Union Calendar No. 325
103D CONGRESS
2D SESSION
H. R. 6
[Report No. 103–425]
A BILL
To extend for six years the authorizations of appro-
priations for the programs under the Elementary
and Secondary Education Act of 1965, and for
certain other purposes.
FEBRUARY 16, 1994
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 325
103D CONGRESS
2D SESSION
H. R. 6
[Report No. 103–425]
To extend for six years the authorizations of appropriations for the programs
under the Elementary and Secondary Education Act of 1965, and for
certain other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. KILDEE (for himself, Mr. FORD of Michigan, and Mr. GOODLING) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor
OCTOBER 22, 1993
Additional sponsors: Mrs. UNSOELD, Ms. BYRNE, Mr. GUTIERREZ, Mr. DICK-
EY, Mr. GENE GREEN of Texas, Mr. TRAFICANT, Mr. CLAY, Mr. MAR-
TINEZ, Mr. JEFFERSON, Mr. SCOTT, Mr. ROMERO-BARCELO´, Mr. PETER-
SON
of Minnesota, Mr. DURBIN, Mr. PENNY, Mr. TOWNS, Mrs.
MALONEY, Mr. KLINK, Mrs. CLAYTON, Mr. LAFALCE, Mr. MINETA, Mr.
RANGEL, Mr. FROST, Mr. FILNER, Mr. HASTINGS, Mr. MILLER of Cali-
fornia, Mr. PARKER, Mr. PAYNE of New Jersey, Miss COLLINS of Michi-
gan, Mr. BLACKWELL, Mr. FAZIO, Mr. HUGHES, Mr. INSLEE, and Mr.
STUPAK
FEBRUARY 16, 1994
Additional sponsors: Mr. MCCLOSKEY, Mr. ENGEL, and Mr. MARKEY
FEBRUARY 16, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 5, 1993]
A BILL
To extend for six years the authorizations of appropriations
for the programs under the Elementary and Secondary
Education Act of 1965, and for certain other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Improving America’s Schools Act of 1994’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title.
Sec. 2. Effective dates; transition.
TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965
Sec. 101. Amendments to the Elementary and Secondary Education Act of 1965.
‘‘Sec. 1. Short title.
‘‘TITLE I—IMPROVED EDUCATION FOR DISADVANTAGED CHILDREN
‘‘Sec. 1001. Declaration of policy and statement of purpose.
‘‘Sec. 1002. Authorization of appropriations.
‘‘PART A—BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS
‘‘Sec. 1111. State plans.
‘‘Sec. 1112. Local educational agency plans.
‘‘Sec. 1113. Eligible school attendance areas.
‘‘Sec. 1114. Schoolwide programs.
‘‘Sec. 1115. Targeted assistance schools.
‘‘Sec. 1116. Assessment and school and local educational agency improve-
ment.
‘‘Sec. 1117. State assistance for school support and improvement.
‘‘Sec. 1118. Parental involvement.
‘‘Sec. 1119. Professional development.
‘‘Sec. 1120. Participation of children enrolled in private schools.
‘‘Sec. 1121. Fiscal requirements.
‘‘SUBPART 2—ALLOCATIONS
‘‘Sec. 1122. Grants for the outlying areas and the Secretary of the Interior.
‘‘Sec. 1123. Allocations to States.
‘‘Sec. 1124. Basic grants to local educational agencies.
‘‘Sec. 1124A. Concentration grants to local educational agencies.
‘‘Sec. 1125. Targeted grants to local educational agencies.
‘‘Sec. 1126. Special allocation procedures.
‘‘Sec. 1127. Carryover and waiver.
‘‘PART B—EVEN START FAMILY LITERACY PROGRAMS
‘‘Sec. 1201. Statement of purpose.
‘‘Sec. 1202. Program authorized.
‘‘Sec. 1203. State programs.
‘‘Sec. 1204. Uses of funds.
‘‘Sec. 1205. Program elements.
‘‘Sec. 1206. Eligible participants.
‘‘Sec. 1207. Applications.
‘‘Sec. 1208. Award of subgrants.
‘‘Sec. 1209. Evaluation.
‘‘PART C—EDUCATION OF MIGRATORY CHILDREN
‘‘Sec. 1301. Program purpose.
‘‘Sec. 1302. Program authorized.
‘‘Sec. 1303. State allocations.
‘‘Sec. 1304. State applications; services.
‘‘Sec. 1305. Secretarial approval; peer review.
‘‘Sec. 1306. Comprehensive needs assessment and service-delivery plan; au-
thorized activities.
‘‘Sec. 1307. Bypass.
‘‘Sec. 1308. Coordination of migrant education activities.
‘‘Sec. 1309. Distance learning.
‘‘Sec. 1310. Definitions.
‘‘PART D—PREVENTION AND INTERVENTION SERVICES FOR DELINQUENT
YOUTH AND YOUTH AT RISK OF DROPPING OUT
‘‘Sec. 1401. Findings; purpose; program authorized.
‘‘Sec. 1402. Payments for programs under this part.
‘‘SUBPART 1—STATE AGENCY PROGRAMS
‘‘Sec. 1403. Amount of allocation to State.
‘‘Sec. 1404. State plan.
‘‘Sec. 1405. Use of funds.
‘‘Sec. 1406. Institution-wide projects.
‘‘Sec. 1407. Three-year projects.
‘‘Sec. 1408. Transition services.
‘‘SUBPART 2—LOCAL AGENCY PROGRAMS
‘‘Sec. 1410. Programs operated by local educational agencies.
‘‘Sec. 1411. Program evaluations.
‘‘Sec. 1412. Definitions.
‘‘PART E—FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION
PROJECTS
‘‘Sec. 1501. Evaluations.
‘‘Sec. 1502. Demonstrations of innovative practices.
‘‘Sec. 1503. Innovative elementary school transition projects.
‘‘PART F—GENERAL PROVISIONS
‘‘Sec. 1601. Federal regulations.
‘‘Sec. 1602. Coordination of Federal, State, and local administration.
‘‘Sec. 1603. State administration.
‘‘TITLE II—IMPROVING TEACHING AND LEARNING
‘‘PART A—DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
‘‘Sec. 2101. Findings.
‘‘Sec. 2102. Purposes.
‘‘Sec. 2103. Authorization of appropriations; allocation between subparts.
‘‘SUBPART 1—FEDERAL ACTIVITIES
‘‘Sec. 2111. Program authorized.
‘‘Sec. 2112. Authorized activities.
‘‘SUBPART 2—STATE AND LOCAL ACTIVITIES
‘‘Sec. 2121. Program authorized.
‘‘Sec. 2122. Allocation of funds.
‘‘Sec. 2123. Within-state allocations.
‘‘Sec. 2124. State applications.
‘‘Sec. 2125. State-level activities.
‘‘Sec. 2126. Local plan and application for improving teaching and learn-
ing.
‘‘Sec. 2127. Local cost sharing.
‘‘Sec. 2128. Local allocation of funds and allowable activities.
‘‘Sec. 2129. Higher education activities.
‘‘SUBPART 3—GENERAL PROVISIONS
‘‘Sec. 2131. Reporting and accountability.
‘‘Sec. 2132. Definitions.
‘‘PART B—TECHNOLOGY EDUCATION ASSISTANCE
‘‘SUBPART 1—ASSISTANCE TO STATE AND LOCAL EDUCATIONAL AGENCIES
‘‘Sec. 2201. Short title.
‘‘Sec. 2202. Findings.
‘‘Sec. 2203. Statement of purpose.
‘‘Sec. 2204. Definitions.
‘‘Sec. 2205. In-State apportionment.
‘‘Sec. 2206. Elementary and secondary education programs.
‘‘Sec. 2207. Higher education programs.
‘‘Sec. 2208. Library and literacy programs.
‘‘Sec. 2209. State educational technology plan.
‘‘Sec. 2210. Local educational technology plan.
‘‘Sec. 2211. Federal administration.
‘‘Sec. 2212. Allocation of funds.
‘‘Sec. 2213. Authorization of appropriations.
‘‘SUBPART 2—RESEARCH, DEVELOPMENT, AND DEMONSTRATION OF
EDUCATIONAL TECHNOLOGY
‘‘Sec. 2214. Findings and purposes.
‘‘Sec. 2215. Office of educational technology.
‘‘Sec. 2216. National long-range plan.
‘‘Sec. 2217. Federal leadership.
‘‘Sec. 2218. Authorization of appropriations.
‘‘SUBPART 3—STAR SCHOOLS PROGRAM
‘‘Sec. 2219. Findings.
‘‘Sec. 2220. Statement of purpose.
‘‘Sec. 2221. Program authorized.
‘‘Sec. 2222. Eligible entities.
‘‘Sec. 2223. Applications.
‘‘Sec. 2224. Leadership and evaluation activities.
‘‘Sec. 2225. Definitions.
‘‘SUBPART 4—DEVELOPMENT OF EDUCATIONAL TECHNOLOGY PRODUCTS
‘‘Sec. 2226. Educational technology product development.
‘‘PART C—LIBRARY MEDIA PROGRAM
‘‘Sec. 2231. Establishment of program.
‘‘Sec. 2232. Allocation to States.
‘‘Sec. 2233. State plans.
‘‘Sec. 2234. Distribution of allocation to local educational agencies.
‘‘Sec. 2235. Authorization of appropriations.
‘‘PART D—SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS
‘‘Sec. 2341. Findings.
‘‘Sec. 2342. Purpose.
‘‘Sec. 2343. Programs authorized.
‘‘Sec. 2344. Requirements of comprehensive assistance centers.
‘‘Sec. 2345. Duties of comprehensive assistance centers.
‘‘Sec. 2346. Maintenance of service.
‘‘Sec. 2347. State-based activities.
‘‘Sec. 2348. Program priorities.
‘‘Sec. 2349. Technology-based technical assistance.
‘‘Sec. 2350. Administration.
‘‘Sec. 2351. Authorization of appropriations.
‘‘PART E—EDUCATION PROGRAM STRATEGIES
‘‘Sec. 2401. Findings and Statement of purpose.
‘‘Sec. 2402. Authorization of appropriations; duration of assistance.
‘‘SUBPART 1—STATE AND LOCAL PROGRAMS
‘‘Sec. 2411. Allotment to States.
‘‘Sec. 2412. Allocation to local educational agencies.
‘‘SUBPART 2—STATE PROGRAMS
‘‘Sec. 2421. State uses of funds.
‘‘Sec. 2423. State applications.
‘‘SUBPART 3—LOCAL TARGETED ASSISTANCE PROGRAMS
‘‘Sec. 2431. Targeted use of funds.
‘‘Sec. 2432. Administrative authority.
‘‘Sec. 2433. Local applications.
‘‘SUBPART 4—21ST CENTURY COMMUNITY LEARNING CENTERS
‘‘Sec. 2441. Findings.
‘‘Sec. 2442. Funds for community learning centers.
‘‘Sec. 2443. Programs.
‘‘Sec. 2444. Requirements.
‘‘Sec. 2445. Definition.
‘‘TITLE III—EXPANDING OPPORTUNITIES FOR LEARNING
‘‘PART A—FUND FOR THE IMPROVEMENT OF EDUCATION
‘‘Sec. 3201. Fund for the improvement of education.
‘‘PART B—GIFTED AND TALENTED CHILDREN
‘‘Sec. 3301. Short title.
‘‘Sec. 3302. Findings and purposes.
‘‘Sec. 3303. Definitions.
‘‘Sec. 3304. Authorized programs.
‘‘Sec. 3305. Program priorities.
‘‘Sec. 3306. General provisions.
‘‘Sec. 3307. Administration.
‘‘Sec. 3308. Authorization of appropriations.
‘‘PART C—PUBLIC CHARTER SCHOOLS
‘‘Sec. 3401. Purpose.
‘‘Sec. 3402. Program authorized.
‘‘Sec. 3403. Applications.
‘‘Sec. 3404. Selection of grantees; waivers.
‘‘Sec. 3405. Uses of funds.
‘‘Sec. 3406. National activities.
‘‘Sec. 3407. Definitions.
‘‘Sec. 3408. Authorization of appropriations.
‘‘PART D—ARTS IN EDUCATION
‘‘SUBPART 1—SUPPORT FOR ARTS EDUCATION
‘‘Sec. 3501. Support for arts education.
‘‘SUBPART 2—COMMUNITY ARTS
‘‘Sec. 3502. Short title.
‘‘PART E—INEXPENSIVE BOOK DISTRIBUTION PROGRAM
‘‘Sec. 3601. Inexpensive book distribution program for reading motivation.
‘‘PART F—CIVIC EDUCATION
‘‘Sec. 3701. Instruction on the history and principles of democracy in the
United States.
‘‘Sec. 3702. Instruction in civics, Government, and the law.
‘‘Sec. 3703. Report; authorization of appropriations.
‘‘PART G—NATIVE HAWAIIAN EDUCATION
‘‘Sec. 3801. Short title.
‘‘Sec. 3802. Findings.
‘‘Sec. 3803. Purpose.
‘‘Sec. 3804. Native Hawaiian Education Council.
‘‘Sec. 3805. Native Hawaiian Language Immersion Project.
‘‘Sec. 3806. Native Hawaiian family-based education centers.
‘‘Sec. 3807. Native Hawaiian Higher Education Demonstration Program.
‘‘Sec. 3808. Native Hawaiian Gifted and Talented Demonstration Program.
‘‘Sec. 3809. Native Hawaiian Special Education Program.
‘‘Sec. 3810. Administrative provisions.
‘‘Sec. 3811. Definitions.
‘‘PART H—ALLEN J. ELLENDER FELLOWSHIP PROGRAM
‘‘Sec. 3901. Findings.
‘‘SUBPART 1—PROGRAM FOR MIDDLE AND SECONDARY SCHOOL STUDENTS
‘‘Sec. 3911. Establishment.
‘‘Sec. 3912. Applications.
‘‘SUBPART 2—PROGRAM FOR MIDDLE AND SECONDARY SCHOOL TEACHERS
‘‘Sec. 3915. Establishment.
‘‘Sec. 3916. Applications.
‘‘SUBPART 3—PROGRAMS FOR RECENT IMMIGRANTS, STUDENTS OF MIGRANT
PARENTS AND OLDER AMERICANS
‘‘Sec. 3921. Establishment.
‘‘Sec. 3922. Applications.
‘‘SUBPART 4—GENERAL PROVISIONS
‘‘Sec. 3925. Administrative provisions.
‘‘Sec. 3926. Authorization of appropriations.
‘‘PART I—TERRITORIAL EDUCATION IMPROVEMENT PROGRAM
‘‘Sec. 3931. Findings and purposes.
‘‘Sec. 3932. Grant authorization.
‘‘Sec. 3933. Restrictions.
‘‘Sec. 3934. Authorization.
‘‘TITLE IV—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
‘‘Sec. 4001. Short title.
‘‘Sec. 4002. Findings.
‘‘Sec. 4003. Purpose.
‘‘Sec. 4004. Funding.
‘‘PART A—STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
‘‘Sec. 4101. Reservations and allotments.
‘‘Sec. 4102. State applications.
‘‘Sec. 4103. State and local educational agency programs.
‘‘Sec. 4104. Local applications.
‘‘Sec. 4105. Local drug and violence prevention programs.
‘‘Sec. 4106. Evaluation and reporting.
‘‘PART B—NATIONAL PROGRAMS
‘‘Sec. 4201. Federal activities.
‘‘Sec. 4202. Programs for Native Hawaiians.
‘‘PART C—GENERAL PROVISIONS
‘‘Sec. 4301. Definitions.
‘‘Sec. 4302. Materials.
‘‘Sec. 4303. Prohibited uses of funds.
‘‘Sec. 4304. Certification of drug and alcohol abuse prevention programs.
‘‘TITLE V—MAGNET SCHOOLS ASSISTANCE
‘‘PART A—PROMOTING EQUITY
‘‘Sec. 5101. Findings.
‘‘Sec. 5102. Statement of purpose.
‘‘Sec. 5103. Program authorized.
‘‘Sec. 5104. Definition.
‘‘Sec. 5105. Eligibility.
‘‘Sec. 5106. Applications and requirements.
‘‘Sec. 5107. Priority.
‘‘Sec. 5108. Use of funds.
‘‘Sec. 5109. Prohibitions.
‘‘Sec. 5110. Limitation on payments.
‘‘Sec. 5111. Authorization of appropriations; reservation.
‘‘PART B—EQUALIZATION ASSISTANCE
‘‘Sec. 5201. Technical and other assistance for school finance.
‘‘PART C—WOMEN’S EDUCATIONAL EQUITY ACT
‘‘Sec. 5301. Findings and statement of purpose.
‘‘Sec. 5302. Programs authorized.
‘‘Sec. 5303. Local implementation grants.
‘‘Sec. 5304. Research and development grants.
‘‘Sec. 5305. Authorization of appropriations.
‘‘TITLE VI—INDIAN EDUCATION
‘‘Sec. 6001. Findings.
‘‘Sec. 6002. Purpose.
‘‘PART A—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
‘‘Sec. 6101. Purpose.
‘‘Sec. 6102. Grants to local educational agencies.
‘‘Sec. 6103. Amount of grants.
‘‘Sec. 6104. Applications.
‘‘Sec. 6105. Authorized services and activities.
‘‘Sec. 6106. Student eligibility forms.
‘‘Sec. 6107. Payments.
‘‘PART B—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
‘‘Sec. 6201. Improvement of educational opportunities for Indian children.
‘‘Sec. 6202. Special educational training programs for the teachers of Indian
children.
‘‘Sec. 6203. Fellowships for Indian students.
‘‘Sec. 6204. Gifted and talented.
‘‘Sec. 6205. Tribally Controlled Schools Act.
‘‘PART C—SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS
‘‘Sec. 6301. Improvement of educational opportunities for adult Indians.
‘‘PART D—NATIONAL ACTIVITIES AND GRANTS TO STATES
‘‘Sec. 6401. National activities.
‘‘Sec. 6402. State educational agency review.
‘‘PART E—FEDERAL ADMINISTRATION
‘‘Sec. 6501. Office of Indian education.
‘‘Sec. 6502. National Advisory Council on Indian Education.
‘‘Sec. 6503. Peer review.
‘‘Sec. 6504. Preference for Indian applicants.
‘‘Sec. 6505. Minimum grant criteria.
‘‘PART F—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
‘‘Sec. 6601. Definitions.
‘‘Sec. 6602. Authorizations of appropriations.
‘‘PART G—BUREAU OF INDIAN AFFAIRS PROGRAMS
‘‘Sec. 6701. Standards for the basic education of Indian children in Bureau
of Indian Affairs schools.
‘‘Sec. 6702. National criteria for dormitory situations.
‘‘Sec. 6703. Regulations.
‘‘Sec. 6704. School boundaries.
‘‘Sec. 6705. Facilities construction.
‘‘Sec. 6706. Bureau of Indian Affairs education functions.
‘‘Sec. 6707. Allotment formula.
‘‘Sec. 6708. Administrative cost grants.
‘‘Sec. 6709. Budget preparation and submission.
‘‘Sec. 6710. Uniform direct funding and support.
‘‘Sec. 6711. Policy for Indian control of Indian education.
‘‘Sec. 6712. Education personnel.
‘‘Sec. 6713. Management information system.
‘‘Sec. 6714. Bureau education policies.
‘‘Sec. 6715. Uniform education procedures and practices.
‘‘Sec. 6716. Recruitment of Indian educators.
‘‘Sec. 6717. Annual report.
‘‘Sec. 6718. Rights of Indian students.
‘‘Sec. 6719. Regulations.
‘‘Sec. 6720. Definitions.
‘‘Sec. 6721. Voluntary services.
‘‘Sec. 6722. Proration of pay.
‘‘Sec. 6723. Extracurricular activities.
‘‘Sec. 6724. Early Childhood Development Program.
‘‘Sec. 6725. Tribal Departments of Education.
‘‘Sec. 6726. Payments.
‘‘TITLE VII—BILINGUAL EDUCATION PROGRAMS
‘‘Sec. 7001. Short title.
‘‘Sec. 7002. Findings, policy, and purpose.
‘‘Sec. 7003. Authorization of appropriations.
‘‘Sec. 7004. Definitions; regulations.
‘‘Sec. 7005. Indian and Alaskan Native children in schools.
‘‘Sec. 7006. Residents of the territories and freely associated nations.
‘‘PART A—BILINGUAL EDUCATION CAPACITY AND DEMONSTRATION GRANTS
‘‘Sec. 7101. Purpose of grants.
‘‘Sec. 7102. Program development and implementation grants.
‘‘Sec. 7103. Program enhancement projects.
‘‘Sec. 7104. Whole-school programs.
‘‘Sec. 7105. System-wide improvement grants.
‘‘Sec. 7106. Applications.
‘‘Sec. 7107. Intensified instruction.
‘‘Sec. 7108. Capacity building.
‘‘Sec. 7109. Subgrants.
‘‘Sec. 7110. Geographic distribution of funds.
‘‘Sec. 7111. Programs in Puerto Rico.
‘‘Sec. 7112. Evaluations.
‘‘PART B—RESEARCH AND DISSEMINATION
‘‘Sec. 7201. Use of funds.
‘‘Sec. 7202. Research.
‘‘Sec. 7203. Academic excellence awards.
‘‘Sec. 7204. State grant program.
‘‘Sec. 7205. National clearinghouse for bilingual education.
‘‘Sec. 7206. Instructional materials development.
