilities for
safeguarding Federal funds pursuant to chapter 75 of title
31, United States Code.
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM
INTEGRATION.—
‘‘(1) PRELIMINARY REPORT.—Not later than 2
years after the date of enactment of the Better Edu-
cation for Students and Teachers Act, the Secretary
of Education shall submit a preliminary report to the
Committee on Education and the Workforce and the
Committee on Resources of the House of Representa-
tives and the Committee on Health, Education,
Labor, and Pensions and the Committee on Indian
Affairs of the Senate on the status of the implementa-
tion of the demonstration projects authorized under
this section.
‘‘(2) FINAL
REPORT.—Not later than 5 years
after the date of enactment of the Better Education
for Students and Teachers Act, the Secretary of Edu-
cation shall submit a report to the Committee on
1053
HR 1 EAS
Education and the Workforce and the Committee on
Resources of the House of Representatives and the
Committee on Health, Education, Labor, and Pen-
sions and the Committee on Indian Affairs of the
Senate on the results of the implementation of the
demonstration projects authorized under this section.
Such report shall identify statutory barriers to the
ability of participants to integrate more effectively
their education and related services to Indian stu-
dents in a manner consistent with the objectives of
this section.
‘‘(p) DEFINITION.—In this section, the term ‘Sec-
retary’ means—
‘‘(1) the Secretary of the Interior, in the case of
an applicant that is a contract or grant school, as de-
fined in section 1146 of the Education Amendments
of 1978; or
‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘SEC. 7117. STUDENT ELIGIBILITY FORMS.
‘‘(a) IN GENERAL.—The Secretary shall require that,
as part of an application for a grant under this subpart,
each applicant shall maintain a file, with respect to each
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that sets
1054
HR 1 EAS
forth information establishing the status of the child as an
Indian child eligible for assistance under this subpart, and
that otherwise meets the requirements of subsection (b).
‘‘(b) FORMS.—The form described in subsection (a)
shall include—
‘‘(1) either—
‘‘(A)(i) the name of the tribe or band of In-
dians (as defined in section 7161(3)) with re-
spect to which the child claims membership;
‘‘(ii) the enrollment number establishing the
membership of the child (if readily available);
and
‘‘(iii) the name and address of the organiza-
tion that maintains updated and accurate mem-
bership data for such tribe or band of Indians;
or
‘‘(B) if the child is not a member of the
tribe or band of Indians (as so defined), the
name, the enrollment number (if readily avail-
able), and the name and address of the organiza-
tion responsible for maintaining updated and
accurate membership rolls, of any parent or
grandparent of the child from whom the child
claims eligibility under this subpart;
1055
HR 1 EAS
‘‘(2) a statement of whether the tribe or band of
Indians (as so defined) with respect to which the
child, or parent or grandparent of the child, claims
membership is federally recognized;
‘‘(3) the name and address of the parent or legal
guardian of the child;
‘‘(4) a signature of the parent or legal guardian
of the child that verifies the accuracy of the informa-
tion supplied; and
‘‘(5) any other information that the Secretary
considers necessary to provide an accurate program
profile.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect a definition contained in
section 7161.
‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms
and the standards of proof (including the standard of good
faith compliance) that were in use during the 1985–86 aca-
demic year to establish the eligibility of a child for entitle-
ment under the Indian Elementary and Secondary School
Assistance Act shall be the forms and standards of proof
used—
‘‘(1) to establish eligibility under this subpart;
and
‘‘(2) to meet the requirements of subsection (a).
1056
HR 1 EAS
‘‘(e) DOCUMENTATION.—For purposes of determining
whether a child is eligible to be counted for the purpose of
computing the amount of a grant award under section
7113, the membership of the child, or any parent or grand-
parent of the child, in a tribe or band of Indians (as so
defined) may be established by proof other than an enroll-
ment number, notwithstanding the availability of an enroll-
ment number for a member of such tribe or band.
‘‘(f) MONITORING AND EVALUATION REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) REVIEW.—For each fiscal year, in
order to provide such information as is necessary
to carry out the responsibility of the Secretary to
provide technical assistance under this subpart,
the Secretary shall conduct a monitoring and
evaluation review of a sampling of the local edu-
cational agencies that are recipients of grants
under this subpart. The sampling conducted
under this paragraph shall take into account the
size of such a local educational agency and the
geographic location of such agency.
‘‘(B) 
EXCEPTION.—A 
local 
educational
agency may not be held liable to the United
States or be subject to any penalty by reason of
the findings of an audit that relates to the date
1057
HR 1 EAS
of completion, or the date of submission, of any
forms used to establish, before April 28, 1988, the
eligibility of a child for entitlement under the
Indian Elementary and Secondary School As-
sistance Act.
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an
application for a grant under this subpart shall—
‘‘(A) be ineligible to apply for any other
grant under this subpart; and
‘‘(B) be liable to the United States for any
funds from the grant that have not been ex-
pended.
‘‘(3) EXCLUDED CHILDREN.—A student who pro-
vides false information for the form required under
subsection (a) shall not be counted for the purpose of
computing the amount of a grant award under sec-
tion 7113.
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not-
withstanding any other provision of this section, the Sec-
retary, in computing the amount of a grant award under
section 7113 to a tribal school that receives a grant or con-
tract from the Bureau of Indian Affairs, shall use only 1
of the following, as selected by the school:
1058
HR 1 EAS
‘‘(1) A count, certified by the Bureau, of the
number of students in the school.
‘‘(2) A count of the number of students for whom
the school has eligibility forms that comply with this
section.
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of de-
termining the number of children to be counted in com-
puting the amount of a local educational agency’s grant
award under section 7113 (other than in the case described
in subsection (g)(1)), the local educational agency shall—
‘‘(1) establish a date on, or a period not longer
than 31 consecutive days during which, the agency
counts those children, if that date or period occurs be-
fore the deadline established by the Secretary for sub-
mitting an application under section 7114; and
‘‘(2) determine that each such child was enrolled,
and receiving a free public education, in a school of
the agency on that date or during that period, as the
case may be.
‘‘SEC. 7118. PAYMENTS.
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c),
the Secretary shall pay to each local educational agency
that submits an application that is approved by the Sec-
retary under this subpart the amount computed under sec-
tion 7113. The Secretary shall notify the local educational
1059
HR 1 EAS
agency of the amount of the payment not later than June
1 of the year for which the Secretary makes the payment.
‘‘(b) PAYMENTS
TAKEN
INTO
ACCOUNT
BY
THE
STATE.—The Secretary may not make a grant under this
subpart to a local educational agency for a fiscal year if,
for such fiscal year, the State in which the local educational
agency is located takes into consideration payments made
under this subpart in determining the eligibility of the local
educational agency for State aid, or the amount of the State
aid, with respect to the free public education of children
during such fiscal year or the preceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAIN-
TAIN FISCAL EFFORT.—
‘‘(1) IN GENERAL.—The Secretary may not pay
a local educational agency in a State the full amount
of a grant award computed under section 7113 for
any fiscal year unless the State educational agency
notifies the Secretary, and the Secretary determines,
that with respect to the provision of free public edu-
cation by the local educational agency for the pre-
ceding fiscal year, that the combined fiscal effort of
the local educational agency and the State, computed
on either a per student or aggregate expenditure basis
was not less than 90 percent of the amount of the
1060
HR 1 EAS
combined fiscal effort, computed on the same basis, for
the second preceding fiscal year.
‘‘(2) FAILURE.—If, for any fiscal year, the Sec-
retary determines that a local educational agency and
State failed to maintain the combined fiscal effort at
the level specified in paragraph (1), the Secretary
shall—
‘‘(A) reduce the amount of the grant that
would otherwise be made to such agency under
this subpart in the exact proportion of the fail-
ure to maintain the fiscal effort at such level;
and
‘‘(B) not use the reduced amount of the
combined fiscal effort for the year to determine
compliance with paragraph (1) for any suc-
ceeding fiscal year, but shall use the amount of
expenditures that would have been required to
comply with paragraph (1) during the fiscal
year for which the determination is made.
‘‘(3) WAIVER.—
‘‘(A) IN
GENERAL.—The Secretary may
waive the requirement of paragraph (1) for a
local educational agency, for not more than 1
year at a time, if the Secretary determines that
the failure to comply with such requirement is
1061
HR 1 EAS
due 
to 
exceptional 
or 
uncontrollable 
cir-
cumstances, such as a natural disaster or a pre-
cipitous and unforeseen decline in the agency’s
financial resources.
‘‘(B) FUTURE DETERMINATIONS.—The Sec-
retary shall not use the reduced amount of the
combined fiscal effort for the year for which the
waiver is granted to determine compliance with
paragraph (1) for any succeeding fiscal year, but
shall use the amount of expenditures that would
have been required to comply with paragraph (1)
in the absence of the waiver during the fiscal
year for which the waiver is granted.
‘‘(d) REALLOCATIONS.—The Secretary may reallocate,
in a manner that the Secretary determines will best carry
out the purpose of this subpart, any amounts that—
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary
determines will not be needed by such agencies to
carry out approved programs under this subpart; or
‘‘(2) otherwise become available for reallocation
under this subpart.
‘‘SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW.
‘‘Before submitting an application to the Secretary
under section 7114, a local educational agency shall submit
1062
HR 1 EAS
the application to the State educational agency, which may
comment on the application. If the State educational agen-
cy comments on the application, the agency shall comment
on each such application submitted by a local educational
agency in the State and shall provide the comment to the
appropriate local educational agency, with an opportunity
to respond.
‘‘Subpart 2—Special Programs and Projects To Im-
prove Educational Opportunities for Indian Chil-
dren
‘‘SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN.
‘‘(a) PURPOSE.—
‘‘(1) IN GENERAL.—The purpose of this section is
to support projects to develop, test, and demonstrate
the effectiveness of services and programs to improve
educational opportunities and achievement of Indian
children.
‘‘(2) COORDINATION.—The Secretary shall take
such actions as are necessary to achieve the coordina-
tion of activities assisted under this subpart with—
‘‘(A) other programs funded under this Act;
and
1063
HR 1 EAS
‘‘(B) other Federal programs operated for
the benefit of American Indian and Alaska Na-
tive children.
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term
‘eligible entity’ means a State educational agency, local
educational agency, Indian tribe, Indian organization, fed-
erally supported elementary school or secondary school for
Indian students, Indian institution (including an Indian
institution of higher education) or a consortium of such en-
tities.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants to eligible entities to enable such entities to
carry out activities that meet the purpose specified in
subsection (a)(1), including—
‘‘(A) innovative programs related to the
educational needs of educationally disadvantaged
children;
‘‘(B) educational services that are not avail-
able to such children in sufficient quantity or
quality, including remedial instruction, to raise
the achievement of Indian children in 1 or more
of the core academic subjects of English, mathe-
matics, science, foreign languages, art, history,
and geography;
1064
HR 1 EAS
‘‘(C) bilingual and bicultural programs and
projects;
‘‘(D) special health and nutrition services,
and other related activities, that address the spe-
cial health, social, and psychological problems of
Indian children;
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or
reenter school, and to increase the rate of sec-
ondary school graduation for Indian children;
‘‘(F) comprehensive guidance, counseling,
and testing services;
‘‘(G) early childhood and kindergarten pro-
grams, including family-based preschool pro-
grams that emphasize school readiness and pa-
rental skills, and the provision of services to In-
dian children with disabilities;
‘‘(H) partnership projects between local edu-
cational agencies and institutions of higher edu-
cation that allow secondary school students to
enroll in courses at the postsecondary level to aid
such students in the transition from secondary
school to postsecondary education;
1065
HR 1 EAS
‘‘(I) partnership projects between schools
and local businesses for school-to-work transition
programs designed to provide Indian youth with
the knowledge and skills the youth need to make
an effective transition from school to a first job
in a high-skill, high-wage career;
‘‘(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher education;
‘‘(K) family literacy services; or
‘‘(L) other services that meet the purpose de-
scribed in subsection (a)(1).
‘‘(2) PRE-SERVICE OR IN-SERVICE TRAINING.—
Pre-service or in-service training of professional and
paraprofessional personnel may be a part of any pro-
gram assisted under this section.
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—
‘‘(1) GRANT REQUIREMENTS.—
‘‘(A) IN
GENERAL.—The Secretary may
make multiyear grants under subsection (c) for
the planning, development, pilot operation, or
demonstration of any activity described in sub-
section (c). The Secretary shall make the grants
for periods of not more than 5 years.
1066
HR 1 EAS
‘‘(B) 
PRIORITY.—In 
making 
multiyear
grants described in this paragraph, the Secretary
shall give priority to entities submitting applica-
tions that present a plan for combining 2 or
more of the activities described in subsection (c)
over a period of more than 1 year.
‘‘(C) PROGRESS.—The Secretary shall make
a payment for a grant described in this para-
graph to an eligible entity after the initial year
of the multiyear grant period only if the Sec-
retary determines that the eligible entity has
made substantial progress in carrying out the
activities assisted under the grant in accordance
with the application submitted under paragraph
(3) and any subsequent modifications to such
application.
‘‘(2) DISSEMINATION GRANTS.—
‘‘(A) IN GENERAL.—In addition to award-
ing the multiyear grants described in paragraph
(1), the Secretary may award grants under sub-
section (c) to eligible entities for the dissemina-
tion of exemplary materials or programs assisted
under this section.
‘‘(B) DETERMINATION.—The Secretary may
award a dissemination grant described in this
1067
HR 1 EAS
paragraph if, prior to awarding the grant, the
Secretary determines that the material or pro-
gram to be disseminated—
‘‘(i) has been adequately reviewed;
‘‘(ii) has demonstrated educational
merit; and
‘‘(iii) can be replicated.
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—Any eligible entity that
desires to receive a grant under this section shall
submit an application to the Secretary at such
time and in such manner as the Secretary may
require.
‘‘(B) CONTENTS.—Each application sub-
mitted to the Secretary under subparagraph (A),
other than an application for a dissemination
grant under paragraph (2), shall contain—
‘‘(i) a description of how parents of In-
dian children and representatives of Indian
tribes have been, and will be, involved in
developing and implementing the activities
for which assistance is sought;
‘‘(ii) assurances that the applicant will
participate, at the request of the Secretary,
1068
HR 1 EAS
in any national evaluation of activities as-
sisted under this section;
‘‘(iii) information demonstrating that
the proposed program for the activities is a
scientifically based research program, which
may include a program that has been modi-
fied to be culturally appropriate for stu-
dents who will be served;
‘‘(iv) a description of how the appli-
cant will incorporate the proposed activities
into the ongoing school program involved
once the grant period is over; and
‘‘(v) such other assurances and infor-
mation as the Secretary may reasonably re-
quire.
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grant recipient under this
subpart for any fiscal year may be used to pay for adminis-
trative costs.
‘‘SEC. 7122. PROFESSIONAL DEVELOPMENT.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to increase the number of qualified Indian
individuals in teaching or other education professions
that serve Indian people;
1069
HR 1 EAS
‘‘(2) to provide training to qualified Indian in-
dividuals to enable such individuals to become teach-
ers, administrators, teacher aides, social workers, and
ancillary educational personnel; and
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in
paragraph (2).
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term
‘eligible entity’ means a consortium of—
‘‘(1) a State or local educational agency; and
‘‘(2) an institution of higher education (includ-
ing an Indian institution of higher education) or an
Indian tribe or organization.
