694
erty unless such sale, lease, assignment, or other
disposal is to another eligible government agen-
cy; and
‘‘(E) reserves to the Federal government a
right of reversion at any time the Federal gov-
ernment (or its agent) deems it necessary for the
national defense.
‘‘SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CON-
NECTED CHILDREN.
‘‘(a) COMPUTATION OF PAYMENT.—
‘‘(1) IN GENERAL.—For the purpose of comput-
ing the amount that a local educational agency is eli-
gible to receive under subsection (b) or (f) for any fis-
cal year, the Secretary shall determine the number of
children who were in average daily attendance in the
schools of such agency, and for whom such agency
provided free public education, during the preceding
school year and who, while in attendance at such
schools—
‘‘(A) resided on Federal property and had a
parent employed on Federal property situated in
whole or in part within the boundaries of the
school district of such agency;
‘‘(B) resided on Federal property and had
a parent on active duty in the uniformed serv-
695
ices (as defined in section 101 of title 37, United
States Code);
‘‘(C) resided on Indian lands;
‘‘(D) had a parent on active duty in the
uniformed services (as defined by section 101 of
title 37, United States Code) but did not reside
on Federal property; or
‘‘(E) resided in low-rent housing.
‘‘(2) DETERMINATION
OF
WEIGHTED
STUDENT
UNITS.—For purposes of computing the basic support
payment under subsection (b), the Secretary shall cal-
culate the total number of weighted student units for
a local educational agency by adding together the re-
sults obtained by the following computations:
‘‘(A) Multiply the number of children de-
scribed in subparagraphs (A) and (B) of para-
graph (1) who are not eligible to receive services
under the Individuals With Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.) by a factor
of 1.0.
‘‘(B) Multiply the number of children de-
scribed in subparagraphs (A) and (B) of para-
graph (1) who are eligible to receive services
under such Act by a factor of 1.50.
696
‘‘(C) Multiply the number of children de-
scribed in paragraph (1)(C) who are not eligible
to receive services under such Act by a factor of
1.25.
‘‘(D) Multiply the number of children de-
scribed in paragraph (1)(C) who are eligible to
receive services under such Act by a factor of
1.825.
‘‘(E) Multiply the number of children de-
scribed in subparagraphs (D) and (E) of para-
graph (1) who are not eligible to receive services
under such Act by a factor of .25.
‘‘(F) Multiply the number of children de-
scribed in subparagraphs (D) and (E) of para-
graph (1) who are eligible to receive services
under such Act by a factor of .375.
‘‘(b) BASIC SUPPORT PAYMENTS AND PAYMENTS WITH
RESPECT
TO FISCAL YEARS
IN WHICH INSUFFICIENT
FUNDS ARE APPROPRIATED.—
‘‘(1) BASIC SUPPORT PAYMENTS.—
‘‘(A) IN GENERAL.—From the amount ap-
propriated under section 8013(b) for a fiscal
year, the Secretary is authorized to make basic
support payments to eligible local educational
697
agencies with children described under subsection
(a).
‘‘(B) ELIGIBILITY.—A local educational
agency shall be entitled to receive a basic support
payment under subparagraph (A) for a fiscal
year with respect to a number of children deter-
mined under subsection (a) only if the number
of children so determined with respect to such
agency amounts to the lesser of—
‘‘(i) at least 400 such children, or
‘‘(ii) a number of such children which
equals at least 3 percent of the total number
of children who were in average daily at-
tendance, during such year, at the schools of
such agency and for whom such agency pro-
vided free public education.
‘‘(C) MAXIMUM
AMOUNT.—The maximum
amount that a local educational agency is eligi-
ble to receive under this subsection for any fiscal
year is the sum of the total weighted student
units, as computed under subsection (a)(2), mul-
tiplied by—
‘‘(i) the greater of—
‘‘(I) one-half of the average per
pupil expenditure of the State in which
698
the local educational agency is located,
or
‘‘(II) one-half of the average per
pupil expenditures of all of the States,
or
‘‘(ii) the comparable local contribution
rate certified by the State, as determined
under regulations prescribed to carry out
the Act of September 30, 1950 (Public Law
874, 81st Congress), as in effect on January
1, 1994.
‘‘(2) PAYMENTS WITH RESPECT TO FISCAL YEARS
IN
WHICH
INSUFFICIENT
FUNDS
ARE
APPRO-
PRIATED.—
‘‘(A) IN GENERAL.—For any fiscal year in
which the sums appropriated under section
8013(b) are insufficient to pay to each local edu-
cational agency the full amount computed under
paragraph (1), the Secretary shall make pay-
ments based upon the provisions of this para-
graph.
‘‘(B) LEARNING OPPORTUNITY THRESHOLD
PAYMENTS.—For fiscal years described in sub-
paragraph (A), the Secretary shall compute a
learning opportunity threshold payment (herein-
699
after ‘threshold payment’) by multiplying the
amount obtained under paragraph (1)(C) by the
total percentage obtained by adding—
‘‘(i) the percentage of federally con-
nected children for each local educational
agency determined by calculating the frac-
tion, the numerator of which is the total
number of children described under sub-
section (a)(1) and the denominator of which
is the total number of children in average
daily attendance at the schools served by
such agency; and
‘‘(ii) the percentage that funds under
this paragraph represent of the total budget
of the local educational agency, determined
by calculating the fraction, the numerator
of which is the total amount of funds cal-
culated for each educational agency under
this paragraph, and the denominator of
which is the total current expenditures for
such agency.
‘‘(C) RATABLE
DISTRIBUTION.—For fiscal
years described in subparagraph (A), the Sec-
retary shall make payments as a ratable dis-
700
tribution based upon the computation made
under subparagraph (B).
‘‘(c) PRIOR YEAR DATA.—All calculations under this
title shall be based upon data for each local educational
agency from the fiscal year preceding the fiscal year for
which the agency is making application for payment.
‘‘(d) USE OF FUNDS FOR CHILDREN WITH DISABIL-
ITIES.—The local educational agency shall use an amount
equal to the amount of funds generated by the factors in
subparagraphs (B), (D), and (F) of subsection (a)(2) which
are in excess of the factor of 1.0 applied to the amount of
payments generated for each fiscal year applicable to the
weighted student unit factor of 1.0 to provide a free appro-
priate public education to children described in subsection
(a)(2), in accordance with part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.).
‘‘(e) HOLD-HARMLESS AMOUNTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this section, the total amount that the
Secretary shall pay to a local educational agency
under subsections (b) and (f)—
‘‘(A) for fiscal year 1995, shall not be less
than 80 percent of the payment such agency re-
ceived for fiscal year 1994 under section 3(a) of
the Act of September 30, 1950 (Public Law 81–
701
874, 81st Congress), as in effect for fiscal year
1994;
‘‘(B) for fiscal year 1996, shall not be less
than 60 percent of such payment received for fis-
cal year 1994; and
‘‘(C) for fiscal year 1997, shall not be less
than 40 percent of such payment received for fis-
cal year 1994.
‘‘(2) REDUCTION
IN
PAYMENTS.—In order to
make payments to local educational agencies in ac-
cordance with paragraph (1), the Secretary shall re-
duce payments to other local educational agencies de-
termined under subsection (b).
‘‘(f) SUPPLEMENTAL ASSISTANCE.—
‘‘(1) RESERVATION.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), from amounts appropriated
under section 8013(b) for a fiscal year, the Sec-
retary shall reserve not less than 6 percent to
provide supplemental assistance to meet special
circumstances relating to the provision of edu-
cation in local educational agencies eligible to
receive assistance under this section.
‘‘(B) RESERVATION IN FISCAL YEARS WHEN
AMOUNTS FROM PRIOR FISCAL YEAR RESERVA-
702
TIONS AVAILABLE.—With respect to a fiscal year
in which amounts are available from a reserva-
tion made by the Secretary under subparagraph
(A) for a prior fiscal year, the Secretary shall,
from 
amounts 
appropriated 
under 
section
8013(b) for the current fiscal year, reserve an
amount which, when added to the amount avail-
able from such prior fiscal year reservation,
equals not less than 6 percent of amounts appro-
priated under such section for such current fiscal
year.
‘‘(C) 
AVAILABILITY.—Amounts 
reserved
under subparagraph (A) are authorized to re-
main available until expended.
‘‘(2) ELIGIBILITY.—
‘‘(A) IN
GENERAL.—A local educational
agency shall be eligible to receive supplemental
assistance under this subsection only if such
agency—
‘‘(i)(I) has an enrollment of federally
connected children described in subsection
(a)(1) which constitutes at least 40 percent
of the total student enrollment of such agen-
cy; and
703
‘‘(II) has a tax rate for general fund
purposes which is at least 95 percent of the
average tax rate for general fund purposes
(before any State mandated tax rate reduc-
tions) of all local educational agencies in
the State;
‘‘(ii)(I) has an enrollment of federally
connected children described in subsection
(a)(1) which constitutes at least 35 percent
of the total student enrollment of such agen-
cy; and
‘‘(II) has a tax rate for general fund
purposes which is at least 125 percent of the
average tax rate for general fund purposes
(before any State mandated tax rate reduc-
tions) of all local educational agencies in
the State; or
‘‘(iii) is a local education agency
whose boundaries are the same as a Federal
military installation or includes Federal
property under exclusive Federal jurisdic-
tion.
‘‘(B) SPECIAL RULE.—If a local educational
agency receives assistance under this subsection
for 3 consecutive fiscal years because such agency
704
satisfied the requirements of clause (i) or (ii) of
subparagraph (A), then such agency shall be
deemed to meet such requirements with respect to
assistance under this subsection for each consecu-
tive succeeding fiscal year in which such agency
applies for assistance under this subsection.
‘‘(C) EXCLUSION OF REMAINING CASH BAL-
ANCES.—In determining eligibility under this
paragraph, the Secretary shall exclude any cash
balances of the local educational agency remain-
ing at the end of the school year as allowed by
State law.
‘‘(3) CURRENT
YEAR
DATA.—Notwithstanding
subsection (c), the Secretary shall, for purposes of pro-
viding assistance under this subsection (or section
3(d)(2)(B) of the Act of September 30, 1950 (Public
Law 81–874, 81st Congress), as in effect on October
1, 1993), use—
‘‘(A) data from the fiscal year in which the
local educational agency is applying for assist-
ance under this subsection; or
‘‘(B) the most recent data available which is
adjusted to such fiscal year.
‘‘(4) APPLICATION PROCEDURES.—The Secretary
shall prescribe regulations establishing procedures for
705
the application for assistance by a local educational
agency under this subsection.