‘‘Sec. 7207. Evaluation assistance centers and multifunctional resource cen-
ters.
‘‘PART C—BILINGUAL EDUCATION TEACHER TRAINING
‘‘Sec. 7301. Purpose.
‘‘Sec. 7302. Training for all teachers program.
‘‘Sec. 7303. Bilingual education teachers and personnel grants.
‘‘Sec. 7304. Bilingual education career ladder program.
‘‘Sec. 7305. Graduate fellowships in bilingual education program.
‘‘Sec. 7306. Applications.
‘‘Sec. 7307. Program requirements.
‘‘Sec. 7308. Stipends.
‘‘Sec. 7309. Program evaluations under part C.
‘‘PART D—ADMINISTRATION
‘‘Sec. 7401. Office of bilingual education and minority language affairs.
‘‘Sec. 7402. Release time.
‘‘Sec. 7403. Education technology.
‘‘Sec. 7404. Notification.
‘‘Sec. 7405. Continued eligibility.
‘‘Sec. 7406. Limitation of authority.
‘‘PART E—TRANSITION
‘‘Sec. 7501. Transition provisions.
‘‘PART F—EMERGENCY IMMIGRANT EDUCATION PROGRAM
‘‘Sec. 7601. Purpose.
‘‘Sec. 7602. State administrative costs.
‘‘Sec. 7603. Withholding.
‘‘Sec. 7604. State allocations.
‘‘Sec. 7605. State applications.
‘‘Sec. 7606. Payments.
‘‘Sec. 7607. Uses of funds.
‘‘Sec. 7608. Reports.
‘‘Sec. 7609. Authorization of appropriations.
‘‘TITLE VIII—IMPACT AID
‘‘Sec. 8001. Findings.
‘‘Sec. 8002. Purpose.
‘‘Sec. 8003. Payments relating to Federal acquisition of real property.
‘‘Sec. 8004. Payments for eligible federally connected children.
‘‘Sec. 8005. Policies and procedures relating to children residing on Indian
lands.
‘‘Sec. 8006. Application for payments under sections 8003 and 8004.
‘‘Sec. 8007. Payments for sudden and substantial increases in attendance of
military dependents.
‘‘Sec. 8008. Facilities.
‘‘Sec. 8009. State consideration of payments in providing State aid.
‘‘Sec. 8010. Federal administration.
‘‘Sec. 8011. Administrative hearings and judicial review.
‘‘Sec. 8012. Definitions.
‘‘Sec. 8013. Authorization of appropriations.
‘‘Sec. 8014. Transfer of payments.
‘‘TITLE IX—GENERAL PROVISIONS
‘‘PART A—DEFINITIONS
‘‘Sec. 9101. Definitions.
‘‘Sec. 9102. Applicability of this title.
‘‘Sec. 9103. References in other Acts.
‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
‘‘Sec. 9201. Consolidation of State administrative funds for elementary and
secondary education programs.
‘‘Sec. 9202. Single local educational agency States.
‘‘Sec. 9203. Consolidation of funds for local administration.
‘‘Sec. 9204. Administrative funds study.
‘‘Sec. 9205. Consolidated set-aside for Department of the Interior funds.
‘‘Sec. 9206. Availability of unneeded program funds.
‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL
APPLICATIONS
‘‘Sec. 9301. Purpose.
‘‘Sec. 9302. Optional consolidated State application.
‘‘Sec. 9303. General applicability of State educational agency assurances.
‘‘Sec. 9304. Consolidated local applications.
‘‘Sec. 9305. Other general assurances.
‘‘PART D—WAIVERS
‘‘Sec. 9401. Waivers of statutory and regulatory requirements.
‘‘PART E—UNIFORM PROVISIONS
‘‘Sec. 9501. Maintenance of effort.
‘‘Sec. 9502. Prohibition regarding State aid.
‘‘Sec. 9503. Participation by private school children and teachers.
‘‘Sec. 9504. Standards for by-pass.
‘‘Sec. 9505. Complaint process for participation of private school children.
‘‘Sec. 9506. By-pass determination process.
‘‘Sec. 9507. Prohibition against funds for religious worship or instruction.
‘‘PART F—GUN POSSESSION
‘‘Sec. 9601. Policy for gun possession.
‘‘TITLE X—COORDINATED SERVICES PROJECTS
‘‘Sec. 10001. Findings and purpose.
‘‘Sec. 10002. Definitions.
‘‘Sec. 10003. Project development and implementation.
‘‘Sec. 10004. Uses of funds.
‘‘Sec. 10005. Continuing authority.
‘‘Sec. 10006. Federal agency coordination.
‘‘TITLE XI—SCHOOL FACILITIES IMPROVEMENT ACT
‘‘Sec. 11001. Findings.
‘‘Sec. 11002. Purpose.
‘‘Sec. 11003. Federal assistance in the form of loans.
‘‘Sec. 11004. General provisions.
‘‘Sec. 11005. Definitions.
‘‘Sec. 11006. Authorization.
‘‘TITLE XII—URBAN AND RURAL EDUCATION ASSISTANCE
‘‘PART A—URBAN EDUCATION DEMONSTRATION GRANTS
‘‘Sec. 12000. Authorization of appropriations.
‘‘Sec. 12001. Findings.
‘‘Sec. 12002. Statement of purpose.
‘‘Sec. 12003. Urban education demonstration grants.
‘‘Sec. 12004. Research and evaluation grants.
‘‘Sec. 12005. Use of funds.
‘‘Sec. 12006. Augustus F. Hawkins National Commission on Urban Edu-
cation.
‘‘Sec. 12007. Evaluation.
‘‘PART B—RURAL EDUCATION DEMONSTRATION GRANTS
‘‘Sec. 12101. Findings.
‘‘Sec. 12102. Statement of purpose.
‘‘Sec. 12103. Rural school grants.
‘‘Sec. 12104. Higher education grants.
‘‘Sec. 12105. National Commission on Rural Education.’’.
TITLE II—AMENDMENTS TO THE GENERAL EDUCATION
PROVISIONS ACT
PART A—APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT
Sec. 211. Title; applicability; definitions.
Sec. 212. Repeal and redesignation.
PART B—THE DEPARTMENT OF EDUCATION
Sec. 221. New heading for part A.
‘‘PART A—FUNCTIONS OF THE DEPARTMENT OF EDUCATION’’.
Sec. 222. Office of non-public education.
Sec. 223. General authority of the Secretary.
Sec. 224. Coordination.
PART C—APPROPRIATIONS AND EVALUATIONS
Sec. 230. Forward funding.
Sec. 231. Availability of appropriations.
Sec. 232. Contingent extension of programs.
Sec. 233. State reports.
Sec. 234. Biennial evaluation report.
Sec. 235. Technical amendment.
Sec. 236. Coordination.
PART D—ADMINISTRATION OF EDUCATION PROGRAMS
Sec. 241. Joint funding of programs.
Sec. 242. Collection and dissemination of information.
Sec. 243. Review of applications.
Sec. 244. Technical amendment.
Sec. 245. Use of funds withheld.
Sec. 246. Applications.
Sec. 247. Regulations.
Sec. 248. Records; reduction in retention requirements.
Sec. 249. Release of records.
Sec. 250. Protection of pupil rights.
Sec. 251. Enforcement.
Sec. 252. Technical amendments.
Sec. 253. Equity for students, teachers, and other program beneficiaries.
PART E—RELATED AMENDMENTS TO OTHER ACTS
Sec. 261. Department of Education Organization Act.
TITLE III—AMENDMENTS TO OTHER ACTS
PART A—AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION
ACT
Sec. 311. Allocations under section 611 of the idea.
Sec. 312. Treatment of chapter 1 State agencies.
Sec. 313. Infants and toddlers with disabilities.
PART B—EDUCATION FOR HOMELESS CHILDREN AND YOUTH
Sec. 320. Amendments to table of contents.
‘‘Subtitle A—Adult Education for the Homeless
‘‘Subtitle B—Education for Homeless Children and Youth’’.
Sec. 321. Statement of policy.
‘‘Subtitle A—Adult Education for the Homeless
‘‘Sec. 701. State literacy initiatives.’’.
Sec. 322. Education for homeless children and youth.
‘‘Subtitle B—Education for Homeless Children and Youth
‘‘Sec. 721. Statement of policy.
‘‘Sec. 722. Grants for State and local activities for the education of homeless
children and youth.
‘‘Sec. 723. Local educational agency grants for the education of homeless
children and youth.
‘‘Sec. 724. Secretarial responsibilities.
‘‘Sec. 725. Definitions.
‘‘Sec. 726. Authorization of appropriations.’’.
PART C—IMPACT AID STATUTES
Sec. 331. Amendments to Public Law 815.
‘‘Sec. 2. Portion of appropriations available for payments.
‘‘Sec. 3. Establishment of priorities.
‘‘Sec. 5. Limitation on total payments to any local educational agency.’’.
Sec. 332. Repeal of Public Law 874.
PART D—AMENDMENTS TO ADULT EDUCATION ACT
Sec. 335. Amendments to Adult Education Act.
PART E—AMENDMENTS TO EDUCATION COUNCIL ACT OF 1991
Sec. 341. Findings.
Sec. 342. National writing project.
TITLE IV—NATIONAL EDUCATION STATISTICS
Sec. 401. Short title.
Sec. 402. Findings; purpose; definitions.
Sec. 403. National Center for Education Statistics.
Sec. 404. Duties of the Center.
Sec. 405. Performance of duties.
Sec. 406. Reports.
Sec. 407. Advisory Council on Education Statistics.
Sec. 408. Confidentiality.
Sec. 409. Dissemination.
Sec. 410. Cooperative education statistics systems.
Sec. 411. National assessment of educational progress.
Sec. 412. Authorization of appropriations.
TITLE V—MISCELLANEOUS
Sec. 501. Study of Federal efforts to assist in school reform.
Sec. 502. Budget compliance.
SEC. 2. EFFECTIVE DATES; TRANSITION.
(a) EFFECTIVE DATES.—(1)(A) Except as provided in
subparagraph (B), the provisions of title I of this Act shall
take effect July 1, 1995, except that those provisions of title
I that apply to programs under title VIII of the Elementary
and Secondary Education Act of 1965, as amended by this
Act, and to programs that are conducted on a competitive
basis, shall be effective with respect to appropriations for
use under such programs in fiscal year 1995 and in subse-
quent fiscal years.
(B) Title VIII of the Elementary and Secondary Edu-
cation Act of 1965, as amended by title I of this Act, shall
take effect on October 1, 1994.
(2) The provisions of title II of this Act shall be effec-
tive upon enactment, except that section 250 of such title
shall be effective—
(A) July 1, 1995 for non-competitive programs
in which funds are allocated on the basis of a for-
mula; and
(B) for programs that are conducted on a com-
petitive basis, with respect to appropriations for use
under such programs in fiscal year 1995 and in sub-
sequent fiscal years.
(3)(A) Parts A and B of title III of this Act shall take
effect July 1, 1995.
(B) Part C of title III of this Act shall take effect on
October 1, 1994.
(b) TRANSITION.—Notwithstanding any other provi-
sion of law, a recipient of funds under the Elementary and
Secondary Education Act of 1965, as in effect prior to
amendment by this Act, may use funds available to it under
such predecessor authority to carry out necessary and rea-
sonable planning and transition activities in order to en-
sure a smooth implementation of programs authorized by
this Act.
TITLE I—AMENDMENTS TO THE
ELEMENTARY AND SECOND-
ARY EDUCATION ACT OF 1965
SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SEC-
ONDARY EDUCATION ACT OF 1965.
The Elementary and Secondary Education Act of 1965
is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘‘Elementary and Sec-
ondary Education Act of 1965’’.
‘‘TITLE 
I—IMPROVED 
EDU-
CATION FOR DISADVANTAGED
CHILDREN
‘‘SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF
PURPOSE.
‘‘(a) STATEMENT OF POLICY.—The Congress declares
it to be the policy of the United States that a high-quality
education for all persons and a fair and equal opportunity
to obtain such education—
‘‘(1) are a societal good necessary for creating a
vibrant future for our complex and diverse democracy
and for meeting the challenge of an internationally
competitive economy;
‘‘(2) are a private good because individual op-
portunity is greatly enhanced by being well educated;
‘‘(3) are a moral imperative in our society and
simple justice demands that the opportunity to ac-
quire skills and knowledge deemed necessary for basic
citizenship and economic opportunity be equally
available to all; and
‘‘(4) improve the life of every person, because the
quality of individual lives ultimately depends on the
quality of the lives of others.
‘‘(b) RECOGNITION OF NEED.—The Congress recog-
nizes that—
‘‘(1) although the achievement gap between dis-
advantaged children and other children has been re-
duced by half over the past two decades, a sizable gap
remains, and many segments of our society lack the
opportunity to become well educated;
‘‘(2) the most urgent need for educational im-
provement is in schools with high concentrations of
children from low-income families and achieving the
National Education Goals will not be possible without
substantial improvement in these schools;
‘‘(3) educational needs are particularly great for
low-achieving children in the highest-poverty schools,
children with limited English proficiency, children of
migrant workers, Indian children, children who are
neglected or delinquent, and young children and their
parents who are in need of family-literacy services;
and
‘‘(4) while title I and other programs funded
under this Act contribute to narrowing the achieve-
ment gap between children in high-poverty and low-
poverty schools, such programs need to become even
more effective in improving schools in order to enable
all children to achieve high standards.
‘‘(c) WHAT HAS BEEN LEARNED.—To enable schools
to provide all children a high-quality education, this title
builds upon what has been learned:
‘‘(1) All children can master challenging content
and complex problem-solving skills and research clear-
ly shows that children, including low-achieving chil-
dren, can succeed when expectations are high and
they are given the opportunity to learn challenging
material.
‘‘(2) Conditions outside the classroom such as
hunger, unsafe living conditions, homelessness, unem-
ployment, violence, inadequate health care, child
abuse, and drug and alcohol abuse can adversely af-
fect children’s academic achievement and must be ad-
dressed through the coordination of services, such as
health and social services, in order for the Nation to
meet the National Education Goals.
‘‘(3) A better understanding of the principles of
good health can help children and adolescents succeed
in school, become active, productive members of soci-
ety, and successfully compete in a rapidly changing
global economy. Schools that provide quality physical
and health education contribute to enhanced knowl-
edge, behavior, and fitness of children and adolescents.
‘‘(4) Use of low-level tests that are not aligned
with schools’ curricula fails to provide adequate infor-
mation about what children know and can do and en-
courages curricula and instruction that focus on the
low-level skills measured by such tests.
‘‘(5) Resources are more effective when they en-
sure that children have full access to effective regular
school programs and receive supplemental help
through extended-time activities.
‘‘(6) The disproven theory that children must
first learn basic skills before engaging in more com-
plex tasks continues to dominate strategies for class-
room instruction, resulting in emphasis on repetitive
drill and practice at the expense of content-rich in-
struction, accelerated curricula, and effective teaching
to high standards.
‘‘(7) Intensive and sustained professional devel-
opment for teachers and other school staff (focused on
teaching and learning and on helping children attain
high standards) is too often not provided.
‘‘(8) Insufficient attention and resources are di-
rected toward the effective use of technology in schools
and the role it can play in professional development
and improved teaching and learning.
‘‘(9) All parents can contribute to their chil-
dren’s success by helping at home and becoming part-
ners with teachers so that children can achieve high
standards.
‘‘(10) Decentralized decisionmaking is a key in-
gredient of systemic reform. Schools need the re-
sources, flexibility, and responsibility to design and
implement effective strategies for bringing children to
high levels of performance and should accept respon-
sibility to do so.
‘‘(11) Opportunities for students to achieve high
standards can be enhanced through a variety of ap-
proaches such as public school choice and public char-
ter schools.
‘‘(12) Attention to academics alone cannot en-
sure that all children will reach high standards. The
health and other needs of children that affect learning
are frequently unmet, particularly in high-poverty
schools, thereby necessitating coordination of services
to better meet children’s needs.
‘‘(13) Resources provided under this title can be
better targeted on the highest-poverty local edu-
cational agencies and schools that have children most
in need.
‘‘(d) STATEMENT OF PURPOSE.—The purpose of this
title is to enable schools to provide opportunities for chil-
dren served to acquire the knowledge and skills contained
in the rigorous State content standards and to meet the
challenging State performance standards developed for all
children under the Goals 2000: Educate America Act or,
in their absence, under this title. This purpose shall be ac-
complished by—
‘‘(1) ensuring high standards for all children
and aligning the efforts of States, local educational
agencies, and schools to help children served under
this title to reach such standards;
‘‘(2) providing children an enriched and acceler-
ated educational program through schoolwide pro-
grams or through additional services that increase the
amount and quality of instructional time so that chil-
dren served under this title receive at least the class-
room instruction that other children receive;
‘‘(3) promoting schoolwide reform and ensuring
access of children (from the earliest grades) to effective
instructional strategies and challenging academic
content that includes intensive complex thinking and
problem-solving experiences;
‘‘(4) significantly upgrading the quality of cur-
ricula and instruction by providing staff in partici-
pating schools with substantial opportunities for in-
tensive and sustained professional development;
‘‘(5) coordinating services under all parts of this
title with each other, with other educational services,
and, to the extent feasible, with health and social serv-
ice programs funded from other sources;
‘‘(6) affording parents meaningful opportunities
to participate in the education of their children at
home and at school;
‘‘(7) distributing resources, in amounts sufficient
to make a difference, to schools where needs are great-
est;
‘‘(8) improving accountability, as well as teach-
ing and learning, by using State assessment systems
designed to measure how well children are achieving
high State standards of performance expected of all
children; and
‘‘(9) providing greater decisionmaking authority
and flexibility to schools and teachers in exchange for
greater responsibility for student performance.
‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
‘‘Appropriations are authorized for the following pro-
grams and activities under this title:
‘‘(1) LOCAL
EDUCATIONAL
AGENCY
GRANTS.—
For the purpose of carrying out part A of this title,
other than sections 1117, and 1120(d), there are au-
thorized to be appropriated $7,400,000,000 for fiscal
year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
‘‘(2) EVEN START.—For the purpose of carrying
out part B of this title, there are authorized to be ap-
propriated $118,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
‘‘(3) EDUCATION
OF
MIGRATORY
CHILDREN.—
For the purpose of carrying out part C of this title,
there are authorized to be appropriated $310,000,000
for fiscal year 1995 and such sums as may be nec-
essary for each of the fiscal years 1996, 1997, 1998,
and 1999.
‘‘(4) PREVENTION AND INTERVENTION SERVICES
FOR DELINQUENT YOUTH AND YOUTH AT RISK OF
DROPPING
OUT.—For the purpose of carrying out
part D of this title, there are authorized to be appro-
priated $40,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
‘‘(5) CAPITAL
EXPENSES.—For the purpose of
carrying out section 1120(d) of this title, there are
authorized to be appropriated $41,434,000 for fiscal
year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
‘‘(6) SCHOOL IMPROVEMENT.—For the purpose of
carrying out the activities authorized in section 1117
of this title, there are authorized to be appropriated
$30,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996,
1997, 1998, and 1999.
‘‘(7) FEDERAL ACTIVITIES.—(A) For the purpose
of carrying out section 1501 of this title, there are au-
thorized to be appropriated $9,000,000 for fiscal year
1995 and such sums as may be necessary for each of
the fiscal years 1996, 1997, 1998, and 1999.
‘‘(B) For the purpose of carrying out sections
1502 and 1503 of this title, there are authorized to be
appropriated $20,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
‘‘PART A—BASIC PROGRAMS OPERATED BY LOCAL
EDUCATIONAL AGENCIES
‘‘Subpart 1—Basic Program Requirements
‘‘SEC. 1111. STATE PLANS.
‘‘(a) PLANS REQUIRED.—(1) Any State desiring to re-
ceive a grant under this part shall submit to the Secretary
a plan, developed in consultation with local educational
agencies, teachers, administrators, and parents, that—
‘‘(A)(i) is integrated with the State’s plan, either
approved or being developed, under title III of the
Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already ad-
dressed by that State plan; and
‘‘(ii) is integrated with other State plans, if any,
under the School-to-Work Opportunities Act of 1993
and the Carl D. Perkins Vocational and Applied
Technology Education Act, to the extent that these
plans have not already been incorporated in the
State’s plan under title III of the Goals 2000: Edu-
cate America Act; or
‘‘(B) if the State does not have an approved plan
under title III of the Goals 2000: Educate America
Act and is not developing such a plan—
‘‘(i) is integrated with other State plans
under this Act and other plans, including those
under the School-to-Work Opportunities Act of
1993 and the Carl D. Perkins Vocational and
Applied Technology Education Act, where such
plans exist; and
‘‘(ii) satisfies the requirements of this sec-
tion.
‘‘(2) The plan may be submitted as part of a consoli-
dated application under section 9302.
‘‘(3) A State may satisfy all or part of the require-
ments of this section by referencing applicable sections of
its approved State plan under title III of the Goals 2000:
Educate America Act.
‘‘(b) STANDARDS
AND ASSESSMENT PROVISIONS.—
(1)(A) Each State plan shall demonstrate that the State has
developed or adopted high-quality standards for children
served under this title that will be used by the State, its
local educational agencies, and its schools to carry out this
Act and that these standards be as challenging and of the
same high-quality as they are for all children. These stand-
ards shall include—
‘‘(i) challenging content standards in the core
academic subjects that—
‘‘(I) specify what children served under this
title are expected to know and be able to do;
‘‘(II) contain coherent and rigorous content;
and
‘‘(III) emphasize the teaching of advanced
skills;
‘‘(ii) challenging performance standards that—
‘‘(I) are aligned with the State’s content
standards;
content and performance standards adopted by
the State.