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to eligible entities with applica-
tions approved under subsection (e) to enable such entities
to carry out the activities described in subsection (d).
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Grant funds made available
under subsection (c) shall be used for activities to pro-
vide support and training for Indian individuals in
a manner consistent with the purposes of this section.
Such activities may include continuing programs,
symposia, workshops, conferences, and direct finan-
cial support.
1070
HR 1 EAS
‘‘(2) SPECIAL RULES.—
‘‘(A) TYPE
OF
TRAINING.—For education
personnel, the training received pursuant to a
grant awarded under subsection (c) may be in-
service or pre-service training.
‘‘(B) PROGRAM.—For individuals who are
being trained to enter any field other than edu-
cation, the training received pursuant to a grant
awarded under subsection (c) shall be in a pro-
gram that results in a graduate degree.
‘‘(e) APPLICATION.—Each eligible entity desiring a
grant under subsection (c) shall submit an application to
the Secretary at such time, in such manner, and accom-
panied by such information, as the Secretary may reason-
ably require.
‘‘(f) SPECIAL RULE.—In awarding grants under sub-
section (c), the Secretary—
‘‘(1) shall consider the prior performance of an
eligible entity; and
‘‘(2) may not limit eligibility to receive a grant
under subsection (c) on the basis of—
‘‘(A) the number of previous grants the Sec-
retary has awarded such entity; or
‘‘(B) the length of any period during which
such entity received such grants.
1071
HR 1 EAS
‘‘(g) GRANT PERIOD.—Each grant awarded under sub-
section (c) shall be awarded for a program of activities of
not more than 5 years.
‘‘(h) SERVICE OBLIGATION.—
‘‘(1) IN GENERAL.—The Secretary shall require,
by regulation, that an individual who receives pre-
service training pursuant to a grant awarded under
subsection (c)—
‘‘(A) perform work—
‘‘(i) related to the training received
under this section; and
‘‘(ii) that benefits Indian people; or
‘‘(B) repay all or a prorated part of the as-
sistance received for the training.
‘‘(2) REPORTING.—The Secretary shall establish,
by regulation, a reporting procedure under which a
recipient of the pre-service training shall, not later
than 12 months after the date of completion of the
training, and periodically thereafter, provide infor-
mation concerning the compliance of such recipient
with the work requirement described in paragraph
(1).
‘‘(i) INSERVICE TRAINING FOR TEACHERS OF INDIAN
CHILDREN.—
1072
HR 1 EAS
‘‘(1) GRANTS AUTHORIZED.—In addition to the
grants authorized by subsection (c), the Secretary
may make grants to eligible consortia for the provi-
sion of high quality in-service training. The Secretary
may make such a grant to—
‘‘(A) a consortium of a tribal college and an
institution of higher education that awards a de-
gree in education; or
‘‘(B) a consortium of—
‘‘(i) a tribal college;
‘‘(ii) an institution of higher education
that awards a degree in education; and
‘‘(iii) 1 or more elementary schools or
secondary schools operated by the Bureau of
Indian Affairs, local educational agencies
serving Indian children, or tribal edu-
cational agencies.
‘‘(2) USE OF FUNDS.—
‘‘(A) IN-SERVICE TRAINING.—A consortium
that receives a grant under paragraph (1) shall
use the grant funds only to provide high quality
in-service training to teachers, including teachers
who are not Indians, in schools of local edu-
cational agencies with substantial numbers of
1073
HR 1 EAS
Indian children enrolled in their schools, in
order to better meet the needs of those children.
‘‘(B) COMPONENTS.—The training described
in subparagraph (A) shall include such activities
as preparing teachers to use the best available
scientifically based research practices and learn-
ing strategies, and to make the most effective use
of curricula and materials, to respond to the
unique needs of Indian children in their class-
rooms.
‘‘(3) PREFERENCE FOR INDIAN APPLICANTS.—In
applying section 7153 to this subsection, the Sec-
retary shall give a preference to any consortium that
includes 1 or more of the entities described in that
section.
‘‘SEC. 7123. FELLOWSHIPS FOR INDIAN STUDENTS.
‘‘(a) FELLOWSHIPS.—
‘‘(1) AUTHORITY.—The Secretary is authorized
to award fellowships to Indian students to enable such
students to study in graduate and professional pro-
grams at institutions of higher education.
‘‘(2) REQUIREMENTS.—The fellowships described
in paragraph (1) shall be awarded to Indian students
to enable such students to pursue a course of study—
1074
HR 1 EAS
‘‘(A) of not more than 4 academic years;
and
‘‘(B) that leads—
‘‘(i) toward a postbaccalaureate degree
in medicine, clinical psychology, psy-
chology, law, education, or a related field;
or
‘‘(ii) to an undergraduate or graduate
degree in engineering, business administra-
tion, natural resources, or a related field.
‘‘(b) STIPENDS.—The Secretary shall pay to Indian
students awarded fellowships under subsection (a) such sti-
pends (including allowances for subsistence of such students
and dependents of such students) as the Secretary deter-
mines to be consistent with prevailing practices under com-
parable federally supported programs.
‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUI-
TION.—The Secretary shall pay to the institution of higher
education at which such a fellowship recipient is pursuing
a course of study, in lieu of tuition charged to such recipi-
ent, such amounts as the Secretary may determine to be
necessary to cover the cost of education provided to such
recipient.
‘‘(d) SPECIAL RULES.—
1075
HR 1 EAS
‘‘(1) IN
GENERAL.—If a fellowship awarded
under subsection (a) is vacated prior to the end of the
period for which the fellowship is awarded, the Sec-
retary may award an additional fellowship for the
unexpired portion of the period of the first fellowship.
‘‘(2) WRITTEN NOTICE.—Not later than 45 days
before the commencement of an academic term, the
Secretary shall provide to each individual who is
awarded a fellowship under subsection (a) for such
academic term written notice of—
‘‘(A) the amount of the funding for the fel-
lowship; and
‘‘(B) any stipends or other payments that
will be made under this section to, or for the ben-
efit of, the individual for the academic term.
‘‘(3) PRIORITY.—Not more than 10 percent of the
fellowships awarded under subsection (a) shall be
awarded, on a priority basis, to persons receiving
training in guidance counseling with a specialty in
the area of alcohol and substance abuse counseling
and education.
‘‘(e) SERVICE OBLIGATION.—
‘‘(1) IN GENERAL.—The Secretary shall require,
by regulation, that an individual who receives finan-
cial assistance under this section—
1076
HR 1 EAS
‘‘(A) perform work—
‘‘(i) related to the training for which
the individual receives the assistance under
this section; and
‘‘(ii) that benefits Indian people; or
‘‘(B) repay all or a prorated portion of such
assistance.
‘‘(2) REPORTING.—The Secretary shall establish,
by regulation, a reporting procedure under which a
recipient of assistance under this section shall, not
later than 12 months after the date of completion of
the training, and periodically thereafter, provide in-
formation concerning the compliance of such recipient
with the work requirement described in paragraph
(1).
‘‘(f) ADMINISTRATION
OF FELLOWSHIPS.—The Sec-
retary may administer the fellowships authorized under
this section through a grant to, or contract or cooperative
agreement with, an Indian organization with demonstrated
qualifications to administer all facets of the program as-
sisted under this section.
‘‘SEC. 7124. GIFTED AND TALENTED INDIAN STUDENTS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to—
1077
HR 1 EAS
‘‘(1) establish 2 centers for gifted and talented
Indian students at tribally controlled community col-
leges in accordance with this section; and
‘‘(2) support demonstration projects described in
subsection (c).
‘‘(b) ELIGIBLE ENTITIES.—The Secretary shall make
grants, or enter into contracts, for the activities described
in subsection (a), to or with—
‘‘(1) 2 tribally controlled community colleges
that—
‘‘(A) are eligible for funding under the Trib-
ally Controlled College or University Assistance
Act of 1978; and
‘‘(B) are fully accredited; or
‘‘(2) if the Secretary does not receive applica-
tions that the Secretary determines to be approvable
from 2 colleges that meet the requirements of para-
graph (1), the American Indian Higher Education
Consortium.
‘‘(c) USE OF FUNDS.—
‘‘(1) 
IN
GENERAL.—Funds 
made 
available
through the grants made, or contracts entered into, by
the Secretary under subsection (b) shall be used for—
‘‘(A) the establishment of centers described
in subsection (a); and
1078
HR 1 EAS
‘‘(B) carrying out demonstration projects
designed to—
‘‘(i) address the special needs of Indian
students in elementary schools and sec-
ondary schools who are gifted and talented;
and
‘‘(ii) provide such support services to
the families of the students described in
clause (i) as are needed to enable such stu-
dents to benefit from the projects.
‘‘(2) SUBCONTRACTS.—Each recipient of a grant
or contract under subsection (b) to carry out a dem-
onstration project under subsection (a) may enter into
a contract with any other entity, including the Chil-
dren’s Television Workshop, to carry out the dem-
onstration project.
‘‘(3) DEMONSTRATION
PROJECTS.—Demonstra-
tion projects assisted under subsection (b) may
include—
‘‘(A) the identification of the special needs
of gifted and talented Indian students, particu-
larly at the elementary school level, giving atten-
tion to—
‘‘(i) identifying the emotional and psy-
chosocial needs of such students; and
1079
HR 1 EAS
‘‘(ii) providing such support services to
the families of such students as are needed
to enable such students to benefit from the
project;
‘‘(B) the conduct of educational, psycho-
social, and developmental activities that the Sec-
retary determines hold a reasonable promise of
resulting in substantial progress toward meeting
the educational needs of such gifted and talented
children, including—
‘‘(i) demonstrating and exploring the
use of Indian languages and exposure to In-
dian cultural traditions; and
‘‘(ii) carrying out mentoring and ap-
prenticeship programs;
‘‘(C) the provision of technical assistance
and the coordination of activities at schools that
receive grants under subsection (d) with respect
to the activities assisted under such grants, the
evaluation of programs assisted under such
grants, or the dissemination of such evaluations;
‘‘(D) the use of public television in meeting
the special educational needs of such gifted and
talented children;
1080
HR 1 EAS
‘‘(E) leadership programs designed to rep-
licate programs for such children throughout the
United States, including disseminating informa-
tion derived from the demonstration projects con-
ducted under subsection (a); and
‘‘(F) appropriate research, evaluation, and
related activities pertaining to the needs of such
children and to the provision of such support
services to the families of such children as are
needed to enable such children to benefit from the
project.
‘‘(4) APPLICATION.—Each entity desiring a
grant or contract under subsection (b) shall submit an
application to the Secretary at such time and in such
manner as the Secretary may prescribe.
‘‘(d) ADDITIONAL GRANTS.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of the Interior, shall award
5 grants to schools funded by the Bureau of Indian
Affairs (referred to individually in this section as a
‘Bureau school’) for program research and develop-
ment and the development and dissemination of cur-
riculum and teacher training material, regarding—
‘‘(A) gifted and talented students;
1081
HR 1 EAS
‘‘(B) college preparatory studies (including
programs for Indian students with an interest in
pursuing teaching careers);
‘‘(C) students with special culturally related
academic needs, including students with social,
lingual, and cultural needs; or
‘‘(D) mathematics and science education.
‘‘(2) APPLICATIONS.—Each Bureau school desir-
ing a grant to conduct 1 or more of the activities de-
scribed in paragraph (1) shall submit an application
to the Secretary at such time and in such manner as
the Secretary may prescribe.
‘‘(3) SPECIAL
RULE.—Each application de-
scribed in paragraph (2) shall be developed, and each
grant under this subsection shall be administered,
jointly by the supervisor of the Bureau school and the
local educational agency serving such school.
‘‘(4) 
REQUIREMENTS.—In 
awarding 
grants
under paragraph (1), the Secretary shall achieve a
mixture of the programs described in paragraph (1)
that ensures that Indian students at all grade levels
and in all geographic areas of the United States are
able to participate in a program assisted under this
subsection.
1082
HR 1 EAS
‘‘(5) GRANT PERIOD.—Subject to the availability
of appropriations, a grant awarded under paragraph
(1) shall be awarded for a 3-year period and may be
renewed by the Secretary for additional 3-year peri-
ods if the Secretary determines that the performance
of the grant recipient has been satisfactory.
‘‘(6) DISSEMINATION.—
‘‘(A) COOPERATIVE EFFORTS.—The dissemi-
nation of any materials developed from activities
assisted under paragraph (1) shall be carried out
in cooperation with entities that receive funds
pursuant to subsection (b).
‘‘(B) REPORT.—The Secretary shall prepare
and submit to the Secretary of the Interior and
to Congress a report concerning any results from
activities described in this subsection.
‘‘(7) EVALUATION COSTS.—
‘‘(A) DIVISION.—The costs of evaluating
any activities assisted under paragraph (1) shall
be divided between the Bureau schools conducting
such activities and the recipients of grants or
contracts under subsection (b) who conduct dem-
onstration projects under subsection (a).
‘‘(B) GRANTS AND CONTRACTS.—If no funds
are provided under subsection (b) for—
1083
HR 1 EAS
‘‘(i) the evaluation of activities assisted
under paragraph (1);
‘‘(ii) technical assistance and coordina-
tion with respect to such activities; or
‘‘(iii) the dissemination of the evalua-
tions referred to in clause (i),
the Secretary shall make such grants, or enter
into such contracts, as are necessary to provide
for the evaluations, technical assistance, and co-
ordination of such activities, and the dissemina-
tion of the evaluations.
‘‘(e) INFORMATION NETWORK.—The Secretary shall
encourage each recipient of a grant or contract under this
section to work cooperatively as part of a national network
to ensure that the information developed by the grant or
contract recipient is readily available to the entire edu-
cational community.
‘‘SEC. 7125. GRANTS TO TRIBES FOR EDUCATION ADMINIS-
TRATIVE PLANNING AND DEVELOPMENT.
‘‘(a) IN GENERAL.—The Secretary may make grants
to Indian tribes, and tribal organizations approved by In-
dian tribes, to plan and develop a centralized tribal admin-
istrative entity to—
1084
HR 1 EAS
‘‘(1) coordinate all education programs operated
by the tribe or within the territorial jurisdiction of
the tribe;
‘‘(2) develop education codes for schools within
the territorial jurisdiction of the tribe;
‘‘(3) provide support services and technical as-
sistance to schools serving children of the tribe; and
‘‘(4) perform child-find screening services for the
preschool-aged children of the tribe to—
‘‘(A) ensure placement in appropriate edu-
cational facilities; and
‘‘(B) coordinate the provision of any needed
special services for conditions such as disabilities
and English language skill deficiencies.
‘‘(b) PERIOD OF GRANT.—Each grant awarded under
this section may be awarded for a period of not more than
3 years. Such grant may be renewed upon the termination
of the initial period of the grant if the grant recipient dem-
onstrates to the satisfaction of the Secretary that renewing
the grant for an additional 3-year period is necessary to
carry out the objectives of the grant described in subsection
(c)(2)(A).
‘‘(c) APPLICATION FOR GRANT.—
‘‘(1) IN GENERAL.—Each Indian tribe and tribal
organization desiring a grant under this section shall
1085
HR 1 EAS
submit an application to the Secretary at such time,
in such manner, containing such information, and
consistent with such criteria, as the Secretary may
prescribe in regulations.