‘‘(5) PROHIBITION
ON
STATE
RESTRICTIONS
WITH RESPECT TO ASSISTANCE.—A State shall not
restrict the ability of a local educational agency to
use assistance received by such agency under this sub-
section.
‘‘(6) PROHIBITION
ON
CONSIDERATION
OF
AS-
SISTANCE
IN
STATE
AID
CALCULATION.—Notwith-
standing section 8009(b), a State shall not take into
consideration any assistance received under this sub-
section in determining a State aid calculation for a
local educational agency.
‘‘SEC. 8005. POLICIES AND PROCEDURES RELATING TO
CHILDREN RESIDING ON INDIAN LANDS.
‘‘(a) IN GENERAL.—A local educational agency that
claims children residing on Indian lands for the purpose
of receiving funds under section 8004 shall establish policies
and procedures to ensure that—
‘‘(1) such children participate in programs and
activities supported by such funds on an equal basis
with all other children;
‘‘(2) parents of such children and Indian tribes
are afforded an opportunity to present their views on
such programs and activities, including an oppor-
707
vision of educational services by such agency to such chil-
dren.
‘‘(d) TECHNICAL ASSISTANCE AND ENFORCEMENT.—
The Secretary shall—
‘‘(1) provide technical assistance to local edu-
cational agencies, parents, and Indian tribes to en-
able them to carry out this section; and
‘‘(2) enforce this section through such actions,
which may include the withholding of funds, as the
Secretary determines to be appropriate, after afford-
ing the affected local educational agency, parents, and
Indian tribe an opportunity to present their views.
‘‘SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS
8003 AND 8004.
‘‘(a) IN GENERAL.—A local educational agency desir-
ing to receive a payment under section 8003 or 8004 shall—
‘‘(1) submit an application for such payment to
the Secretary; and
‘‘(2) provide a copy of such application to the
State educational agency.
‘‘(b) CONTENTS.—Each such application shall be sub-
mitted in such form and manner, and shall contain such
information, as the Secretary may require, including—
708
‘‘(1) information to determine the eligibility of
the local educational agency for a payment and the
amount of such payment; and
‘‘(2) where applicable, an assurance that such
agency is in compliance with section 8005 (relating
to children residing on Indian lands).
‘‘(c) DEADLINE
FOR SUBMISSION.—The Secretary
shall establish deadlines for the submission of applications
under this section.
‘‘(d) APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary shall approve
an application submitted under this section that—
‘‘(A) is filed by the deadline established
under subsection (c); and
‘‘(B) otherwise meets the requirements of
this title.
‘‘(2) REDUCTION
IN
PAYMENT.—The Secretary
shall approve an application filed up to 60 days after
a deadline established under subsection (c) that other-
wise meets the requirements of this title, except that,
notwithstanding section 8004(e), the Secretary shall
reduce the payment based on such late application by
10 percent of the amount that would otherwise be
paid.
709
‘‘(3) LATE APPLICATIONS.—The Secretary shall
not accept or approve any application that is filed
more than 60 days after a deadline established under
subsection (c).
‘‘SEC. 8007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL IN-
CREASES IN ATTENDANCE OF MILITARY DE-
PENDENTS.
‘‘(a) ELIGIBILITY.—A local educational agency is eli-
gible for a payment under this section if—
‘‘(1) the number of children in average daily at-
tendance during the current school year is at least ten
percent or 100 more than the number of children in
average daily attendance in the preceding school year;
and
‘‘(2) the number of children in average daily at-
tendance with a parent on active duty (as defined in
section 101(18) of title 37, United States Code) in the
Armed Forces who are in attendance at such agency
because of the assignment of their parent to a new
duty station between July 1 and September 30, inclu-
sive, of the current year, as certified by an appro-
priate local official of the Department of Defense, is
at least ten percent or 100 more than the number of
children in average daily attendance in the preceding
school year.
710
‘‘(b) APPLICATION.—A local educational agency that
wishes to receive a payment under this section shall file an
application with the Secretary by October 15 of the current
school year, in such manner and containing such informa-
tion as the Secretary may prescribe, including information
demonstrating that it is eligible for such a payment.
‘‘(c) CHILDREN TO BE COUNTED.—For each eligible
local educational agency that applies for a payment under
this section, the Secretary shall determine the lesser of—
‘‘(1) the increase in the number of children in
average daily attendance from the preceding year;
and
‘‘(2) the number of children described in sub-
section (a)(2).
‘‘(d) PAYMENTS.—From the amount appropriated for
a fiscal year under section 8013(c), the Secretary shall pay
each local educational agency with an approved application
an amount, not to exceed $200 per eligible child, equal to—
‘‘(1) the amount available to carry out this sec-
tion, including any funds carried over from prior
years, divided by the number of children determined
under subsection (c) for all such local educational
agencies; multiplied by
‘‘(2) the number of such children determined for
that local educational agency.
711
‘‘(e) NOTIFICATION PROCESS.—
‘‘(1) ESTABLISHMENT.—The Secretary shall en-
deavor to establish, with the Secretary of Defense, a
notification process relating to the closure of Depart-
ment of Defense facilities, or the adjustment of per-
sonnel levels assigned to such facilities, which may
substantially affect the student enrollment levels of
local educational agencies which receive or may re-
ceive payments under this title.
‘‘(2) INFORMATION.—Such process shall provide
timely information regarding such closures and such
adjustments—
‘‘(A) by the Secretary of Defense to the Sec-
retary; and
‘‘(B) by the Secretary to the affected local edu-
cational agencies.
‘‘SEC. 8008. FACILITIES.
‘‘(a) CURRENT FACILITIES.—From the amount appro-
priated for any fiscal year under section 8013(e), the Sec-
retary may continue to provide assistance for school facili-
ties that were supported by the Secretary under section 10
of the Act of September 23, 1950 (Public Law 815, 81st
Congress; 20 U.S.C. 640) as in effect prior to the date of
the enactment of the Improving America’s Schools Act of
1994.
712
‘‘(b) TRANSFER OF FACILITIES.—
‘‘(1) IN GENERAL.—The Secretary shall, as soon
as practicable, transfer to the appropriate local edu-
cational agency or another appropriate entity all the
right, title, and interest of the United States in and
to each facility provided under section 10 of the Act
of September 23, 1950 (Public Law 815, 81st Con-
gress; 20 U.S.C. 640), or under section 204 or 310 of
the Act of September 30, 1950 (Public Law 874, 81st
Congress), as in effect on January 1, 1958.
‘‘(2) OTHER REQUIREMENTS.—Any such transfer
shall be without charge to such agency or entity, and
prior to such transfer, the transfer must be consented
to by the local education agency or other appropriate
entity, and may be made on such terms and condi-
tions as the Secretary deems appropriate to carry out
the purposes of this Act.
‘‘SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PRO-
VIDING STATE AID.
‘‘(a) GENERAL PROHIBITION.—Except as provided in
subsection (b), a State may not—
‘‘(1) consider payments under this title or under
the Act of September 30, 1950 (Public Law 874, 81st
Congress) in determining for any fiscal year—
713
‘‘(A) the eligibility of a local educational
agency for State aid for free public education; or
‘‘(B) the amount of such aid; or
‘‘(2) make such aid available to local educational
agencies in a manner that results in less State aid to
any local educational agency that is eligible for such
payment than it would receive if it were not so eligi-
ble.
‘‘(b) STATE EQUALIZATION PLANS.—
‘‘(1) IN GENERAL.—A State may reduce State
aid to a local educational agency that receives a pay-
ment under section 8004 or under the Act of Septem-
ber 30, 1950 (Public Law 874, 81st Congress) as such
Act existed prior to the enactment of the Improving
America’s Schools Act of 1994 (other than a payment
under section 2 or an increase in payments described
in paragraphs (2)(B), (2)(C), (2)(D), or (3)(B)(ii) of
section 3(d)) for any fiscal year if the Secretary de-
termines, and certifies under subsection (c)(3)(A),
that such State has in effect a program of State aid
that equalizes expenditures for free public education
among local educational agencies in such State.
‘‘(2) COMPUTATION.—
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), a program of State aid equalizes ex-
714
penditures among local educational agencies if,
in the second preceding fiscal year, the amount
of per-pupil expenditures made by, or per-pupil
revenues available to, the local educational agen-
cy in the State with the highest such per-pupil
expenditures or revenues did not exceed the
amount of such per-pupil expenditures made by,
or per-pupil revenues available to, the local edu-
cational agency in the State with the lowest such
expenditures or revenues by more than 10 per-
cent.
‘‘(B) OTHER FACTORS.—In making a deter-
mination under this subsection, the Secretary
shall—
‘‘(i) disregard local educational agen-
cies with per-pupil expenditures or revenues
above the 95th percentile or below the 5th
percentile of such expenditures or revenues
in the State; and
‘‘(ii) take into account the extent to
which a program of State aid reflects the
additional cost of providing free public edu-
cation in particular types of local edu-
cational agencies, such as those that are geo-
graphically isolated, or to particular types
715
of students, such as children with disabil-
ities.
‘‘(3) EXCEPTION.—Notwithstanding paragraph
(2), if the Secretary determines that the State has
substantially revised its program of State aid, the
Secretary may certify such program for any fiscal
year only if—
‘‘(A) the Secretary determines, on the basis
of projected data, that the State’s program will
meet the 10 percent disparity standard described
in paragraph (2) in that fiscal year; and
‘‘(B) the State provides an assurance to the
Secretary that, if final data do not demonstrate
that the State’s program met such standard for
that year (or that it met such standard with a
greater percentage of disparity than antici-
pated), the State will pay to each affected local
educational agency the amount by which it re-
duced State aid to the local educational agency
on the basis of such certification, or a propor-
tionate share thereof, as the case may be.
‘‘(c) PROCEDURES FOR REVIEW OF STATE EQUALI-
ZATION PLANS.—
‘‘(1) WRITTEN NOTICE.—
716
‘‘(A) IN GENERAL.—Any State that wishes
to consider payments described in subsection
(b)(1) in providing State aid to local edu-
cational agencies shall submit to the Secretary,
not later than 120 days before the beginning of
the State’s fiscal year, a written notice of its in-
tention to do so.
‘‘(B) CONTENTS.—Such notice shall be in
the form and contain the information the Sec-
retary requires, including evidence that the State
has notified each local educational agency in the
State of its intention to consider such payments
in providing State aid.
‘‘(2) OPPORTUNITY TO PRESENT VIEWS.—Before
making a determination under subsection (b), the
Secretary shall afford the State, and local educational
agencies in the State, an opportunity to present their
views.