‘‘(B) For those core academic subjects in which a State
has not adopted challenging content and performance
standards, the State plan shall include a schedule for their
development that includes the completion of standards in
mathematics and reading/language arts by the end of the
interim period as described in paragraph (8).
‘‘(2)(A) Each State plan shall demonstrate, based on
assessments described under paragraph (3), what con-
stitutes adequate yearly progress of—
‘‘(i) any school served under this part toward en-
abling children to meet the State’s ‘proficient’ and
‘advanced’ performance standards; and
‘‘(ii) any local educational agency that received
funds under this part toward enabling children in
schools receiving assistance under this part to meet
the State’s ‘proficient’ and ‘advanced’ performance
standards.
‘‘(B) Adequate yearly progress shall be defined in a
manner—
‘‘(i) that is consistent with criteria of general
applicability established by the Secretary and results
in continuous and substantial yearly improvement
for economically disadvantaged, limited-English pro-
ficient, and all students under this title in each school
and local educational agency toward the goal of all
children under this title meeting the State’s challeng-
ing ‘advanced’ performance standards; and
‘‘(ii) links progress primarily to performance on
the assessments carried out under this section while
permitting progress to be established in part through
the use of other outcome-based measures such as re-
ductions in drop-out rates.
‘‘(3) Each State plan shall demonstrate that the State
has developed or adopted a set of high-quality, yearly stu-
dent assessments that will be used as the primary means
of determining the yearly performance of each local edu-
cational agency and school receiving assistance under this
part in enabling children served under this title to meet
the State’s performance standards and that these assess-
ments be challenging and of the same high-quality as they
are for all children. These assessments shall—
‘‘(A) be aligned with the State’s challenging con-
tent and performance standards and provide coherent
information about student attainment of such stand-
ards;
‘‘(B) be used for purposes for which they are
valid and reliable, and be consistent with relevant na-
tionally recognized professional and technical stand-
ards of assessments;
‘‘(C) shall measure the proficiency of students in
the core academic subjects in which a State has
adopted challenging content and performance stand-
ards and be administered at some time during—
‘‘(i) grades 3 through 5;
‘‘(ii) grades 6 through 9;
‘‘(iii) grades 10 through 12.
‘‘(D) be comprised of multiple, up-to-date meas-
ures of student performance;
‘‘(E)(i) include limited-English proficient stu-
dents who shall be assessed, to the extent practicable
in the language and form most likely to yield accu-
rate and reliable information on what these students
know and can do, to determine their mastery of skills
in subjects other than English;
‘‘(ii) include students who have been resident in
a local educational agency for a full academic year
but have not attended a single school for a full year,
provided that the performance of students who have
attended more than one school in the local educational
agency in any academic year shall be used only in
determining the progress of the local educational
agency; and
‘‘(iii) include students with disabilities who shall
be assessed, to the extent practicable, in a manner
and form most likely to yield accurate and reliable
information on what these students know and can do,
including assessment accommodations and modifica-
tions necessary to make such determinations, provided
that those students who are determined, through valid
evaluation conducted by qualified personnel, to be so
severely cognitively impaired as to permanently lack
the capacity to make any educational progress, with
the provision of special education and related services,
in meeting the State content and performance stand-
ards may be exempted from the assessment process;
‘‘(F) provide individual student scores; and
‘‘(G) provide for disaggregated results within
each State, local educational agency, and school by
gender, by each major racial and ethnic group, by
English proficiency status, and by economically dis-
advantaged students as compared to students who are
not economically disadvantaged.
‘‘(4) Each State plan shall identify the languages other
than English that are present in the participating student
population and indicate the languages for which yearly stu-
dent assessments are not available and are needed. The
State shall make every effort to develop such assessments
and shall notify the Secretary if linguistically-accessible as-
sessment measures are needed. Upon notification, the Sec-
retary shall assist with the identification of appropriate as-
sessment measures in the needed languages through the
Office of Bilingual Education and Minority Language
Affairs.
‘‘(5) Each State plan shall include a description of
how the State will annually evaluate and report to the pub-
lic about the extent to which local educational agencies and
schools within the State which receive funds under this title
meet the State’s opportunity-to-learn standards.
‘‘(6) If a State has developed or adopted challenging
content and performance standards and an aligned set of
assessments for all students such as those developed under
title III of the Goals 2000: Educate America Act, or another
process, the State shall use such standards and assessments,
modified, if necessary, to conform with the requirements of
paragraphs (1)(A)(ii), (2), and (3).
‘‘(7) If, after 2 years, a State does not have challenging
content and performance standards that meet the require-
ments of paragraph (1) or after 3 years, a State does not
have assessments that meet the requirements of paragraph
(3), a State shall adopt a set of standards and aligned as-
sessments such as the standards and assessments contained
in other State plans that the Secretary has approved.
‘‘(8)(A) If a State does not have assessments that meet
the requirements of paragraph (3), the State may propose
to use an interim set of yearly statewide assessments that
will assess the performance of complex skills and challeng-
ing subject matter.
‘‘(B) For any year during which a State is using an
interim assessment system, the State shall devise a means
for identifying schools and local educational agencies in
need of improvement under section 1116.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND
LEARNING.—Each State plan shall also describe—
‘‘(1)(A) the means by which the State edu-
cational agency will work with other agencies, includ-
ing educational service agencies or other local consor-
tia, and institutions to provide technical assistance to
local educational agencies and schools to carry out the
State educational agency’s responsibilities under this
part, including assistance in providing high quality
professional development under section 1119 and tech-
nical assistance under section 1117; and
‘‘(B)(i) where educational service agencies exist,
the State educational agency shall consider providing
professional development and technical assistance
through such agencies; and
‘‘(ii) where educational service agencies do not
exist, the State educational agency shall consider pro-
viding professional development and technical assist-
ance through other cooperative agreements such as a
consortium of local educational agencies;
‘‘(2) the measure of poverty that local edu-
cational agencies shall use which shall include such
measures as the number of children age 5 to 7 in pov-
erty counted in the most recent census data approved
by the Secretary, the number of children eligible to re-
ceive free and reduced price lunches under the Na-
tional School Lunch Act, the number of children in
families receiving assistance under Aid to Families
With Dependent Children or the number of children
eligible to receive medical assistance under the Medic-
aid program; or a composite of such indicators;
‘‘(3) how the State educational agency will no-
tify local educational agencies of the authority to op-
erate schoolwide programs, and fulfill its local edu-
cational agency and school improvement responsibil-
ities under section 1116, including the corrective ac-
tions it will take under section 1116(d)(6);
‘‘(4) how the State educational agency will en-
courage the use of funds from other Federal, State,
and local sources for schoolwide reform in schoolwide
programs under section 1114;
‘‘(5) how the Committee of Practitioners estab-
lished under section 1601 was substantially involved
in the development of the plan and will continue to
be involved in monitoring its implementation by the
State;
‘‘(6) how the State educational agency will assess
the needs of local educational agencies serving rural
areas, and the plans the State educational agency has
to meet those needs;
(7) how the State educational agency will assess
the needs of local educational agencies serving rural
areas and the plans the State educational agency has
to meet those needs; and
‘‘(8) how the State educational agency will en-
courage the establishment and operation of coopera-
tive education, mentoring, and apprenticeship pro-
grams, involving business and industry.
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
The Secretary—
‘‘(1) shall establish a peer review process to as-
sist in the review and revision of State plans;
‘‘(2) shall, following an initial peer review, ap-
prove a State plan the Secretary determines meets the
requirements of subsections (a), (b), and (c);
‘‘(3)(A) shall, if the Secretary determines that
the State plan does not meet the requirements of sub-
section (a), (b), or (c), immediately notify the State
of such determination and the reasons for it;
(B) shall not decline to approve a State’s plan
before offering the State an opportunity to revise its
plan or application, provide technical assistance in
order to assist the State to meet the requirements
under subsections (a), (b), and (c) and a hearing; and
(C) may withhold funds until determining that
the plan meets the requirements of this section, pro-
vided, however, that the Secretary may not withhold
funds on the basis of the specific content of the oppor-
tunity-to-learn standards adopted by a State under
this section.
‘‘(e) DURATION OF THE PLAN.—(1) Each State plan
shall—
‘‘(A) remain in effect for the duration of the
State’s participation under this part; and
‘‘(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State’s
strategies and programs under this part.
‘‘(2) If the State makes significant changes in its plan,
such as the adoption of new content and performance stand-
ards, new assessments, or a new definition of adequate
progress, the State shall submit this information to the Sec-
retary for approval.
‘‘(f) Nothing in this title shall be construed to authorize
an officer or employee of the Federal Government to man-
date, direct, or control a State, local educational agency,
or school’s specific instructional content or pupil perform-
ance standards and assessments, curriculum, or program
of instruction as a condition of eligibility to receive funds
under this title.
‘‘(g) Nothing in this title shall be construed to author-
ize an officer, or employee of the Federal Government to
mandate, direct, or control a State, local educational agen-
cy, or school’s specific opportunity-to-learn standards as a
condition of eligibility to receive funds under this title.
‘‘(h) If aggregate State expenditure by the State edu-
cational agency for operation of elementary and secondary
education programs is less than the State educational agen-
cy’s aggregate Federal allocation for State operation of all
Federal elementary and secondary education programs,
then the State plan for title I must include assurances and
specific provisions for State expenditures for operation of
elementary and secondary education programs to equal or
exceed the level of Federal expenditures for such operation
by fiscal year 1999.
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
‘‘(a) PLANS REQUIRED.—(1) A local educational agen-
cy may receive a subgrant under this part for any fiscal
year only if it has on file with the State educational agency
a plan, approved by the State educational agency, that—
‘‘(A)(i) is integrated with the local educational
agency’s plan, either approved or being developed,
under title III of the Goals 2000: Educate America
Act, and satisfies the requirements of this section that
are not already addressed by that State plan; and
‘‘(ii) is integrated with local plans, if any, under
the School-to-Work Opportunities Act of 1993 and the
Carl D. Perkins Vocational and Applied Technology
Education Act, to the extent that such plans have not
already been incorporated into the local educational
agency’s plan under title III of the Goals 2000: Edu-
cate America Act; or
‘‘(B) if the local educational agency does not
have an approved plan under title III of the Goals
2000: Educate America Act and is not developing
such a plan—
‘‘(i) is integrated with other local plans
under this Act and other plans, including those
under the School-to-Work Opportunities Act of
1993 and the Carl D. Perkins Vocational and
Applied Technology Education Act, where such
plans exist; and
‘‘(ii) satisfies the requirements of this sec-
tion.
‘‘(2) The plan may be submitted as part of a consoli-
dated application under section 9302.
‘‘(3) A local educational agency may satisfy all or part
of the requirements of this section by referencing applicable
sections of its approved plan under title III of the Goals
2000: Educate America Act.
‘‘(b) STANDARDS
AND ASSESSMENT PROVISIONS.—
Each local educational agency plan shall include—
‘‘(1) a description of its challenging content and
performance standards, if any, in the core subjects, in
addition to the content and performance standards
adopted by the State under section 1111, that the
local educational agency expects children served under
this title to meet;
‘‘(2) a description, based on the assessments de-
scribed under paragraph (3), of what constitutes ade-
quate yearly progress if a local educational agency
elects to establish such measures that are more strin-
gent than the measures described in the State plan
under section 1111;
‘‘(3) a description of additional high-quality stu-
dent assessments, if any, other than the assessments
described in the State plan under section 1111, that
the local educational agency and schools served under
this part will use to—
‘‘(A) determine the success of children served
under this title in meeting the State’s perform-
ance standards;
‘‘(B) assist in diagnosis, teaching, and
learning in the classroom in ways that best en-
able children served under this title to meet State
standards and do well in the local curriculum;
and
‘‘(C) determine what revisions are needed to
projects under this part so that such children
will meet the State’s performance standards; and
‘‘(4) a description of the strategies the local edu-
cational agency will use to implement opportunity-to-
learn standards for all students served under this
title.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND
LEARNING.—(1) To ensure high-quality instruction to en-
able participating children to meet the State’s challenging
performance standards expected of all students, each local
educational agency plan shall describe a coherent strategy
for intensive and sustained professional development for
teachers, administrators, and other staff, including staff of
such agency, in accordance with section 1119.
‘‘(2) Each local educational agency plan shall describe
how the local educational agency will—
‘‘(A) notify schools of the authority to operate
schoolwide programs;
‘‘(B) work in consultation with schools as the
schools develop their plans pursuant to section 1114
or 1115 and assist schools as they implement such
plans so that each school can make adequate yearly
progress toward meeting the State’s standards; and
‘‘(C) fulfill its school improvement responsibil-
ities under section 1116, including the corrective ac-
tions it will take under section 1116(c)(5).
‘‘(3) To address the comprehensive needs of children
served under this title, each local educational agency plan
shall describe how the local educational agency will—
‘‘(A) coordinate and integrate services provided
under this part with other educational services at the
local educational agency or individual school level,
including—
‘‘(i) Even Start, Head Start, and other pre-
school programs, including plans for the transi-
tion of participants in such programs to local el-
ementary school programs, vocational education
programs, and school-to-work transition pro-
grams; and
‘‘(ii) services for children with limited Eng-
lish proficiency or with disabilities, migratory
children served under part C of this title or who
were formerly eligible for services under part C
in the 2-year period preceding the date of the en-
actment of this title, delinquent youth and youth
at risk of dropping out served under part D of
this title, homeless children, and immigrant chil-
dren in order to increase program effectiveness,
eliminate duplication, and reduce fragmentation
of the children’s instructional program;
‘‘(B) coordinate and collaborate with other agen-
cies providing services to children, youth, and fami-
lies, including health and social services.
‘‘(4) The local educational agency plan also shall in-
clude a description of—
‘‘(A) the poverty criteria that will be used to se-
lect school attendance areas under section 1113;
‘‘(B) the multiple criteria that will be used by
targeted assistance schools under section 1115 to iden-
tify children eligible for services under this part;
‘‘(C) the nature of the programs to be conducted
by its schools under sections 1114 and 1115 and serv-
ices outside such schools for children in local institu-
tions for neglected or delinquent children and eligible
homeless 
children, 
in 
accordance 
in 
section
1115(b)(2)(D);
‘‘(D) how the local educational agency will en-
sure that migratory children and formerly migratory
children who are eligible to receive services under this
part are selected to receive such services on the same
basis as other children who are selected to receive
services under this part;
‘‘(E) how a school that plans to serve preschool
children through the Head Start or Even Start pro-
grams will use its funds to expand such programs to
serve preschool children from its attendance area that
otherwise would not have been served or increase the
level of service to children presently being served;
‘‘(F) how the local educational agency will pro-
vide services to eligible children attending private ele-
mentary and secondary schools in accordance with
section 1120, and how timely and meaningful con-
sultation with private school officials regarding such
services will occur; and
‘‘(G) the number of schoolwide programs that
will be operating in the local educational agency.
‘‘(d) PLAN DEVELOPMENT
AND DURATION.—Each
local educational agency plan shall—
‘‘(1) be developed in consultation with teachers,
including vocational teachers, where appropriate, and
parents of children in schools served under this part;
and
‘‘(2)(A) remain in effect for the duration of the
local educational agency’s participation under this
part; and
‘‘(B) periodically be reviewed and revised, as
necessary, to reflect changes in the local educational
agency’s strategies and programs.
‘‘(e)(1) STATE APPROVAL.—The State educational
agency shall approve a local educational agency’s plan only
if the State educational agency determines that the plan
will enable schools served under this part to substantially
help children served under this title to meet the State’s chal-
lenging performance standards expected of all children.
‘‘(2) The State educational agency shall review the
local educational agency’s plan to determine if such agen-
cy’s professional development activities are in accordance
with section 1119.
‘‘(f) PROGRAM
RESPONSIBILITY.—The local edu-
cational agency plan shall reflect the shared responsibility
of schools, teachers, and the local educational agency in
making decisions required under sections 1114 and 1115.
‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
‘‘(a) IN GENERAL.—(1)(A)(i) A local educational
agency shall use funds received under this part only in
school attendance areas with high concentrations of children
from low-income families, hereafter in this section referred
to as ‘eligible school attendance areas’.
‘‘(ii) For the purposes of this part—
‘‘(I) ‘school attendance area’ means, in relation
to a particular school, the geographical area in which
the children who are normally served by such school
reside; and
‘‘(II) ‘eligible school attendance area’ means a
school attendance area in which the percentage of
children from low-income families is at least as high
as the percentage of children from low-income families
in the local educational agency as a whole.
‘‘(B) If funds allocated in accordance with subsection
(c) are insufficient to serve all eligible school attendance
areas, a local educational agency shall—
‘‘(i) annually rank, without regard to grade
spans, its eligible school attendance areas in which
the concentration of children from low-income fami-
lies exceeds 75 percent from highest to lowest accord-
ing to the percentage of children from low-income
families; and
‘‘(ii) serve such eligible school attendance areas
in rank order.
‘‘(C) If funds remain after serving all eligible school
attendance areas under subparagraph (B), a local edu-
cational agency shall—
‘‘(i) annually rank its remaining eligible school
attendance areas from highest to lowest either by
grade span or for the entire local educational agency
according to the percentage of children from low-in-
come families; and
‘‘(ii) serve such eligible school attendance areas
in rank order either within each grade-span grouping
or within the local educational agency as a whole.
‘‘(2) The local educational agency shall use as the
measure of poverty, the number of children ages 5–17 in
poverty counted in the most recent census data approved
by the Secretary, the number of children eligible for free
and reduced priced lunches under the National School
Lunch Act, the number of children in families receiving as-
sistance under Aid to Families with Dependent Children
or the number of children eligible to receive medical assist-
ance under the Medicaid program, or a composite of such
indicators, with respect to all school attendance areas in
the local educational agency—
‘‘(A) to identify eligible school attendance areas;
‘‘(B) to determine the ranking of each area; and
‘‘(C) to determine allocations under subsection
(c).
‘‘(3) This subsection shall not apply to a local edu-
cational agency with a total enrollment of less than 1,000
children.
‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—
Notwithstanding subsection (a)(1), a local educational
agency may—
‘‘(1) designate as eligible any school attendance
area or school in which at least 50 percent of the chil-
dren are from low-income families;
‘‘(2) use funds received under this part in a
school that is not in an eligible school attendance
area, if the percentage of children from low-income
families enrolled in the school is equal to or greater
than the percentage of such children in a participat-
ing school attendance area of such agency; and
‘‘(3)(A) elect not to serve an eligible school at-
tendance area or eligible school that has a higher per-
centage of children from low-income families if—
‘‘(i) the school meets the comparability re-
quirements of section 1121(c);
‘‘(ii) the school is receiving supplemental
funds from other State or local sources that are
spent according to the requirements of section
1114 or 1115; and
‘‘(iii) the funds expended from such other
sources equal or exceed the amount that would be
provided under this part.
‘‘(B) Notwithstanding subparagraph (A), the
number of children attending private elementary and
secondary schools who are to receive services, and the
assistance they are to receive under this part, shall be
determined without regard to whether the public
school attendance area in which such children reside
is passed over under this paragraph.
‘‘(c) ALLOCATIONS.—(1) A local educational agency
shall allocate funds received under this part to eligible
school attendance areas or eligible schools, identified under
subsection (a) or (b), in rank order, on the basis of the total
number of children from low-income families in each area
or school.
‘‘(2)(A) Except as provided in subparagraph (B), the
per-pupil amount of funds allocated to each school attend-
ance area or school under paragraph (1) shall be not less
than 80 percent of the per-pupil amount of funds the local
educational agency received for such year under sections
1124, 1124A, and 1125.
‘‘(B) A local educational agency may reduce the
amount of funds allocated under subparagraph (A) for a
school attendance area or school by the amount of any sup-
plemental State and local funds expended in such school
attendance area or school for programs that meet the re-
quirements of section 1114 or 1115.
‘‘(3) A local educational agency shall reserve such
funds as are necessary under this part to provide services
comparable to the services provided to children in schools
funded under this part to serve—
‘‘(A) homeless children in accordance with sec-
tion 1115(b)(2)(D); and
‘‘(B) children in local institutions for delinquent
children.
‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.
‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—
(1) A local educational agency may use funds under this
part, in combination with other Federal, State, and local
funds, to upgrade the entire educational program in an eli-
‘‘(3) A schoolwide program school shall use such funds
only to supplement the amount of funds that would, in the
absence of funds under this part, be made available from
non-Federal sources for the school, including funds needed
to provide services that are required by law for children
with disabilities and children with limited English pro-
ficiency.
‘‘(4) A school may use funds received under any non-
competitive, formula-grant program administered by the
Secretary, excluding programs under the Individuals With
Disabilities Education Act, and any discretionary program
contained on a list (updated as necessary) issued by the
Secretary to support a schoolwide program, notwithstand-
ing any provision of the statute or regulations governing
any such program.
‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—(1)
A schoolwide program shall include the following compo-
nents:
‘‘(A) A comprehensive needs assessment of the en-
tire school that is based on information on the per-
formance of children in relation to the State’s stand-
ards.