‘‘(2) CONTENTS.—Each application described in
paragraph (1) shall contain—
‘‘(A) a statement describing the activities to
be conducted, and the objectives to be achieved,
under the grant; and
‘‘(B) a description of the method to be used
for evaluating the effectiveness of the activities
for which assistance is sought and for deter-
mining whether such objectives are achieved.
‘‘(3) APPROVAL.—The Secretary may approve an
application submitted by a tribe or tribal organiza-
tion pursuant to this section only if the Secretary is
satisfied that such application, including any docu-
mentation submitted with the application—
‘‘(A) demonstrates that the applicant has
consulted with other education entities, if any,
within the territorial jurisdiction of the appli-
cant who will be affected by the activities to be
conducted under the grant;
‘‘(B) provides for consultation with such
other education entities in the operation and
1086
HR 1 EAS
evaluation of the activities conducted under the
grant; and
‘‘(C) demonstrates that there will be ade-
quate resources provided under this section or
from other sources to complete the activities for
which assistance is sought, except that the avail-
ability of such other resources shall not be a
basis for disapproval of such application.
‘‘(d) RESTRICTION.—A tribe may not receive funds
under this section if such tribe receives funds under section
1144 of the Education Amendments of 1978.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Education
to carry out this section $3,000,000 for each of fiscal years
2002 through 2008.
‘‘Subpart 3—Special Programs Relating to Adult
Education for Indians
‘‘SEC. 7131. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR ADULT INDIANS.
‘‘(a) IN GENERAL.—The Secretary shall make grants
to State and local educational agencies and to Indian
tribes, institutions, and organizations—
‘‘(1) to support planning, pilot, and demonstra-
tion projects that are designed to test and demonstrate
the effectiveness of programs for improving employ-
1087
HR 1 EAS
ment and educational opportunities for adult Indi-
ans;
‘‘(2) to assist in the establishment and operation
of programs that are designed to stimulate—
‘‘(A) the provision of basic literacy opportu-
nities for all nonliterate Indian adults; and
‘‘(B) the provision of opportunities to all
Indian adults to qualify for a secondary school
diploma, or its recognized equivalent, in the
shortest period of time feasible;
‘‘(3) to support a major research and develop-
ment program to develop more innovative and effec-
tive techniques for achieving literacy and secondary
school equivalency for Indians;
‘‘(4) to provide for basic surveys and evaluations
to define accurately the extent of the problems of illit-
eracy and lack of secondary school completion among
Indians; and
‘‘(5) to encourage the dissemination of informa-
tion and materials relating to, and the evaluation of,
the effectiveness of education programs that may offer
educational opportunities to Indian adults.
‘‘(b) EDUCATIONAL SERVICES.—The Secretary may
make grants to Indian tribes, institutions, and organiza-
tions to develop and establish educational services and pro-
1088
HR 1 EAS
grams specifically designed to improve educational oppor-
tunities for Indian adults.
‘‘(c) INFORMATION AND EVALUATION.—The Secretary
may make grants to, and enter into contracts with, public
agencies and institutions and Indian tribes, institutions,
and organizations, for—
‘‘(1) the dissemination of information concerning
educational programs, services, and resources avail-
able to Indian adults, including evaluations of the
programs, services, and resources; and
‘‘(2) the evaluation of federally assisted programs
in which Indian adults may participate to determine
the effectiveness of the programs in achieving the pur-
poses of the programs with respect to Indian adults.
‘‘(d) APPLICATIONS.—
‘‘(1) IN GENERAL.—Each entity desiring a grant
or contract under this section shall submit to the Sec-
retary an application at such time, in such manner,
containing such information, and consistent with
such criteria, as the Secretary may prescribe in regu-
lations.
‘‘(2) CONTENTS.—Each application described in
paragraph (1) shall contain—
1089
HR 1 EAS
‘‘(A) a statement describing the activities to
be conducted and the objectives to be achieved
under the grant or contract; and
‘‘(B) a description of the method to be used
for evaluating the effectiveness of the activities
for which assistance is sought and determining
whether the objectives of the grant or contract are
achieved.
‘‘(3) APPROVAL.—The Secretary shall not ap-
prove an application described in paragraph (1) un-
less the Secretary determines that such application,
including any documentation submitted with the ap-
plication, indicates that—
‘‘(A) there has been adequate participation,
by the individuals to be served and the appro-
priate tribal communities, in the planning and
development of the activities to be assisted; and
‘‘(B) the individuals and tribal commu-
nities referred to in subparagraph (A) will par-
ticipate in the operation and evaluation of the
activities to be assisted.
‘‘(4) 
PRIORITY.—In 
approving 
applications
under paragraph (1), the Secretary shall give priority
to applications from Indian educational agencies, or-
ganizations, and institutions.
1090
HR 1 EAS
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds made available to an entity through a
grant or contract made or entered into under this section
for a fiscal year may be used to pay for administrative
costs.
‘‘Subpart 4—National Research Activities
‘‘SEC. 7141. NATIONAL ACTIVITIES.
‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may
use funds made available under section 7162(b) for each
fiscal year to—
‘‘(1) conduct research related to effective ap-
proaches for the education of Indian children and
adults;
‘‘(2) evaluate federally assisted education pro-
grams from which Indian children and adults may
benefit;
‘‘(3) collect and analyze data on the educational
status and needs of Indians; and
‘‘(4) carry out other activities that are consistent
with the purpose of this part.
‘‘(b) ELIGIBILITY.—The Secretary may carry out any
of the activities described in subsection (a) directly or
through grants to, or contracts or cooperative agreements
with, Indian tribes, Indian organizations, State edu-
cational agencies, local educational agencies, institutions of
1091
HR 1 EAS
higher education, including Indian institutions of higher
education, and other public and private agencies and insti-
tutions.
‘‘(c) COORDINATION.—Research activities supported
under this section—
‘‘(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
assure that such activities are coordinated with and
enhance the research and development activities sup-
ported by the Office of Educational Research and Im-
provement; and
‘‘(2) may include collaborative research activities
that are jointly funded and carried out by the Office
of Indian Education and the Office of Educational
Research and Improvement.
‘‘(d) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds made available to an entity through a
grant, contract, or agreement made or entered into under
this subpart for a fiscal year may be used to pay for admin-
istrative costs.
1092
HR 1 EAS
‘‘Subpart 5—Federal Administration
‘‘SEC. 7151. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION.
‘‘(a) MEMBERSHIP.—There is established a National
Advisory Council on Indian Education (referred to in this
section as the ‘Council’), which shall—
‘‘(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees fur-
nished, from time to time, by Indian tribes and In-
dian organizations; and
‘‘(2) represent different geographic areas of the
United States.
‘‘(b) DUTIES.—The Council shall—
‘‘(1) advise the Secretary concerning the funding
and administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established
under this part—
‘‘(A) with respect to which the Secretary has
jurisdiction; and
‘‘(B)(i) that includes Indian children or
adults as participants; or
‘‘(ii) that may benefit Indian children or
adults;
1093
HR 1 EAS
‘‘(2) make recommendations to the Secretary for
filling the position of Director of Indian Education
whenever a vacancy occurs; and
‘‘(3) prepare and submit to Congress, not later
than June 30 of each year, a report on the activities
of the Council, including—
‘‘(A) any recommendations that the Council
considers to be appropriate for the improvement
of Federal education programs that include In-
dian children or adults as participants, or that
may benefit Indian children or adults; and
‘‘(B) recommendations concerning the fund-
ing of any program described in subparagraph
(A).
‘‘SEC. 7152. PEER REVIEW.
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under subpart
2, 3, or 4.
‘‘SEC. 7153. PREFERENCE FOR INDIAN APPLICANTS.
‘‘In making grants and entering into contracts or co-
operative agreements under subpart 2, 3, or 4, the Secretary
shall give a preference to Indian tribes, organizations, and
institutions of higher education under any program with
respect to which Indian tribes, organizations, and institu-
1094
HR 1 EAS
tions are eligible to apply for grants, contracts, or coopera-
tive agreements.
‘‘SEC. 7154. MINIMUM GRANT CRITERIA.
‘‘The Secretary may not approve an application for
a grant, contract, or cooperative agreement under subpart
2 or 3 unless the application is for a grant, contract, or
cooperative agreement that is—
‘‘(1) of sufficient size, scope, and quality to
achieve the purpose or objectives of such grant, con-
tract, or cooperative agreement; and
‘‘(2) based on relevant research findings.
‘‘Subpart 6—Definitions; Authorizations of
Appropriations
‘‘SEC. 7161. DEFINITIONS.
‘‘In this part:
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who—
‘‘(A) has attained age 16; or
‘‘(B) has attained an age that is greater
than the age of compulsory school attendance
under an applicable State law.
‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free
public education’ means education that is—
1095
HR 1 EAS
‘‘(A) provided at public expense, under pub-
lic supervision and direction, and without tui-
tion charge; and
‘‘(B) provided as elementary or secondary
education in the applicable State or to preschool
children.
‘‘(3) INDIAN.—The term ‘Indian’ means an indi-
vidual who is—
‘‘(A) a member of an Indian tribe or band,
as membership is defined by the tribe or band,
including—
‘‘(i) any tribe or band terminated since
1940; and
‘‘(ii) any tribe or band recognized by
the State in which the tribe or band resides;
‘‘(B) a descendant, in the first or second de-
gree, of an individual described in subparagraph
(A);
‘‘(C) an individual who is considered by the
Secretary of the Interior to be an Indian for any
purpose;
‘‘(D) an Eskimo, Aleut, or other Alaska Na-
tive (as defined in section 7306); or
‘‘(E) a member of an organized Indian
group that received a grant under the Indian
1096
HR 1 EAS
Education Act of 1988 as in effect the day pre-
ceding the date of enactment of the ‘Improving
America’s Schools Act of 1994’ (108 Stat. 3518).
‘‘SEC. 7162. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) SUBPART 1.—There are authorized to be appro-
priated to the Secretary of Education to carry out subpart
1 $93,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 6 succeeding fiscal years.
‘‘(b) SUBPARTS 2 THROUGH 4.—There are authorized
to be appropriated to the Secretary of Education to carry
out subparts 2, 3, and 4 $20,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 6 suc-
ceeding fiscal years.
‘‘PART B—NATIVE HAWAIIAN EDUCATION
‘‘SEC. 7201. SHORT TITLE.
‘‘This part may be cited as the ‘Native Hawaiian Edu-
cation Act’.
‘‘SEC. 7202. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Native Hawaiians are a distinct and
unique indigenous people with a historical continuity
to the original inhabitants of the Hawaiian archi-
pelago, whose society was organized as a nation and
internationally recognized as a nation by the United
States, Britain, France, and Japan, as evidenced by
1097
HR 1 EAS
treaties governing friendship, commerce, and naviga-
tion.
‘‘(2) At the time of the arrival of the first non-
indigenous people in Hawai‘i in 1778, the Native
Hawaiian people lived in a highly organized, self-suf-
ficient subsistence social system based on a communal
land tenure system with a sophisticated language,
culture, and religion.
‘‘(3) A unified monarchal government of the Ha-
waiian Islands was established in 1810 under Kame-
hameha I, the first King of Hawai‘i.
‘‘(4) From 1826 until 1893, the United States
recognized the sovereignty and independence of the
Kingdom of Hawai‘i, which was established in 1810
under Kamehameha I, extended full and complete
diplomatic recognition to the Kingdom of Hawai‘i,
and entered into treaties and conventions with the
Kingdom of Hawai‘i to govern friendship, commerce
and navigation in 1826, 1842, 1849, 1875, and 1887.
‘‘(5) In 1893, the sovereign, independent, inter-
nationally recognized, and indigenous government of
Hawai‘i, the Kingdom of Hawai‘i, was overthrown by
a small group of non-Hawaiians, including United
States citizens, who were assisted in their efforts by
the United States Minister, a United States naval
1098
HR 1 EAS
representative, and armed naval forces of the United
States. Because of the participation of United States
agents and citizens in the overthrow of the Kingdom
of Hawai‘i, in 1993 the United States apologized to
Native Hawaiians for the overthrow and the depriva-
tion of the rights of Native Hawaiians to self-deter-
mination through Public Law 103–150 (107 Stat.
1510).
‘‘(6) In 1898, the joint resolution entitled ‘Joint
Resolution to provide for annexing the Hawaiian Is-
lands to the United States’, approved July 7, 1898
(30 Stat. 750), ceded absolute title of all lands held
by the Republic of Hawai‘i, including the government
and crown lands of the former Kingdom of Hawai‘i,
to the United States, but mandated that revenue gen-
erated from the lands be used ‘solely for the benefit of
the inhabitants of the Hawaiian Islands for edu-
cational and other public purposes’.
‘‘(7) By 1919, the Native Hawaiian population
had declined from an estimated 1,000,000 in 1778 to
an alarming 22,600, and in recognition of this severe
decline, Congress enacted the Hawaiian Homes Com-
mission Act, 1920 (42 Stat. 108), which designated
approximately 200,000 acres of ceded public lands for
homesteading by Native Hawaiians.
1099
HR 1 EAS
‘‘(8) Through the enactment of the Hawaiian
Homes Commission Act, 1920, Congress affirmed the
special relationship between the United States and the
Native Hawaiians, which was described by then Sec-
retary of the Interior Franklin K. Lane, who said:
‘One thing that impressed me . . . was the fact that
the natives of the island who are our wards, I should
say, and for whom in a sense we are trustees, are fall-
ing off rapidly in numbers and many of them are in
poverty.’.
‘‘(9) In 1938, Congress again acknowledged the
unique status of the Hawaiian people by including in
the Act of June 20, 1938 (52 Stat. 781, chapter 530;
16 U.S.C. 391b, 391b–1, 392b, 392c, 396, 396a), a
provision to lease lands within the National Parks ex-
tension to Native Hawaiians and to permit fishing in
the area ‘only by native Hawaiian residents of said
area or of adjacent villages and by visitors under
their guidance.’.
‘‘(10) Under the Act entitled ‘An Act to provide
for the admission of the State of Hawai‘i into the
Union’, approved March 18, 1959 (73 Stat. 4), the
United States transferred responsibility for the ad-
ministration of the Hawaiian Home Lands to the
State of Hawai‘i but reaffirmed the trust relationship
1100
HR 1 EAS
between the United States and the Hawaiian people
by retaining the exclusive power to enforce the trust,
including the power to approve land exchanges and
amendments to such Act affecting the rights of bene-
ficiaries under such Act.
‘‘(11) In 1959, under the Act entitled ‘An Act to
provide for the admission of the State of Hawai‘i into
the Union’, the United States also ceded to the State
of Hawai‘i title to the public lands formerly held by
the United States, but mandated that such lands be
held by the State ‘in public trust’ and reaffirmed the
special relationship that existed between the United
States and the Hawaiian people by retaining the
legal responsibility to enforce the public trust respon-
sibility of the State of Hawai‘i for the betterment of
the conditions of Native Hawaiians, as defined in sec-
tion 201(a) of the Hawaiian Homes Commission Act,
1920.