‘‘(3) QUALIFICATION PROCEDURES.—If the Sec-
retary determines that a program of State aid quali-
fies under subsection (b), the Secretary shall—
‘‘(A) certify the program and so notify the
State; and
‘‘(B) afford an opportunity for a hearing,
in accordance with section 8011(a), to any local
717
educational agency adversely affected by such
certification.
‘‘(4) NON-QUALIFICATION PROCEDURES.—If the
Secretary determines that a program of State aid
does not qualify under subsection (b), the Secretary
shall—
‘‘(A) so notify the State; and
‘‘(B) afford an opportunity for a hearing,
in accordance with section 8011(a), to the State,
and to any local educational agency adversely
affected by such determination.
‘‘(d) REDUCTIONS OF STATE AID.—
‘‘(1) IN GENERAL.—A State whose program of
State aid has been certified by the Secretary under
subsection (c)(3) may reduce the amount of such aid
provided to a local educational agency that receives a
payment described in subsection (b)(1) by any
amount up to—
‘‘(A) the amount of such payment; multi-
plied by
‘‘(B) 100 percent minus the percentage of
disparity determined under subsection (b).
‘‘(2) PROHIBITION.—A State may not make a re-
duction described in paragraph (1) before its program
718
of State aid has been certified by the Secretary under
subsection (c)(3).
‘‘(e) REMEDIES FOR STATE VIOLATIONS.—
‘‘(1) IN GENERAL.—The Secretary or any ag-
grieved local educational agency may, without ex-
hausting administrative remedies, bring an action in
a United States district court against any State that
violates subsection (a) or subsection (d)(2) or fails to
carry out an assurance provided under subsection
(b)(3)(B).
‘‘(2) IMMUNITY.—A State shall not be immune
under the eleventh amendment to the Constitution of
the United States from an action described in para-
graph (1).
‘‘(3) RELIEF.—The court shall grant such relief
as it determines is appropriate, which may include
attorney’s fees to a prevailing local educational agen-
cy.
‘‘SEC. 8010. FEDERAL ADMINISTRATION.
‘‘(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS.—The
Secretary shall round any payments under this title to the
nearest whole dollar amount.
‘‘(b) OTHER AGENCIES.—Each Federal agency admin-
istering Federal property on which children reside, and
each agency principally responsible for an activity that
719
may occasion assistance under this title, shall, to the maxi-
mum extent practicable, comply with requests of the Sec-
retary for information the Secretary may require to carry
out this title.
‘‘SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-
VIEW.
‘‘(a) ADMINISTRATIVE
HEARINGS.—A local edu-
cational agency and a State that is adversely affected by
any action of the Secretary under this title shall be entitled
to a hearing on such action in the same manner as if such
agency were a person under chapter 5 of title 5, United
States Code.
‘‘(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—
‘‘(1) IN GENERAL.—A local educational agency
or a State aggrieved by the Secretary’s final decision
following an agency proceeding under subsection (a)
may, within 60 days after receiving notice of such de-
cision, file with the United States court of appeals for
the circuit in which such agency or State is located
a petition for review of that action. The clerk of the
court shall promptly transmit a copy of the petition
to the Secretary. The Secretary shall then file in the
court the record of the proceedings on which the Sec-
retary’s action was based, as provided in section 2112
of title 28, United States Code.
720
‘‘(2) FINDINGS OF FACT.—The findings of fact by
the Secretary, if supported by substantial evidence,
shall be conclusive, but the court, for good cause
shown, may remand the case to the Secretary to take
further evidence. The Secretary may thereupon make
new or modified findings of fact and may modify the
Secretary’s previous action, and shall file in the court
the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
‘‘(3) REVIEW.—The court shall have exclusive ju-
risdiction to affirm the action of the Secretary or to
set it aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme Court
of the United States upon certiorari or certification
as provided in section 1254 of title 28, United States
Code.
‘‘SEC. 8012. DEFINITIONS.
‘‘For purposes of this title, the following definitions
apply:
‘‘(1) ARMED FORCES.—The term ‘Armed Forces’
means the Army, Navy, Air Force, and Marine Corps.
‘‘(2) AVERAGE
PER-PUPIL
EXPENDITURE.—The
term ‘average per-pupil expenditure’ means—
721
‘‘(A) the aggregate current expenditures of
all local educational agencies in the State; di-
vided by
‘‘(B) the total number of children in average
daily attendance for whom such agencies pro-
vided free public education.
‘‘(3) CONSTRUCTION.—The term ‘construction’
means—
‘‘(A) the preparation of drawings and speci-
fications for school facilities;
‘‘(B) erecting, building, acquiring, altering,
remodeling, repairing, or extending school facili-
ties;
‘‘(C) inspecting and supervising the con-
struction of school facilities; and
‘‘(D) debt service for such activities.
‘‘(4) FEDERAL PROPERTY.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) through (E), the term ‘Fed-
eral property’ means real property that is not
subject to taxation by any State or any political
subdivision of a State due to Federal agreement,
law, or policy, and that is—
722
‘‘(i) owned by the United States or
leased by the United States from another
entity;
‘‘(ii)(I) held in trust by the United
States for individual Indians or Indian
tribes;
‘‘(II) held by individual Indians or In-
dian tribes subject to restrictions on alien-
ation imposed by the United States;
‘‘(III) conveyed at any time under the
Alaska Native Claims Settlement Act (Pub-
lic Law 92–203, 43 U.S.C. 1601 et seq.) to
a Native individual, Native group, or Vil-
lage or Regional corporation; or
‘‘(IV) public land owned by the United
States that is designated for the sole use and
benefit of individual Indians or Indian
tribes; or
‘‘(iii) owned by a foreign government or by
an international organization.
‘‘(B) SCHOOLS PROVIDING FLIGHT TRAINING
TO MEMBERS OF AIR FORCE.—The term ‘Federal
property’ includes, so long as not subject to tax-
ation by any State or any political subdivision
of a State, and whether or not that tax exemp-
723
tion is due to Federal agreement, law, or policy,
any school providing flight training to members
of the Air Force under contract with the Air
Force at an airport owned by a State or politi-
cal subdivision of a State.
‘‘(C) NON-FEDERAL
EASEMENTS, LEASES,
LICENSES, PERMITS, IMPROVEMENTS, AND CER-
TAIN OTHER REAL PROPERTY.—The term ‘Fed-
eral property’ includes, whether or not subject to
taxation by a State or a political subdivision of
a State—
‘‘(i) any non-Federal easement, lease,
license, permit, or other such interest in
Federal property as otherwise described in
this paragraph, but not including any non-
Federal fee-simple interest;
‘‘(ii) any improvement on Federal
property as otherwise described in this
paragraph; and
‘‘(iii) real property that, immediately
before its sale or transfer to a non-Federal
party, was owned by the United States and
otherwise qualified as Federal property de-
scribed in this paragraph, but only for one
724
year beyond the end of the fiscal year of
such sale or transfer.
‘‘(D) CERTAIN POSTAL SERVICE PROPERTY
AND PIPELINES AND UTILITY LINES.—Notwith-
standing any other provision of this paragraph,
the term ‘Federal property’ does not include—
‘‘(i) any real property under the juris-
diction of the United States Postal Service
that is used primarily for the provision of
postal services; or
‘‘(ii) pipelines and utility lines.
‘‘(E) PROPERTY WITH RESPECT TO WHICH
STATE OR LOCAL TAX REVENUES MAY NOT BE
EXPENDED, 
ALLOCATED, 
OR
AVAILABLE
FOR
FREE
PUBLIC
EDUCATION.—Notwithstanding
any other provision of this paragraph, ‘Federal
property’ does not include any property on
which children reside that is otherwise described
in this paragraph if—
‘‘(i) no tax revenues of the State or of
any political subdivision of the State may
be expended for the free public education of
children who reside on that Federal prop-
erty; or
725
‘‘(ii) no tax revenues of the State are
allocated or available for the free public
education of such children.
‘‘(5) FREE PUBLIC EDUCATION.—The term ‘free
public education’ means education that is provided—
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge;
and
‘‘(B) as elementary or secondary education,
as determined under State law, except that, not-
withstanding State law, such term—
‘‘(i) includes preschool education; and
‘‘(ii) does not include any education
provided beyond grade 12.
‘‘(6) INDIAN LANDS.—The term ‘Indian lands’
means any Federal property described in paragraph
(4)(A)(ii).
‘‘(7) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘local educational
agency’—
‘‘(i) means a board of education or
other legally constituted local school author-
ity having administrative control and di-
rection of free public education in a county,
726
township, independent school district, or
other school district; and
‘‘(ii) includes any State agency that
directly operates and maintains facilities
for providing free public education.
‘‘(B) EXCEPTION.—The term ‘local edu-
cational agency’ does not include any agency or
school authority that the Secretary determines on
a case-by-case basis—
‘‘(i) was constituted or reconstituted
primarily for the purpose of receiving as-
sistance under this title or the Act of Sep-
tember 30, 1950 (Public Law 874, 81st Con-
gress) or increasing the amount of such as-
sistance; or
‘‘(ii) is not constituted or reconstituted
for legitimate educational purposes.
‘‘(8) LOW-RENT HOUSING.—The term ‘low-rent
housing’ means housing located on property that is—
‘‘(A) used for low-rent housing that is lo-
cated on land described in subclause (I), (II),
(III), or (IV) of paragraph 4(A)(ii) or on land
that met one of the descriptions in any such
subclause immediately before its use for such
housing;
727
‘‘(B) part of a low-rent housing project as-
sisted under the United States Housing Act of
1937;
‘‘(C) located in the State of Oklahoma
that—
‘‘(i) is owned by an Indian housing
authority and used for low-income housing
(including housing assisted under the mu-
tual help homeownership opportunity pro-
gram under section 202 of the United States
Housing Act of 1937), and
‘‘(ii) at any time prior to the date of
the enactment of Public Law 103–102—
‘‘(I) was designated by treaty as
tribal land, or
‘‘(II) satisfied the definition of
Federal 
property 
under 
section
403(1)(A) of the Act of September 30,
1950 (Public Law 874, 81st Congress);
or
‘‘(D) used to provide housing for homeless
children at closed military installations pursu-
ant to section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11411).
728
‘‘(9) SCHOOL FACILITIES.—The term ‘school fa-
cilities’ includes—
‘‘(A) classrooms and related facilities; and
‘‘(B) equipment, machinery, and utilities
necessary or appropriate for school purposes.
‘‘SEC. 8013. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL
PROPERTY.—For the purpose of making payments under
section 8003, there are authorized to be appropriated
$16,750,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
‘‘(b) BASIC PAYMENTS.—For the purpose of making
payments under section 8004(a), there are authorized to be
appropriated $425,500,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal years 1996,
1997, 1998, and 1999.