‘‘(B) Schoolwide reform strategies that—
‘‘(i) provide opportunities for all children to
meet the State’s ‘proficient’ and ‘advanced’ per-
formance standards expected of all children;
‘‘(ii) are based on research on effective
means of improving the achievement of children;
‘‘(iii) use effective instructional strategies
which may include the integration of vocational
and academic learning (including applied learn-
ing and team teaching strategies) that increase
the amount and quality of learning time, such as
providing an extended school year and before-
and after-school programs and opportunities,
and help provide an enriched and accelerated
curriculum rather than remedial drill and prac-
tice, and that incorporate gender-equitable meth-
ods and practices;
‘‘(iv) address the needs of all children in the
school, but particularly the needs of low-achiev-
ing children, children with limited-English pro-
ficiency, children from migratory families, and
children who are members of the target popu-
lation of any program that is included in the
schoolwide program, address how the school will
determine if such needs have been met, describe
the current program being offered to limited-
English proficient students, and address how the
school will build upon, expand, or coordinate the
schoolwide program with the current program;
and
‘‘(v) are consistent with, and are designed
to implement, the State and local reform plans,
if any, approved under title III of the Goals
2000: Educate America Act.
‘‘(C) Instruction by highly qualified professional
staff.
‘‘(D) Intensive and sustained professional devel-
opment for teachers, principals, and other staff, in-
cluding aides, in accordance with section 1119, to en-
able all children in the school to meet the State’s per-
formance standards.
‘‘(E) Strategies to increase parental involvement,
including family literary services.
‘‘(F) Plans for assisting preschool children in the
transition from early childhood programs, such as
Head Start, Even Start, or a State-run preschool pro-
gram, to local elementary school programs.
‘‘(G) Additionally, in schools serving children be-
yond grade six, in coordination with funds available
from other programs and, as appropriate, drawing on
private and public organizations—
‘‘(i) counseling and mentoring services;
‘‘(ii) college and career awareness, explo-
ration, and preparation, such as college and ca-
reer guidance, comprehensive career development,
enhancement of employability and occupational
skills, personal finance education, job placement
services, and innovative teaching methods which
may include applied learning and team teaching
strategies; and
‘‘(iii) services to prepare students for the
transition from school to work, including the for-
mation of partnerships between elementary, mid-
dle, and secondary schools and local businesses,
and the integration of school-based and work-
based learning.
‘‘(2)(A) Any eligible school that desires to operate a
schoolwide program shall first develop, in consultation with
the local educational agency, a comprehensive plan for re-
forming the total instructional program in the school that—
‘‘(i) incorporates the components described in
paragraph (1);
‘‘(ii) describes how the school will use resources
under this part and from other sources to implement
such components;
‘‘(iii) includes a list of State and local edu-
cational agency programs and other Federal pro-
grams under paragraph (a)(3) that will be included
in the schoolwide program; and
‘‘(iv) describes how the school will provide indi-
vidual student assessment results, including an inter-
pretation of those results, to the parents of a child
who participates in the assessment required by section
1111(b)(3).
‘‘(B) Plans developed before a State has adopted stand-
ards and a set of assessments that meet the criteria in sec-
tion 1111(b) (1) and (3) shall be based on an analysis of
available data on the achievement of students in the school
and a review of the school’s instructional practices in the
context of available research on effective instructional and
school improvement practices.
‘‘(C) The comprehensive plan shall be—
‘‘(i) developed during a one-year period, un-
less—
‘‘(I) the local educational agency, based on
the recommendation of the technical assistance
providers under section 1117, determines that
less time is needed to develop and implement the
schoolwide program; or
‘‘(II) the school is operating a schoolwide
program at the time this section takes effect, in
which case it may continue to operate such pro-
gram, but shall develop a new plan during the
first year to reflect the provisions of this section;
‘‘(ii) developed with the involvement of the com-
munity to be served and individuals who will carry
it out, including teachers, principals, other staff, par-
ents, and, if the plan relates to a secondary school,
students from the school;
‘‘(iii) reviewed and revised, as necessary, by the
school;
‘‘(iv) made available to parents and the public
with the information contained in such plan trans-
lated, to the extent feasible, into any language that a
significant percentage of the parents of participating
children in the school speak as their primary lan-
guage; and
‘‘(v) developed where appropriate in coordina-
tion with programs under the School-to-Work Oppor-
tunities Act, the Carl D. Perkins Vocational and Ap-
plied Technology Education Act, and the National
and Community Service Trust Fund Act.
‘‘(c) ACCOUNTABILITY.—
‘‘(1) As provided in subsection (c) of section
1116, each schoolwide program shall be subject to
school improvement for failure to make adequate
progress for two consecutive years.
‘‘(2) A schoolwide program identified for school
improvement under such subsection that has not made
adequate progress by the third year following such
identification shall forfeit its schoolwide status in ad-
dition to corrective actions, if any, taken by the local
educational agency.
‘‘(3) A school that has forfeited its schoolwide
status may not regain such status until such school
shows improvement by making adequate progress for
one year.
‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
‘‘(a) IN GENERAL.—In all schools selected to partici-
pate under section 1113 that are ineligible for a schoolwide
program, or that choose not to operate a schoolwide pro-
gram, a local educational agency may use funds received
under this part only for programs that provide services to
eligible children identified as having the greatest need for
special assistance.
‘‘(b) ELIGIBLE CHILDREN.—(1)(A) The eligible popu-
lation for services under this part is—
‘‘(i) children up to age 21 who are entitled to a
free public education through grade 12; and
‘‘(ii) children who are not yet at a grade level
where the local educational agency provides a free
public education, yet are of an age at which they can
benefit from an organized instructional program pro-
vided in a school or other educational setting.
‘‘(B) From the population described in subparagraph
(A), eligible children are children identified by the school
as failing, or most at risk of failing, to meet the State’s
challenging performance standards on the basis of multiple,
educationally related, objective criteria established by the
local educational agency and supplemented by the school,
except that children from preschool through grade two shall
be selected solely on the basis of such criteria as teacher
judgment, interviews with parents, and developmentally
appropriate measures.
‘‘(2)(A)(i) Children receiving services to overcome a
disability or limited English proficiency are eligible for
services under this part on the same basis as other children
selected to receive services under this part.
‘‘(ii) Funds received under this part may not be used
to provide services that are otherwise required by law to
be made available to such children.
‘‘(B) A child who, at any time in the previous two
years, participated in a Head Start, Even Start, or State-
run preschool program shall be automatically eligible for
services under this part;
‘‘(C)(i) A child who, at any time in the previous two
years received services under the program for delinquent
youth and youth at risk of dropping out under part D of
this title (or its predecessor authority) may be eligible for
services under this part.
‘‘(ii) Any child in a local institution for neglected or
delinquent children or attending a community day program
for such children is eligible for services under this part.
‘‘(D) A local educational agency shall use funds re-
ceived under this part to serve eligible homeless children
who attend a school in the local educational agency that
receives funds under this title. To the extent feasible, a local
educational agency shall use funds received under this part
to serve eligible homeless children who attend schools in
noneligible attendance areas, including providing educa-
tionally related support services to children in shelters,
where appropriate.
‘‘(c) COMPONENTS
OF
A
TARGETED
ASSISTANCE
SCHOOL PROGRAM.—(1) To assist targeted assistance
schools and local educational agencies to meet their respon-
sibility to provide all students with the opportunity to meet
the State’s challenging performance standards, each tar-
geted assistance program under this section shall—
‘‘(A) use its resources under this part to help
participating children meet the challenging perform-
ance standards expected for all children;
‘‘(B) be based on research on effective means for
improving achievement of children;
‘‘(C) use effective instructional strategies that—
‘‘(i) give primary consideration to provid-
ing extended learning time such as an extended
school year and before- and after-school programs
and opportunities;
‘‘(ii) involve an accelerated, high-quality
curriculum, including applied learning, rather
than remedial drill and practice; and
‘‘(iii) minimize removing children from the
regular classroom for instruction provided under
this part;
‘‘(D) be coordinated with and support the regu-
lar program in providing an enriched and accelerated
curriculum for eligible children;
‘‘(E) provide instruction by highly qualified pro-
fessional staff;
‘‘(F) provide opportunities for intensive and sus-
tained professional development in accordance with
section 1119 with resources under this part and from
other sources for administrators and for teachers and
other school staff who work with participating chil-
dren in programs under this section or in the regular
education program;
‘‘(G) provide strategies to increase parental in-
volvement, including family literary services;
‘‘(H) provide plans for assisting preschool chil-
dren in the transition from early childhood programs,
such as Head Start, Even Start, or a State-run pre-
school program, to local elementary school programs;
and
‘‘(I) include, additionally, in schools serving
children beyond grade six, in coordination with funds
available from other programs and, as appropriate,
drawing on private and public organizations—
‘‘(i) counseling and mentoring;
‘‘(ii) college and career awareness and prep-
aration, such as college and career guidance,
comprehensive career development, enhancement
of employability skills, personal finance edu-
cation, and job placement services; and
‘‘(iii) services to prepare students for the
transition from school to work, including the for-
mation of partnerships between elementary, mid-
dle, and secondary schools and local businesses.
‘‘(2)(A) Each school conducting a program under this
section shall develop, in consultation with the local edu-
cational agency, a plan to assist participating children to
meet the State’s ‘proficient’ and ‘advanced’ performance
standards that describes—
‘‘(i) the selection of children to participate in ac-
cordance with subsection (b);
‘‘(ii) the program to be conducted that incor-
porates the components described in paragraph (1)
and how the resources provided under this part will
be coordinated with other resources to enable the chil-
dren served to meet the State’s standards;
‘‘(iii) how the school will review, on an ongoing
basis, the progress of participating children and re-
vise the program, if necessary, to provide additional
assistance to enable such children to meet the State’s
challenging performance standards such as an ex-
tended school year and before- and after-school pro-
grams and opportunities, training for teachers re-
garding how to identify students that require addi-
tional assistance, and training for teachers regarding
how to implement performance standards in the class-
room; and
‘‘(iv) if the school is eligible to operate a
schoolwide program under section 1114, why it chose
not to do so.
‘‘(B) Plans developed before a State has adopted stand-
ards and a set of assessments that meet the criteria of sec-
tion 1111(b) (1) and (3) shall be based on an analysis of
available data on the achievement of participating children
and a review of the school’s instructional practices in the
context of available research on effective instructional prac-
tices.
‘‘(C) Each plan shall be—
‘‘(i) developed with the involvement of the com-
munity to be served and the individuals who will
carry it out, including teachers, administrators, other
staff, parents, representatives from business and in-
dustry, and, if the plan relates to a secondary school,
students from the school;
‘‘(ii) approved by the local educational agency
and made available to parents and the information
contained therein translated, to the extent feasible,
into any language that a significant percentage of the
parents of participating children in the school speak
as their primary language; and
‘‘(iii) reviewed and revised, as necessary, by the
school.
‘‘(d) ASSIGNMENT OF PERSONNEL.—To promote the
integration of staff paid with funds under this part and
children served under this part into the regular school pro-
gram and overall school planning and improvement efforts,
public school personnel who are paid with funds received
under this part may—
‘‘(1) assume limited duties that are assigned to
similar personnel who are not so paid, including du-
ties beyond classroom instruction or that do not bene-
fit participating children so long as the amount of
time spent on such duties is the same proportion of
total work time as prevails with respect to similar
personnel at the same school;
‘‘(2) participate in general professional develop-
ment and school planning activities; and
‘‘(3) collaboratively teach with regular classroom
teachers, so long as their efforts directly benefit par-
ticipating children.
‘‘SEC. 1116. ASSESSMENT AND SCHOOL AND LOCAL EDU-
CATIONAL AGENCY IMPROVEMENT.
‘‘(a) LOCAL REVIEW.—Each local educational agency
receiving funds under this part shall—
‘‘(1) use the State assessments described in the
State plan and any additional measures described in
the local educational agency’s plan to review annu-
ally the progress of each school served under this part
to determine whether the school is meeting, or making
adequate 
progress 
as 
defined 
in 
section
1111(b)(2)(A)(i) or section 1112(b)(2), as appro-
priate, toward enabling its students to meet, the
State’s performance standards;
‘‘(2) review annually the progress of each school
which receives funds under this title in meeting State
opportunity-to-learn standards;
‘‘(3) publicize and disseminate to teachers, par-
ents, students, and the community the results of the
annual review under paragraphs (1) and (2) of all
schools served under this part in individual school
performance profiles that include disaggregated re-
sults as required by section 1111(b)(3)(G); and
‘‘(4) provide the results of the local annual re-
view to schools so that they can continually refine the
program of instruction to help all children in such
schools to meet the State’s high performance stand-
ards.
‘‘(b) DESIGNATION OF DISTINGUISHED SCHOOLS.—
Each State educational agency and local educational agen-
cy receiving funds under this part shall designate distin-
guished schools in accordance with section 1117.
‘‘(c) SCHOOL IMPROVEMENT.—(1) A local educational
agency shall identify for school improvement any school
served under this part that—
‘‘(A) has been in program improvement under
section 1021 of chapter 1 of title I of the Elementary
and Secondary Education Act of 1965, as in effect be-
fore the effective date of the Improving America’s
Schools Act of 1994, for at least two consecutive school
years prior to such date;
‘‘(B) has not made adequate progress as defined
in the State’s plan under section 1111(b)(2)(A)(i) or
section 1112(b)(2), as appropriate, for two consecutive
school years; or
‘‘(C) has failed to meet the criteria established by
the State through its interim procedure under section
1111(b)(5)(C) for two consecutive years.
‘‘(2) A school shall not be identified for school improve-
ment if virtually all its students meet the State’s advanced
performance standards.
‘‘(3)(A) Each school identified under paragraph (1)
shall—
‘‘(i) in consultation with parents, the local edu-
cational agency, and, for schoolwide programs, the
school support team, revise its school plan under sec-
tion 1114 or 1115 in ways that have the greatest like-
lihood of improving the performance of participating
children in meeting the State’s performance stand-
ards; and
‘‘(ii) submit the revised plan to the local edu-
cational agency for approval.
‘‘(B) Before identifying a school for program improve-
ment under paragraph (1), the local educational agency
shall provide the school with an opportunity to review the
school-level data, including assessment data, on which such
identification would be based. If the school believes that its
identification for school improvement would be in error, it
may provide evidence to the local educational agency to
support such belief.
‘‘(C) During the first year immediately following iden-
tification under paragraph (1), the school shall implement
its revised plan.
‘‘(4) For each school identified under paragraph (1),
the local educational agency shall make technical assistance
available as the school determines why the school’s plan
failed to bring about increased achievement and develop
and implement its revised plan. Such technical assistance
may be provided directly by the local educational agency,
through mechanisms authorized under section 1117, or by
an institution of higher education, a private nonprofit or-
ganization, an educational service agency, Federal technical
assistance centers under part D of title II of this Act, or
other entities with experience in helping schools improve
achievement.
‘‘(5)(A) After providing technical assistance pursuant
to paragraph (4) and other remediation measures, the local
educational agency may take corrective action at any time
against a school that has been identified under paragraph
(1), but, during the third year following identification
under paragraph (1), shall take such action against any
school that still fails to make adequate progress.
‘‘(B) Corrective actions are those listed in the local
educational agency plan adopted in compliance with State
law, which may include decreasing decisionmaking author-
ity at the school level, making alternative governance ar-
rangements such as the creation of a charter school, recon-
stituting the school staff; and authorizing students to trans-
fer, including paying transportation costs to other schools
in the local educational agency.
‘‘(6) The State educational agency shall—
‘‘(A) make technical assistance under section
1117 available to the schools furthest from meeting the
State’s standards, if requested by the school or local
educational agency; and
‘‘(B) if it determines that a local educational
agency failed to carry out its responsibility under
paragraphs (4) and (5), take such corrective actions
that it deems appropriate.
‘‘(7) Schools that for at least two of the three years
following identification under paragraph (1) make ade-
quate progress toward meeting the State’s ‘proficient’ and
‘advanced’ performance standards no longer need to be
identified for school improvement.
‘‘(d) STATE REVIEW AND LOCAL EDUCATIONAL AGEN-
CY IMPROVEMENT.—(1) A State educational agency shall—
‘‘(A) annually review the progress of each local
educational agency receiving funds under this part to
determine whether all students in schools receiving as-
sistance under this part are making adequate progress
as defined in section 1111(b)(2)(A)(ii) or section
1112(b)(2), as appropriate, toward meeting the
State’s performance standards; and
‘‘(B) publicize and disseminate to teachers, par-
ents, students, and the community the results of the
State review, including disaggregated results, as re-
quired by section 1111(b)(3)(G).
‘‘(2) In the case of a local educational agency that for
three consecutive years has a school or schools receiving as-
sistance under this part which have exceeded the State’s def-
inition of adequate progress as defined in section
1111(b)(2)(A)(ii) or section 1112(b)(2), as appropriate, the
State may make institutional and individual rewards of
the kinds described for individual schools in subsection
1117(c)(2)(B).
‘‘(3) A State educational agency shall identify for im-
provement any local educational agency that—
‘‘(A) for two consecutive years, has a school or
schools receiving assistance under this part that are
not making adequate progress as defined in section
1111(b)(2)(A)(ii) or section 1112(b)(2), as appro-
priate, toward meeting the State’s performance stand-
ards; or
‘‘(B) has failed to meet the criteria established by
the State through its interim procedure under section
1111(b)(8)(A) for two consecutive years.
‘‘(4) Each local educational agency identified under
paragraph (3) shall, in consultation with schools, parents,
and educational experts, revise its local educational agency
plan under section 1112 in ways that have the greatest like-
lihood of improving the performance of its schools in meet-
ing the State’s performance standards.
‘‘(5) For each local educational agency identified
under paragraph (3), the State educational agency shall—
‘‘(A) determine why the local educational agen-
cy’s plan failed to bring about increased achievement;
‘‘(B) provide technical assistance, if requested, as
authorized under section 1117 to better enable the
local educational agency to develop and implement its
revised plan and work with schools needing improve-
ment; and
‘‘(C) make available to the local educational
agencies furthest from meeting the State’s standards,
if requested, assistance under section 1117.
Technical assistance under subparagraph (B) may be pro-
vided by the State educational agency directly, or by an
institution of higher education, a private nonprofit organi-
zation, an educational service agency or other local consor-
tium, a technical assistance center, or other entities with
experience in assisting local education agencies improve
achievement.
‘‘(6)(A) After providing technical assistance pursuant
to paragraph (5) and other remediation measures, the State
educational agency may take corrective action at any time
against a local educational agency that has been identified
under paragraph (3), but, during the fourth year following
identification under paragraph (3), shall take such action
against any local educational agency that still fails to make
adequate progress.
‘‘(B) Corrective actions are those listed in the State
educational agency plan adopted in compliance with State
law, which may include reconstitution of district personnel,
appointment by the State educational agency of a receiver
or trustee to administer the affairs of the local educational
agency in place of the superintendent and school board, re-
moval of particular schools from the jurisdiction of the local
educational agency and establishment of alternative ar-
rangements for governing and supervising such schools, the
abolition or restructuring of the local educational agency,
and the authorizing of students to transfer from 1 local edu-
cational agency to another.
‘‘(7) Local educational agencies that for at least two
of the three years following identification under paragraph
(3) make adequate progress toward meeting the State’s
standards no longer need to be identified for local edu-
cational agency improvement.
‘‘(e) STATE ALLOCATIONS
FOR SCHOOL IMPROVE-
MENT.—From the amount appropriated under section
1002(6) for any fiscal year, each State shall be eligible to
receive an amount that bears the same ratio to the amount
appropriated as the amount allocated to the State under
sections 1124, 1124A, and 1125 bears to the total amount
allocated to all States under such sections, except that each
State shall receive at least $180,000, or $30,000 in the case
of Guam, American Samoa, the Virgin Islands, the North-
ern Marianas, and Palau (until the Compact of Free Asso-
ciation goes into effect).
‘‘SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
‘‘(a) SYSTEM FOR SUPPORT.—(1) Each State edu-
cational agency shall establish a statewide system of inten-
sive and sustained support and improvement for schools re-
ceiving funds under this title, including all schoolwide pro-
grams and all schools in need of program improvement, in
order to increase the opportunity for all students in such
schools to meet the State’s content and performance stand-
ards and opportunity-to-learn standards.
‘‘(2) Funds appropriated pursuant to section 1002(6)
shall be used to meet the requirements of this section. In
addition and notwithstanding section 1002(1), a State or
local educational agency may use funds made available
under section 1002(1) and other available funds to meet
such requirements.
‘‘(b) REGIONAL CENTERS.—Such a statewide system
shall be linked to and receive support and assistance from
the regional technical assistance centers authorized under
part D of title II and the regional labs authorized under
section 205 of the General Education Provisions Act.
‘‘(c) PROVISIONS.—The system shall include at a mini-
mum the following:
‘‘(1) SCHOOL SUPPORT TEAMS.—
‘‘(A) Each State, in consultation with local
educational agencies, shall establish a system of
school support teams to provide information and
assistance to each schoolwide program and to as-
sist such program in providing an opportunity
to all students to meet the State’s performance
standards.
‘‘(B) Each such team shall be composed of
individuals with experience in successfully im-
proving the educational opportunities for low
achieving students, especially individuals identi-
fied in paragraph (3), and individuals knowl-
edgeable about research and practice on teaching
and learning, including alternative and applied
learning, especially for low achieving students.
‘‘(C) A school support team shall work with
each school as it develops its schoolwide program
plan, review each plan, and make recommenda-
tions to the school and the local educational
agency.