‘‘(12) The United States has recognized and re-
affirmed that—
‘‘(A) Native Hawaiians have a cultural,
historic, and land-based link to the indigenous
people who exercised sovereignty over the Hawai-
ian Islands, and that group has never relin-
1101
HR 1 EAS
quished its claims to sovereignty or its sovereign
lands;
‘‘(B) Congress does not extend services to
Native Hawaiians because of their race, but be-
cause of their unique status as the indigenous
people of a once sovereign nation as to whom the
United States has established a trust relation-
ship;
‘‘(C) Congress has also delegated broad au-
thority to administer a portion of the Federal
trust responsibility to the State of Hawai‘i;
‘‘(D) the political status of Native Hawai-
ians is comparable to that of American Indians
and Alaska Natives; and
‘‘(E) the aboriginal, indigenous people of
the United States have—
‘‘(i) a continuing right to autonomy in
their internal affairs; and
‘‘(ii) an ongoing right of self-deter-
mination and self-governance that has never
been extinguished.
‘‘(13) The political relationship between the
United States and the Native Hawaiian people has
been recognized and reaffirmed by the United States,
1102
HR 1 EAS
as evidenced by the inclusion of Native Hawaiians
in—
‘‘(A) the Native American Programs Act of
1974 (42 U.S.C. 2991 et seq.);
‘‘(B) the American Indian Religious Free-
dom Act (42 U.S.C. 1996);
‘‘(C) the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.);
‘‘(D) the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et
seq.);
‘‘(E) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
‘‘(F) the Native American Languages Act
(25 U.S.C. 2901 et seq.);
‘‘(G) the American Indian, Alaska Native,
and Native Hawaiian Culture and Art Develop-
ment Act (20 U.S.C. 4401 et seq.);
‘‘(H) the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.); and
‘‘(I) the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.).
‘‘(14) In 1981, Congress instructed the Office of
Education to submit to Congress a comprehensive re-
port on Native Hawaiian education. The report, enti-
1103
HR 1 EAS
tled the ‘Native Hawaiian Educational Assessment
Project’, was released in 1983 and documented that
Native Hawaiians scored below parity with regard to
national norms on standardized achievement tests,
were disproportionately represented in many negative
social and physical statistics indicative of special
educational needs, and had educational needs that
were related to their unique cultural situation, such
as different learning styles and low self-image.
‘‘(15) In recognition of the educational needs of
Native Hawaiians, in 1988, Congress enacted title IV
of the Augustus F. Hawkins-Robert T. Stafford Ele-
mentary and Secondary School Improvement Amend-
ments of 1988 (102 Stat. 130) to authorize and de-
velop supplemental educational programs to address
the unique conditions of Native Hawaiians.
‘‘(16) In 1993, the Kamehameha Schools Bishop
Estate released a 10-year update of findings of the
Native Hawaiian Educational Assessment Project,
which found that despite the successes of the programs
established under title IV of the Augustus F. Haw-
kins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988, many of
the same educational needs still existed for Native
Hawaiians. Subsequent reports by the Kamehameha
1104
HR 1 EAS
Schools Bishop Estate and other organizations have
generally confirmed those findings. For example—
‘‘(A) educational risk factors continue to
start even before birth for many Native Hawai-
ian children, including—
‘‘(i) late or no prenatal care;
‘‘(ii) high rates of births by Native Ha-
waiian women who are unmarried; and
‘‘(iii) high rates of births to teenage
parents;
‘‘(B) Native Hawaiian students continue to
begin their school experience lagging behind other
students in terms of readiness factors such as vo-
cabulary test scores;
‘‘(C) Native Hawaiian students continue to
score below national norms on standardized edu-
cation achievement tests at all grade levels;
‘‘(D) both public and private schools con-
tinue to show a pattern of lower percentages of
Native Hawaiian students in the uppermost
achievement levels and in gifted and talented
programs;
‘‘(E) Native Hawaiian students continue to
be overrepresented among students qualifying for
special education programs provided to students
1105
HR 1 EAS
with learning disabilities, mild mental retarda-
tion, emotional impairment, and other such dis-
abilities;
‘‘(F) Native Hawaiians continue to be
underrepresented in institutions of higher edu-
cation and among adults who have completed 4
or more years of college;
‘‘(G) Native Hawaiians continue to be dis-
proportionately represented in many negative so-
cial and physical statistics indicative of special
educational needs, as demonstrated by the fact
that—
‘‘(i) Native Hawaiian students are
more likely to be retained in grade level and
to be excessively absent in secondary school;
‘‘(ii) Native Hawaiian students have
the highest rates of drug and alcohol use in
the State of Hawai‘i; and
‘‘(iii) Native Hawaiian children con-
tinue to be disproportionately victimized by
child abuse and neglect; and
‘‘(H) Native Hawaiians now comprise over
23 percent of the students served by the State of
Hawai‘i Department of Education, and there are
and will continue to be geographically rural, iso-
1106
HR 1 EAS
lated areas with a high Native Hawaiian popu-
lation density.
‘‘(17) In the 1998 National Assessment of Edu-
cational Progress, Hawaiian fourth-graders ranked
39th among groups of students from 39 States in
reading. Given that Hawaiian students rank among
the lowest groups of students nationally in reading,
and that Native Hawaiian students rank the lowest
among Hawaiian students in reading, it is impera-
tive that greater focus be placed on beginning reading
and early education and literacy in Hawai‘i.
‘‘(18) The findings described in paragraphs (16)
and (17) are inconsistent with the high rates of lit-
eracy and integration of traditional culture and
Western education historically achieved by Native
Hawaiians through a Hawaiian language-based pub-
lic school system established in 1840 by Kamehameha
III.
‘‘(19) Following the overthrow of the Kingdom of
Hawai‘i in 1893, Hawaiian medium schools were
banned. After annexation, throughout the territorial
and statehood period of Hawai‘i, and until 1986, use
of the Hawaiian language as an instructional me-
dium in education in public schools was declared un-
lawful. The declaration caused incalculable harm to a
1107
HR 1 EAS
culture that placed a very high value on the power of
language, as exemplified in the traditional saying: ‘I
ka ‘o¯lelo no¯ ke ola; I ka ‘o¯lelo no¯ ka make. In the lan-
guage rests life; In the language rests death.’.
‘‘(20) Despite the consequences of over 100 years
of nonindigenous influence, the Native Hawaiian peo-
ple are determined to preserve, develop, and transmit
to future generations their ancestral territory and
their cultural identity in accordance with their own
spiritual and traditional beliefs, customs, practices,
language, and social institutions.
‘‘(21) The State of Hawai‘i, in the constitution
and statutes of the State of Hawai‘i—
‘‘(A) reaffirms and protects the unique right
of the Native Hawaiian people to practice and
perpetuate their culture and religious customs,
beliefs, practices, and language;
‘‘(B) recognizes the traditional language of
the Native Hawaiian people as an official lan-
guage of the State of Hawai‘i, which may be
used as the language of instruction for all sub-
jects and grades in the public school system; and
‘‘(C) promotes the study of the Hawaiian
culture, language, and history by providing a
Hawaiian education program and using commu-
1108
HR 1 EAS
nity expertise as a suitable and essential means
to further the program.
‘‘SEC. 7203. PURPOSES.
‘‘The purposes of this part are to—
‘‘(1) authorize and develop innovative edu-
cational programs to assist Native Hawaiians;
‘‘(2) provide direction and guidance to appro-
priate Federal, State, and local agencies to focus re-
sources, including resources made available under this
part, on Native Hawaiian education, and to provide
periodic assessment and data collection;
‘‘(3) supplement and expand programs and au-
thorities in the area of education to further the pur-
poses of this title; and
‘‘(4) encourage the maximum participation of
Native Hawaiians in planning and management of
Native Hawaiian education programs.
‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND
ISLAND COUNCILS.
‘‘(a) ESTABLISHMENT
OF NATIVE HAWAIIAN EDU-
CATION COUNCIL.—In order to better effectuate the purposes
of this part through the coordination of educational and
related services and programs available to Native Hawai-
ians, including those programs receiving funding under this
part, the Secretary is authorized to establish a Native Ha-
1109
HR 1 EAS
waiian Education Council (referred to in this part as the
‘Education Council’).
‘‘(b) COMPOSITION
OF EDUCATION COUNCIL.—The
Education Council shall consist of not more than 21 mem-
bers, unless otherwise determined by a majority of the coun-
cil.
‘‘(c) CONDITIONS AND TERMS.—
‘‘(1) CONDITIONS.—At least 10 members of the
Education Council shall be Native Hawaiian edu-
cation service providers and 10 members of the Edu-
cation Council shall be Native Hawaiians or Native
Hawaiian education consumers. In addition, a rep-
resentative of the State of Hawai‘i Office of Hawai-
ian Affairs shall serve as a member of the Education
Council.
‘‘(2) APPOINTMENTS.—The members of the Edu-
cation Council shall be appointed by the Secretary
based on recommendations received from the Native
Hawaiian community.
‘‘(3) TERMS.—Members of the Education Council
shall serve for staggered terms of 3 years, except as
provided in paragraph (4).
‘‘(4) 
COUNCIL
DETERMINATIONS.—Additional
conditions and terms relating to membership on the
Education Council, including term lengths and term
1110
HR 1 EAS
renewals, shall be determined by a majority of the
Education Council.
‘‘(d) 
NATIVE
HAWAIIAN
EDUCATION
COUNCIL
GRANT.—The Secretary shall make a direct grant to the
Education Council in order to enable the Education Coun-
cil to—
‘‘(1) coordinate the educational and related serv-
ices and programs available to Native Hawaiians, in-
cluding the programs assisted under this part;
‘‘(2) assess the extent to which such services and
programs meet the needs of Native Hawaiians, and
collect data on the status of Native Hawaiian edu-
cation;
‘‘(3) provide direction and guidance, through the
issuance of reports and recommendations, to appro-
priate Federal, State, and local agencies in order to
focus and improve the use of resources, including re-
sources made available under this part, relating to
Native Hawaiian education, and serve, where appro-
priate, in an advisory capacity; and
‘‘(4) make direct grants, if such grants enable the
Education Council to carry out the duties of the Edu-
cation Council, as described in paragraphs (1)
through (3).
1111
HR 1 EAS
‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION COUN-
CIL.—
‘‘(1) IN GENERAL.—The Education Council shall
provide copies of any reports and recommendations
issued by the Education Council, including any infor-
mation that the Education Council provides to the
Secretary pursuant to subsection (i), to the Secretary,
the Committee on Education and the Workforce of the
House of Representatives, and the Committee on In-
dian Affairs of the Senate.
‘‘(2) ANNUAL REPORT.—The Education Council
shall prepare and submit to the Secretary an annual
report on the Education Council’s activities.
‘‘(3) ISLAND
COUNCIL
SUPPORT
AND
ASSIST-
ANCE.—The Education Council shall provide such ad-
ministrative support and financial assistance to the
island councils established pursuant to subsection (f)
as the Secretary determines to be appropriate, in a
manner that supports the distinct needs of each island
council.
‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—
‘‘(1) IN GENERAL.—In order to better effectuate
the purposes of this part and to ensure the adequate
representation of island and community interests
within the Education Council, the Secretary is au-
1112
HR 1 EAS
thorized to facilitate the establishment of Native Ha-
waiian education island councils (referred to individ-
ually in this part as an ‘island council’) for the fol-
lowing islands:
‘‘(A) Hawai‘i.
‘‘(B) Maui.
‘‘(C) Moloka‘i.
‘‘(D) Lana‘i.
‘‘(E) O‘ahu.
‘‘(F) Kaua‘i.
‘‘(G) Ni‘ihau.
‘‘(2) COMPOSITION OF ISLAND COUNCILS.—Each
island council shall consist of parents, students, and
other community members who have an interest in
the education of Native Hawaiians, and shall be rep-
resentative of individuals concerned with the edu-
cational needs of all age groups, from children in pre-
school through adults. At least 3⁄4 of the members of
each island council shall be Native Hawaiians.
‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO EDU-
CATION COUNCIL AND ISLAND COUNCILS.—The Education
Council and each island council shall meet at the call of
the chairperson of the appropriate council, or upon the re-
quest of the majority of the members of the appropriate
council, but in any event not less often than 4 times during
1113
HR 1 EAS
each calendar year. The provisions of the Federal Advisory
Committee Act shall not apply to the Education Council
and each island council.
‘‘(h) COMPENSATION.—Members of the Education
Council and each island council shall not receive any com-
pensation for service on the Education Council and each
island council, respectively.
‘‘(i) REPORT.—Not later than 4 years after the date
of enactment of the Better Education for Students and
Teachers Act, the Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Indian Affairs of
the Senate a report that summarizes the annual reports of
the Education Council, describes the allocation and use of
funds under this part, and contains recommendations for
changes in Federal, State, and local policy to advance the
purposes of this part.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$300,000 for fiscal year 2002 and such sums as may be
necessary for each of the 6 succeeding fiscal years. Funds
appropriated under this subsection shall remain available
until expended.
‘‘SEC. 7205. PROGRAM AUTHORIZED.
‘‘(a) GENERAL AUTHORITY.—
1114
HR 1 EAS
‘‘(1) GRANTS AND CONTRACTS.—The Secretary is
authorized to make direct grants to, or enter into con-
tracts with—
‘‘(A) Native Hawaiian educational organi-
zations;
‘‘(B) Native Hawaiian community-based
organizations;
‘‘(C) public and private nonprofit organiza-
tions, agencies, and institutions with experience
in developing or operating Native Hawaiian
programs or programs of instruction in the Na-
tive Hawaiian language; and
‘‘(D) consortia of the organizations, agen-
cies, and institutions described in subparagraphs
(A) through (C),
to carry out programs that meet the purposes of this
part.
‘‘(2) PRIORITIES.—In awarding grants or con-
tracts to carry out activities described in paragraph
(3), the Secretary shall give priority to entities pro-
posing projects that are designed to address—
‘‘(A) beginning reading and literacy among
students in kindergarten through third grade;
‘‘(B) the needs of at-risk children and
youth;
1115
HR 1 EAS
‘‘(C) needs in fields or disciplines in which
Native Hawaiians are underemployed; and
‘‘(D) the use of the Hawaiian language in
instruction.