‘‘(c) PAYMENTS
FOR
CHILDREN
WITH
DISABIL-
ITIES.—For the purpose of making payments under section
8004(d), 
there 
are 
authorized 
to 
be 
appropriated
$45,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
‘‘(d) PAYMENTS FOR HEAVILY IMPACTED LOCAL EDU-
CATIONAL AGENCIES.—For the purpose of making pay-
729
ments under section 8004(f), there are authorized to be ap-
propriated $42,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
‘‘(e) PAYMENTS FOR INCREASES IN MILITARY CHIL-
DREN.—For the purpose of making payments under section
8007, there are authorized to be appropriated $2,000,000
for fiscal year 1995 and such sums as may be necessary
for each of the fiscal years 1996, 1997, 1998, and 1999.
‘‘(f) FACILITIES MAINTENANCE.—For the purpose of
making payments under section 8008, there are authorized
to be appropriated $2,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal years 1996,
1997, 1998, and 1999.
‘‘SEC. 8014. TRANSFER OF PAYMENTS.
‘‘(a) BASIC PAYMENTS UNDER SECTION 8004.—From
any amounts available, the Secretary of Defense shall trans-
fer to the Secretary of Education the total amount of funds
necessary for the Secretary of Education to make all of the
payments associated with children connected with defense
activities, as defined under section 8004.
‘‘(b) ADDITIONAL PAYMENTS.—(1) The Secretary of
Defense shall transfer to the Secretary of Education in each
fiscal year in which funds are obtained under subsection
730
(a) the full amount of such funds for payments based upon
the amounts computed under section 8004.
‘‘(2) Notwithstanding any other provision of law,
funds made available to the Secretary of Education under
paragraph (1) shall be the only funds used by the Secretary
in making payments under section 8004 to local edu-
cational agencies for children connected with defense activi-
ties and the responsibility of the Secretary of Education
to administer the provisions of section 8004 are limited to
the availability of such funds for eligible students covered
under section 8004.
‘‘(3)(A) For purposes of expediting the funding provi-
sions of this subsection, the Secretary shall provide in a
timely fashion to the Secretary of Defense, such information
as may be necessary for such Secretary to carry out this
provision.
‘‘(B) The Secretary of Education shall also make
available to the Secretary of Defense such reports, evalua-
tions or application information as shall be related to the
federally connected students associated with this Depart-
ment.
731
‘‘TITLE IX—GENERAL
PROVISIONS
‘‘PART A—DEFINITIONS
‘‘SEC. 9101. DEFINITIONS.
‘‘Except as otherwise provided, for the purposes of this
Act, the following terms have the following meanings:
‘‘(1)(A) Except as provided otherwise by State
law or this paragraph, the term ‘average daily at-
tendance’ means—
‘‘(i) the aggregate number of days of attend-
ance of all students during a school year; divided
by
‘‘(ii) the number of days school is in session
during such school year.
‘‘(B) The Secretary shall permit the conversion
of average daily membership (or other similar data)
to average daily attendance for local educational
agencies in States that provide State aid to local edu-
cational agencies on the basis of average daily mem-
bership or such other data.
‘‘(C) If the local educational agency in which a
child resides makes a tuition or other payment for the
free public education of the child in a school located
in another school district, the Secretary shall, for pur-
poses of this Act—
732
‘‘(i) consider the child to be in attendance
at a school of the agency making such payment;
and
‘‘(ii) not consider the child to be in attend-
ance at a school of the agency receiving such
payment.
‘‘(D) If a local educational agency makes a tui-
tion payment to a private school or to a public school
of another local educational agency for a child with
disabilities, as defined in section 602(a)(1) of the In-
dividuals with Disabilities Education Act, the Sec-
retary shall, for the purposes of this Act, consider
such child to be in attendance at a school of the agen-
cy making such payment.
‘‘(2) The term ‘average per-pupil expenditure’
means, in the case of a State or of the United
States—
‘‘(A) without regard to the source of
funds—
‘‘(i) the aggregate current expenditures,
during the third preceding fiscal year (or, if
satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies
733
in the State or, in the case of the United
States for all States (which, for the purpose
of this paragraph, means the 50 States and
the District of Columbia); plus
‘‘(ii) any direct current expenditures
by the State for operation of such agencies;
divided by
‘‘(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such pre-
ceding year.
‘‘(3) The term ‘child’ means any person within
the age limits for which the applicable State provides
free public education.
‘‘(4) The term ‘community-based organization’
means a private nonprofit organization that—
‘‘(A) is representative of a community or
significant segments of a community; and
‘‘(B) provides educational or related services
to individuals in the community.
‘‘(5) The term ‘consolidated State application’
means an application submitted by a State edu-
cational agency pursuant to section 9302 of this Act.
734
‘‘(6) The term ‘county’ means one of those divi-
sions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
‘‘(7) The term ‘covered program’ means each of
the programs authorized by—
‘‘(A) part A of title I of this Act;
‘‘(B) part C of title I of this Act;
‘‘(C) part A of title II of this Act; and
‘‘(D) part A of title IV of this Act except
section 4104.
‘‘(8) The term ‘current expenditures’ means ex-
penditures for free public education—
‘‘(A) including expenditures for administra-
tion, instruction, attendance and health services,
pupil transportation services, operation and
maintenance of plant, fixed charges, and net ex-
penditures to cover deficits for food services and
student body activities; but
‘‘(B) not including expenditures for commu-
nity services, capital outlay, and debt service, or
any expenditures made from funds received
under title I and part A of title II of this Act.
‘‘(9) The term ‘Department’ means the Depart-
ment of Education.
735
‘‘(10) The term ‘educational service agency’
means regional public multiservice agencies author-
ized by State statute to develop, manage, and provide
services and programs to local educational agencies.
‘‘(11) The term ‘elementary school’ means a non-
profit day or residential school that provides elemen-
tary education, as determined under State law.
‘‘(12) The term ‘free public education’ means
education that is provided—
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge;
and
‘‘(B) as elementary or secondary school edu-
cation as determined under applicable State law,
except that such term does not include any edu-
cation provided beyond grade 12.
‘‘(13) The term ‘institution of higher education’
has the meaning given that term in section 1201(a)
of the Higher Education Act of 1965.
‘‘(14)(A) The term ‘local educational agency’
means a public board of education or other public au-
thority legally constituted within a State for either
administrative control or direction of, or to perform
a service function for, public elementary or secondary
schools in a city, county, township, school district, or
736
other political subdivision of a State, or for such com-
bination of school districts or counties as are recog-
nized in a State as an administrative agency for its
public elementary or secondary schools.
‘‘(B) The term includes any other public institu-
tion or agency having administrative control and di-
rection of a public elementary or secondary school.
‘‘(15) The term ‘mentoring’ means a program in
which an adult works with a child or youth on a 1-
to-1 basis, establishing a supportive relationship, pro-
viding academic assistance, and exposing the child or
youth to new experiences that enhance the child or
youth’s ability to excel in school and become a respon-
sible citizen.
‘‘(16) The term ‘other staff’ means pupil services
personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional
and administrative personnel.
‘‘(17) The term ‘outlying area’ means the Virgin
Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and Palau (until
the effective date of the Compact of Free Association
with the Government of Palau).
‘‘(18) The term ‘parent’ includes a legal guard-
ian or other person standing in loco parentis.
737
‘‘(19) The terms ‘pupil-services personnel’ and
‘pupil services’ mean, respectively—
‘‘(A) school counselors, school social workers,
school psychologists, and other qualified profes-
sional personnel involved in providing assess-
ment, diagnosis, counseling, educational, thera-
peutic, and other necessary services as part of a
comprehensive program to meet student needs;
and
‘‘(B) the services provided by such individ-
uals.
‘‘(20) The term ‘secondary school’ means a non-
profit day or residential school that provides second-
ary education, as determined under State law, except
that it does not include any education beyond grade
12.
‘‘(21) The term ‘Secretary’ means the Secretary
of Education.
‘‘(22) The term ‘State’ means each of the 50
States, the District of Columbia, the Commonwealth
of Puerto Rico, and each of the outlying areas.
‘‘(23) The term ‘State educational agency’ means
the agency primarily responsible for the State super-
vision of public elementary and secondary schools.
738
‘‘SEC. 9102. APPLICABILITY OF THIS TITLE.
‘‘Parts B through F of this title do not apply to title
VIII of this Act.
‘‘SEC. 9103. REFERENCES IN OTHER ACTS.
‘‘References to section 1471 of this Act, as it existed
prior to the enactment of the Improving America’s Schools
Act of 1994, shall be deemed to refer to this section.
‘‘PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
‘‘SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE
FUNDS FOR ELEMENTARY AND SECONDARY
EDUCATION PROGRAMS.
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
(1) A State educational agency may consolidate the
amounts specifically made available to it for State adminis-
tration under one or more of the programs specified under
paragraph (2) if such State educational agency can dem-
onstrate that the majority of such agency’s resources come
from non-Federal sources.
‘‘(2) This section applies to title I of this Act and the
covered programs specified in sections 9101(7)(C) and (D).
‘‘(b) USE OF FUNDS.—(1) A State educational agency
shall use the amount available under this section for the
administration of the programs included in the consolida-
tion under subsection (a).
739
‘‘(2) A State educational agency may also use funds
available under this section for administrative activities de-
signed to enhance the effective and coordinated use of funds
under such programs, such as—
‘‘(A) the coordination of programs specified in
subsection (a)(2) with other Federal and non-Federal
programs;
‘‘(B) the establishment and operation of peer-
review mechanisms under this Act;
‘‘(C) the administration of this title;
‘‘(D) the dissemination of information regarding
model programs and practices; and
‘‘(E) technical assistance under programs speci-
fied in subsection (a)(2).
‘‘(c) RECORDS.—A State educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual program,
to account for costs relating to the administration of pro-
grams included in the consolidation under subsection (a).
‘‘(d) REVIEW.—To determine the effectiveness of State
administration under this section, the Secretary may peri-
odically review the performance of State educational agen-
cies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appro-
priate to ensure the effectiveness of such administration.
740
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State
educational agency does not use all of the funds available
to it under this section for administration, it may use such
funds during the applicable period of availability as funds
available under one or more programs included in the con-
solidation under subsection (a).
‘‘SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
‘‘A State educational agency that also serves as a local
educational agency shall, in its applications or State plans
under this Act, describe how it will eliminate duplication
in the conduct of administrative functions.
‘‘SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN-
ISTRATION.