‘‘(D) During the operation of the schoolwide
programs, a school support team shall periodi-
cally review the progress of the school in ena-
bling children in the school to meet the State’s
performance standards, identify problems in the
design and operation of the instructional pro-
gram, and make suggestions for the improvement
to the school and the local educational agency.
‘‘(2) DISTINGUISHED SCHOOLS.—
‘‘(A) Each State shall designate as a distin-
guished school any school served under this part
which, for 3 consecutive years, has exceeded the
State’s definition of adequate progress as defined
in section 1111(b)(2), and, any school in which
virtually all students have met the State’s ad-
vanced performance standards and in which eq-
uity in participation and achievement of stu-
dents by sex has been achieved or significantly
improved.
‘‘(B) Schools designated under this para-
graph may serve as models and provide support
to other schools, especially schoolwide programs
and schools in program improvement, to assist
such schools in meeting the State’s performance
standards.
‘‘(C) States shall use funds available under
section 1002(6) to allow schools identified under
this paragraph to carry out the activities de-
scribed in subparagraph (B) and may use such
funds to provide awards to such schools to fur-
ther their education programs under this part,
provide additional incentives for continued suc-
cess, and reward individuals or groups in the
school for exemplary performance.
‘‘(D) A local educational agency may also
recognize the success of a distinguished school by
providing additional institutional and individ-
ual rewards, such as greater decisionmaking au-
thority at the school building level, increased ac-
cess to resources or supplemental services such as
summer programs that may be used to sustain or
increase success, additional professional develop-
ment opportunities, opportunities to participate
in special projects, and individual financial
bonuses.
‘‘(3) DISTINGUISHED EDUCATORS.—
‘‘(A) In order to provide assistance to
schools and local educational agencies identified
as needing improvement or schoolwide programs,
each State, in consultation with local edu-
cational agencies and using funds available
under section 1002(6), shall establish a corps of
distinguished educators.
‘‘(B) When possible, distinguished educators
shall be chosen from schools served under this
part that have been especially successful in ena-
bling children to meet or make outstanding
progress toward meeting the State’s performance
standards, such as the schools described in para-
graph (2).
‘‘(C) Distinguished educators shall provide,
as part of the statewide system, intensive and
sustained assistance to the schools and local edu-
cational agencies furthest from meeting the
State’s standards and schoolwide programs as
they develop and implement their plans, includ-
ing participation in the support teams described
in paragraph (1).
‘‘(d) In order to implement this section, funds under
section 1002(6) may be used by a State for release time
for teachers and administrators, travel, training, and other
related costs.
‘‘(e) ALTERNATIVES.—If a State has devised alter-
native or additional approaches to providing the assistance
described in paragraphs (1) and (3) of subsection (c), such
as providing assistance through institutions of higher edu-
cation and educational service agencies or other local con-
sortia, the State may seek approval from the Secretary to
use funds authorized in section 1002(6) for such approaches
as part of the State plan.
‘‘SEC. 1118. PARENTAL INVOLVEMENT.
‘‘(a) IN GENERAL.—A local educational agency may
receive funds under this part only if it implements pro-
grams, activities, and procedures for the involvement of
parents in programs assisted under this title. Such activi-
ties shall be planned and implemented with meaningful
consultation with parents of participating children.
‘‘(b) LOCAL EDUCATIONAL AGENCY POLICY.—(1) Each
local educational agency that receives funds under this part
shall develop jointly with, and make available to, parents
of participating children a written parental involvement
policy that is incorporated into the local educational agen-
cy’s plan developed under section 1112, establishes the ex-
pectations for parental involvement, and describes how the
local educational agency will—
‘‘(A) involve parents in the development of the
plan described under section 1112, and the process of
school review and improvement described under sec-
tion 1116;
‘‘(B) provide the coordination, technical assist-
ance, and other support necessary to assist partici-
pating schools in planning and implementing effec-
tive parent involvement;
‘‘(C) build the schools’ and parents’ capacity for
strong parent involvement as described in subsection
(f);
‘‘(D) coordinate and integrate parental involve-
ment strategies in this part with parental involve-
ment strategies under other programs, including
Head Start, Even Start, and State-run preschool pro-
grams;
‘‘(E) conduct, with the involvement of parents,
an annual evaluation of the content and effectiveness
of the parental involvement policy developed under
this section in increasing the participation of parents
to identify barriers to greater participation by par-
ents in activities authorized by this section, giving
particular attention to parents who are economically
disadvantaged, are disabled, have limited-English
proficiency, have limited literacy, or are of any racial
or ethnic minority background and use the findings
of such reviews in designing strategies for school im-
provement.
‘‘(2) If the local educational agency has an agency-
wide parental involvement policy that applies to all par-
ents, it may amend such policy, if necessary, to meet the
requirements of this subsection.
‘‘(3) Each local educational agency shall reserve not
less than 1 percent of its allocation under this part for the
purposes of carrying out this section, including family lit-
eracy and parenting skills.
‘‘(c) SCHOOL PARENTAL INVOLVEMENT PLAN.—(1)
Each school served under this part shall jointly develop
with, and make available to, parents of participating chil-
dren a written parental involvement plan that shall be in-
corporated into the school plan developed under section
1114 or 1115 and shall describe the means for carrying out
the requirements of subsections (c) through (f).
‘‘(2) If the school has a parental involvement policy
that applies to all parents, it may amend such policy, if
necessary, to meet the requirements of this subsection.
‘‘(d) POLICY INVOLVEMENT.—Each school served under
this part shall—
‘‘(1) convene an annual meeting, at a convenient
time, to which all parents of participating children
shall be invited and encouraged to attend, to inform
parents of the school’s participation under this part
and to explain this part, its requirements, and the
parent’s right to be involved;
‘‘(2) involve parents, in an organized, ongoing,
and timely way, in the planning, review, and im-
provement of programs under this part, including the
development of the school plan under section 1114 or
1115 or if a school has in place a process for involv-
ing parents in the planning and design of its pro-
grams, the school may use such process, provided that
the process includes an adequate representation of
parents of participating children; and
‘‘(3) provide parents of participating children—
‘‘(A) timely information about programs
under this part;
‘‘(B) school performance profiles required
under section 1116(a)(2) and individual student
assessment results, including an interpretation of
such results, required under section 1111(b)(3);
‘‘(C) opportunities for regular meetings to
formulate suggestions, if such parents so desire;
and
‘‘(D) timely responses to parents’ rec-
ommendations.
‘‘(e) SHARED RESPONSIBILITIES FOR HIGH STUDENT
PERFORMANCE.—As a component of the school-level paren-
tal involvement plan developed under subsection (b), each
school served under this part shall jointly develop with par-
ents for all children a school-parent compact that outlines
how parents, the entire school staff, and students will share
the responsibility for improved student achievement and the
means by which the school and parents will build and de-
velop a partnership to help children achieve the State’s high
standards. Such compact shall—
‘‘(1) describe the school’s responsibility to pro-
vide high-quality curriculum and instruction in a
supportive and effective learning environment that
enable the children to meet the State’s challenging
performance standards, and the ways in which each
parent will be responsible for supporting his or her
children’s learning, including monitoring attendance,
homework completion, television watching, and posi-
tive use of extracurricular time; and
‘‘(2) address the importance of communication
between teachers and parents on an ongoing basis
through at a minimum—
‘‘(A) parent-teacher conferences in elemen-
tary schools, at least annually, during which the
compact shall be discussed as it relates to the in-
dividual child’s achievement;
‘‘(B) frequent reports to parents on their
children’s progress; and
‘‘(C) reasonable access to staff and observa-
tion of classroom activities.
‘‘(f) BUILDING CAPACITY FOR INVOLVEMENT.—To en-
sure effective involvement of parents and to support a part-
nership among the school, parents, and the community to
improve student achievement, each school and local edu-
cational agency—
‘‘(1) shall provide assistance to participating
parents in such areas as understanding the National
Education Goals, the State’s content and performance
standards, opportunity-to-learn standards, State and
local assessments, the requirements of this part, and
how to monitor a child’s progress and work with edu-
cators to improve the performance of their children;
‘‘(2) shall provide materials and training, in-
cluding—
‘‘(A) coordinating necessary literacy train-
ing from other sources to help parents work with
their children to improve their children’s
achievement; and
‘‘(B) training to enable parents to work
more effectively with teachers, schools, and school
systems;
‘‘(3) shall educate teachers, principals, and other
staff in the value and utility of contributions of par-
ents, and in how to reach out to, communicate with,
and work with parents as equal partners, implement
and coordinate parent programs, and build ties be-
tween home and school;
‘‘(4) shall develop appropriate roles for commu-
nity-based organizations and businesses in parent in-
volvement activities, including providing information
about opportunities for them to work with parents
and schools, and encouraging the formation of part-
nerships between elementary, middle, and secondary
schools and local businesses that include a role for
parents;
‘‘(5) shall ensure, to the extent possible, that in-
formation related to school and parent programs,
meetings, and other activities is sent to the homes of
participating children in the language used in such
homes;
‘‘(6) shall involve parents in the development of
training for teachers, principals, and other educators
for the purpose of improving the effectiveness of such
training in improving instruction and services to the
children of such parents;
‘‘(7) may provide necessary literacy training
from funds received under this part if the local edu-
cational agency has exhausted all other reasonably
available sources of funding for such activities;
‘‘(8) may pay reasonable and necessary expenses
associated with local parental involvement activities,
including transportation and child care costs to en-
able parents to participate in school-related meetings
and training sessions;
‘‘(9) may coordinate and integrate parent in-
volvement programs and activities with Head Start,
Even Start, and State-run preschool programs;
‘‘(10) may train and support parents to enhance
the involvement of other parents;
‘‘(11) may arrange meetings at a variety of
times, such as in the mornings and evenings in order
to maximize opportunities of parents to participate
in school related activities;
‘‘(12) may arrange for teachers or other edu-
cators, who work directly with participating children,
to conduct in-home conferences with parents who are
unable to attend such conferences at school; and
‘‘(13) may adopt and implement model ap-
proaches to improving parental involvement such as
Even Start.
‘‘(g) ACCESSIBILITY.—In carrying out the parental in-
volvement requirements of this part, local educational agen-
cies and schools shall, to the extent practicable, ensure that
parents of limited-English proficient children or disabled
children are afforded the same access to parental involve-
ment opportunities as their children are afforded to other
programs funded under this part, including the provision
of information in a language and form that the parents
of such children can understand.
‘‘SEC. 1119. PROFESSIONAL DEVELOPMENT.
‘‘(a) PROGRAM
REQUIREMENTS.—(1) Local edu-
cational agencies receiving assistance under this part shall
provide high-quality, sustained professional development
that will improve the teaching of the core academic subjects,
consistent with the State content standards, in order to en-
able all children to meet the State’s performance standards.
‘‘(2) Professional development activities shall be de-
signed by teachers and other school staff in schools receiving
assistance under this part.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—
‘‘(1) Professional development activities shall—
‘‘(A) support instructional practices that
are geared to challenging State content standards
and create a school environment conducive to
high achievement in the core academic subjects;
‘‘(B) support local educational agency plans
under section 1112 and school plans under sec-
tions 1114 and 1115;
‘‘(C) draw on resources available under this
part, title III of the Goals 2000: Educate Amer-
ican Act, part A of title II of this Act, and from
other sources;
‘‘(D) where appropriate, include strategies
for developing curricula and teaching methods
that integrate academic and vocational instruc-
tion (including applied learning and team teach-
ing strategies); and
‘‘(E) include strategies for identifying and
eliminating gender and racial bias in instruc-
tional materials, methods, and practices.
(2) Professional development activities may in-
clude—
‘‘(A) instruction in the use of assessments;
‘‘(B) instruction in ways that teachers,
principals, and school administrators may work
more effectively with parents;
‘‘(C) the forming of partnerships with insti-
tutions of higher education to establish school-
based teacher training programs that provide
prospective teachers and novice teachers with an
opportunity to work under the guidance of expe-
rienced teachers and college faculty;
‘‘(D) instruction in the use of technology;
‘‘(E) the creation of career ladder programs
for paraprofessionals (assisting teachers under
this part) to obtain the education necessary for
them to become licensed and certified teachers;
‘‘(F) instruction in ways to teach special
needs children;
‘‘(G) instruction in gender-equitable edu-
cation methods, techniques, and practices;
‘‘(H) joint professional development activi-
ties involving programs under this part, Head
Start, Even Start, or State-run preschool pro-
gram personnel; and
‘‘(I) instruction in experiential-based teach-
ing methods such as service learning.
‘‘(c) PROGRAM REQUIREMENTS.—Programs should be
designed so that—
‘‘(1) all school staff in schoolwide program
schools can participate in professional development
activities;
‘‘(2) all school staff in targeted assistance schools
may participate in professional development activi-
ties if such participation will result in better address-
ing the needs of students served under this part.
‘‘(d) PARENTAL PARTICIPATION.—Parents may par-
ticipate in professional development activities under this
part if the school determines that parental participation
would be appropriate.
‘‘(e) CONSORTIA.—In carrying out such professional
development programs, local educational agencies may pro-
vide such services through consortia arrangements with
other local educational agencies, educational service agen-
cies or other local consortia, institutions of higher education
or other public or private institutions or organizations.
‘‘(f) EFFECTIVE TEACHING STRATEGIES.—Knowledge
of effective teaching strategies that is gained through profes-
sional development activities under this section may be
shared with teachers who are not participating in
schoolwide or targeted assistance programs under this part.
‘‘(g) COMBINATIONS
OF
FUNDS.—Funds provided
under this part that are used for professional development
purposes may be combined with funds provided under part
A of title II of this Act, title III of the Goals 2000: Educate
America Act, and other sources.
‘‘(h)(1) The State educational agency shall review the
local educational agency’s plan to determine if such agen-
cy’s professional development activities—
‘‘(A) are tied to challenging State student con-
tent and performance standards and opportunity-to-
learn standards;
‘‘(B) reflect recent research on teaching and
learning;
‘‘(C) are of sufficient intensity and duration to
have a positive impact on the teacher’s performance
in the classroom;
‘‘(D) are part of the everyday activities of the
school and create an orientation toward continuous
improvement in the classroom or throughout the
school;
‘‘(E) include methods to teach children with spe-
cial needs;
‘‘(F) are developed with the extensive participa-
tion of teachers; and
‘‘(G) include gender-equitable education methods,
techniques, and practices.
‘‘(2) If a local educational agency’s plan for profes-
sional development does not meet such criteria, the State
educational agency shall assist such local educational agen-
cies in making progress toward inclusion of such elements
in the local educational agency’s professional development
activities.
‘‘(i) INSTRUCTIONAL AIDES.—(1) If a local edu-
cational agency uses funds received under this part to em-
ploy instructional aides, the local educational agency shall
ensure that such aides—
‘‘(A) possess the knowledge and skills sufficient to
assist participating children in meeting the edu-
cational goals of this part;
‘‘(B)(i) have a high school diploma, a General
Education Development certificate, or earn either
within 2 years of employment, except that
‘‘(ii) a local educational agency may employ an
instructional aide that does not meet the requirement
in clause (i) if such aide possesses proficiency in a
language other than English that is needed to enhance
the participation of children in programs under this
part; and
‘‘(C) are under the direct supervision of a teach-
er who has primary responsibility for providing in-
structional services to eligible children.
‘‘(2) Local educational agencies receiving funds under
this part shall include instructional aides in professional
development activities.
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN
PRIVATE SCHOOLS.
‘‘(a) GENERAL REQUIREMENT.—(1) To the extent con-
sistent with the number of eligible children identified under
section 1115(b) in a local educational agency who are en-
rolled in private elementary and secondary schools, a local
educational agency shall, after timely and meaningful con-
sultation with appropriate private school officials, provide
such children, on an equitable basis, special educational
services or other benefits under this part (such as dual en-
rollment, educational radio and television, computer equip-
ment and materials, other technology, and mobile edu-
cational services and equipment).
‘‘(2) The educational services or other benefits, includ-
ing materials and equipment, must be secular, neutral, and
nonideological.
‘‘(3) Educational services and other benefits for such
private school children shall be equitable in comparison to
services and other benefits for public school children partici-
pating under this part.
‘‘(4) Expenditures for educational services and other
benefits to eligible private school children shall be equal to
the proportion of funds allocated to participating school at-
tendance areas based on the number of children from low-
income families who attend private schools.
‘‘(5) The local educational agency may provide such
services directly or through contracts with public and pri-
vate agencies, organizations, and institutions.
‘‘(b) PUBLIC CONTROL OF FUNDS.—(1) The control of
funds provided under this part, and title to materials,
equipment, and property purchased with such funds, shall
be in a public agency, and a public agency shall administer
such funds and property.
‘‘(2)(A) The provision of services under this section
shall be provided—
‘‘(i) by employees of a public agency; or
‘‘(ii) through contract by such public agency
with an individual, association, agency, or organiza-
tion.
‘‘(B) In the provision of such services, such employee,
person, association, agency, or organization shall be inde-
pendent of such private school and of any religious organi-
zation, and such employment or contract shall be under the
control and supervision of such public agency.
‘‘(c) STANDARDS
FOR
A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for the
participation on an equitable basis of eligible children en-
rolled in private elementary and secondary schools or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for such par-
ticipation, as required by this section, the Secretary shall—
‘‘(1) waive the requirements of this section for
such local educational agency; and
‘‘(2) arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section and sections 9505 and
9506 of this Act.
‘‘(d) CAPITAL EXPENSES.—(1)(A) From the amount
appropriated for this subsection under section 1002(5) for
any fiscal year, each State is eligible to receive an amount
that bears the same ratio to the amount so appropriated
as the number of private school children who received serv-
ices under this part in the State in the most recent year
for which data satisfactory to the Secretary are available
bears to the number of such children in all States in that
same year.
‘‘(B) The Secretary shall reallocate any amounts allo-
cated under subparagraph (A) that are not used by a State
for the purpose of this subsection to other States on the basis
of their respective needs, as determined by the Secretary.
‘‘(2)(A) A local educational agency may apply to the
State educational agency for payments for capital expenses
consistent with this subsection.
‘‘(B) State educational agencies shall distribute such
funds to local educational agencies based on the degree of
need set forth in their respective applications.
‘‘(3) Any funds appropriated to carry out this sub-
section shall be used only for capital expenses incurred to
provide equitable services for private school children under
this section.
‘‘(4) For the purpose of this subsection, the term ‘cap-
ital expenses’ is limited to—
‘‘(A) expenditures for noninstructional goods and
services, such as the purchase, lease, or renovation of
real and personal property, including, but not limited
to, mobile educational units and leasing of neutral
sites or spaces;
‘‘(B) insurance and maintenance costs;
‘‘(C) transportation; and
‘‘(D) other comparable goods and services.
‘‘SEC. 1121. FISCAL REQUIREMENTS.
‘‘(a) MAINTENANCE OF EFFORT.—A local educational
agency may receive funds under this part for any fiscal
year only if the State educational agency finds that the
local educational agency has maintained its fiscal effort in
accordance with section 9501 of this Act, including such
effort for professional development activities.
‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP-
PLANT, NON-FEDERAL FUNDS.—(1)(A) Except as provided
in subparagraph (B), a State or local educational agency
shall use funds received under this part only to supplement
the amount of funds that would, in the absence of such Fed-
eral funds, be made available from non-Federal sources for
the education of pupils participating in programs assisted
under this part, and not to supplant such funds.
‘‘(B) For the purpose of complying with subparagraph
(A), a State or local educational agency may exclude sup-
plemental State and local funds expended in any eligible
school attendance area or school for programs that meet the
requirements of section 1114 or 1115.
‘‘(2) No local educational agency shall be required to
provide services under this part through a particular in-
structional method or in a particular instructional setting
in order to demonstrate its compliance with paragraph (1).
‘‘(c) COMPARABILITY OF SERVICES.—(1)(A) Except as
provided in paragraphs (4) and (5), a local educational
agency may receive funds under this part only if State and
local funds will be used in schools served under this part
to provide services that, taken as a whole, are at least com-
parable to services in schools that are not receiving funds
under this part.
‘‘(B) If the local educational agency is serving all of
its schools under this part, such agency may receive funds
under this part only if it will use State and local funds
to provide services that, taken as a whole, are substantially
comparable in each school.
‘‘(C) A local educational agency may meet the require-
ments of subparagraphs (A) and (B) on a grade-span by
grade-span basis or a school-by-school basis.
‘‘(2)(A) To meet the requirements of paragraph (1),
a local educational agency shall demonstrate that—
‘‘(i) expenditures per pupil from State and local
funds in each school served under this part are equal
to or greater than the average expenditures per pupil
in schools not receiving services under this part; or
‘‘(ii) instructional salaries per pupil from State
and local funds in each school served under this part
are equal or greater than the average instructional
salaries per pupil in schools not receiving services.
‘‘(B) A local educational agency need not include un-
predictable changes in student enrollment or personnel as-
signments that occur after the beginning of a school year
in determining comparability of services under this sub-
section.
‘‘(3) Each local educational agency shall—
‘‘(A) develop procedures for compliance with this
subsection; and
‘‘(B) maintain records that are updated bienni-
ally documenting its compliance.
‘‘(4) This subsection shall not apply to a local edu-
cational agency that does not have more than one building
for each grade span.
‘‘(5) For the purpose of determining compliance with
paragraph (1), a local educational agency may exclude
State and local funds expended for—
‘‘(A) bilingual education for children of limited
English proficiency; and
‘‘(B) excess costs of providing services to children
with disabilities.