‘‘(3) AUTHORIZED ACTIVITIES.—Activities pro-
vided through programs carried out under this part
may include—
‘‘(A) the development and maintenance of a
statewide Native Hawaiian early education and
care system to provide a continuum of services
for Native Hawaiian children from the prenatal
period of the children through age 5;
‘‘(B) the operation of family-based edu-
cation centers that provide such services as—
‘‘(i) programs for Native Hawaiian
parents and their infants from the prenatal
period of the infants through age 3;
‘‘(ii) preschool programs for Native
Hawaiians; and
‘‘(iii) research on, and development
and assessment of, family-based, early child-
hood, and preschool programs for Native
Hawaiians;
‘‘(C) activities that enhance beginning read-
ing and literacy in either the Hawaiian or the
1116
HR 1 EAS
English language among Native Hawaiian stu-
dents in kindergarten through third grade and
assistance in addressing the distinct features of
combined English and Hawaiian literacy for
Hawaiian speakers in fifth and sixth grade;
‘‘(D) activities to meet the special needs of
Native Hawaiian students with disabilities,
including—
‘‘(i) the identification of such students
and their needs;
‘‘(ii) the provision of support services
to the families of those students; and
‘‘(iii) other activities consistent with
the requirements of the Individuals with
Disabilities Education Act;
‘‘(E) activities that address the special
needs of Native Hawaiian students who are gift-
ed and talented, including—
‘‘(i) educational, psychological, and de-
velopmental activities designed to assist in
the educational progress of those students;
and
‘‘(ii) activities that involve the parents
of those students in a manner designed to
assist in the students’ educational progress;
1117
HR 1 EAS
‘‘(F) the development of academic and voca-
tional curricula to address the needs of Native
Hawaiian children and adults, including cur-
riculum materials in the Hawaiian language
and mathematics and science curricula that in-
corporate Native Hawaiian tradition and cul-
ture;
‘‘(G) professional development activities for
educators, including—
‘‘(i) the development of programs to
prepare prospective teachers to address the
unique needs of Native Hawaiian students
within the context of Native Hawaiian cul-
ture, language, and traditions;
‘‘(ii) in-service programs to improve
the ability of teachers who teach in schools
with concentrations of Native Hawaiian
students to meet those students’ unique
needs; and
‘‘(iii) the recruitment and preparation
of Native Hawaiians, and other individuals
who live in communities with a high con-
centration of Native Hawaiians, to become
teachers;
1118
HR 1 EAS
‘‘(H) the operation of community-based
learning centers that address the needs of Native
Hawaiian families and communities through the
coordination of public and private programs and
services, including—
‘‘(i) preschool programs;
‘‘(ii) after-school programs; and
‘‘(iii) vocational and adult education
programs;
‘‘(I) activities to enable Native Hawaiians
to enter and complete programs of postsecondary
education, including—
‘‘(i) provision of full or partial schol-
arships for undergraduate or graduate
study that are awarded to students based on
their academic promise and financial need,
with a priority, at the graduate level, given
to students entering professions in which
Native Hawaiians are underrepresented;
‘‘(ii) family literacy services;
‘‘(iii) counseling and support services
for students receiving scholarship assistance;
‘‘(iv) counseling and guidance for Na-
tive Hawaiian secondary students who have
the potential to receive scholarships; and
1119
HR 1 EAS
‘‘(v) faculty development activities de-
signed to promote the matriculation of Na-
tive Hawaiian students;
‘‘(J) research and data collection activities
to determine the educational status and needs of
Native Hawaiian children and adults;
‘‘(K) other research and evaluation activi-
ties related to programs carried out under this
part;
‘‘(L) construction, renovation, and mod-
ernization of any elementary school, secondary
school, or structure related to an elementary
school or secondary school, run by the Depart-
ment of Education of the State of Hawaii, that
serves a predominantly Native Hawaiian stu-
dent body; and
‘‘(M) other activities, consistent with the
purposes of this part, to meet the educational
needs of Native Hawaiian children and adults.
‘‘(4) SPECIAL RULE AND CONDITIONS.—
‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—The
Secretary shall not establish a policy under this
section that prevents a Native Hawaiian student
enrolled at a 2- or 4-year degree granting insti-
tution of higher education outside of the State of
1120
HR 1 EAS
Hawai‘i from receiving a scholarship pursuant
to paragraph (3)(I).
‘‘(B) SCHOLARSHIP CONDITIONS.—The Sec-
retary shall establish conditions for receipt of a
scholarship awarded under paragraph (3)(I).
The conditions shall require that an individual
seeking such a scholarship enter into a contract
to provide professional services, either during the
scholarship period or upon completion of a pro-
gram of postsecondary education, to the Native
Hawaiian community.
‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of funds provided to a grant recipient under this sec-
tion for any fiscal year may be used for administrative pur-
poses.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$35,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 6 succeeding fiscal years. Funds
appropriated under this subsection shall remain available
until expended.
‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS.
‘‘(a) APPLICATION REQUIRED.—No grant may be
made under this part, and no contract may be entered into
under this part, unless the entity seeking the grant or con-
1121
HR 1 EAS
tract submits an application to the Secretary at such time,
in such manner, and containing such information as the
Secretary may determine to be necessary to carry out the
provisions of this part.
‘‘(b) SPECIAL RULE.—Each applicant for a grant or
contract under this part shall submit the application for
comment to the local educational agency serving students
who will participate in the program to be carried out under
the grant or contract, and include those comments, if any,
with the application to the Secretary.
‘‘SEC. 7207. DEFINITIONS.
‘‘In this part:
‘‘(1) NATIVE HAWAIIAN.—The term ‘Native Ha-
waiian’ means any individual who is—
‘‘(A) a citizen of the United States; and
‘‘(B) a descendant of the aboriginal people
who, prior to 1778, occupied and exercised sov-
ereignty in the area that now comprises the
State of Hawai‘i, as evidenced by—
‘‘(i) genealogical records;
‘‘(ii) Kupuna (elders) or Kama‘aina
(long-term 
community 
residents)
verification; or
‘‘(iii) certified birth records.
1122
HR 1 EAS
‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED ORGA-
NIZATION.—The term ‘Native Hawaiian community-
based organization’ means any organization that is
composed primarily of Native Hawaiians from a spe-
cific community and that assists in the social, cul-
tural, and educational development of Native Hawai-
ians in that community.
‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZA-
TION.—The term ‘Native Hawaiian educational orga-
nization’ means a private nonprofit organization
that—
‘‘(A) serves the interests of Native Hawai-
ians;
‘‘(B) has Native Hawaiians in substantive
and policymaking positions within the organiza-
tion;
‘‘(C) incorporates Native Hawaiian per-
spective, values, language, culture, and tradi-
tions into the core function of the organization;
‘‘(D) has demonstrated expertise in the edu-
cation of Native Hawaiian youth; and
‘‘(E) has demonstrated expertise in research
and program development.
‘‘(4) NATIVE
HAWAIIAN
LANGUAGE.—The term
‘Native Hawaiian language’ means the single Native
1123
HR 1 EAS
American language indigenous to the original inhab-
itants of the State of Hawai‘i.
‘‘(5) NATIVE
HAWAIIAN
ORGANIZATION.—The
term ‘Native Hawaiian organization’ means a pri-
vate nonprofit organization that—
‘‘(A) serves the interests of Native Hawai-
ians;
‘‘(B) has Native Hawaiians in substantive
and policymaking positions within the organiza-
tions; and
‘‘(C) is recognized by the Governor of
Hawai‘i for the purpose of planning, conducting,
or administering programs (or portions of pro-
grams) for the benefit of Native Hawaiians.
‘‘(6) OFFICE OF HAWAIIAN AFFAIRS.—The term
‘Office of Hawaiian Affairs’ means the office of Ha-
waiian Affairs established by the Constitution of the
State of Hawai‘i.
‘‘PART C—ALASKA NATIVE EDUCATION
‘‘SEC. 7301. SHORT TITLE.
‘‘This part may be cited as the ‘Alaska Native Edu-
cational Equity, Support, and Assistance Act’.
‘‘SEC. 7302. FINDINGS.
‘‘Congress finds the following:
1124
HR 1 EAS
‘‘(1) The attainment of educational success is
critical to the betterment of the conditions, long-term
well-being, and preservation of the culture of Alaska
Natives.
‘‘(2) It is the policy of the Federal Government
to encourage the maximum participation by Alaska
Natives in the planning and the management of Alas-
ka Native education programs.
‘‘(3) Alaska Native children enter and exit school
with serious educational handicaps.
‘‘(4) The educational achievement of Alaska Na-
tive children is far below national norms. Native per-
formance on standardized tests is low, Native student
dropout rates are high, and Natives are significantly
underrepresented among holders of baccalaureate de-
grees in the State of Alaska. As a result, Native stu-
dents are being denied their opportunity to become
full participants in society by grade school and high
school educations that are condemning an entire gen-
eration to an underclass status and a life of limited
choices.
‘‘(5) The programs authorized in this title, com-
bined with expanded Head Start, infant learning and
early childhood education programs, and parent edu-
1125
HR 1 EAS
cation programs are essential if educational handi-
caps are to be overcome.
‘‘(6) The sheer magnitude of the geographic bar-
riers to be overcome in delivering educational services
in rural Alaska and Alaska villages should be ad-
dressed through the development and implementation
of innovative, model programs in a variety of areas.
‘‘(7) Congress finds that Native children should
be afforded the opportunity to begin their formal edu-
cation on a par with their non-Native peers. The Fed-
eral Government should lend support to efforts devel-
oped by and undertaken within the Alaska Native
community to improve educational opportunity for
all students.
‘‘SEC. 7303. PURPOSES.
‘‘The purposes of this part are to—
‘‘(1) recognize the unique educational needs of
Alaska Natives;
‘‘(2) authorize the development of supplemental
educational programs to benefit Alaska Natives;
‘‘(3) supplement programs and authorities in the
area of education to further the objectives of this part;
and
‘‘(4) provide direction and guidance to appro-
priate Federal, State, and local agencies to focus re-
1126
HR 1 EAS
sources, including resources made available under this
part, on meeting the educational needs of Alaska Na-
tives.
‘‘SEC. 7304. PROGRAM AUTHORIZED.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) GRANTS AND CONTRACTS.—The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational enti-
ties with experience in developing or operating Alaska
Native programs or programs of instruction con-
ducted in Alaska Native languages, cultural and com-
munity-based organizations with experience in devel-
oping or operating programs to benefit Alaska Na-
tives, and consortia of organizations and entities de-
scribed in this paragraph to carry out programs that
meet the purposes of this part.
‘‘(2) PERMISSIBLE ACTIVITIES.—Activities pro-
vided through programs carried out under this part
may include—
‘‘(A) the development and implementation
of plans, methods, and strategies to improve the
education of Alaska Natives;
‘‘(B) the development of curricula and edu-
cational programs that address the educational
needs of Alaska Native students, including—
1127
HR 1 EAS
‘‘(i) curriculum materials that reflect
the cultural diversity or the contributions of
Alaska Natives;
‘‘(ii) instructional programs that make
use of Native Alaskan languages; and
‘‘(iii) networks that introduce success-
ful programs, materials, and techniques to
urban and rural schools;
‘‘(C) professional development activities for
educators, including—
‘‘(i) programs to prepare teachers to
address the cultural diversity and unique
needs of Alaska Native students;
‘‘(ii) in-service programs to improve
the ability of teachers to meet the unique
needs of Alaska Native students; and
‘‘(iii) recruitment and preparation of
teachers who are Alaska Native, reside in
communities with high concentrations of
Alaska Native students, or are likely to suc-
ceed as teachers in isolated, rural commu-
nities and engage in cross-cultural instruc-
tion in Alaska;
‘‘(D) the development and operation of home
instruction programs for Alaska Native preschool
1128
HR 1 EAS
children, the purpose of which is to ensure the
active involvement of parents in their children’s
education from the earliest ages;
‘‘(E) family literacy services;
‘‘(F) the development and operation of stu-
dent enrichment programs in science and mathe-
matics that—
‘‘(i) are designed to prepare Alaska
Native students from rural areas, who are
preparing to enter secondary school, to excel
in science and math; and
‘‘(ii) provide appropriate support serv-
ices to the families of such students that are
needed to enable such students to benefit
from the programs;
‘‘(G) research and data collection activities
to determine the educational status and needs of
Alaska Native children and adults;
‘‘(H) other research and evaluation activi-
ties related to programs carried out under this
part;
‘‘(I) remedial and enrichment programs to
assist Alaska Native students in performing at a
high level on standardized tests;
1129
HR 1 EAS
‘‘(J) education and training of Alaska Na-
tive students enrolled in a degree program that
will lead to certification or licensing as teachers;
‘‘(K) parenting education for parents and
caregivers of Alaska Native children to improve
parenting and caregiving skills (including skills
relating to discipline and cognitive develop-
ment), including parenting education provided
through in-home visitation of new mothers;
‘‘(L) cultural education programs operated
by the Alaska Native Heritage Center and de-
signed to share the Alaska Native culture with
students;
‘‘(M) a cultural exchange program operated
by the Alaska Humanities Forum and designed
to share Alaska Native culture with urban stu-
dents in a rural setting, which shall be known as
the Rose Cultural Exchange Program;
‘‘(N) activities carried out through Even
Start programs carried out under subpart 1 of
part B of title I and Head Start programs car-
ried out under the Head Start Act, including the
training of teachers for programs described in
this subparagraph;
1130
HR 1 EAS
‘‘(O) other early learning and preschool
programs;
‘‘(P) dropout prevention programs such as
the Cook Inlet Tribal Council’s Partners for Suc-
cess program;
‘‘(Q) an Alaska Initiative for Community
Engagement program;
‘‘(R) career preparation activities to enable
Alaska Native children and adults to prepare for
meaningful employment, including programs
providing tech-prep, mentoring, training, and
apprenticeship activities;
‘‘(S) provision of operational support and
construction funding, and purchasing of equip-
ment, to develop regional vocational schools in
rural areas of Alaska, including boarding
schools, for Alaska Native students in grades 9 to
12, and higher levels of education, to provide the
students with necessary resources to prepare for
skilled employment opportunities; and
‘‘(T) other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
‘‘(3) HOME INSTRUCTION PROGRAMS.—Home in-
struction programs for Alaska Native preschool chil-
1131
HR 1 EAS
dren carried out under paragraph (2)(D) may
include—
‘‘(A) programs for parents and their in-
fants, from the prenatal period of the infant
through age 3;
‘‘(B) preschool programs; and
‘‘(C) training, education, and support for
parents in such areas as reading readiness, ob-
servation, story telling, and critical thinking.
‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of funds provided to a grant recipient under this sec-
tion for any fiscal year may be used for administrative pur-
poses.
‘‘(c) PRIORITIES.—In awarding grants or contracts to
carry out activities described in subsection (a)(2), except
for activities listed in subsection (d)(2), the Secretary shall
give priority to applications from Alaska Native regional
nonprofit organizations, or consortia that include at least
1 Alaska Native regional nonprofit organization.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—For fiscal year 2002 and
each of the 6 succeeding fiscal years, there is author-
ized to be appropriated to carry out this section the
same amount as is authorized to be appropriated
1132
HR 1 EAS
under section 7205 for activities under that section
for that fiscal year.
‘‘(2) AVAILABILITY OF FUNDS.—Of the funds ap-
propriated and made available under this section for
a fiscal year, the Secretary shall make available—
‘‘(A) not less than $1,000,000 to support ac-
tivities described in subsection (a)(2)(K);
‘‘(B) not less than $1,000,000 to support ac-
tivities described in subsection (a)(2)(L);
‘‘(C) not less than $1,000,000 to support ac-
tivities described in subsection (a)(2)(M);
‘‘(D) not less than $2,000,000 to support ac-
tivities described in subsection (a)(2)(P); and
‘‘(E) not less than $2,000,000 to support ac-
tivities described in subsection (a)(2)(Q).
‘‘SEC. 7305. ADMINISTRATIVE PROVISIONS.
‘‘(a) APPLICATION REQUIRED.—No grant may be
made under this part, and no contract may be entered into
under this part, unless the entity seeking the grant or con-
tract submits an application to the Secretary at such time,
in such manner, and containing such information as the
Secretary may determine to be necessary to carry out the
provisions of this part.
‘‘(b) APPLICATIONS.—A State educational agency or
local educational agency may apply for a grant or contract
1133
HR 1 EAS
under this part only as part of a consortium involving an
Alaska Native organization. The consortium may include
other eligible applicants.