‘‘(a) GENERAL AUTHORITY.—In accordance with regu-
lations of the Secretary, a local educational agency, with
the approval of its State educational agency, may consoli-
date and use for the administration of one or more covered
programs for any fiscal year not more than the percentage,
established in each covered program, of the total amount
available to that local educational agency under those cov-
ered programs.
‘‘(b) STATE PROCEDURES.—Within one year from the
date of enactment of the Improving America’s Schools Act
of 1994, a State educational agency shall, in collaboration
with local educational agencies in the State, establish proce-
741
dures for responding to requests from local educational
agencies to consolidate administrative funds under sub-
section (a) and for establishing limitations on the amount
of funds under covered programs that may be used for ad-
ministration on a consolidated basis.
‘‘(c) CONDITIONS.—A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu-
cational agency that consolidates administrative funds
under this section may use these consolidated funds for the
administration of covered programs and for the purposes
described in section 9201(b)(2).
‘‘(e) RECORDS.—A local educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual covered
program, to account for costs relating to the administration
of covered programs included in the consolidation.
‘‘SEC. 9204. ADMINISTRATIVE FUNDS STUDY.
‘‘(a) STUDY.—(1) The Secretary shall conduct a study
of the use of funds under this Act for the administration,
by State and local educational agencies, of covered pro-
742
grams, including the percentage of grant funds used for such
purpose in covered programs.
‘‘(2) Based on the results of such study, the Secretary
shall develop a definition of what types of activities con-
stitute the administration of programs under this Act by
State and local educational agencies.
‘‘(3) Based on the results of such study, the Secretary
may publish regulations or guidelines regarding the use of
funds for administration under those programs, including
the use of such funds on a consolidated basis and limita-
tions on the amount of such funds that may be used for
administration where such limitation is not otherwise spec-
ified in law.
‘‘(b) REPORT.—The Secretary shall submit to the
President and the appropriate committees of the Congress
a report regarding the study conducted under this section
within 30 days of its completion.
‘‘SEC. 9205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT
OF THE INTERIOR FUNDS.
‘‘(a) GENERAL AUTHORITY.—(1) The Secretary shall
transfer to the Department of the Interior, as a consolidated
amount for covered programs, the Indian education pro-
grams under part A of title VI of this Act, and the edu-
cation for homeless children and youth program under sub-
title B of title VII of the Stewart B. McKinney Homeless
743
Assistance Act, the amounts allotted to the Department of
the Interior under those programs.
‘‘(2)(A) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the require-
ments of the programs specified in paragraph (1), for the
distribution and use of those funds under terms that the
Secretary determines best meet the purposes of those
programs.
‘‘(B) The agreement shall—
‘‘(i) set forth the plans of the Secretary of the In-
terior for the use of the amount transferred, the steps
to be taken to achieve the National Education Goals,
and performance measures to assess program effective-
ness, including measurable goals and objectives; and
‘‘(ii) be developed in consultation with Indian
tribes.
‘‘(b) ADMINISTRATION.—The Department of the Inte-
rior may use up to 1.5 percent of the funds consolidated
under this section for its costs related to the administration
of the funds transferred under this section.
‘‘SEC. 9206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
‘‘(a) UNNEEDED PROGRAM FUNDS.—With the ap-
proval of its State educational agency, a local educational
agency that determines for any fiscal year that funds under
a covered program other than part A of title I of this Act
744
are not needed for the purpose of that covered program may
use such funds, not to exceed five percent of the total amount
of its funds under that covered program, for the purpose
of another covered program.
‘‘(b) COORDINATION
OF SERVICES.—A local edu-
cational agency, individual school, or consortium of schools
may use a total of up to 5 percent of the funds it receives
under this Act for the establishment and implementation
of a coordinated services project consistent with the require-
ments of Title X of this Act.’’.
‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL APPLICA-
TIONS
‘‘SEC. 9301. PURPOSE.
‘‘It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordina-
tion, planning, and service delivery under this Act and en-
hanced integration of programs under this Act with edu-
cational activities carried out with State and local funds.
‘‘SEC. 9302. OPTIONAL CONSOLIDATED STATE APPLICA-
TION.
‘‘(a) GENERAL AUTHORITY.—(1) In order to simplify
application requirements and reduce burden for State edu-
cational agencies under this Act, the Secretary shall, in ac-
cordance with subsection (b), establish procedures and cri-
745
teria under which a State educational agency may submit
a consolidated State application meeting the requirements
of this section for each of the covered programs in which
the State participates.
‘‘(2) A State educational agency may also include in
its consolidated application—
‘‘(A) the Even Start program under part B of
title I of this Act;
‘‘(B) the education of neglected and delinquent
youth program under part D of title I of this Act;
‘‘(C) part A of title II of the Carl D. Perkins
Vocational and Applied Technology Education Act;
‘‘(D) Goals 2000: Educate America Act;
‘‘(E) School-to-Work Opportunities Act; and
‘‘(F) such other programs as the Secretary may
designate.
‘‘(3) A State educational agency that submits a con-
solidated State application under this section shall not be
required to submit separate State plans or applications
under any of the programs to which its consolidated appli-
cation under this section applies.
‘‘(b) COLLABORATION.—(1) In establishing criteria
and procedures under this section, the Secretary shall col-
laborate with State educational agencies and, as appro-
priate, with other State agencies, local educational agencies,
746
public and private nonprofit agencies, organizations, and
institutions, private schools, and representatives of parents,
students, and teachers.
‘‘(2) Through the collaboration process described in
subsection (b), the Secretary shall establish, for each pro-
gram under the Act to which this section applies, the de-
scriptions, information, assurances, and other material
required to be included in a consolidated State application.
‘‘(3) The Secretary shall require only descriptions, in-
formation, assurances, and other materials that are abso-
lutely necessary for the consideration of the State applica-
tion.
‘‘SEC. 9303. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES.
‘‘(a) ASSURANCES.—A State educational agency that
submits a State plan or application under this Act, whether
separately or under section 9302, shall have on file with
the Secretary a single set of assurances, applicable to each
program for which a plan or application is submitted, that
provides that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
‘‘(2)(A) the control of funds provided under each
such program and title to property acquired with
747
program funds will be in a public agency, in a non-
profit private agency, institution, or organization, or
in an Indian tribe if the statute authorizing the pro-
gram provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing statutes;
‘‘(3) the State will adopt and use proper methods
of administering each such program, including—
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions and other recipients responsible for carry-
ing out each program;
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and
‘‘(C) the adoption of written procedures for
the receipt and resolution of complaints alleging
violations of law in the administration of such
programs;
‘‘(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for
the Secretary or other Federal officials;
748
‘‘(5) the State will use such fiscal control and
fund accounting procedures as will ensure proper dis-
bursement of, and accounting for, Federal funds paid
to the State under each such program;
‘‘(6) the State will—
‘‘(A) make reports to the Secretary as may
be necessary to enable the Secretary to perform
the Secretary’s duties under each such program;
and
‘‘(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find nec-
essary to carry out the Secretary’s duties; and
‘‘(7) before the application was submitted to the
Secretary, the State has afforded a reasonable oppor-
tunity for public comment on the application and has
considered such comment.
‘‘(b) GEPA PROVISION.—Section 440 of the General
Education Provisions Act does not apply to programs under
this Act.
‘‘SEC. 9304. CONSOLIDATED LOCAL APPLICATIONS.
‘‘(a) GENERAL
AUTHORITY.—A local educational
agency receiving funds under more than one covered pro-
gram may submit applications to the State educational
agency under such programs on a consolidated basis.
749
‘‘(b) REQUIRED CONSOLIDATED APPLICATIONS.—A
State educational agency that has submitted and had ap-
proved a consolidated State application under section 9302
may require local educational agencies in the State receiv-
ing funds under more than one program included in the
consolidated State application to submit consolidated local
applications under such programs.
‘‘(c) COLLABORATION.—A State educational agency
shall collaborate with local educational agencies in the State
in establishing procedures for the submission of the consoli-
dated applications under this section.
‘‘(d) The State educational agency shall require only
descriptions, information, assurances, and other material
that are absolutely necessary for the consideration of the
application of the local educational agency.
‘‘SEC. 9305. OTHER GENERAL ASSURANCES.
‘‘(a) ASSURANCES.—Any applicant other than a State
educational agency that submits an application under this
Act, whether separately or pursuant to section 9304, shall
have on file with the State educational agency a single set
of assurances, applicable to each program for which an ap-
plication is submitted, that provides that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
750
‘‘(2)(A) the control of funds provided under each
such program and title to property acquired with
program funds will be in a public agency or in a
nonprofit private agency, institution, organization, or
Indian tribe, if the statute authorizing the program
provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing statutes;
‘‘(3) the applicant will adopt and use proper
methods of administering each such program, includ-
ing—
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for carry-
ing out each program; and
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation;
‘‘(4) the applicant will cooperate in carrying out
any evaluation of each such program conducted by or
for the State educational agency or the Secretary or
other Federal officials;
751
‘‘(5) the applicant will use such fiscal control
and fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds
paid to such applicant under each such program;
‘‘(6) the applicant will—
‘‘(A) make reports to the State educational
agency and the Secretary as may be necessary to
enable such agency and the Secretary to perform
their duties under each such program; and
‘‘(B) maintain such records, provide such
information, and afford access to the records as
the State educational agency or the Secretary
may find necessary to carry out the State edu-
cational agency’s or the Secretary’s duties; and
‘‘(7) before the application was submitted, the
applicant afforded a reasonable opportunity for pub-
lic comment on the application and has considered
such comment.
‘‘(b) GEPA PROVISION.—Section 442 of the General
Education Provisions Act does not apply to programs under
this Act.
752
‘‘PART D—WAIVERS
‘‘SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
‘‘(a) GENERAL.—Except as provided in subsection (c),
the Secretary may waive any requirement of this Act or
of the General Education Provisions Act, or of the regula-
tions issued under such Acts, for a State educational agen-
cy, Indian tribe, or other agency, organization, or institu-
tion that receives funds under a program authorized by this
Act from the Department and that requests such a waiver
if—
‘‘(1) the Secretary determines that such require-
ment impedes the ability of the State educational
agency or other recipient to achieve more effectively
the purposes of this Act; and
‘‘(2) in the case of a waiver proposal submitted
by a State educational agency, the State educational
agency—
‘‘(A) provides all interested local edu-
cational agencies in the State with notice and an
opportunity to comment on the proposal; and
‘‘(B) submits the comments to the Secretary;
and
‘‘(3) in the case of a waiver proposal submitted
by a local educational agency or other agency, insti-
tution, or organization that receives funds under this
753
Act from the State educational agency, such request
has been reviewed by the State educational agency
and is accompanied by the comments, if any, of such
agency.