100
‘‘Subpart 2—Allocations
‘‘SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
‘‘(a) RESERVATION OF FUNDS.—From the amount ap-
propriated for payments to States for any fiscal year under
section 1002(a), the Secretary shall reserve a total of 1 per-
cent to provide assistance to—
‘‘(1) the outlying areas on the basis of their re-
spective need for such assistance according to such
criteria as the Secretary determines will best carry
out the purpose of this part; and
‘‘(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection
(b).
‘‘(b) ALLOTMENT TO THE SECRETARY OF THE INTE-
RIOR.—
‘‘(1) The amount allotted for payments to the
Secretary of the Interior under subsection (a)(2) for
any fiscal year shall be, as determined pursuant to
criteria established by the Secretary, the amount nec-
essary to meet the special educational needs of—
‘‘(A) Indian children on reservations served
by elementary and secondary schools for Indian
children operated or supported by the Depart-
ment of the Interior; and
101
‘‘(B) out-of-State Indian children in ele-
mentary and secondary schools in local edu-
cational agencies under special contracts with
the Department of the Interior.
‘‘(2) From the amount allotted for payments to
the Secretary of the Interior under subsection (a)(2),
the Secretary of the Interior shall make payments to
local educational agencies, upon such terms as the
Secretary of Education determines will best carry out
the purposes of this part, with respect to out-of-State
Indian children described in paragraph (1). The
amount of such payment may not exceed, for each
such child, the greater of—
‘‘(A) 40 percent of the average per-pupil ex-
penditure in the State in which the agency is lo-
cated; or
‘‘(B) 48 percent of such expenditure in the
United States.
‘‘SEC. 1123. ALLOCATIONS TO STATES.
‘‘(a) GENERAL.—For each fiscal year, an amount of
the appropriations for this part equal to the appropriation
for fiscal year 1994 for part A of chapter 1, title I, Elemen-
tary and Secondary Education Act, shall be allocated in
accordance with sections 1124 and 1124A. Any additional
appropriations for this part for any fiscal year, after appli-
102
cation of the preceding sentence, shall be allocated in ac-
cordance with section 1125.
‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP-
PROPRIATIONS.—
‘‘(1) If the sums available under this part for
any fiscal year are insufficient to pay the full
amounts that all local educational agencies in States
are eligible to receive under sections 1124, 1124A, and
1125 for such year, the Secretary shall ratably reduce
the allocations to such local educational agencies, sub-
ject to subsections (c) and (d) of this section.
‘‘(2) If additional funds become available for
making payments under sections 1124, 1124A, and
1125 for such fiscal year, allocations that were re-
duced under paragraph (1) shall be increased on the
same basis as they were reduced.
‘‘(c) HOLD-HARMLESS AMOUNTS.—Notwithstanding
subsection (b), the total amount made available to each local
educational agency under each of sections 1124 and 1125
for any fiscal year shall be at least 85 percent of the total
amount such local educational agency was allocated under
such sections (or, for fiscal year 1995, their predecessor au-
thorities) for the preceding fiscal year.
‘‘(d) DEFINITION.—For the purpose of this section and
sections 1124 and 1125, the term State means each of the
103
50 States, the District of Columbia, and the Commonwealth
of Puerto Rico.
‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN-
CIES AND PUERTO RICO.—
‘‘(A) The grant which a local educational
agency in a State is eligible to receive under this
subpart for a fiscal year shall (except as pro-
vided in section 1126), be determined by mul-
tiplying the number of children counted under
subsection (c) by 40 percent of the amount deter-
mined under the next sentence. The amount de-
termined under this sentence shall be the average
per pupil expenditure in the State except that (i)
if the average per pupil expenditure in the State
is less than 80 percent of the average per pupil
expenditure in the United States, such amount
shall be 80 percent of the average per pupil ex-
penditure in the United States, or (ii) if the av-
erage per pupil expenditure in the State is more
than 120 percent of the average per pupil ex-
penditure in the United States, such amount
shall be 120 percent of the average per pupil ex-
104
penditure in the United States. For each local
educational agency serving an area with a total
population of at least 20,000 persons, the grant
under this section shall be the amount deter-
mined by the Secretary. For local educational
agencies serving areas with total population of
fewer than 20,000 persons, the State education
agency may either (I) distribute to such local
educational agencies grants under this section
equal to the amounts determined by the Sec-
retary; or (II) use an alternative method, ap-
proved by the Secretary, to distribute the share
of the State’s total grants under this section that
is based on local educational agencies with total
populations of fewer than 20,000 persons. Such
an alternative method of distributing grants
under this section among a State’s local edu-
cational agencies serving areas with total popu-
lations of fewer than 20,000 persons shall be
based upon population data that the State edu-
cation agency determines best reflect the current
distribution of children in poor families among
the State’s local educational agencies serving
areas with total populations of fewer than 20,000
persons. If a local educational agency serving an
105
area with total population of less than 20,000
persons is dissatisfied with the determination of
its grant by the State education agency, then it
may appeal this determination to the Secretary.
The Secretary must respond to this appeal with-
in 45 days of receipt. The Secretary shall consult
with the Secretary of Commerce regarding
whether available data on population for local
educational agencies serving areas with total
populations of fewer than 20,000 persons are suf-
ficiently reliable to be used to determine final
grants to such areas.
‘‘(B) If, and only if, there are portions of
any of the States for which the Department of
Commerce has not prepared data on the number
of children, aged 5–17, from families below the
poverty level for local educational agencies, then
the Secretary shall use such data compiled for
counties in those portions of the States, treating
the counties as if they were local educational
agencies. In such cases, subject to section 1126,
the grant for any local educational agency in
such an area of a State shall be determined on
the basis of the aggregate amount of such grants
for all such agencies in the county or counties in
106
which the school district of the particular agency
is located, which aggregate amount shall be equal
to the aggregate amount determined under sub-
paragraph (A) for such county or counties, and
shall be allocated among those agencies upon
such equitable basis as may be determined by the
State educational agency in accordance with
basic criteria prescribed by the Secretary.
‘‘(C) For each fiscal year, the Secretary
shall determine the percentage which the average
per pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per pupil ex-
penditure of any of the 50 States. The grant
which the Commonwealth of Puerto Rico shall be
eligible to receive under this subpart for a fiscal
year shall be the amount arrived at by multiply-
ing the number of children counted under sub-
section (c) for the Commonwealth of Puerto Rico
by the product of—
‘‘(i) the percentage determined under
the preceding sentence; and
‘‘(ii) 32 percent of the average per
pupil expenditure in the United States.
‘‘(2) DEFINITION.—For purposes of this sub-
section, the term ‘State’ does not include Guam,
108
ant to subpart 3 of part D for the purposes of
a grant to a State agency, or being supported in
foster homes with public funds.
‘‘(2) DETERMINATION
OF
NUMBER
OF
CHIL-
DREN.—
‘‘(A) For the purposes of this section, the
Secretary shall determine the number of children
aged 5 to 17, inclusive, from families below the
poverty level on the basis of the most recent satis-
factory data available from the Department of
Commerce for local educational agencies (as pro-
duced and published under section 181a of title
13, United States Code). If, and only if, there
are portions of any of the States for which the
Department of Commerce has not prepared data
on the number of children, aged 5–17, from fam-
ilies below the poverty level for local educational
agencies, then the Secretary shall use such data
compiled for counties in those portions of the
States, treating the counties as if they were local
educational agencies. The District of Columbia
and the Commonwealth of Puerto Rico shall be
treated as individual local educational agencies.
If a local educational agency contains two or
more counties in their entirety, then each county
109
will be treated as if it were a separate local edu-
cational agency for purposes of calculating
grants under this part. The total of grants for
such counties shall be allocated to such a local
educational agency, which shall distribute to
schools in each county within it a share of the
local educational agency’s total grant that is no
less than the county’s share of the population
counts used to calculate the local educational
agency’s grant. If the Department of Commerce
has updated data on the number of children,
aged 5–17, from families below the poverty level
for local educational agencies, then the Secretary
shall use the updated data. In determining the
families which are below the poverty level, the
Secretary shall utilize the criteria of poverty
used by the Bureau of the Census in compiling
the most recent decennial census, in such form as
those criteria have been updated by increases in
the Consumer Price Index for all urban consum-
ers, published by the Bureau of Labor Statistics.
‘‘(B) For purposes of this section, the Sec-
retary shall determine the number of children
aged 5 to 17, inclusive, from families above the
poverty level on the basis of the number of such
110
children from families receiving an annual in-
come, in excess of the current criteria of poverty,
from payments under the program of aid to fam-
ilies with dependent children under a State plan
approved under title IV of the Social Security
Act; and in making such determinations the Sec-
retary shall utilize the criteria of poverty used
by the Bureau of the Census in compiling the
most recent decennial census for a family of 4 in
such form as those criteria have been updated by
increases in the Consumer Price Index for all
urban consumers, published by the Bureau of
Labor Statistics. The Secretary shall determine
the number of such children and the number of
children of such ages living in institutions for
neglected or delinquent children, or being sup-
ported in foster homes with public funds, on the
basis of the caseload data for the month of Octo-
ber of the preceding fiscal year (using, in the
case of children described in the preceding sen-
tence, the criteria of poverty and the form of
such criteria required by such sentence which
were determined for the calendar year preceding
such month of October) or, to the extent that such
data are not available to the Secretary before
111
January of the calendar year in which the Sec-
retary’s determination is made, then on the basis
of the most recent reliable data available to the
Secretary at the time of such determination. The
Secretary of Health and Human Services shall
collect and transmit the information required by
this subparagraph to the Secretary not later
than January 1 of each year.
‘‘(C) When requested by the Secretary, the
Secretary of Commerce shall make a special up-
dated estimate of the number of children of such
ages who are from families below the poverty
level (as determined under subparagraph (A) of
this paragraph) in each school district, and the
Secretary is authorized to pay (either in advance
or by way of reimbursement) the Secretary of
Commerce the cost of making this special esti-
mate. The Secretary of Commerce shall give con-
sideration to any request of the chief executive of
a State for the collection of additional census in-
formation. For purposes of this section, the Sec-
retary shall consider all children who are in cor-
rectional institutions to be living in institutions
for delinquent children.
‘‘(d) STATE MINIMUM.—
112
‘‘(1) The aggregate amount allotted for all local
educational agencies within a State may not be less
than one-quarter of 1 percent of the total amount
available for such fiscal year under this section.
‘‘(2)(A) No State shall, by reason of the applica-
tion of the provisions of paragraph (1) of this sub-
section, be allotted more than—
‘‘(i) 150 percent of the amount that the
State received in the fiscal year preceding the
fiscal year for which the determination is made,
or
‘‘(ii) the amount calculated under subpara-
graph (B), whichever is less.
‘‘(B) For the purpose of subparagraph (A)(ii),
the amount for each State equals—
‘‘(i) the number of children in such State
counted under subsection (c) in the fiscal year
specified in subparagraph (A), multiplied by
‘‘(ii) 150 percent of the national average
per pupil payment made with funds available
under this section for that year.
‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU-
CATIONAL AGENCIES.
‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
113
‘‘(1)(A) Except as otherwise provided in this
paragraph, each local educational agency, in a State
other than Guam, American Samoa, the Virgin Is-
lands, the Northern Mariana Islands, and Palau,
which is eligible for a grant under this part for any
fiscal year shall be entitled to an additional grant
under this section for that fiscal year if—
‘‘(i) the number of children counted under
section 1124(c) of this part in the local edu-
cational agency for the preceding fiscal year ex-
ceeds 6,500, or
‘‘(ii) the number of children counted under
section 1124(c) exceeds 15 percent of the total
number of children aged five to seventeen, inclu-
sive, in the local educational agency in that fis-
cal year.
‘‘(B) Except as provided in subparagraph (C),
no State described in subparagraph (A) shall receive
less than—
‘‘(i) one-quarter of 1 percent of the sums ap-
propriated under paragraph (6) of this section
for such fiscal year; or
‘‘(ii) $250,000, whichever is higher.
114
‘‘(C) No State shall, by reason of the application
of the provisions of subparagraph (B)(i) of this para-
graph, be allotted more than—
‘‘(i) 150 percent of the amount that the
State received in the fiscal year preceding the
fiscal year for which the determination is made,
or
‘‘(ii) the amount calculated under subpara-
graph (D), whichever is less.
‘‘(D) For the purpose of subparagraph (C), the
amount for each State equals—
‘‘(i) the number of children in such State
counted for purposes of this section in the fiscal
year specified in subparagraph (B), multiplied
by
‘‘(ii) 150 percent of the national average
per pupil payment made with funds available
under this section for that year.
‘‘(2) For each local educational agency eligible to
receive an additional grant under this section for any
fiscal year the Secretary shall determine the product
of—
‘‘(A) the greater of—
‘‘(i) the number of children in excess of
6,500 counted under section 1124(c) for the
115
preceding fiscal year, in a local educational
agency which qualifies on the basis of sub-
paragraph (A)(i) of paragraph (1); or
‘‘(ii) the number of children counted
under section 1124(c) for the preceding fis-
cal year in a local educational agency
which qualifies on the basis of subpara-
graph (A)(ii) of paragraph (1); and
‘‘(B) the quotient resulting from the divi-
sion of the amount determined for those agencies
under section 1124(a)(1) for the fiscal year for
which the determination is being made divided
by the total number of children counted under
section 1124(c) for that agency for the preceding
fiscal year.
‘‘(3) The amount of the additional grant to
which an eligible local educational agency is entitled
under this section for any fiscal year shall be an
amount which bears the same ratio to the amount re-
served under paragraph (6) for that fiscal year as the
product determined under paragraph (2) for such
local educational agency for that fiscal year bears to
the sum of such products for all local educational
agencies in the United States for that fiscal year.
116
‘‘(4) For the purposes of this section, the Sec-
retary shall determine the number of children counted
under section 1124(c) for any local educational agen-
cy, and the total number of children aged five to sev-
enteen, inclusive, in local educational agencies, on the
basis of the most recent satisfactory data available at
the time the payment for such local educational agen-
cy is determined under section 1124.
‘‘(5)(A) For each local educational agency serv-
ing an area with a total population of at least 20,000
persons, the grant under this section shall be the
amount determined by the Secretary. For local edu-
cational agencies serving areas with total populations
of fewer than 20,000 persons, the State education
agency may either (i) distribute to such local edu-
cational agencies grants under this section equal to
the amounts determined by the Secretary; or (ii) use
an alternative method, approved by the Secretary, to
distribute the share of the State’s total grants under
this section that is based on local educational agencies
with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants
under this section among a State’s local educational
agencies serving areas with total populations of fewer
than 20,000 persons shall be based upon population
117
data that the State education agency determines best
reflects the current distribution of children in poor
families among the State’s local educational agencies
serving areas with total populations of fewer than
20,000 persons and meeting the eligibility criteria of
paragraph (1)(A). If a local educational agency serv-
ing an area with total population of less than 20,000
persons is dissatisfied with the determination of its
grant by the State education agency, then it may ap-
peal this determination to the Secretary. The Sec-
retary must respond to this appeal within 45 days of
receipt. The Secretary shall consult with the Secretary
of Commerce regarding whether available data on
population for local educational agencies serving
areas with total populations of fewer than 20,000 per-
sons are sufficiently reliable to be used to determine
final grants to such areas meeting the eligibility cri-
teria of paragraph (1)(A).
‘‘(B) If, and only if, there are portions of any
of the States for which the Department of Commerce
has not prepared data on the number of children,
aged 5–17, from families below the poverty level for
local educational agencies, then the Secretary shall
use such data compiled for counties in those portions
of the States, treating the counties as if they were
118
local educational agencies. In such cases, subject to
section 1126, the grant for any local educational
agency in such an area of a State shall be determined
on the basis of the aggregate amount of such grants
for all such agencies in the county or counties in
which the school district of the particular agency is
located, which aggregate amount shall be equal to the
aggregate amount determined under subparagraph
(A) for such county or counties, and shall be allocated
among those agencies upon such equitable basis as
may be determined by the State educational agency
in accordance with the basic criteria prescribed by the
Secretary.
‘‘(b) RESERVATION OF FUNDS.—Of the total amount
of funds available for sections 1124 and 1124A, 10 percent
of the amount appropriated for that fiscal year shall be
available to carry out this section.
‘‘(c) RATABLE REDUCTION RULE.—If the sums avail-
able under subsection (b) for any fiscal year for making
payments under this section are not sufficient to pay in
full the total amounts which all States are entitled to receive
under subsection (a) for such fiscal year, the maximum
amounts which all States are entitled to receive under sub-
section (a) for such fiscal year shall be ratably reduced. In
case additional funds become available for making such
119
payments for any fiscal year during which the preceding
sentence is applicable, such reduced amounts shall be in-
creased on the same basis as they were reduced.
‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
‘‘(a) ELIGIBILITY
OF LOCAL EDUCATIONAL AGEN-
CIES.—A local educational agency in a State is eligible to
receive a targeted grant under this section for any fiscal
year if the number of children in the local educational agen-
cy under subsection 1124(c), before application of the
weighting factor, is at least 10.
‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,
THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—(1) The
amount of the grant that a local educational agency in a
State or that the District of Columbia is eligible to receive
under this section for any fiscal year shall be the product
of—
‘‘(A) the number of children counted under sub-
section (c); and
‘‘(B) the amount in the second sentence of sub-
paragraph 1124(a)(1)(A).
‘‘(2) For each fiscal year, the amount of the grant for
which the Commonwealth of Puerto Rico is eligible under
this section shall be equal to the number of children counted
120
under subsection (c) for Puerto Rico, multiplied by the
amount determined in subparagraph 1124(a)(1)(C).
‘‘(c) CHILDREN TO BE COUNTED.—
‘‘(1) CATEGORIES OF CHILDREN.—The number
of children to be counted for purposes of this section
shall be the number counted in subsection 1124(c)
multiplied by the weighting factor for the local edu-
cational agency. The weighting factor shall be estab-
lished on the basis of the percentage that the number
of children counted under section 1124(c) represents
of the total population aged 5–17 years in the local
educational agency or the number of such children.
Weighted pupil counts will be calculated based upon
both percentage and number and the larger of the two
counts will be used in calculating grants for each
local educational agency. Weighting factors shall be
assigned according to the following scale: if the per-
centage is greater than 0 but less than 14.265, the
weighting factor shall be 1.00 for all children counted
in section 1124(c); if the percentage is greater than
14.265 but less than 21.553, the weighting factor shall
be 1.00 for a number of children counted in section
1124(c) equal to 14.265 percent of the total school age
population and 1.50 for children counted under sec-
tion 1124(c) in excess of 14.265 percent of the total
121
school age population; if the percentage is greater
than 21.553 percent but less than 29.223 percent, then
the weighting factor shall be 1.00 for a number of
children counted in section 1124(c) equal to 14.265
percent of the total school age population, 1.50 for a
number of children counted under section 1124(c)
equal to 7.288 percent of the total school age popu-
lation, and 2.00 for children counted under section
1124(c) in excess of 21.553 percent of the total school
age population; if the percentage is greater than
29.223 percent but less than 36.538 percent, then the
weighting factor shall be 1.00 for a number of chil-
dren counted in section 1124(c) equal to 14.265 per-
cent of the total school age population, 1.50 for a
number of children counted under section 1124(c)
equal to 7.288 percent of the total school age popu-
lation, 2.00 for a number of children counted under
section 1124(c) equal to 7.67 percent of the total
school age population, and 2.50 for children counted
under section 1124(c) in excess of 29.223 percent of
the total school age population; and if the percentage
is greater than 36.538, then the weighting factor shall
be 1.00 for a number of children counted in section
1124(c) equal to 14.265 percent of the total school age
population, 1.50 for a number of children counted
122
under section 1124(c) equal to 7.288 percent of the
total school age population, 2.00 for a number of chil-
dren counted under section 1124(c) equal to 7.67 per-
cent of the total school age population, 2.50 for a
number of children counted in section 1124(c) equal
to 7.315 percent of the total school age population,
and 3.00 for children counted in section 1124(c) in
excess of 36.538 percent of the total school age popu-
lation. Separately, if the number of children counted
under section 1124(c) is greater than 0 but less than
575, the weighting factor shall be 1.00 for all children
counted in section 1124(c); if the number is greater
than 575 but less than 1,870, the weighting factor
shall be 1.00 for a number of children counted in sec-
tion 1124(c) equal to 575, and 1.50 for children
counted under section 1124(c) in excess of 575; if the
number is greater than 1,870 but less than 6,910,
then the weighting factor shall be 1.00 for a number
of children counted in section 1124(c) equal to 575,
1.50 for a number of children counted under section
1124(c) equal to 1,295, and 2.00 for children counted
under section 1124(c) in excess of 1,870; if the num-
ber is greater than 6,910 but less than 42,000 then the
weighting factor shall be 1.00 for a number of chil-
dren counted in section 1124(c) equal to 575, 1.50 for
123
a number of children counted under section 1124(c)
equal to 1,295, 2.00 for a number of children counted
under section 1124(c) equal to 5,040, and 2.50 for
children counted under section 1124(c) in excess of
6,910; and if the number is greater than 42,000, then
the weighting factor shall be 1.00 for a number of
children counted in section 1124(c) equal to 575, 1.50
for a number of children counted under section
1124(c) equal to 1,295, 2.00 for a number of children
counted under section 1124(c) equal to 5,040, 2.50 for
a number of children counted in section 1124(c) equal
to 35,090 and 3.00 for children counted in section
1124(c) in excess of 42,000. For the Commonwealth of
Puerto Rico, the weighting factor shall be no greater
than 1.62.