‘‘(c) CONSULTATION REQUIRED.—Each applicant for
a grant or contract under this part shall provide for ongo-
ing advice from and consultation with representatives of the
Alaska Native community.
‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINATION.—
Each applicant for a grant or contract under this part shall
inform each local educational agency serving students who
will participate in the program to be carried out under the
grant or contract about the application.
‘‘(e) REPORTING REQUIREMENTS.—Each recipient of
a grant or contract under this part shall, not later than
March 15 of each fiscal year in which the organization ex-
pends funds under the grant or contract, prepare and sub-
mit to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of
the Senate, summary reports, of not more than 2 pages in
length. Such reports shall describe activities undertaken
under the grant or contract, and progress made toward the
overall objectives of the activities to be carried out under
the grant or contract.
‘‘SEC. 7306. DEFINITIONS.
‘‘In this part:
1134
HR 1 EAS
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’
has the meaning given the term ‘Native’ in section
3(b) of the Alaska Native Claims Settlement Act.
‘‘(2) ALASKA NATIVE ORGANIZATION.—The term
‘Alaska Native organization’ means a federally recog-
nized tribe, consortium of tribes, regional nonprofit
Native association, or another organization that—
‘‘(A) has or commits to acquire expertise in
the education of Alaska Natives; and
‘‘(B) has Alaska Natives in substantive and
policymaking positions within the organization.
SEC. 702. CONFORMING AMENDMENTS.
(a) HIGHER EDUCATION ACT
OF 1965.—Section
317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)) is amended—
(1) in paragraph (1), by striking ‘‘section 9308’’
and inserting ‘‘section 7306’’; and
(2) in paragraph (3), by striking ‘‘section 9212’’
and inserting ‘‘section 7207’’.
(b) PUBLIC LAW 88–210.—Section 116 of Public Law
88–210 (as added by section 1 of Public Law 105–332 (112
Stat. 3076)) is amended by striking ‘‘section 9212 of the
Native Hawaiian Education Act (20 U.S.C. 7912)’’ and in-
serting ‘‘section 7207 of the Native Hawaiian Education
Act’’.
1135
HR 1 EAS
(c) CARL D. PERKINS VOCATIONAL AND TECHNICAL
EDUCATION ACT OF 1998.—Section 116(a)(5) of the Carl
D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2326(a)(5)) is amended by striking ‘‘section
9212’’ and all that follows and inserting ‘‘section 7207 of
the Native Hawaiian Education Act’’.
(d) MUSEUM AND LIBRARY SERVICES ACT.—Section
261 of the Museum and Library Services Act (20 U.S.C.
9161) is amended by striking ‘‘section 9212 of the Native
Hawaiian Education Act (20 U.S.C. 7912)’’ and inserting
‘‘section 7207 of the Native Hawaiian Education Act’’.
(e) ACT OF APRIL 16, 1934.—Section 5 of the Act of
April 16, 1934 (commonly known as the ‘‘Johnson-O’Malley
Act’’) (88 Stat. 2213; 25 U.S.C. 456) is amended by strik-
ing ‘‘section 9104(c)(4)’’ and inserting ‘‘section 7114(c)(4)’’.
(f) NATIVE AMERICAN LANGUAGES ACT.—Section 103
of the Native American Languages Act (25 U.S.C. 2902)
is amended—
(1) in paragraph (2), by striking ‘‘section
9161(4) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7881(4))’’ and inserting ‘‘sec-
tion 7161(3) of the Elementary and Secondary Edu-
cation Act of 1965’’; and
(2) in paragraph (3), by striking ‘‘section
9212(1) of the Elementary and Secondary Education
1136
HR 1 EAS
Act of 1965 (20 U.S.C. 7912(1))’’ and inserting ‘‘sec-
tion 7207 of the Elementary and Secondary Edu-
cation Act of 1965’’.
(g) WORKFORCE INVESTMENT ACT OF 1998.—Section
166(b)(3) of the Workforce Investment Act of 1998 (29
U.S.C. 2911(b)(3)) is amended by striking ‘‘paragraphs (1)
and (3), respectively, of section 9212 of the Native Hawai-
ian Education Act (20 U.S.C. 7912)’’ and inserting ‘‘sec-
tion 7207 of the Native Hawaiian Education Act’’.
(h) ASSETS
FOR
INDEPENDENCE
ACT.—Section
404(11) of the Assets for Independence Act (42 U.S.C. 604
note) is amended by striking ‘‘section 9212 of the Native
Hawaiian Education Act (20 U.S.C. 7912)’’ and inserting
‘‘section 7207 of the Native Hawaiian Education Act’’.
TITLE VIII—IMPACT AID
SEC. 801. ELIGIBILITY UNDER SECTION 8003 FOR CERTAIN
HEAVILY IMPACTED LOCAL EDUCATIONAL
AGENCIES.
(a) ELIGIBILITY.—Section 8003(b)(2)(C) (20 U.S.C.
7703(b)(2)(C)) is amended—
(1) in clauses (i) and (ii) by inserting after
‘‘Federal military installation’’ each place it appears
the following: ‘‘(or the agency is a qualified local edu-
cational agency as described in clause (iv))’’; and
(2) by adding at the end the following:
1137
HR 1 EAS
‘‘(iv) QUALIFIED LOCAL EDUCATIONAL
AGENCY.—A qualified local educational
agency described in this clause is an agency
that meets the following requirements:
‘‘(I) The boundaries are the same
as island property designated by the
Secretary of the Interior to be property
that is held in trust by the Federal
Government.
‘‘(II) The agency has no taxing
authority.
‘‘(III) The agency received a pay-
ment under paragraph (1) for fiscal
year 2001.’’.
(b) EFFECTIVE DATE.—The Secretary shall consider
an application for a payment under section 8003(b)(2) for
fiscal year 2002 from a qualified local educational agency
described in section 8003(b)(2)(C)(iv), as added by sub-
section (a), as meeting the requirements of section
8003(b)(2)(C)(iii), and shall provide a payment under sec-
tion 8003(b)(2) for fiscal year 2002, if the agency submits
to the Secretary an application for payment under such sec-
tion not later than 60 days after the date of enactment of
this Act.
1138
HR 1 EAS
TITLE IX—REPEALS
SEC. 901. REPEALS.
(a) ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.—Titles IX through XIV (20 U.S.C. 7801 et seq.,
8801 et seq.) are repealed.
(b) GOALS 2000: EDUCATE AMERICA ACT.—The Goals
2000: Educate America Act (20 U.S.C. 5801 et seq.) is re-
pealed.
TITLE X—MISCELLANEOUS
PROVISIONS
SEC. 1001. INDEPENDENT EVALUATION.
The Act (20 U.S.C. 6301 et seq.) (as amended by sec-
tion 901(a)) is amended further by adding at the end the
following:
‘‘TITLE IX—MISCELLANEOUS
PROVISIONS
‘‘PART A—INDEPENDENT EVALUATION
‘‘SEC. 9101. IN GENERAL.
‘‘The Secretary is authorized to award a grant to the
Board on Testing and Assessment of the National Research
Council of the National Academy of Sciences to enable the
Board to conduct, in consultation with the Department
(and others that the Board determines appropriate), an on-
going evaluation, not to exceed 4 years in duration, of a
representative sample of State and local educational agen-
1139
HR 1 EAS
cies regarding high stakes assessments used by the State and
local educational agencies. The evaluation shall be based on
a research design determined by the Board, in consultation
with others, that includes existing data, and the develop-
ment of new data as feasible and advisable. The evaluation
shall address, at a minimum, the 3 components described
in section 9102.
‘‘SEC. 9102. COMPONENTS EVALUATED.
‘‘The 3 components of the evaluation described in sec-
tion 9101 are as follows:
‘‘(1) STUDENTS, TEACHERS, PARENTS, FAMILIES,
SCHOOLS, AND
SCHOOL
DISTRICTS.—The intended
and unintended consequences of the assessments on in-
dividual students, teachers, parents, families, schools,
and school districts, including—
‘‘(A) overall improvement or decline in
what students are learning based on independent
measures;
‘‘(B) changes in course offerings, teaching
practices, course content, and instructional mate-
rial;
‘‘(C) measures of teacher satisfaction with
the assessments;
‘‘(D) changes in rates of teacher and ad-
ministrator turnover;
1140
HR 1 EAS
‘‘(E) changes in dropout, grade retention,
and graduation rates for students;
‘‘(F) the relationship of student performance
on the assessments to school resources, teacher
and instructional quality, or such factors as lan-
guage barriers or construct-irrelevant disabil-
ities;
‘‘(G) changes in the frequency of referrals
for enrichment opportunities, remedial measures,
and other consequences;
‘‘(H) changes in student post-graduation
outcomes, including admission to, and signs of
success (such as reduced need for remediation
services) at, colleges, community colleges, or tech-
nical school training programs;
‘‘(I) cost of preparing for, conducting, and
grading the assessments in terms of dollars ex-
pended by the school district and time expended
by students and teachers;
‘‘(J) changes in funding levels and distribu-
tion of instructional and staffing resources for
schools based on the results of the assessments;
‘‘(K) purposes for which the assessments or
components of the assessments are used beyond
what is required under part A of title I, and the
1141
HR 1 EAS
consequences for students and teachers because of
those uses;
‘‘(L) differences in the areas studied under
this section between high poverty and high con-
centration minority schools and school districts,
and schools and school districts with lower rates
of poverty and minority students; and
‘‘(M) the level of involvement of parents and
families in the development and implementation
of the assessments and the extent to which the
parents and families are informed of assessment
results and consequences.
‘‘(2) STUDENTS
WITH
DISABILITIES.—The in-
tended and unintended consequences of the assess-
ments for students with disabilities, including—
‘‘(A) the overall improvement or decline in
academic achievement for students with disabil-
ities;
‘‘(B) the numbers and characteristics of stu-
dents with disabilities who are excluded from the
assessments, and the number and type of modi-
fications and accommodations extended;
‘‘(C) changes in the rate of referral of stu-
dents to special education;
1142
HR 1 EAS
‘‘(D) changes in attendance patterns and
dropout, retention, and graduation rates for stu-
dents with disabilities;
‘‘(E) changes in rates at which students
with disabilities are retained in grade level;
‘‘(F) changes in rates of transfers of stu-
dents with disabilities to other schools or institu-
tions; and
‘‘(G) the level of involvement of parents and
families of students with disabilities in the devel-
opment and implementation of the assessments
and the extent to which the parents and families
are informed of assessment results and con-
sequences.
‘‘(3) LOW SOCIO-ECONOMIC STUDENTS, LIMITED
ENGLISH PROFICIENT STUDENTS, AND MINORITY STU-
DENTS.—The intended and unintended consequences
of the assessments for low socio-economic status stu-
dents, limited English proficient students, and racial
and ethnic minority students, independently and as
compared to middle or high socio-economic status stu-
dents, nonlimited English proficient students, and
white students, including—
‘‘(A) the overall improvement or decline in
academic achievement for such students;
1143
HR 1 EAS
‘‘(B) the numbers and characteristics of
such students excused from taking the assess-
ments, and the number and type of modifications
and accommodations extended to such students;
‘‘(C) changes in the rate of referral of such
students to special education;
‘‘(D) changes in attendance patterns and
dropout and graduation rates for such students;
‘‘(E) changes in rates at which such stu-
dents are retained in grade level;
‘‘(F) changes in rates of transfer of such
students to other schools or institutions; and
‘‘(G) the level of involvement of parents and
families of low socio-economic students, limited
English proficient students, and racial and eth-
nic minority students in the development and
implementation of the assessments and the extent
to which the parents and families are informed
of assessment results and consequences.
‘‘SEC. 9103. REPORTING.
‘‘The Secretary shall make public annually the results
of the evaluation carried out under this part and shall re-
port the findings of the evaluation to Congress and to the
States not later than 2 months after the completion of the
evaluation.
1144
HR 1 EAS
‘‘SEC. 9104. DEFINITIONS.
‘‘In this part:
‘‘(1) HIGH
STAKES
ASSESSMENT.—The term
‘high stakes assessment’ means a standardized test
that is one of the mandated determining factors in
making decisions concerning a student’s promotion,
graduation, or tracking.
‘‘(2) STANDARDIZED TEST.—The term ‘standard-
ized test’ means a test that is administered and scored
under conditions uniform to all students so that the
test scores are comparable across individuals.
‘‘SEC. 9105. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $4,000,000 for fiscal year 2002. Such funds shall
remain available until expended.’’.
‘‘PART B—TRANSITION PROVISION
‘‘SEC. 9201. CERTAIN MULTIYEAR GRANTS AND CONTRACTS.
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, from funds appropriated under subsection
(b) the Secretary shall continue to fund any multiyear
grant or contract awarded under section 3141 or part A
or C of title XIII (as such section or part was in effect
on the day preceding the date of the enactment of the Better
Education for Students and Teachers Act) for the duration
of the multiyear award.
1145
HR 1 EAS
‘‘(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for each fiscal year such
sums as may be necessary to carry out subsection (a).
‘‘(c) REPEAL.—This section is repealed on the date of
enactment of a law that—
‘‘(1) reauthorizes a provision of the Educational
Research, Development, Dissemination, and Improve-
ment Act of 1994; and
‘‘(2) is enacted after the date of enactment of the
Better Education for Students and Teachers Act.’’.
SEC. 1002. HELPING CHILDREN SUCCEED BY FULLY FUND-
ING THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT (IDEA).
(a) FINDINGS.—Congress makes the following findings:
(1) All children deserve a quality education.
(2) In Pennsylvania Association for Retarded
Children vs. Commonwealth of Pennsylvania (334 F.
Supp. 1247)(E. Dist. Pa. 1971), and Mills vs. Board
of Education of the District of Columbia (348 F.
Supp. 866)(Dist. D.C. 1972), the courts found that
children with disabilities are entitled to an equal op-
portunity to an education under the 14th amendment
of the Constitution.
(3) In 1975, Congress passed what is now known
as the Individuals with Disabilities Education Act
1146
HR 1 EAS
(referred to in this section as ‘‘IDEA’’) (20 U.S.C.
1400 et seq.) to help States provide all children with
disabilities a free, appropriate public education in the
least restrictive environment. At full funding, Con-
gress contributes 40 percent of the average per pupil
expenditure for each child with a disability served.
(4) Before 1975, only 1⁄5 of the children with dis-
abilities received a formal education. At that time,
many States had laws that specifically excluded
many children with disabilities, including children
who were blind, deaf, or emotionally disturbed, from
receiving such an education.
(5) IDEA currently serves an estimated 200,000
infants and toddlers, 600,000 preschoolers, and
5,400,000 children 6 to 21 years of age.
(6) IDEA enables children with disabilities to be
educated in their communities, and thus, has assisted
in dramatically reducing the number of children with
disabilities who must live in State institutions away
from their families.
(7) The number of children with disabilities who
complete high school has grown significantly since the
enactment of IDEA.
1147
HR 1 EAS
(8) The number of children with disabilities who
enroll in college as freshmen has more than tripled
since the enactment of IDEA.
(9) The overall effectiveness of IDEA depends
upon well trained special education and general edu-
cation teachers, related services personnel, and other
school personnel. Congress recognizes concerns about
the nationwide shortage of personnel serving students
with disabilities and the need for improvement in the
qualifications of such personnel.