‘‘(b) WAIVER PERIOD.—(1) A waiver under this sec-
tion shall be for a period not to exceed three years.
‘‘(2) The Secretary may extend such period if the Sec-
retary determines that—
‘‘(A) the waiver has been effective in enabling the
State or affected recipients to carry out the activities
for which it was requested and has contributed to im-
proved performance; and
‘‘(B) such extension is in the public interest.
‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary may
not waive, under this section, any statutory or regulatory
requirement relating to—
‘‘(1) comparability of services;
‘‘(2) maintenance of effort;
‘‘(3) the equitable participation of students at-
tending private schools;
‘‘(4) parental participation and involvement;
‘‘(5) the distribution of funds to States or to
local educational agencies or other recipients of funds
under this Act;
‘‘(6) maintenance of records;
754
‘‘(7) applicable civil rights requirements;
‘‘(8) the requirements of sections 444 and 445 of
the General Education Provisions Act; or
‘‘(9) the requirements related to the element of a
charter school described in paragraph (1) of section
3407 of this Act.
‘‘(d) TERMINATION OF WAIVERS.—The Secretary shall
terminate a waiver under this section if the Secretary deter-
mines that the performance of the State or other recipient
affected by the waiver has been inadequate to justify a con-
tinuation of the waiver or if it is no longer necessary to
achieve its original purposes.
‘‘PART E—UNIFORM PROVISIONS
‘‘SEC. 9501. MAINTENANCE OF EFFORT.
‘‘(a) GENERAL.—A local educational agency may re-
ceive funds under a covered program for any fiscal year
only if the State educational agency finds that either the
combined fiscal effort per student or the aggregate expendi-
tures of that agency and the State with respect to the provi-
sion of free public education by that agency for the preced-
ing fiscal year was not less than 90 percent of such com-
bined fiscal effort or aggregate expenditures for the second
preceding fiscal year.
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
(1) The State educational agency shall reduce the amount
755
of the allocation of funds under a covered program in any
fiscal year in the exact proportion to which a local edu-
cational agency fails to meet the requirement of subsection
(a) by falling below 90 percent of both the combined fiscal
effort per student and aggregate expenditures (using the
measure most favorable to such local agency).
‘‘(2) No such lesser amount shall be used for computing
the effort required under subsection (a) for subsequent years.
‘‘(c) WAIVER.—The Secretary may waive the require-
ments of this section if the Secretary determines that such
a waiver would be equitable due to—
‘‘(1) exceptional or uncontrollable circumstances
such as a natural disaster; or
‘‘(2) a precipitous decline in the financial re-
sources of the local educational agency.
‘‘SEC. 9502. PROHIBITION REGARDING STATE AID.
‘‘No State may take into consideration payments
under this Act (other than under title VIII) in determining
the eligibility of any local educational agency in that State
for State aid, or the amount of State aid, with respect to
free public education of children.
‘‘SEC. 9503. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘(a) GENERAL REQUIREMENT.—(1) Except as other-
wise provided in this Act, to the extent consistent with the
756
number of eligible children in a State educational agency,
local educational agency, or intermediate educational agen-
cy or consortium receiving financial assistance under a
program specified in subsection (b), who are enrolled in pri-
vate elementary and secondary schools in such agency or
consortium, such agency or consortium shall, after timely
and meaningful consultation with appropriate private
school officials, provide such children and their teachers or
other educational personnel, on an equitable basis, special
educational services or other benefits under such program.
‘‘(2) Educational services or other benefits, including
materials and equipment, provided under this section, must
be secular, neutral, and nonideological.
‘‘(3) Educational services and other benefits provided
under this section for such private school children, teachers,
and other educational personnel shall be equitable in com-
parison to services and other benefits for public school chil-
dren, teachers, and other educational personnel participat-
ing in such program.
‘‘(4) Expenditures for educational services and other
benefits provided under this section to eligible private school
children, their teachers, and other educational personnel
serving them shall be equal, taking into account the number
and educational needs of the children to be served, to the
expenditures for participating public school children.
757
‘‘(5) Such agency or consortium may provide such
services directly or through contracts with public and pri-
vate agencies, organizations, and institutions.
‘‘(b) APPLICABILITY.—(1) This section applies to—
‘‘(A) each covered program; and
‘‘(B) programs under title VII of this Act.
‘‘(2) For the purposes of this section, the term ‘eligible
children’ mean children eligible for services under a pro-
gram described in paragraph (1).
‘‘(c) PUBLIC CONTROL OF FUNDS.—(1) The control of
funds used to provide services under this section, and title
to materials, equipment, and property purchased with these
funds, shall be in a public agency for the uses and purposes
provided in this Act, 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-
758
zation, and such employment or contract shall be under the
control and supervision of such public agency.
‘‘(C) Funds used to provide services under this section
shall not be commingled with non-Federal funds.
‘‘SEC. 9504. STANDARDS FOR BY-PASS.
‘‘If, by reason of any provision of law, a State, local,
or intermediate educational agency or consortium is pro-
hibited from providing for the participation in programs
of children enrolled in, or teachers or other educational per-
sonnel from, private elementary and secondary schools, on
an equitable basis, or if the Secretary determines that such
agency or consortium has substantially failed or is unwill-
ing to provide for such participation, as required by section
9503, the Secretary shall—
‘‘(1) waive the requirements of that section for
such agency or consortium; and
‘‘(2) arrange for the provision of equitable serv-
ices to such children, teachers, or other educational
personnel through arrangements that shall be subject
to the requirements of this section and of sections
9503, 9505, and 9506.
‘‘SEC. 9505. COMPLAINT PROCESS FOR PARTICIPATION OF
PRIVATE SCHOOL CHILDREN.
‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary
shall develop and implement written procedures for receiv-
759
ing, investigating, and resolving complaints from parents,
teachers, or other individuals and organizations concerning
violations by an agency or consortium of section 9503 of
this Act. Such individual or organization shall submit such
complaint to the State educational agency for a written res-
olution by such agency within a reasonable period of time.
‘‘(b) APPEALS TO THE SECRETARY.—Such resolution
may be appealed by an interested party to the Secretary
within 30 days after the State educational agency resolves
the complaint or fails to resolve the complaint within a rea-
sonable period of time. Such appeal shall be accompanied
by a copy of the State educational agency’s resolution, and
a complete statement of the reasons supporting the appeal.
The Secretary shall investigate and resolve each such appeal
within 120 days after receipt of the appeal.
‘‘SEC. 9506. BY-PASS DETERMINATION PROCESS.
‘‘(a) REVIEW.—(1)(A) The Secretary shall not take
any final action under section 9504 until the agency or con-
sortium affected by such action has had an opportunity,
for at least 45 days after receiving written notice thereof,
to submit written objections and to appear before the Sec-
retary to show cause why that action should not be taken.
‘‘(B) Pending final resolution of any investigation or
complaint that could result in a determination under this
section, the Secretary may withhold from the allocation of
760
the affected State or local educational agency the amount
estimated by the Secretary to be necessary to pay the cost
of those services.
‘‘(2)(A) If such affected agency or consortium is dissat-
isfied with the Secretary’s final action after a proceeding
under paragraph (1), it may, within 60 days after notice
of such action, file with the United States court of appeals
for the circuit in which such State is located a petition for
review of that action.
‘‘(B) A copy of the petition shall be forthwith transmit-
ted by the clerk of the court to the Secretary.
‘‘(C) The Secretary thereupon shall file in the court
the record of the proceedings on which the Secretary based
this action, as provided in section 2112 of title 28, United
States Code.
‘‘(3)(A) The findings of fact by the Secretary, if sup-
ported by substantial evidence, shall be conclusive, but the
court, for good cause shown, may remand the case to the
Secretary to take further evidence and the Secretary may
thereupon make new or modified findings of fact and may
modify the Secretary’s previous action, and shall file in the
court the record of the further proceedings.
‘‘(B) Such new or modified findings of fact shall like-
wise be conclusive if supported by substantial evidence.
761
‘‘(4)(A) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or
to set it aside, in whole or in part.
‘‘(B) The judgment of the court shall be subject to re-
view by the Supreme Court of the United States upon cer-
tiorari or certification as provided in section 1254 of title
28, United States Code.
‘‘(b) DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines, in consultation with such agency
or consortium and representatives of the affected private
school children, teachers, or other educational personnel that
there will no longer be any failure or inability on the part
of such agency or consortium to meet the applicable require-
ments of section 9503 or any other provision of this Act.
‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the
Secretary arranges for services pursuant to this section, the
Secretary shall, after consultation with the appropriate
public and private school officials, pay the cost of such serv-
ices, including the administrative costs of arranging for
those services, from the appropriate allocation or allocations
under this Act.
‘‘(d) PRIOR DETERMINATION.—Any by-pass deter-
mination by the Secretary under this Act as in effect on
the day before enactment of the Improving America’s
762
Schools Act of 1994 shall remain in effect to the extent the
Secretary determines that it is consistent with the purpose
of this section.
‘‘SEC. 9507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS
WORSHIP OR INSTRUCTION.
‘‘Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.’’.
‘‘PART F—GUN POSSESSION
‘‘SEC. 9601. POLICY FOR GUN POSSESSION.
‘‘(a) IN GENERAL.—Each local educational agency
which receives assistance under this Act shall have a policy
that addresses student possession and use of a gun on school
property.
‘‘(b) POLICY CONTENT.—The content of such policy
may include—
‘‘(1) punishment requirements for possession and
use of a gun on school property, including expulsion
and suspension;
‘‘(2) alternative placement for an individual who
violates the policy;
‘‘(3) educational services for a student expelled
from school for violation of the policy; and
763
‘‘(4) opportunities for a hearing to address ex-
pulsion or suspension decisions for violation of the
policy.
‘‘TITLE X—COORDINATED
SERVICES PROJECTS
‘‘SEC. 10001. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress makes the following
findings:
‘‘(1) Growing numbers of children are negatively
affected by influences outside of the classroom which
increase their risk of academic failure.
‘‘(2) Factors such as poor nutrition, unsafe liv-
ing conditions, physical and sexual abuse, family and
gang violence, inadequate health care, unemployment,
lack of child care and substance abuse adversely affect
family relationships and the ability of a child to
learn.
‘‘(3) Parents and other caregivers in today’s high
pressure society often face demands which place re-
straints on their time and affect their ability to ade-
quately provide for the needs of their families.
‘‘(4) Access to health and social service programs
can address the basic physical and emotional needs of
children so that they can fully participate in the
learning experiences offered them in school.