‘‘(d) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—
For each local educational agency serving an area with a
total population of at least 20,000 persons, the grant under
this section shall be the amount determined by the Sec-
retary. For local educational agencies serving areas with
total populations of fewer than 20,000 persons, the State
education agency may either (1) distribute to such local
educational agencies grants under this section equal to the
amounts determined by the Secretary; or (2) use an alter-
native method, approved by the Secretary, to distribute the
124
share of the State’s total grants under this section that is
based on local educational agencies with total populations
of fewer than 20,000 persons. Such an alternative method
of distributing grants under this section among a State’s
local educational agencies serving areas with total popu-
lations of fewer than 20,000 persons shall be based upon
population data that the State education agency determines
best reflects the current distribution of children in poor fam-
ilies among the State’s local educational agencies serving
areas with total populations of fewer than 20,000 persons.
If a local educational agency serving an area with total
populations of less than 20,000 persons is dissatisfied with
the determination of its grant by the State education agen-
cy, then it may appeal this determination to the Secretary.
The Secretary must respond to this appeal within 45 days
of receipt. If, and only if, there are portions of any of the
States for which the Department of Commerce has not pre-
pared data on the number of children, aged 5–17, from fam-
ilies below the poverty level for local educational agencies,
then the Secretary shall use such data compiled for counties
in those portions of the States, treating the counties as if
they were local educational agencies. The Secretary shall
consult with the Secretary of Commerce regarding whether
available data on population for local educational agencies
serving areas with total populations of fewer than 20,000
125
persons are sufficiently reliable to be used to determine final
grants to such areas.
‘‘(e) STATE MINIMUM.—Notwithstanding any other
provision of this section, from the total amount available
for any fiscal year to carry out this section, each State shall
be allotted at least the lesser of—
‘‘(1) one quarter of one percent of such amount;
‘‘(2) 150 percent of the national average grant
under this section per child described in section
1124(c), without application of a weighting factor,
multiplied by the State’s total number of children de-
scribed in section 1124(c), without application of a
weighting factor.
‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
‘‘(a) ALLOCATIONS FOR NEGLECTED OR DELINQUENT
CHILDREN.—(1) If a State educational agency determines
that a local educational agency in the State is unable or
unwilling to provide for the special educational needs of
children who are living in institutions for neglected or de-
linquent 
children 
as 
described 
in 
subparagraph
1124(c)(1)(C), the State educational agency shall, if it as-
sumes responsibility for the special educational needs of
such children, receive the portion of such local educational
agency’s allocation under sections 1124, 1124A, and 1125
that is attributable to such children.
126
‘‘(2) If the State educational agency does not assume
such responsibility, any other State or local public agency
that does assume such responsibility shall receive that por-
tion of the local educational agency’s allocation.
‘‘(b) ALLOCATIONS
AMONG
LOCAL
EDUCATIONAL
AGENCIES.—The State educational agency may allocate the
amounts of grants under sections 1124, 1124A, and 1125
between and among the affected local educational agencies
when—
‘‘(1) two or more local educational agencies
serve, in whole or in part, the same geographical
area; or
‘‘(2) a local educational agency provides free
public education for children who reside in the school
district of another local educational agency.
‘‘(c) REALLOCATION.—If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1124, 1124A, and 1125
is more than such local agency will use, the State edu-
cational agency shall make the excess amount available to
other local educational agencies in the State that need addi-
tional funds in accordance with criteria established by the
State educational agency.
127
‘‘SEC. 1127. CARRYOVER AND WAIVER.
‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding
section 412 of the General Education Provisions Act or any
other provision of law, not more than 15 percent of the
funds allocated to a local educational agency for any fiscal
year under this subpart (but not including funds received
through any reallocation under this subpart) may remain
available for obligation by such agency for one additional
fiscal year.
‘‘(b) WAIVER.—A State educational agency may, once
every three years, waive the percentage limitation in sub-
section (a) if—
‘‘(1) the agency determines that the request of a
local educational agency is reasonable and necessary;
or
‘‘(2) supplemental appropriations for this sub-
part become available.
‘‘(c) EXCLUSION.—The percentage limitation under
subsection (a) shall not apply to any local educational
agency that receives less than $50,000 under this subpart
for any fiscal year.
‘‘PART B—EVEN START FAMILY LITERACY
PROGRAMS
‘‘SEC. 1201. STATEMENT OF PURPOSE.
‘‘It is the purpose of this part to help break the cycle
of poverty and illiteracy by improving the educational op-
128
portunities of the Nation’s low-income families by integrat-
ing early childhood education, adult literacy or adult basic
education, and parenting education into a unified family
literacy program, to be referred to as ‘Even Start’, that is
implemented through cooperative projects that build on ex-
isting community resources to create a new range of serv-
ices, that promotes achievement of the National Education
Goals, and that assists children and adults from low-income
families to achieve challenging State standards.
‘‘SEC. 1202. PROGRAM AUTHORIZED.
‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLY-
ING AREAS, INDIAN TRIBES, AND OTHER PURPOSES.—(1)
In each fiscal year, the Secretary shall reserve not less than
5 percent of the amount appropriated under section 1002(b)
of this title for programs, under such terms and conditions
as the Secretary shall establish, that are consistent with the
purpose of this part, and according to their relative needs,
for—
‘‘(A) children of migratory workers;
‘‘(B) the outlying areas;
‘‘(C) Indian tribes and tribal organizations; and
‘‘(2) If the amount of funds made available under sub-
section (a) exceeds $4,600,000, the Secretary shall make a
grant of sufficient size and for a period of sufficient dura-
tion to demonstrate the effectiveness of a family literacy
129
program in a prison that houses women and their preschool
age children and that has the capability of developing a
program of high quality.
‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—From
amounts appropriated under section 1002(b), the Secretary
may reserve not more than three percent of such amounts
or the amount reserved for such purposes in the fiscal year
1994, whichever is greater, for purposes of—
‘‘(1) carrying out the evaluation required by sec-
tion 1209; and
‘‘(2) providing, through grants or contracts, tech-
nical assistance, program improvement, and replica-
tion activities through eligible organizations.
‘‘(c) STATE ALLOCATION.—(1) After reserving funds
under subsections (a) and (b), the Secretary shall allocate
the remaining funds appropriated for this part to States,
to be used in accordance with section 1203.
‘‘(2) Except as provided in paragraph (3), from the
total amount available for allocation to States in any fiscal
year, each State shall be eligible to receive a grant under
paragraph (1) in an amount that bears the same ratio to
such total amount as the amount allocated to such State
under section 1122 of this title bears to the total amount
allocated under that section to all the States.
130
‘‘(3) No State shall receive less than $250,000 under
paragraph (1) for any fiscal year.
‘‘(d) DEFINITIONS.—For the purpose of this part—
‘‘(1) the term ‘eligible entity’ means a partner-
ship composed of both—
‘‘(A) a local educational agency; and
‘‘(B) a nonprofit community-based organi-
zation, public agency, institution of higher edu-
cation, or other public or private nonprofit orga-
nization of demonstrated quality;
‘‘(2) the terms ‘Indian tribe’ and ‘tribal organi-
zation’ have the meanings given such terms in section
4 of the Indian Self-Determination and Education
Assistance Act;
‘‘(3) the term ‘State’ includes each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico; and
‘‘(4) the term ‘eligible organization’ means any
public or private nonprofit organization with a
record of providing effective services to family literacy
providers, such as the National Center for Family
Literacy, Parents as Teachers, Inc., and the Home
Instruction Program for Preschool Youngsters.
131
‘‘SEC. 1203. STATE PROGRAMS.
‘‘(a) STATE-LEVEL ACTIVITIES.—Each State that re-
ceives a grant under section 1202(c)(1) may use not more
than 5 percent for—
‘‘(1) administrative costs; and
‘‘(2) the provision, through one or more
subgrants or contracts, of access to technical assist-
ance for program improvement and replication to eli-
gible entities that receive subgrants under subsection
(b).
‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—(1) Each
State shall use the remainder of its grant to make subgrants
to eligible entities to carry out Even Start programs.
‘‘(2) No State shall award a subgrant under para-
graph (1) for an amount less than $75,000.
‘‘SEC. 1204. USES OF FUNDS.
‘‘(a) IN GENERAL.—In carrying out an Even Start
program under this part, a recipient of funds under this
part shall use such funds to pay the Federal share of the
cost of providing family-centered education programs that
involve parents and children, from birth through age 7, in
a cooperative effort to help parents become full partners in
the education of their children and to assist children in
reaching their full potential as learners.
132
‘‘(b) FEDERAL SHARE LIMITATION.—(1)(A) Except as
provided in paragraph (2), the Federal share under this
part may not exceed—
‘‘(i) 90 percent of the total cost of the program
in the first year that that program receives assistance
under this part or its predecessor authority;
‘‘(ii) 80 percent in the second such year;
‘‘(iii) 70 percent in the third such year;
‘‘(iv) 60 percent in the fourth such year; and
‘‘(v) 50 percent in any subsequent such year.
‘‘(B) The remaining cost of a program under this part
may be provided in cash or in kind, fairly evaluated, and
may be obtained from any source other than funds received
under this title.
‘‘(2) The State educational agency may waive, in
whole or in part, the cost-sharing requirement of paragraph
(1) if an eligible entity—
‘‘(A) demonstrates that it otherwise would not be
able to participate in the program under this part;
and
‘‘(B) negotiates an agreement with the State edu-
cational agency with respect to the amount of the re-
maining cost to which the waiver would be applica-
ble.
133
‘‘(3) Federal funds under this part may not be used
for the indirect costs of an Even Start program, except that
the Secretary may waive this limitation if a recipient of
funds reserved under section 1202(a)(3) demonstrates to the
Secretary’s satisfaction that it otherwise would not be able
to participate in the program under this part.
‘‘SEC. 1205 PROGRAM ELEMENTS.
‘‘Each Even Start program assisted under this part
shall—
‘‘(1) include the identification and recruitment
of families most in need of services provided under
this part, as indicated by a low level of income, a low
level of adult literacy or English language proficiency
of the eligible parent or parents, and other need-relat-
ed indicators;
‘‘(2) include screening and preparation of par-
ents and children to enable them to participate fully
in the activities and services provided under this
part, including testing, referral to necessary counsel-
ling, other developmental and support services, and
related services;
‘‘(3) be designed to accommodate the partici-
pants’ work schedule and other responsibilities, in-
cluding the provision of support services, when un-
134
available from other sources, necessary for participa-
tion, such as—
‘‘(A) scheduling and locating of services to
allow joint participation by parents and chil-
dren;
‘‘(B) child care for the period that parents
are involved in the program provided under this
part; and
‘‘(C) transportation for the purpose of ena-
bling parents and their children to participate
in programs authorized by this part;
‘‘(4) include high-quality instructional programs
that promote adult literacy, empower parents to sup-
port the educational growth of their children, devel-
opmentally appropriate early childhood educational
services, and preparation of children for success in
regular school programs;
‘‘(5) include special training of staff, including
child care staff, to develop the skills necessary to work
with parents and young children in the full range of
instructional services offered through this part;
‘‘(6) provide and monitor integrated instruc-
tional services to participating parents and children
through home-based programs;
135
‘‘(7) operate on a year-round basis, including the
provision of some program services, either instruc-
tional or enrichment, or both, during the summer
months;
‘‘(8) be coordinated with—
‘‘(A) programs assisted under other parts of
this title and this Act;
‘‘(B) any relevant programs under the
Adult Education Act, the Individuals With Dis-
abilities Education Act, and the Job Training
Partnership Act; and
‘‘(C) the Head Start program, volunteer lit-
eracy programs, and other relevant programs;
and
‘‘(9) provide for an independent evaluation of
the program.
‘‘SEC. 1206. ELIGIBLE PARTICIPANTS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), eligible participants in an Even Start program are—
‘‘(1) a parent or parents—
‘‘(A) who are eligible for participation in
an adult basic education program under the
Adult Education Act; or
‘‘(B) who are within the State’s compulsory
school attendance age range, so long as a local
136
educational agency provides (or ensures the
availability of) the basic education component
required under this part; and
‘‘(2) the child or children, from birth through age
seven, of any parent described in paragraph (1).
‘‘(b) ELIGIBILITY
FOR CERTAIN OTHER PARTICI-
PANTS.—(1) Family members other than those described in
subsection (a) may participate in program activities and
services, when deemed by the program to serve the purpose
of this part.
‘‘(2) Any family participating in a program under
this part that becomes ineligible for such participation as
a result of one or more members of the family becoming
ineligible for such participation may continue to partici-
pate in the program until all members of the family become
ineligible for participation, which—
‘‘(A) in the case of a family in which ineligibil-
ity was due to the child or children of such family at-
taining the age of eight, shall be in two years or when
the parent or parents become ineligible due to edu-
cational advancement, whichever occurs first; and
‘‘(B) in the case of a family in which ineligibil-
ity was due to the educational advancement of the
parent or parents of such family, shall be when all
children in the family attain the age of eight.
137
‘‘SEC. 1207. APPLICATIONS.
‘‘(a) SUBMISSION.—To be eligible to receive a subgrant
under this part, an eligible entity shall submit an applica-
tion to the State educational agency in such form and con-
taining or accompanied by such information as the State
educational agency shall require.
‘‘(b) REQUIRED DOCUMENTATION.—Each application
shall include documentation, satisfactory to the State edu-
cational agency, that the eligible entity has the qualified
personnel needed—
‘‘(1) to develop, administer, and implement an
Even Start program under this part; and
‘‘(2) to provide access to the special training nec-
essary to prepare staff for the program, which may be
offered by an eligible organization.
‘‘(c) PLAN.—Such application shall also include a
plan of operation for the program which shall include—
‘‘(1) a description of the program goals;
‘‘(2) a description of the activities and services
that will be provided under the program, including a
description of how the program will incorporate the
program elements required by section 1205;
‘‘(3) a description of the population to be served
and an estimate of the number of participants;
‘‘(4) as appropriate, a description of the appli-
cant’s collaborative efforts with institutions of higher
138
education, community-based organizations, the State
educational agency, private elementary schools, or
other eligible organizations in carrying out the pro-
gram for which assistance is sought;
‘‘(5) a statement of the methods that will be
used—
‘‘(A) to ensure that the programs will serve
families most in need of the activities and serv-
ices provided by this part;
‘‘(B) to provide services under this part to
individuals with special needs, such as individ-
uals with limited English proficiency and indi-
viduals with disabilities; and
‘‘(C) to encourage participants to remain in
the program for a time sufficient to meet the
program’s purpose; and
‘‘(6) a description of how the plan—
‘‘(A)(i) is consistent with and promotes the
goals of the State and local plans, either ap-
proved or being developed, under title III of the
Goals 2000: Educate America Act; and
‘‘(ii) is consistent with the State and local
plans under sections 1111 and 1112; or
‘‘(B) is consistent with the State and local
plans under sections 1111 and 1112 is the State
139
does not have an approved plan under title III
of the Goals 2000: Educate America Act and is
not developing such a plan.
‘‘(d) The plan described in subsection (c)(6) may be
submitted as part of a consolidated application under sec-
tion 9302.
‘‘SEC. 1208. AWARD OF SUBGRANTS.
‘‘(a) SELECTION PROCESS.—(1) The State educational
agency shall establish a review panel that will approve ap-
plications that—
‘‘(A) are most likely to be successful in meeting
the purpose of this part, and in effectively implement-
ing the program elements required under section
1205;
‘‘(B) demonstrate that the area to be served by
such program has a high percentage or a large num-
ber of children and families who are in need of such
services as indicated by high levels of poverty, illit-
eracy, unemployment, or limited English proficiency;
‘‘(C) provide services for at least a three-year age
range, which may begin at birth;
‘‘(D) demonstrate the greatest possible coopera-
tion and coordination between a variety of relevant
service providers in all phases of the program;
140
‘‘(E) include cost-effective budgets, given the
scope of the application;
‘‘(F) demonstrate the applicant’s ability to pro-
vide the additional funding required by section
1204(b);
‘‘(G) are representative of urban and rural re-
gions of the State; and
‘‘(H) show the greatest promise for providing
models that may be adopted by other local edu-
cational agencies.
‘‘(2) The State educational agency shall give priority
for subgrants under this subsection to proposals that ei-
ther—
‘‘(A) target services primarily to families de-
scribed in paragraph (1)(B); or
‘‘(B) are located in areas designated as
empowerment zones or enterprise communities.
‘‘(b) REVIEW PANEL.—A review panel shall consist of
at least three members, including one early childhood pro-
fessional, one adult education professional, and one or more
of the following individuals:
‘‘(1) A representative of a parent-child education
organization.
‘‘(2) A representative of a community-based lit-
eracy organization.
141
‘‘(3) A member of a local board of education.
‘‘(4) A representative of business and industry
with a commitment to education.
‘‘(5) An individual who has been involved in the
implementation of programs under this title in the
State.
‘‘(c) DURATION.—(1) Subgrants may be awarded for
a period not to exceed four years.
‘‘(2) The State educational agency may provide a
subgrantee, at the subgrantee’s request, a 3- to 6-month
start-up period during the first year of the four-year period,
which may include staff recruitment and training, and the
coordination of services, before requiring full implementa-
tion of the program.
‘‘(3)(A) In reviewing any application for a subgrant
to continue a program for the second, third, or fourth year,
the State educational agency shall review the progress being
made toward meeting the objectives of the program after
the conclusion of the start-up period, if any.
‘‘(B) The State educational agency may refuse to
award a subgrant if such agency finds that sufficient
progress has not been made toward meeting such objectives,
but only after affording the applicant notice and an oppor-
tunity for a hearing.
142
‘‘(4)(A) An eligible entity that has previously received
a subgrant under this part may reapply under the terms
of this part for a second project period.
‘‘(B) During the second project period, the Federal
share of the subgrant shall not exceed 50 percent in any
year.
‘‘SEC. 1209. EVALUATION.
‘‘From funds reserved under section 1202(b)(1), the
Secretary shall provide for an independent evaluation of
programs under this part—
‘‘(1) to determine the performance and effective-
ness of programs; and
‘‘(2) to identify effective Even Start projects that
can be replicated and used in providing technical as-
sistance to national, State, and local programs.
‘‘PART C—EDUCATION OF MIGRATORY CHILDREN
‘‘SEC. 1301. PROGRAM PURPOSE.
‘‘It is the purpose of this part to assist States to—
‘‘(1) support high-quality and comprehensive
educational programs for migratory children to help
reduce the educational disruptions and other problems
that result from repeated moves;
‘‘(2) ensure that migratory children are provided
with appropriate educational services (including sup-
143
portive services) that address their special needs in a
coordinated and efficient manner;
‘‘(3) ensure that migratory children have the op-
portunity to meet the same challenging performance
standards that all children are expected to meet;
‘‘(4) design programs to help migratory children
overcome educational disruption, cultural and lan-
guage barriers, social isolation, various health-related
problems, and other factors that inhibit their ability
to do well in school, and to prepare these children to
make a successful transition to postsecondary edu-
cation or employment; and
‘‘(5) ensure that migratory children benefit from
State and local systemic reforms.
‘‘SEC. 1302. PROGRAM AUTHORIZED.
‘‘In order to carry out the purpose of this part, the
Secretary shall make grants to State educational agencies,
or combinations of such agencies, to establish or improve,
directly or through local operating agencies, programs of
education for migratory children in accordance with this
part.
‘‘SEC. 1303. STATE ALLOCATIONS.
‘‘(a) STATE ALLOCATIONS.—Each State (other than
the Commonwealth of Puerto Rico) is entitled to receive
under this part, for each fiscal year, an amount equal to—
144
‘‘(1) the sum of the estimated number of migra-
tory children aged three through 21 who reside in the
State full time and the full-time equivalent of the esti-
mated number of migratory children aged three
through 21 who reside in the State part time, as de-
termined in accordance with subsection (e); multi-
plied by
‘‘(2) 40 percent of the average per-pupil expendi-
ture in the State, except that the amount determined
under this paragraph shall not be less than 32 per-
cent, or more than 48 percent, of the average expendi-
ture per pupil in the United States.
‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal
year, the amount for which the Commonwealth of Puerto
Rico is eligible under this section shall be equal to—
‘‘(1) the number of migratory children in Puerto
Rico, determined under subsection (a)(1); multiplied
by
‘‘(2) the product of—
‘‘(A) the percentage that the average expend-
iture per pupil in Puerto Rico is of the lowest
average per-pupil expenditure of any of the 50
States; and
‘‘(B) 32 percent of the average expenditure
per pupil in the United States.
145
‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.—(1)(A)
If, after the Secretary reserves funds under section 1308(c),
the amount appropriated to carry out this part for any fis-
cal year is insufficient to pay in full the amounts for which
all States are eligible, the Secretary shall ratably reduce
each such amount.
‘‘(B) If additional funds become available for making
such payments for any fiscal year, the Secretary shall allo-
cate such funds to States in amounts that the Secretary
finds would best carry out the purpose of this part.
‘‘(2)(A) The Secretary shall further reduce the amount
of any grant to a State under this part for any fiscal year
if the Secretary determines, based on available information
on the numbers and needs of migratory children in the
State and the program proposed by the State to address
such needs, that such amount exceeds the amount required
under section 1304.
‘‘(B) The Secretary shall reallocate such excess funds
to other States whose grants under this part would other-
wise be insufficient to provide an appropriate level of serv-
ices to migratory children, in such amounts as the Sec-
retary determines are appropriate.