(10) IDEA has raised the Nation’s awareness
about the abilities and capabilities of children with
disabilities.
(11) Improvements to IDEA in the 1997 amend-
ments increased the academic achievement of children
with disabilities and helped them to lead productive,
independent lives.
(12) Changes made in 1997 also addressed the
needs of those children whose behavior impedes learn-
ing by implementing behavioral assessments and
intervention strategies to ensure that they receive ap-
propriate supports in order to receive a quality edu-
cation.
(13) IDEA requires a full partnership between
parents of children with disabilities and education
1148
HR 1 EAS
professionals in the design and implementation of the
educational services provided to children with disabil-
ities.
(14) While the Federal Government has more
than doubled funding for part B of IDEA since 1995,
the Federal Government has never provided more
than 15 percent of the maximum State grant alloca-
tion for educating children with disabilities.
(15) By fully funding IDEA, Congress will
strengthen the ability of States and localities to im-
plement the requirements of IDEA.
(b) LOCAL EDUCATIONAL AGENCY ELIGIBILITY.—
Clauses (i) and (ii) of section 613(a)(2)(C) of the Individ-
uals 
with 
Disabilities 
Education 
Act 
(20 
U.S.C.
1413(a)(2)(C)) is amended to read as follows:
‘‘(i) Notwithstanding clauses (ii) and
(iii) of subparagraph (A), for any fiscal
year for which amounts appropriated to
carry 
out 
section 
611 
exceeds
$4,100,000,000, a local educational agency
may treat as local funds, for the purpose of
such clauses, up to 55 percent of the amount
of funds it receives under this part that ex-
ceeds the amount it received under this part
for fiscal year 2001, except where a local
1149
HR 1 EAS
educational agency shows that it is meeting
the requirements of this part, the local edu-
cational agency may petition the State to
waive, in whole or in part, the 55 percent
cap under this clause.
‘‘(ii) Notwithstanding clause (i), if the
Secretary determines that a local edu-
cational agency is not meeting the require-
ments of this part, the Secretary may pro-
hibit the local educational agency from
treating funds received under this part as
local funds under clause (i) for any fiscal
year, and may redirect the use of those
funds to other educational programs within
the local educational agency.’’.
(c) FUNDING.—Section 611(j) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(j)) is amended
to read as follows:
‘‘(j) FUNDING.—For the purpose of carrying out this
part, other than section 619, there are authorized to be ap-
propriated, and there are appropriated—
‘‘(1) $8,823,685,000 for fiscal year 2002;
‘‘(2) $11,323,685,000 for fiscal year 2003;
‘‘(3) $13,823,685,000 for fiscal year 2004;
‘‘(4) $16,323,685,000 for fiscal year 2005;
1150
HR 1 EAS
‘‘(5) $18,823,685,000 for fiscal year 2006;
‘‘(6) not more than $21,067,600,000, or the sum
of the maximum amount that all States may receive
under subsection (a)(2), whichever is lower, for fiscal
year 2007;
‘‘(7) not more than $21,742,019,000, or the sum
of the maximum amount that all States may receive
under subsection (a)(2), whichever is lower, for fiscal
year 2008;
‘‘(8) not more than $22,423,068,000, or the sum
of the maximum amount that all States may receive
under subsection (a)(2), whichever is lower, for fiscal
year 2009;
‘‘(9) not more than $23,095,622,000, or the sum
of the maximum amount that all States may receive
under subsection (a)(2), whichever is lower, for fiscal
year 2010; and
‘‘(10) not more than $23,751,456,000, or the sum
of the maximum amount that all States may receive
under subsection (a)(2), whichever is lower, for fiscal
year 2011.’’.
1151
HR 1 EAS
SEC. 1003. SENSE OF THE SENATE; AUTHORIZATION OF AP-
PROPRIATIONS FOR TITLE II OF THE ELE-
MENTARY AND SECONDARY EDUCATION ACT
OF 1965.
(a) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that Congress should appropriate $3,000,000,000 for fis-
cal year 2002 to carry out part A of title II of the Elemen-
tary and Secondary Education Act of 1965 and thereby—
(1) provide that schools, local educational agen-
cies, and States have the resources they need to put
a highly qualified teacher in every classroom in each
school in which 50 percent or more of the children are
from low income families, over the next 4 years;
(2) provide 125,000 new teachers with mentors
and year-long supervised internships; and
(3) provide high quality pedagogical training for
every teacher in every school.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out part A of title
II of the Elementary and Secondary Education Act of
1965—
(1) $3,500,000,000 for fiscal year 2003;
(2) $4,000,000,000 for fiscal year 2004;
(3) $4,500,000,000 for fiscal year 2005;
(4) $5,000,000,000 for fiscal year 2006;
(5) $5,500,000,000 for fiscal year 2007; and
1152
HR 1 EAS
(6) $6,000,000,000 for fiscal year 2008.
SEC. 1004. SENSE OF THE SENATE REGARDING EDUCATION
OPPORTUNITY TAX RELIEF.
(a) FINDINGS.—The Senate finds the following:
(1) Improving the education of our children is
an essential and important responsibility facing this
country.
(2) Strong parental involvement is a cornerstone
for academic success; it is parents who know and un-
derstand the special, individual needs of their own
children.
(3) Advanced technology has fueled unprece-
dented economic growth and positively transformed
the way Americans conduct business and commu-
nicate with each other.
(4) Families will need ready access to the tech-
nical tools and skills necessary for their school age
children to succeed in the classroom and the increas-
ingly competitive international marketplace.
(5) Studies have shown that the presence of a
computer in the home has a positive impact on a stu-
dent’s level of academic achievement and performance
in school.
(6) Tax relief, enabling the purchase of tech-
nology and tutorial services for K–12 education pur-
1153
HR 1 EAS
poses, would significantly help defray the cost of edu-
cation expenses by: Empowering families financially
and increasing education spending; allowing families
to provide their children access to a far greater range
of educational opportunities suited to their individual
needs; and bridging the digital divide.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that Congress and the President should—
(1) act expeditiously to pass legislation in the
First Session of the One Hundred Seventh Congress
that provides tax relief to parents of K–12 students
for the cost of their children’s education-related ex-
penses, specifically, computers, peripherals and com-
puter-related technology, educational software, Inter-
net access and tutoring services; and
(2) that such tax relief would not apply toward
the cost of private school tuition.
SEC. 1005. SENSE OF THE SENATE REGARDING TAX RELIEF
FOR ELEMENTARY AND SECONDARY EDU-
CATORS.
(a) FINDINGS.—The Senate finds the following:
(1) The average salary for an elementary and
secondary school teacher in the United States with a
Master’s degree and 16 years of experience is approxi-
mately $40,582.
1154
HR 1 EAS
(2) The average starting salary for teachers in
the United States is $26,000.
(3) Our educators make many personal and fi-
nancial sacrifices to educate our youth.
(4) Teachers spend on average $408 a year, out
of their own money, to bring educational supplies
into their classrooms.
(5) Educators spend significant money out of
their own pocket every year on professional develop-
ment expenses so they can better educate our youth.
(6) Many educators accrue significant higher
education student loans that must be repaid and
whereas these loans are accrued by educators in order
for them to obtain degrees necessary to become quali-
fied to serve in our Nation’s schools.
(7) As a result of these numerous out of pocket
expenses that our teachers spend every year, and other
factors, 6 percent of the Nation’s teaching force leaves
the profession every year, and 20 percent of all new
hires leave the teaching profession within three years.
(8) This country is in the midst of a teacher
shortage, with estimates that 2.4 million new teachers
will be needed by 2009 because of teacher attrition,
teacher retirement, and increased student enrollment.
1155
HR 1 EAS
(9) The Federal Government can and should
play a role to help alleviate the Nation’s teaching
shortage.
(10) The current tax code provides little recogni-
tion of the fact that our educators spend significant
money out of their own pocket to better the education
of our children.
(11) President Bush has recognized the impor-
tance of providing teachers with additional tax relief,
in recognition of the many financial sacrifices our
teachers make.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that Congress should pass legislation providing elemen-
tary and secondary level educators with additional tax re-
lief in recognition of the many out of pocket, unreimbursed
expenses educators incur to improve the education of our
Nation’s students.
SEC. 1006. SENSE OF THE SENATE; AUTHORIZATION OF AP-
PROPRIATIONS FOR TITLE III OF THE ELE-
MENTARY AND SECONDARY EDUCATION ACT
OF 1965.
(a) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that Congress should appropriate $750,000,000 for fis-
cal year 2002 to carry out part A and part D of title III
1156
HR 1 EAS
of the Elementary and Secondary Education Act of 1965
and thereby—
(1) provide that schools, local educational agen-
cies, and States have the resources they need to assist
all limited English proficient students in attaining
proficiency in the English language, and meeting the
same challenging State content and student perform-
ance standards that all students are expected to meet
in core academic subjects;
(2) provide for the development and implementa-
tion of bilingual education programs and language
instruction educational programs that are tied to sci-
entifically based research, and that effectively serve
limited English proficient students; and
(3) provide for the development of programs that
strengthen and improve the professional training of
educational personnel who work with limited English
proficient students.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out part A and part
D of title III of the Elementary and Secondary Education
Act of 1965—
(1) $1,100,000,000 for fiscal year 2003;
(2) $1,400,000,000 for fiscal year 2004;
(3) $1,700,000,000 for fiscal year 2005;
1157
HR 1 EAS
(4) $2,100,000,000 for fiscal year 2006;
(5) $2,400,000,000 for fiscal year 2007; and
(6) $2,800,000,000 for fiscal year 2008.
SEC. 1007. GRANTS FOR THE TEACHING OF TRADITIONAL
AMERICAN HISTORY AS A SEPARATE SUB-
JECT.
Title IX (as added by section 1001) is amended by
adding at the end the following:
‘‘PART C—TEACHING OF TRADITIONAL AMERICAN
HISTORY
‘‘SEC. 9301. GRANTS FOR THE TEACHING OF TRADITIONAL
AMERICAN HISTORY AS A SEPARATE SUB-
JECT.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated $100,000,000 to enable the Secretary to establish
and implement a program to be known as the ‘Teaching
American History Grant Program’ under which the Sec-
retary shall award grants on a competitive basis to local
educational agencies—
‘‘(1) to carry out activities to promote the teach-
ing of traditional American history in schools as a
separate subject; and
‘‘(2) for the development, implementation, and
strengthening of programs to teach American history
as a separate subject (not as a component of social
1158
HR 1 EAS
studies) within the school curricula, including the im-
plementation of activities to improve the quality of
instruction and to provide professional development
and teacher education activities with respect to Amer-
ican history.
‘‘(b) REQUIRED PARTNERSHIP.—A local educational
agency that receives a grant under subsection (a) shall
carry out activities under the grant in partnership with
1 or more of the following:
‘‘(1) An institution of higher education.
‘‘(2) A non-profit history or humanities organi-
zation.
‘‘(3) A library or museum.’’.
SEC. 1008. STUDY AND INFORMATION.
(a) STUDY.—
(1) IN GENERAL.—The Director of the National
Institutes of Health and the Secretary of Education
jointly shall—
(A) conduct a study regarding how exposure
to violent entertainment (such as movies, music,
television, Internet content, video games, and ar-
cade games) affects children’s cognitive develop-
ment and educational achievement; and
(B) submit a final report to Congress re-
garding the study.
1159
HR 1 EAS
(2) PLAN.—The Director and the Secretary
jointly shall submit to Congress, not later than 6
months after the date of enactment of this Act, a plan
for the conduct of the study.
(3) INTERIM REPORTS.—The Director and the
Secretary jointly shall submit to Congress annual in-
terim reports regarding the study until the final re-
port is submitted under paragraph (1)(B).
(b) INFORMATION.—Section 411(b)(3) of the National
Education Statistics Act of 1994 (20 U.S.C. 9010(b)(3) et
seq.) is amended by adding at the end the following: ‘‘Not-
withstanding the preceding sentence, in carrying out the
National Assessment the Commissioner shall gather data re-
garding how much time children spend on various forms
of entertainment, such as movies, music, television, Internet
content, video games, and arcade games.’’.
SEC. 1009. SENSE OF THE SENATE REGARDING TRANS-
MITTAL OF S. 27 TO HOUSE OF REPRESENTA-
TIVES.
(a) FINDINGS.—The Senate finds that—
(1) on April 2, 2001, the Senate of the United
States passed S. 27, the Bipartisan Campaign Re-
form Act of 2001, by a vote of 59 to 41;
(2) it has been over 30 days since the Senate
moved to third reading and final passage of S. 27;
1160
HR 1 EAS
(3) it was then in order for the bill to be en-
grossed and officially delivered to the House of Rep-
resentatives of the United States;
(4) the precedents and traditions of the Senate
dictate that bills passed by the Senate are routinely
sent in a timely manner to the House of Representa-
tives;
(5) the will of the majority of the Senate, having
voted in favor of campaign finance reform is being
unduly thwarted;
(6) the American people are taught that when a
bill passes one body of Congress, it is routinely sent
to the other body for consideration; and
(7) the delay in sending S. 27 to the House of
Representatives appears to be an arbitrary action
taken to deliberately thwart the will of the majority
of the Senate.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Secretary of the Senate should properly engross
and deliver S. 27 to the House of Representatives without
any intervening delay.
1161
HR 1 EAS
SEC. 1010. SENSE OF THE SENATE; AUTHORIZATION OF AP-
PROPRIATIONS FOR TITLE I OF THE ELEMEN-
TARY AND SECONDARY EDUCATION ACT OF
1965.
(a) SENSE OF THE SENATE.—Congress finds that—
(1) Congress should continue toward the goal of
providing the necessary funding for afterschool pro-
grams by appropriating the authorized level of
$1,500,000,000 for fiscal year 2002 to carry out part
F of title I of the Elementary and Secondary Edu-
cation Act of 1965;
(2) this funding should be the benchmark for fu-
ture years in order to reach the goal of providing aca-
demically enriched activities during after school hours
for the 7,000,000 children in need.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out part F of title
I of the Elementary and Secondary Education Act of
1965—
(1) $2,000,000,000 for fiscal year 2003;
(2) $2,500,000,000 for fiscal year 2004;
(3) $3,000,000,000 for fiscal year 2005;
(4) $3,500,000,000 for fiscal year 2006;
(5) $4,000,000,000 for fiscal year 2007; and
(6) $4,500,000,000 for fiscal year 2008.
1162
HR 1 EAS
SEC. 1011. EXCELLENCE IN ECONOMIC EDUCATION.
Title IX, as amended by section 1001, is further
amended by adding at the end the following:
‘‘PART D—EXCELLENCE IN ECONOMIC
EDUCATION
‘‘SEC. 9401. SHORT TITLE; FINDINGS.
‘‘(a) SHORT TITLE.—This part may be cited as the
‘‘Excellence in Economic Education Act of 2001’’.
‘‘(b) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) The need for economic literacy in the
United States has grown exponentially in the 1990’s
as a result of rapid technological advancements and
increasing globalization, giving individuals in the
United States more numerous and complex economic
and financial choices than ever before as members of
the workforce, managers of their families’ resources,
and voting citizens.
‘‘(2) Studies show that many individuals in the
United States lack essential knowledge in personal fi-
nance and economic literacy.