764
‘‘(5) Services for at-risk students need to be more
convenient, less fragmented, regulated and duplicative
in order to meet the needs of children and their
families.
‘‘(6) School personnel, parents, and support serv-
ice providers often lack knowledge of, and access to,
available services for at-risk students and their fami-
lies in the community, and have few resources to co-
ordinate services and make them accessible.
‘‘(7) Service providers, such as teachers, social
workers, health care and child care providers, juvenile
justice workers and others, are often trained in sepa-
rate disciplines that provide little support for the co-
ordination of services.
‘‘(8) Coordination of services is more cost effec-
tive because it substitutes prevention for expensive
crisis intervention.
‘‘(9) Coordinating health and social services with
education can help the Nation meet the National
Education Goals by ensuring better outcomes for
children.
‘‘(b) PURPOSE
OF COORDINATING SERVICES.—The
purpose of this section is to provide elementary and second-
ary school students and their families better access to the
social, health and education services necessary for students
765
to succeed in school and for their families to take an active
role in ensuring that children receive the best possible
education.
‘‘SEC. 10002. DEFINITIONS.
‘‘(a) The term ‘coordinated services project’ refers to
a comprehensive approach to meeting the educational,
health, social service, and other needs of children and their
families, including foster children and their foster families,
through a communitywide partnership that links public
and private agencies providing such services or access to
such services through a coordination site at or near a school.
‘‘(b) An ‘eligible entity’ is a local educational agency,
individual school, or consortium of schools.
‘‘SEC. 10003. PROJECT DEVELOPMENT AND IMPLEMENTA-
TION.
‘‘(a) PROJECT PLANS.—Eligible entities exercising
their authority under section 9206(b) shall submit to the
Secretary an application for the development of a plan or
a plan for the implementation of a coordinated services
project.
‘‘(b) PROJECT DEVELOPMENT.—The application for
the development of the coordinated services project, which
can last for up to one year, shall:
‘‘(1) demonstrate that an assessment will be per-
formed of the economic, social, and health barriers to
766
educational achievement experienced by children and
families, including foster children and their foster
families, in the community, and the local, State, fed-
eral, and privately funded services available to meet
such needs;
‘‘(2) identify the measures that will be taken to
establish a communitywide partnership that links
public and private agencies providing services to chil-
dren and families; and
‘‘(3) identify any other measures that will be
taken to develop a comprehensive plan for the imple-
mentation of a coordinated services project or
projects.
‘‘(c) PROJECT IMPLEMENTATION.—Eligible entities
shall submit to the Secretary a plan for the implementation
or expansion of a coordinated services project. Such plan
shall include—
‘‘(1) the results of a children and families needs
assessment, which will include an assessment of the
needs of foster children;
‘‘(2) the membership of the coordinated services
project partnership;
‘‘(3) a description of the proposed coordinated
services project, its objectives, where it will be located,
767
and the staff that will be used to carry out the pur-
poses of the project;
‘‘(4) a description of how the success of the co-
ordinated services project will be evaluated;
‘‘(5) a description of the training to be provided
to teachers and appropriate personnel; and
‘‘(6) information regarding whether or not a
sliding scale fee for services will be employed, and if
not, an explanation of why such scale is not feasible.
‘‘SEC. 10004. USES OF FUNDS.
‘‘(a) Funds utilized under the authority of section
9206(b) may be used for activities under this title which
include—
‘‘(1) hiring a services coordinator;
‘‘(2) making minor renovations to existing build-
ings;
‘‘(3) purchasing basic operating equipment;
‘‘(4) improving communications and informa-
tion-sharing between members of the coordinated serv-
ices project partnership;
‘‘(5) providing training to teachers and appro-
priate personnel concerning their role in a coordi-
nated services project; and
‘‘(6) conducting the needs assessment required in
section 10003(b)(1).
768
‘‘(b) Projects operating under the authority of this title
shall comply with the requirements of Sec. 1121(b).
‘‘SEC. 10005. CONTINUING AUTHORITY.
‘‘The Secretary shall not approve the plan of any
project which fails to demonstrate that it is achieving effec-
tive coordination after 2 years of implementation.
‘‘SEC. 10006. FEDERAL AGENCY COORDINATION.
‘‘(a) AGENCY
COORDINATION.—The Secretaries of
Education, Health and Human Services, Labor, Housing
and Urban Development, Treasury, and Agriculture, and
the Attorney General shall review the programs adminis-
tered by their agencies to identify barriers to service coordi-
nation.
‘‘(b) REPORT TO CONGRESS.—Such Secretaries and
the Attorney General shall submit jointly a report to the
Congress not later than 2 years after the date of the enact-
ment of the Improving America’s Schools Act, based on the
review required under paragraph (a) recommending legisla-
tive and regulatory action to address such barriers, and
during this time, shall use waiver authorities authorized
under this and other Acts.
‘‘TITLE XI—SCHOOL FACILITIES
IMPROVEMENT ACT
‘‘SEC. 11001. FINDINGS.
‘‘The Congress finds the following:
769
‘‘(1) According to a 1991 survey conducted by
the American Association of School Administrators,
74 percent of all public school buildings in the United
States need to be replaced.
‘‘(2) Almost one-third of such buildings were
built prior to World War II.
‘‘(3) It is estimated that 1 of every 4 public
school buildings in the United States is in inadequate
condition, and of such buildings, 61 percent need
maintenance or major repairs, 43 percent are obso-
lete, 42 percent contain environmental hazards, 25
percent are overcrowded, and 13 percent are struc-
turally unsound.
‘‘(4) Large numbers of local educational agencies
have difficulties securing financing for school facility
improvement.
‘‘SEC. 11002. PURPOSE.
‘‘The purpose of this Act is the leverage limited Federal
funds to enable local educational agencies to finance the
costs associated with the improvement of school facilities
within their jurisdiction.
‘‘SEC. 11003. FEDERAL ASSISTANCE IN THE FORM OF
LOANS.
‘‘(a) AUTHORITY AND CONDITIONS FOR LOANS.—To
assist local educational agencies in the construction, recon-
770
struction, or renovation of schools, the Secretary may make
loans of funds to such agencies for the construction, recon-
struction, or renovation of such schools. Such assistance
shall only be provided—
‘‘(1) to local educational agencies eligible for
grants under section 1124A of part A of title I,
schools located on Indian reservations, or local edu-
cational agencies eligible for payments under section
8004.
‘‘(2) if the Secretary finds that such construc-
tions will be undertaken in an economical manner,
and that any such construction, reconstruction or ren-
ovation is not or will not be of elaborate or extrava-
gant design or materials.
‘‘(b) PRIORITIES.—In approving loans under this title,
the Secretary shall consider—
‘‘(1) the difficulty of the applicant in securing
affordable financing from other sources;
‘‘(2) the threat the condition of the physical
plant poses to the safety and well-being of students;
‘‘(3) the demonstrated need for the construction,
reconstruction, or renovation as based on the condi-
tion of the facility; and
‘‘(4) the age of the facility to be renovated or
replaced.
771
‘‘(c) AMOUNT AND CONDITIONS OF LOANS.—A loan to
a local educational agency—
‘‘(1) may be in an amount not exceeding the
total development cost of the facility, as determined
by the Secretary;
‘‘(2) shall be secured in such manner and be re-
paid within such period, not exceeding 50 years, as
may be determined by the Secretary; and
‘‘(3) shall bear interest at a rate determined by
the Secretary which shall be the rate of interest paid
by the Secretary on funds obtained from the Secretary
of the Treasury minus 1 and one quarter per cent
each year.
‘‘SEC. 11004. GENERAL PROVISIONS.
‘‘(a) BUDGET AND ACCOUNTING.—In the performance
of, and with respect to, the functions, powers, and duties
under this part, the Secretary, notwithstanding the provi-
sions of any other law, shall—
‘‘(1) prepare annually and submit a budget pro-
gram as provided for wholly owned Government cor-
porations by chapter 91 of title 31, United States
Code; and
‘‘(2) maintain a set of accounts which shall be
audited by the Comptroller General in accordance
with the provisions of chapter 35 of title 31, United
772
States Code, but such financial transactions of the
Secretary, as the making of loans and vouchers ap-
proved by the Secretary, in connection with such fi-
nancial transactions shall be final and conclusive
upon all officers of the Government.
‘‘(b) USE OF FUNDS.—Funds made available to the
Secretary pursuant to the provisions of this part shall be
deposited in a checking account or accounts with the Treas-
urer of the United States. Receipts and assets obtained or
held by the Secretary in connection with the performance
of functions under this part, and all funds available for
carrying out the functions of the Secretary under this part
(including appropriations therefor, which are hereby au-
thorized), shall be available, in such amounts as may from
year to year be authorized by the Congress, for the adminis-
trative expenses of the Secretary in connection with the per-
formance of such functions.
‘‘(c) LEGAL POWERS.—In the performance of, and
with respect to, the functions, powers, and duties under this
part, the Secretary, notwithstanding the provisions of any
other law, may—
‘‘(1) prescribe such rules and regulations as may
be necessary to carry out the purposes of this part;
‘‘(2) sue and be sued;
773
‘‘(3) foreclose on any property or commence any
action to protect or enforce any right conferred upon
the Secretary by any law, contract, or other agree-
ment, and bid for and purchase at any foreclosure or
any other sale any property in connection with which
the Secretary has made a loan pursuant to this part;
‘‘(4) in the event of any such acquisition, not-
withstanding any other provision of law relating to
the acquisition, handling, or disposal of real property
by the United States, complete, administer, remodel
and convert, dispose of, lease, and otherwise deal
with, such property, but any such acquisition of real
property shall not deprive any State or political sub-
division thereof of its civil or criminal jurisdiction in
and over such property or impair the civil rights
under the State or local laws of the inhabitants on
such property;
‘‘(5) sell or exchange at public or private sale, or
lease, real or personal property, and sell or exchange
any securities or obligations, upon such terms as the
Secretary may fix;
‘‘(6) obtain insurance against loss in connection
with property and other assets held; and
‘‘(7) include in any contract or instrument made
pursuant to this part such other covenants, condi-
774
tions, or provisions as may be necessary to assure
that the purposes of this part will be achieved.
‘‘(d) CONTRACTS FOR SUPPLIES OR SERVICES.—Sec-
tion 3709 of the Revised Statutes shall not apply to any
contract for services or supplies on account of any property
acquired pursuant to this part if the amount of such con-
tract does not exceed $1,000.