‘‘(d) CONSORTIUM ARRANGEMENTS.—(1) In the case
of a State that receives a grant of $1,000,000 or less under
this section, the Secretary shall consult with the State edu-
146
cational agency to determine whether consortium arrange-
ments with another State or other appropriate entity would
result in delivery of services in a more effective and efficient
manner.
‘‘(2) A State, irrespective of the amount of its alloca-
tion, may propose a consortium arrangement.
‘‘(3) The Secretary shall approve a consortium ar-
rangement under paragraph (1) or (2) if the proposal dem-
onstrates that the arrangement will—
‘‘(A) reduce administrative costs or program
function costs for State programs; and
‘‘(B) make more funds available for direct serv-
ices to add substantially to the welfare or educational
attainment of children to be served under this part.
‘‘(e) DETERMINING NUMBERS
OF ELIGIBLE CHIL-
DREN.—In order to determine the estimated number of mi-
gratory children residing in each State for purposes of this
section, the Secretary shall—
‘‘(1) use such information as the Secretary finds
most accurately reflects the actual number of migra-
tory children;
‘‘(2) as soon as feasible develop and implement
a procedure for more accurately reflecting cost factors
for different types of summer program designs which
will be used to adjust the estimated number of chil-
147
dren who reside in a State in order to reflect the
number of migratory children who are served in sum-
mer programs (which may include intersession pro-
grams) in the State and the additional costs of oper-
ating such programs; and
‘‘(3) conduct an analysis of the options for ad-
justing the formula so as to better direct services to
the child whose education has been interrupted.
‘‘SEC. 1304. STATE APPLICATIONS; SERVICES.
‘‘(a) APPLICATION REQUIRED.—Any State wishing to
receive a grant under this part for any fiscal year shall
submit an application to the Secretary at such time and
in such manner as the Secretary may require.
‘‘(b) PROGRAM INFORMATION.—Each such application
shall include—
‘‘(1) a description of how, in planning, imple-
menting, and evaluating programs and projects under
this part, the State and its operating agencies will
ensure that the special educational needs of migratory
children are identified and addressed through a com-
prehensive plan for needs assessment and service de-
livery that meets the requirements of section 1306, in-
cluding, when feasible, recording the migratory status
of such children and their average daily attendance
on State student collection data;
148
‘‘(2) a description of the steps the State is taking
to provide migratory students with the opportunity to
meet the same challenging performance standards that
all children are expected to meet;
‘‘(3) a description of how the State will use its
funds to promote interstate and intrastate coordina-
tion of services for migratory children, including how,
consistent with procedures the Secretary may require,
it will provide for educational continuity through the
timely transfer of pertinent school records, including
information on health, when children move from one
school to another, whether or not during the regular
school year;
‘‘(4) a description of the State’s priorities for the
use of funds received under this part, and how they
relate to the State’s assessment of needs for services in
the State;
‘‘(5) a description of how the State will deter-
mine the amount of any subgrants it will award to
local operating agencies, taking into account the re-
quirements of paragraph (1); and
‘‘(6) such budgetary and other information as
the Secretary may require.
‘‘(c) ASSURANCES.—Each such application shall also
include assurances, satisfactory to the Secretary, that—
149
‘‘(1) funds received under this part will be used
only—
‘‘(A) for programs and projects, including
the acquisition of equipment, in accordance with
section 1306(b)(1); and
‘‘(B) to coordinate such programs and
projects with similar programs and projects
within the State and in other States, as well as
with other Federal programs that can benefit mi-
gratory children and their families;
‘‘(2) such programs and projects will be carried
out in a manner consistent with the objectives of sec-
tions 1114, 1115(b) and (d), 1120, and 1121(b) and
(c), and part F of this title;
‘‘(3) in the planning and operation of programs
and projects at both the State and local operating
agency level, there is appropriate consultation with
parent advisory councils for programs lasting a
school year, and that all such programs and projects
are carried out, to the extent feasible, in a manner
consistent with section 1118 of this title;
‘‘(4) in planning and carrying out such pro-
grams and projects, there has been, and will be, ade-
quate provision for addressing the unmet education
needs of preschool migratory children;
150
‘‘(5) the effectiveness of such programs and
projects will be determined, where feasible, using the
same approaches and standards that will be used to
assess the performance of students, schools, and local
educational agencies under part A of this title; and
‘‘(6) the State will assist the Secretary in deter-
mining the number of migratory children under sec-
tion 1303(e), through such procedures as the Secretary
may require.
‘‘(d) PRIORITY FOR SERVICES.—In providing services
with funds received under this part, each recipient of such
funds shall give priority to migratory children who are fail-
ing, or most at risk of failing, to meet the State’s challeng-
ing performance standards, and whose education has been
interrupted during the regular school year.
‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding
any other provision of this part—
‘‘(1) a child who ceases to be a migratory child
during a school term shall be eligible for services until
the end of such term;
‘‘(2) a child who is no longer a migratory child
may continue to receive services for one additional
school year, but only if comparable services are not
available through other programs; and
151
‘‘(3) secondary school students who were eligible
for services in secondary school may continue to be
served through credit accrual programs until gradua-
tion.
‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall
approve each State application that meets the requirements
of this part.
‘‘(b) PEER REVIEW.—The Secretary may review any
such application with the assistance and advice of State
officials and other individuals with relevant expertise.
‘‘SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND
SERVICE-DELIVERY PLAN; AUTHORIZED AC-
TIVITIES.
‘‘(a) COMPREHENSIVE PLAN.—Each State that re-
ceives a grant under this part shall ensure that the State
and its local operating agencies identify and address the
special educational needs of migratory children in accord-
ance with a comprehensive State plan that—
‘‘(1)(A) is integrated with the State’s plan, either
approved or being developed, under title III of the
Goals 2000: Educate America Act and satisfies the re-
quirements of this section that are not already ad-
dressed by such State plan; and
153
‘‘(6) encompasses the full range of services that
are available for migratory children from appropriate
local, State and Federal educational programs;
‘‘(7) is the product of joint planning among such
local, State, and Federal programs, including those
under part A of this title, early childhood programs,
and bilingual education programs under title VII of
this Act;
‘‘(8) provides for the integration of services
available under this part with services provided by
such other programs; and
‘‘(9) to the extent feasible, provides for—
‘‘(A) advocacy and outreach activities for
migratory children and their families, including
informing them of, or helping them gain access
to, other education, health, nutrition, and social
services;
‘‘(B) professional development programs, in-
cluding mentoring, for teachers and other pro-
gram personnel;
‘‘(C) parent involvement programs (as de-
fined under section 1118) and, when feasible, the
establishment of instructional programs such as
use of the model developed under the Even Start
Family Literacy Programs that promote adult
154
literacy and train parents to support the edu-
cational growth of their children;
‘‘(D) the integration of communication and
information technology into educational and re-
lated programs; and
‘‘(E) programs to facilitate the transition of
high school students to postsecondary education
or employment.
A State may satisfy all or part of the requirements of this
section by referencing applicable sections of its approved
plan under title III of the Goals 2000: Educate America
Act.
‘‘(b) AUTHORIZED ACTIVITIES.—(1) In implementing
the comprehensive plan described in subsection (a), each
local operating agency shall have the flexibility to determine
the activities to be provided with funds made available
under this part, provided that—
‘‘(A) before funds provided under this part are
used to provide services described in subparagraph
(B), those funds shall be used to meet the identified
needs of migratory children that—
‘‘(i) result from the effects of their migra-
tory lifestyle, or are needed to permit migratory
children to participate effectively in school; and
155
‘‘(ii) are not addressed by services provided
under other programs, including part A of this
title; and
‘‘(B) all migratory children who are eligible to
receive services under part A of this title shall receive
such services with funds provided under this part or
under part A of this title.
‘‘(2) This subsection shall not apply to funds under
this part that are used for schoolwide programs under sec-
tion 1114 of this title.
‘‘SEC. 1307. BYPASS.
‘‘The Secretary may use all or part of any State’s allo-
cation under this part to make arrangements with any pub-
lic or private nonprofit agency to carry out the purpose
of this part in such State if the Secretary determines that—
‘‘(1) the State is unable or unwilling to conduct
educational programs for migratory children;
‘‘(2) such arrangements would result in more ef-
ficient and economic administration of such pro-
grams; or
‘‘(3) such arrangements would add substantially
to the welfare or educational attainment of such
children.
156
‘‘SEC. 1308. COORDINATION OF MIGRANT EDUCATION AC-
TIVITIES.
‘‘(a) IMPROVEMENT
OF COORDINATION.—The Sec-
retary, in consultation with the States, may make grants
to, or enter into contracts with, State educational agencies,
local educational agencies, institutions of higher education,
and other public and private nonprofit entities to improve
the interstate and intrastate coordination among State and
local educational agencies of their educational programs,
including the establishment or improvement of programs for
credit accrual and exchange, available to migratory stu-
dents. Grants under this subpart may be made for up to
5 years.
‘‘(b) ASSISTANCE AND REPORTING.—(1) Within 60
days of enactment, the Secretary shall convene a panel of
Chief State School Officers and technical experts to assess
alternative methods by which student records may be trans-
ferred from one school to another. Within 150 days of hav-
ing been convened, the panel shall make recommendations
to the Secretary on how schools may adopt the most cost-
effective means of exchanging of school records. The Sec-
retary shall also develop the most cost-effective and accurate
method of determining the number of students or full-time
equivalent students in each State on a yearly basis. The
Secretary shall report to the Committee on Education and
Labor of the House of Representatives and the Committee
157
on Labor and Human Resources of the Senate the panel’s
findings and the Secretary’s recommendations.
‘‘(2) The Secretary may contract for services for pur-
poses of this section.
‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of
carrying out this section, the Secretary shall reserve up to
$6,000,000 from the amount appropriated under section
1002(3) for each fiscal year to carry out this part.
‘‘(d) COMPETITIVE GRANTS.—From the amounts made
available for this section, the Secretary shall reserve not
more than $1,500,000 to award, on a competitive basis,
grants in the amount of up to $100,000 each to State edu-
cational agencies with consortium agreements described
under section 1303(d). Not less than 10 of such grants shall
be awarded to States which receive allocations of less than
$1,000,000 if such States have approved agreements.
‘‘SEC. 1309. DISTANCE LEARNING.
‘‘(a) PROGRAM.—The Secretary may establish a dis-
tance learning program to provide, through competitive
grants, continuity in the education of migrant children
using technology, interactive learning, computers, and auto-
mated technology links achieved with modems and telephone
networks.
‘‘(b) FUNDS.—Not more than $3,000,000 may be used
to establish the program under subsection (a).
158
‘‘SEC. 1310. DEFINITIONS.
‘‘As used in this part, the following terms have the
following meanings:
‘‘(1) The term ‘local operating agency’ means—
‘‘(A) a local educational agency to which a
State educational agency makes a subgrant
under this part;
‘‘(B) a public or nonprofit private agency
with which a State educational agency or the
Secretary makes an arrangement to carry out a
project under this part; or
‘‘(C) a State educational agency, if the
State educational agency operates the State’s mi-
grant education program or projects directly.
‘‘(2) The term ‘migratory child’ means—
‘‘(A) for fiscal year 1996 and subsequent
years, a child who is, or whose parent or spouse
is, a migratory agricultural worker (including a
migratory dairy worker) or a migratory fisher,
and who, in the preceding 24 months, in order
to obtain, or accompany such parent or spouse
in order to obtain, temporary or seasonal em-
ployment in agricultural or fishing work—
‘‘(i) has moved from one local edu-
cational agency to another; or
159
‘‘(ii) in a State that is comprised of a
single local educational agency, has moved
from one administrative area to another
within such agency; or
‘‘(B) for fiscal year 1995 only, a child ful-
filling the requirements of subparagraph (A) for
a period of 36 months instead of for 24 months.
‘‘PART 
D—PREVENTION 
AND 
INTERVENTION
SERVICES FOR DELINQUENT YOUTH AND
YOUTH AT RISK OF DROPPING OUT
‘‘SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) A large percentage of youth in the juvenile
justice system have poor academic achievement, are a
year or more behind grade level, and have dropped
out of school.
‘‘(2) There is a strong correlation between aca-
demic failure and involvement in delinquent activi-
ties.
‘‘(3) Preventing students from dropping out of
local schools and addressing the educational needs of
delinquent youth can help reduce the dropout rate
and involvement in delinquent activities at the same
time.
160
‘‘(4) Many schools and correctional facilities fail
to communicate regarding a youth’s academic needs
and students often return to their home school ill-pre-
pared to meet current curriculum requirements.
‘‘(5) Schools are often reluctant to deal with
youth returning from facilities and receive no funds
to deal with the unique educational and other needs
of such youth.
‘‘(6) A continuing need exists for activities and
programs to reduce the incidence of youth dropping
out of school.
‘‘(7) Federal dropout prevention programs have
demonstrated effectiveness in keeping children and
youth in school.
‘‘(8) Pregnant and parenting teens are a high
at-risk group for dropping out of school and should
be targeted by dropout prevention programs.
‘‘(9) Such youth need a strong dropout preven-
tion program which provides them with high level
skills and which provides supports to youth returning
from correctional facilities in order to keep them in
school.
‘‘(b) PURPOSE.—It is the purpose of this part—
‘‘(1) to improve educational services to children
in local and State institutions for delinquent children
161
so that they have the opportunity to meet the same
challenging State performance standards that all chil-
dren in the State will be expected to meet;
‘‘(2) to provide such children the services they
need to make a successful transition from institu-
tionalization to further schooling or employment; and
‘‘(3) to prevent at-risk youth from dropping out
of school and to provide dropouts and youth returning
from institutions with a support system to ensure
their continued education.
‘‘(c) PROGRAM AUTHORIZED.—In order to carry out
the purpose of this part, the Secretary shall make grants
to State educational agencies, which shall make subgrants
to State agencies and local educational agencies to establish
or improve programs of education for delinquent children
and youth at risk of dropping out of school before gradua-
tion.
‘‘SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
‘‘(a) AGENCY SUBGRANTS.—Based on the allocation
amount computed under section 1403, the Secretary shall
allocate to each State educational agency amounts nec-
essary to make subgrants to State agencies.
‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for
purposes of subpart 2, funds generated throughout the State
under part A based on youth residing in local correctional
162
facilities, or attending community day programs for delin-
quent children.
‘‘(c) USE OF REMAINING FUNDS.—Each State shall
use any funds remaining after allocations are made under
subsection (a).
‘‘Subpart 1—State Agency Programs
‘‘SEC. 1403. AMOUNT OF ALLOCATION TO STATE.
‘‘(a) STATE ALLOCATION.—Each State educational
agency is eligible to receive under this part, for each fiscal
year, an amount equal to the product of—
‘‘(1) the number of delinquent children in State
correctional facilities serving youth under the age of
21 who are enrolled for at least 20 hours per week in
education programs operated or supported by facili-
ties serving youth, and 10 hours a week in adult fa-
cilities serving youth.
‘‘(2) 40 percent of the average per-pupil expendi-
ture in the State, except that the amount determined
under this paragraph shall not be less than 32 percent
or more than 48 percent of the average per-pupil ex-
penditure in the United States.
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO
RICO.—For each fiscal year, the amount of the grant for
which a State agency in the Commonwealth of Puerto Rico
is eligible under this part shall be equal to—
163
‘‘(1) the number of children counted under sub-
section (a)(1) for Puerto Rico; multiplied by the prod-
uct of—
‘‘(A) the percentage that the average per-
pupil expenditure in Puerto Rico is of the lowest
average per-pupil expenditure of any of the 50
States; and
‘‘(B) 32 percent of the average per-pupil ex-
penditure in the United States.
‘‘SEC. 1404. STATE PLAN.
‘‘(a) STATE PLAN.—(1)(A) Each State educational
agency that desires to receive payments under this part
shall submit, for approval by the Secretary, a plan, which
shall be revised and updated as needed, for meeting the
needs of delinquent youth and children at risk of dropping
out that—
‘‘(i) is integrated with the State’s plan, either
approved or being developed, under title III of the
Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already ad-
dressed by such State plan; or
‘‘(ii) if the State does not have an approved plan
under title III of the Goals 2000: Educate America
Act or is not developing such a plan, is integrated
164
with other State plans under this Act and satisfies the
requirements of this section.
‘‘(B) A State plan submitted under paragraph
(1)(A)(i) may, if necessary, be submitted as an amendment
to the State’s plan under title III of the Goals 2000:
Educate America Act.
‘‘(2) Each such plan shall also—
‘‘(A) describe the State-established program
goals, objectives, and performance measures that will
be used to assess the effectiveness of the program in
improving academic and vocational skills of children
in the program;
‘‘(B) provide that, to the extent feasible, such
children will have the same opportunities to learn as
they would have if they were in schools of local edu-
cational agencies in the State;
‘‘(C) describe the manner in which such State
educational agency will make subgrants; and
‘‘(D) contain assurances that the State edu-
cational agency will—
‘‘(i) ensure that programs assisted under
this part will be carried out in accordance with
the State plan described in this subsection;
‘‘(ii) carry out the evaluation requirements
of section 1408;
165
‘‘(iii) ensure that its State agencies comply
with all applicable statutory and regulatory re-
quirements; and
‘‘(iv) provide such other information as the
Secretary may reasonably require.
‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—(1)
The Secretary shall approve each State plan that meets the
requirements of this part.
‘‘(2) The Secretary may review any such plan with
the assistance and advice of individuals with relevant ex-
pertise.
‘‘(c) SUBGRANTS TO STATE AGENCIES.—A State agen-
cy is eligible for assistance under this part if it is respon-
sible for providing free public education for children in in-
stitutions for delinquent children.
‘‘(d) STATE AGENCY APPLICATIONS.—A State agency
that desires to receive funds to carry out a program under
this part shall submit an application to the State edu-
cational agency that—
‘‘(1) describes the procedures to be used, consist-
ent with the State plan under part A of this title, to
assess the educational needs of the children to be
served;
‘‘(2) provides assurances that in making services
available to youth in adult correctional facilities, pri-
166
ority will be given to such youth who are likely to
complete incarceration within a 2-year period;
‘‘(3) describes the program, including a budget
for the first year of the program, with annual updates
to be provided;
‘‘(4) describes how the program will meet the
goals and objectives of the State plan under this part;
‘‘(5) describes how the State agency will consult
with experts and provide the necessary training for
appropriate staff, to ensure that the planning and op-
eration of institution-wide projects under section 1406
are of high quality;
‘‘(6) describes how the agency will carry out the
evaluation requirements of section 1408 and how the
results of the most recent evaluation are used to plan
and improve the program;
‘‘(7) includes data showing that the agency has
maintained fiscal effort required of a local edu-
cational agency, in accordance with section 9501 of
this title;
‘‘(8) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, including the Job Training Partnership Act,
vocational education, State and local dropout preven-
tion programs, and special education;
167
‘‘(9) describes how appropriate professional de-
velopment will be provided to teachers and other in-
structional and administrative personnel;
‘‘(10) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children from an institution to locally
operated programs;
‘‘(11) describes how the agency will, endeavor to
coordinate 
with 
businesses 
for 
training 
and
mentoring for participating youth;
‘‘(12) describes how the agency will assist in lo-
cating alternative programs through which students
can continue their education if they are not returning
to school after leaving the correctional facility;
‘‘(13) describes how the agency will work with
parents to secure their assistance in improving the
educational achievement of their children and pre-
venting their further involvement in delinquent ac-
tivities;
‘‘(14) describes how the agency works with spe-
cial education youth in order to meet an existing in-
dividualized education program and an assurance
that the agency will notify the youth’s local school if
such youth is identified as in need of special edu-
168
cation services while the youth is in the facility and
if the youth intends to return to the local school;
‘‘(15) describes how the agency will work with
youth who dropped out of school before entering the
facility to encourage such youth to reenter school once
their term has been completed or provide the youth
with the skills necessary to gain employment, con-
tinue their education, or achieve a high school equiva-
lency certificate if the youth does not intend to return
to school;
‘‘(16) provides assurances that teachers and other
qualified staff are also trained to work with children
with disabilities and other students with special needs
taking into consideration the unique needs of such
students;
‘‘(17) describes any additional services provided
to youth, including career counseling, assistance in
securing student loans, grants; and
‘‘(18) describes how this program will be coordi-
nated with any programs operated under the Juvenile
Justice and Delinquency Act, if applicable.
‘‘SEC. 1405. USE OF FUNDS.
‘‘(a) GENERAL.—(1) A State agency shall use funds
received under this part only for programs and projects
that—
169
‘‘(A) are consistent with the State plan referred
to in section 1404(a); and
‘‘(B) concentrate on providing participants with
the knowledge and skills needed to make a successful
transition to high school completion, further edu-
cation, or employment.
‘‘(2) Such programs and projects—
‘‘(A) may include the acquisition of equipment;
‘‘(B) shall be designed to support educational
services that—
‘‘(i) except for institution-wide projects
under section 1406, are provided to children
identified by the State agency as failing, or most
at risk of failing, to meet the State’s challenging
performance standards;
‘‘(ii) supplement and improve the quality of
the educational services provided to such children
by the State agency; and
‘‘(iii) afford such children an opportunity
to learn to such challenging State standards;
‘‘(C) shall be carried out in a manner consistent
with section 1119(b) and part F of this title; and
‘‘(D) may include the costs of meeting the eval-
uation requirements of section 1408.