‘‘(3) A 1998-1999 test conducted by the National
Council on Economic Education pointed out that
many individuals in the United States believe that
there is a need for our Nation’s youth to possess an
understanding of personal finance and economic
1163
HR 1 EAS
principles, with 96 percent of adults tested believing
that basic economics should be taught in secondary
school.
‘‘SEC. 9402. EXCELLENCE IN ECONOMIC EDUCATION.
‘‘(a) PURPOSE.—The purpose of this part is to pro-
mote economic and financial literacy among all United
States students in kindergarten through grade 12 by award-
ing a competitive grant to a national nonprofit educational
organization that has as its primary purpose the improve-
ment of the quality of student understanding of personal
finance and economics.
‘‘(b) GOALS.—The goals of this part are—
‘‘(1) to increase students’ knowledge of and
achievement in economics to enable the students to be-
come more productive and informed citizens;
‘‘(2) to strengthen teachers’ understanding of and
competency in economics to enable the teachers to in-
crease student mastery of economic principles and
their practical application;
‘‘(3) to encourage economic education research
and development, to disseminate effective instruc-
tional materials, and to promote replication of best
practices and exemplary programs that foster eco-
nomic literacy;
1164
HR 1 EAS
‘‘(4) to assist States in measuring the impact of
education in economics, which is 1 of 9 national core
content areas described in section 306(c) of the Goals
2000: Educate America Act (20 U.S.C. 5886(c)); and
‘‘(5) to leverage and expand private and public
support for economic education partnerships at na-
tional, State, and local levels.
‘‘SEC. 9403. GRANT PROGRAM AUTHORIZED.
‘‘(a) COMPETITIVE GRANT PROGRAM
FOR EXCEL-
LENCE IN ECONOMIC EDUCATION.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to award a competitive grant to a national nonprofit
educational organization that has as its primary pur-
pose the improvement of the quality of student under-
standing of personal finance and economics through
effective teaching of economics in the Nation’s class-
rooms (referred to in this section as the ‘grantee’).
‘‘(2) USE OF GRANT FUNDS.—
‘‘(A) ONE-QUARTER.—The grantee shall use
1⁄4 of the funds made available through the grant
and not reserved under subsection (f) for a fiscal
year—
‘‘(i) to strengthen and expand the
grantee’s relationships with State and local
1165
HR 1 EAS
personal finance, entrepreneurial, and eco-
nomic education organizations;
‘‘(ii) to support and promote training,
of teachers who teach a grade from kinder-
garten through grade 12, regarding econom-
ics, including the dissemination of informa-
tion on effective practices and research find-
ings regarding the teaching of economics;
‘‘(iii) to support research on effective
teaching practices and the development of
assessment instruments to document student
performance; and
‘‘(iv) to develop and disseminate ap-
propriate materials to foster economic lit-
eracy.
‘‘(B) THREE-QUARTERS.—The grantee shall
use 3⁄4 of the funds made available through the
grant for a fiscal year to award grants to State
or local school boards, and State or local eco-
nomic, personal finance, or entrepreneurial edu-
cation organizations (which shall be referred to
in this section as a ‘recipient’). The grantee shall
award such a grant to pay for the Federal share
of the cost of enabling the recipient to work in
partnership with 1 or more of the entities de-
1166
HR 1 EAS
scribed in paragraph (3) for 1 or more of the fol-
lowing purposes:
‘‘(i) Collaboratively establishing and
conducting teacher training programs that
use effective and innovative approaches to
the teaching of economics, personal finance,
and entrepreneurship.
‘‘(ii) Providing resources to school dis-
tricts that want to incorporate economics
and personal finance into the curricula of
the schools in the districts.
‘‘(iii) Conducting evaluations of the
impact of economic and financial literacy
education on students.
‘‘(iv) Conducting economic and finan-
cial literacy education research.
‘‘(v) Creating and conducting school-
based student activities to promote con-
sumer, economic, and personal finance edu-
cation, such as saving, investing, and entre-
preneurial education, and to encourage
awareness and student achievement in eco-
nomics.
1167
HR 1 EAS
‘‘(vi) Encouraging replication of best
practices to encourage economic and finan-
cial literacy.
‘‘(C) 
ADDITIONAL
REQUIREMENTS
AND
TECHNICAL ASSISTANCE.—The grantee shall—
‘‘(i) meet such other requirements as
the Secretary determines to be necessary to
assure compliance with this section; and
‘‘(ii) provide such technical assistance
as may be necessary to carry out this sec-
tion.
‘‘(3) PARTNERSHIP ENTITIES.—The entities re-
ferred to in paragraph (2)(B) are the following:
‘‘(A) A private sector entity.
‘‘(B) A State educational agency.
‘‘(C) A local educational agency.
‘‘(D) An institution of higher education.
‘‘(E) Another organization promoting eco-
nomic development.
‘‘(F) Another organization promoting edu-
cational excellence.
‘‘(G) Another organization promoting per-
sonal finance or entrepreneurial education.
‘‘(4) ADMINISTRATIVE COSTS.—The grantee and
each recipient receiving a grant under this section for
1168
HR 1 EAS
a fiscal year may use not more than 25 percent of the
funds made available through the grant for adminis-
trative costs.
‘‘(b) TEACHER TRAINING PROGRAMS.—In carrying
out the teacher training programs described in subsection
(a)(2)(B) a recipient shall—
‘‘(1) train teachers who teach a grade from kin-
dergarten through grade 12; and
‘‘(2) encourage teachers from disciplines other
than economics and financial literacy to participate
in such teacher training programs, if the training
will promote the economic and financial literacy of
their students.
‘‘(c) INVOLVEMENT
OF BUSINESS COMMUNITY.—In
carrying out the activities assisted under this part the
grantee and recipients are strongly encouraged to—
‘‘(1) include interactions with the local business
community to the fullest extent possible, to reinforce
the connection between economic and financial lit-
eracy and economic development; and
‘‘(2) work with private businesses to obtain
matching contributions for Federal funds and assist
recipients in working toward self-sufficiency.
‘‘(d) FEDERAL SHARE.—
1169
HR 1 EAS
‘‘(1) IN GENERAL.—The Federal share of the cost
described in subsection (a)(2)(B) shall be 50 percent.
‘‘(2) NON-FEDERAL
SHARE.—The non-Federal
share may be paid in cash or in kind, fairly evalu-
ated, including plant, equipment, or services.
‘‘(e) APPLICATIONS.—
‘‘(1) GRANTEE.—To be eligible to receive a grant
under this section, the grantee shall submit to the Sec-
retary an application at such time, in such manner,
and accompanied by such information as the Sec-
retary may require.
‘‘(2) RECIPIENTS.—
‘‘(A) IN GENERAL.—To be eligible to receive
a grant under this section, a recipient shall sub-
mit an application to the grantee at such time,
in such manner, and accompanied by such infor-
mation as the grantee may require.
‘‘(B) REVIEW.—The grantee shall invite the
individuals described in subparagraph (C) to re-
view all applications from recipients for a grant
under this section and to make recommendations
to the grantee regarding the funding of the appli-
cations.
‘‘(C) INDIVIDUALS.—The individuals re-
ferred to in subparagraph (B) are the following:
1170
HR 1 EAS
‘‘(i) Leaders in the fields of economics
and education.
‘‘(ii) Such other individuals as the
grantee determines to be necessary, espe-
cially members of the State and local busi-
ness, banking, and finance community.
‘‘(f) SUPPLEMENT AND NOT SUPPLANT.—Funds ap-
propriated under this section shall be used to supplement
and not supplant other Federal, State, and local funds ex-
pended for the purpose described in section 9302(a).
‘‘(g) REPORT.—The Secretary shall prepare and sub-
mit to the appropriate committees of Congress a report re-
garding activities assisted under this section not later than
2 years after the date funds are first appropriated under
subsection (h) and every 2 years thereafter.
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this part
$10,000,000 for fiscal year 2002, and such sums as may
be necessary for each of the 4 succeeding fiscal years.’’.
SEC. 1012. LOAN FORGIVENESS FOR HEAD START TEACH-
ERS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Loan Forgiveness for Head Start Teachers Act of 2001’’.
1171
HR 1 EAS
(b) HEAD START TEACHERS.—Section 428J of the
Higher Education Act of 1965 (20 U.S.C 1078–10) is
amended—
(1) in subsection (b), by amending paragraph
(1) to read as follows:
‘‘(1)(A) has been employed—
‘‘(i) as a full-time teacher for 5 consecutive
complete school years in a school that qualifies
under section 465(a)(2)(A) for loan cancellation
for Perkins loan recipients who teach in such a
school; or
‘‘(ii) as a Head Start teacher for 5 consecu-
tive complete program years under the Head
Start Act; and
‘‘(B)(i) if employed as a secondary school teach-
er, is teaching a subject area that is relevant to the
borrower’s academic major as certified by the chief
administrative officer of the public or nonprofit pri-
vate secondary school in which the borrower is em-
ployed;
‘‘(ii) if employed as an elementary school teach-
er, has demonstrated, as certified by the chief admin-
istrative officer of the public or nonprofit private ele-
mentary school in which the borrower is employed,
knowledge and teaching skills in reading, writing,
1172
HR 1 EAS
mathematics, and other areas of the elementary school
curriculum; and
‘‘(iii) if employed as a Head Start teacher, has
demonstrated knowledge and teaching skills in read-
ing, writing, early childhood development, and other
areas of a preschool curriculum, with a focus on cog-
nitive learning; and’’;
(2) in subsection (g), by adding at the end the
following:
‘‘(3) HEAD START.—An individual shall be eligi-
ble for loan forgiveness under this section for service
described in clause (ii) of subsection (b)(1)(A) only if
such individual received a baccalaureate or graduate
degree on or after the date of enactment of the Loan
Forgiveness for Head Start Teachers Act of 2001.’’;
and
(3) by adding at the end the following:
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary for fiscal year 2007 and succeeding fiscal years to
carry out loan repayment under this section for service de-
scribed in clause (ii) of subsection (b)(1)(A).’’.
(c) CONFORMING AMENDMENTS.—Section 428J of such
Act (20 U.S.C. 1078–10) is amended—
1173
HR 1 EAS
(1) in subsection (c)(1), by inserting ‘‘or fifth
complete program year’’ after ‘‘fifth complete school
year of teaching’’;
(2) in subsection (f), by striking ‘‘subsection (b)’’
and inserting ‘‘subsection (b)(1)(A)(i)’’;
(3) in subsection (g)(1)(A), by striking ‘‘sub-
section 
(b)(1)(A)’’ 
and 
inserting 
‘‘subsection
(b)(1)(A)(i)’’; and
(4) in subsection (h), by inserting ‘‘except as
part of the term ‘program year’,’’ before ‘‘where’’.
(d) DIRECT STUDENT LOAN FORGIVENESS.—
(1) IN
GENERAL.—Section 460 of the Higher
Education Act of 1965 (20 U.S.C 1087j) is
amended—
(A) in subsection (b)(1), by amending sub-
paragraph (A) to read as follows:
‘‘(A)(i) has been employed—
‘‘(I) as a full-time teacher for 5 con-
secutive complete school years in a school
that qualifies under section 465(a)(2)(A) for
loan cancellation for Perkins loan recipients
who teach in such a school; or
‘‘(II) as a Head Start teacher for 5
consecutive complete program years under
the Head Start Act; and
1174
HR 1 EAS
‘‘(ii)(I) if employed as a secondary school
teacher, is teaching a subject area that is rel-
evant to the borrower’s academic major as cer-
tified by the chief administrative officer of the
public or nonprofit private secondary school in
which the borrower is employed;
‘‘(II) if employed as an elementary school
teacher, has demonstrated, as certified by the
chief administrative officer of the public or non-
profit private elementary school in which the
borrower is employed, knowledge and teaching
skills in reading, writing, mathematics, and
other areas of the elementary school curriculum;
and
‘‘(III) if employed as a Head Start teacher,
has demonstrated knowledge and teaching skills
in reading, writing, early childhood development,
and other areas of a preschool curriculum, with
a focus on cognitive learning; and’’;
(B) in subsection (g), by adding at the end
the following:
‘‘(3) HEAD START.—An individual shall be eligi-
ble for loan forgiveness under this section for service
described in subclause (II) of subsection (b)(1)(A)(i)
only if such individual received a baccalaureate or
1175
HR 1 EAS
graduate degree on or after the date of enactment of
the Loan Forgiveness for Head Start Teachers Act of
2001.’’; and
(C) by adding at the end the following:
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary for fiscal year 2007 and succeeding fiscal years to
carry out loan repayment under this section for service de-
scribed in subclause (II) of subsection (b)(1)(A)(i).’’.
(2) CONFORMING AMENDMENTS.—Section 460 of
such Act (20 U.S.C. 1087j) is amended—
(A) in subsection (c)(1), by inserting ‘‘or
fifth complete program year’’ after ‘‘fifth com-
plete school year of teaching’’;
(B) in subsection (f), by striking ‘‘subsection
(b)’’ and inserting ‘‘subsection (b)(1)(A)(i)(I)’’;
(C) in subsection (g)(1)(A), by striking
‘‘subsection (b)(1)(A)’’ and inserting ‘‘subsection
(b)(1)(A)(i)(I)’’; and
(D) in subsection (h), by inserting ‘‘except
as part of the term ‘program year’,’’ before
‘‘where’’.
SEC. 1013. SENSE OF THE SENATE REGARDING THE BENE-
FITS OF MUSIC AND ARTS EDUCATION.
(a) FINDINGS.—The Senate finds that—
1176
HR 1 EAS
(1) there is a growing body of scientific research
demonstrating that children who receive music in-
struction perform better on spatial-temporal rea-
soning tests and proportional math problems;
(2) music education grounded in rigorous aca-
demic instruction is an important component of a
well-rounded academic program;
(3) opportunities in music and the arts have en-
abled children with disabilities to participate more
fully in school and community activities;
(4) music and the arts can motive at-risk stu-
dents to stay in school and become active participants
in the educational process;
(5) according to the College Board, college-bound
high school seniors in 1998 who received music or
arts instruction scored 57 points higher on the verbal
portion of the Scholastic Aptitude test and 43 points
higher on the math portion of the test than college-
bound seniors without any music or arts instruction;
(6) a 1999 report by the Texas Commission on
Drug and Alcohol Abuse states that individuals who
participated in band, choir, or orchestra reported the
lowest levels of current and lifelong use of alcohol, to-
bacco, and illicit drugs; and
1177
HR 1 EAS
(7) comprehensive sequential music education in-
struction enhances early brain development and im-
proves cognitive and communicative skills, self-dis-
cipline, and creativity.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) music and arts education enhances intellec-
tual development and enriches the academic environ-
ment for children of all ages; and
(2) music and arts educators greatly contribute
to the artistic, intellectual, and social development of
the children of our Nation, and play a key role in
helping children to succeed in school.
SEC. 1014. SENSE OF THE SENATE CONCERNING POSTAL
RATES FOR EDUCATIONAL MATERIALS.
(a) FINDINGS.—The Senate finds that—
(1) the President and Congress both agree that
education is of the highest domestic priority;
(2) access to education is a basic right for all
Americans regardless of age, race, economic status or
geographic boundary;
(3) reading is the foundation of all educational
pursuits;
(4) the objective of schools, libraries, literacy pro-
grams, and early childhood development programs is