‘‘(e) APPLICABILITY OF GOVERNMENT CORPORATION
CONTROL ACT.—The provisions of section 9107(a) of title
31, United States Code, which are applicable to corpora-
tions or agencies subject to chapter 91 of such title, shall
also be applicable to the activities of the Secretary under
this part.
‘‘(f) WAGE RATES.—The Secretary shall take such ac-
tion as may be necessary to ensure that all laborers and
mechanics employed by contractors or subcontractors on
any project assisted under this part—
‘‘(1) shall be paid wages at rates not less than
those prevailing on the same type of work on similar
construction in the immediate locality as determined
by the Secretary of Labor in accordance with the Act
of March 3, 1931 (Davis-Bacon Act), as amended;
and
‘‘(2) shall be employed not more than 40 hours
in any one week unless the employee receives wages
775
for the employee’s employment in excess of the hours
specified above at a rate not less than one and one-
half times the regular rate at which the employee is
employed,
but the Secretary may waive the application of this sub-
section in cases or classes of cases where laborers or mechan-
ics, not otherwise employed at any time in the construction
of such project, voluntarily donate their services without full
compensation for the purpose of lowering the costs of con-
struction and the Secretary determines that any amounts
saved thereby are fully credited to the educational institu-
tion undertaking the construction.
‘‘(g) LIMITATIONS.—(1) No loan shall be made under
this part to any local educational agency until 5 years after
the date on which a previous loan to that agency was made
under this part, unless the loan is intended to be used to
construct or reconstruct a facility damaged as a result of
a national disaster, as declared by the President.
‘‘(2) Not more than 12.5 percent of the amount of the
funds provided for in this part in the form of loans annu-
ally shall be made available to educational institutions
within any one State.
‘‘SEC. 11005. DEFINITIONS.
‘‘The term ‘school’ is defined as structures suitable for
use as classrooms, laboratories, libraries, and related facili-
776
ties, the primary purpose of which is the instruction of ele-
mentary and secondary school students.
‘‘SEC. 11006. AUTHORIZATION.
‘‘There are authorized to be appropriated to carry out
this title, $200,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.’’.
‘‘TITLE XII—URBAN AND RURAL
EDUCATION ASSISTANCE
‘‘PART A—URBAN EDUCATION DEMONSTRATION
GRANTS
‘‘SEC. 12000. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) DEMONSTRATION GRANTS.—(1) There is author-
ized to be appropriated $200,000,000 for fiscal year 1995,
and such sums as may be necessary for each of the fiscal
years 1996 through 1999 to carry out the provisions of sec-
tions 12003 and 12103.
‘‘(2) 50 percent of the amount appropriated under
paragraph (1) shall be reserved and made available only
for the purposes of section 12103. If the amount reserved
for any fiscal year for section 12103 is less than
$50,000,000, the Secretary shall grant awards on a com-
petitive basis to local educational agencies serving rural
areas, making such that there is an equitable geographic
distribution of such awards. If the amount reserved for any
777
fiscal year for section 12103 exceeds $50,000,000, the Sec-
retary shall grant awards in such a manner that a local
educational agency serving rural areas in each State re-
ceives such an award.
‘‘(3) 50 percent of the amount appropriated under
paragraph (1) shall be reserved and made available only
for the purposes of section 12003.
‘‘(b) HIGHER EDUCATION AND RESEARCH GRANTS.—
(1) There are authorized to be appropriated $50,000,000 for
fiscal year 1995, and such sums as may be necessary for
each of the fiscal years 1996 through 1999 to carry out the
provisions of sections 12004 and 12104.
‘‘(2) 50 percent of the amount appropriated under
paragraph (1) shall be reserved and made available only
for the purposes of section 12004.
‘‘(3) 50 percent of the amount appropriated under
paragraph (1) shall be reserved and made available only
for the purposes of section 12104.
(c) COMMISSIONS.—‘‘There are authorized to be appro-
priated for fiscal years 1995, 1996, and 1997 such sums
as may be necessary to carry out the provisions of sections
12006 and 12105. Amounts appropriated pursuant to this
authority shall remain available until expended.
‘‘(d) EVALUATION.—There are authorized to be appro-
priated for each of the fiscal years 1995 through 1999 such
778
sums as may be necessary to carry out the provisions of
section 12005.
‘‘SEC. 12001. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the ability of the Nation’s major urban
school systems to meet the Nation’s educational goals
will determine the country’s economic competitiveness
and academic standing in the world community;
‘‘(2) the quality of public education in the Na-
tion’s major urban areas has a direct effect on the
economic development of the Nation’s inner cities;
‘‘(3) the success of urban schools in boosting the
achievement of its minority youth attending such
schools will determine the ability of the Nation to
close the gap between the ‘haves and have-nots’ in so-
ciety;
‘‘(4) the cost to America’s businesses to provide
remedial education to high school graduates is ap-
proximately $21,000,000,000 per year;
‘‘(5) approximately 1⁄3 of the Nation’s work force
will be minority by the year 2000;
‘‘(6) urban schools enroll a disproportionately
large share of the Nation’s poor and ‘at-risk’ youth;
‘‘(7) urban schools enroll approximately 1⁄3 of
Nation’s poor, 40 percent of the Nation’s African
779
American children, and 30 percent of the Nation’s
Hispanic youth;
‘‘(8) nearly 20 percent of the Nation’s limited
English proficient children and 15 percent of the Na-
tion’s disabled youth are enrolled in urban schools;
‘‘(9) the academic performance of students in the
average inner-city public school system is below that
of students in most other kinds of school systems;
‘‘(10) urban schools systems have higher dropout
rates, more problems with health care and less paren-
tal participation than other kinds of school systems;
‘‘(11) urban preschoolers have one-half the access
to early childhood development programs as do other
children;
‘‘(12) shortages of teachers in urban school sys-
tems are 2.5 times greater than such shortages in
other kinds of school systems;
‘‘(13) declining numbers of urban minority high
school graduates are pursuing postsecondary edu-
cational opportunities;
‘‘(14) urban schools systems have greater prob-
lems with teen pregnancy, discipline, drug abuse and
gangs than do other kinds of school systems;
‘‘(15) 75 percent of urban school buildings are
over 25 years old, 33 percent of such buildings are
780
over 50 years old, and such buildings are often in se-
rious disrepair and create poor and demoralizing
working and learning conditions;
‘‘(16) solving the challenges facing our Nation’s
urban schools will require the concerted and collabo-
rative efforts of all levels of government and all sectors
of the community;
‘‘(17) State and Federal funding or urban
schools has not adequately reflected need; and
‘‘(18) Federal funding that is well targeted, flexi-
ble and accountable would contribute significantly to
addressing the comprehensive needs of inner-city
schools.
‘‘SEC. 12002. STATEMENT OF PURPOSE.
‘‘It is the purpose of this Act to provide financial
assistance to—
‘‘(1) assist urban schools in meeting national
education goals;
‘‘(2) improve the educational and social well
being of urban public school children;
‘‘(3) close the achievement gap between urban
and nonurban school children, while improving the
achievement level of all children nationally;
‘‘(4) renovate and repair urban school buildings
and facilities;
781
‘‘(5) conduct coordinated research on urban edu-
cation problems, solutions and promising practices;
‘‘(6) improve the Nation’s global economic and
educational competitiveness by improving the coun-
try’s urban schools;
‘‘(7) encourage community, parental and busi-
ness collaboration in the improvement or urban
schools; and
‘‘(8) review regulations whose simplification
might improve the achievement of urban school chil-
dren.
‘‘SEC. 12003. URBAN EDUCATION DEMONSTRATION GRANTS.
‘‘(a) AUTHORITY.—The Secretary is authorized to
make grants to eligible local educational agencies serving
an urban area or State educational agencies in the case
where the State educational agency is the local educational
agency for activities designed to assist in local school im-
provement efforts and school reform, and to assist the
schools of such agencies in meeting the National Education
Goals.
‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this sec-
tion may be used to—
‘‘(1) increase academic achievement or urban
school children;
782
‘‘(2) ensure the readiness of urban children for
school;
‘‘(3) increase the graduation rates of urban stu-
dents;
‘‘(4) prepare urban school graduates to enter
higher education, pursue careers, and exercise their
responsibilities as citizens;
‘‘(5) recruit and retain qualified teachers, par-
ticularly minority teachers and teachers specializing
in areas of critical shortage;
‘‘(6) provide for ongoing staff development to in-
crease the professional capacities of the teaching staff
and the skills of teacher aides and paraprofessionals;
‘‘(7) decrease the use of drugs and alcohol among
urban students and to ensure the physical and emo-
tional well-being of such students in a bias-free school
environment;
‘‘(8) coordinate and collaborate with parents, the
community, the private sector, and with other service
providers and programs;
‘‘(9) acquire and improve access to educational
technology; and
‘‘(10) assist the schools most in need of services
by replicating successful efforts of other urban local
783
educational agencies and expanding successful pro-
grams within the eligible agency.
‘‘(c) GENERAL PROVISIONS.—An eligible local edu-
cational agency desiring to receive a grant under this sec-
tion shall submit an application to the Secretary at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require, consistent
with this section.
‘‘(d) DEFINITIONS.—Except as otherwise provided, for
the purposes of this part—
‘‘(1) CENTRAL CITY.—The term ‘central city’ has
the same meaning as that used by the United States
Census Bureau.
‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—
The term ‘eligible local educational agency’ means a
local educational agency which—
‘‘(A) serves the largest central city in a
State;
‘‘(B) enrolls more than 30,000 students and
serves a central city with a population of at least
200,000 in a metropolitan statistical area; or
‘‘(C) enrolls between 25,000 and 30,000 stu-
dents and serves a central city with a population
of at least 140,000 in a metropolitan statistical
area.
784
‘‘(3) METROPOLITAN
STATISTICAL
AREA.—The
term ‘metropolitan statistical area’ has the same
meaning as that used by the United States Census
Bureau.
‘‘SEC. 12004. RESEARCH AND EVALUATION GRANTS.
‘‘The Secretary is authorized to make grants and enter
into contracts with eligible local educational agencies, and
institutions of higher education jointly with eligible local
educational agencies to conduct research and evaluate pro-
grams for improving and reforming the Nation’s urban
schools.
‘‘SEC. 12005. USE OF FUNDS.
‘‘Funds allotted to eligible local educational agencies
and institutions of higher education under section 12004
may be used for—
‘‘(1) collaborative and coordinated research and
evaluation of educational techniques or approaches
used in multiple eligible local educational agencies;
‘‘(2) evaluation of projects assisted under title I;
‘‘(3) collection and dissemination of information
on successful projects and approaches assisted under
title I;
‘‘(4) design and implementation of extension
service programs to allow an eligible local educational
agency to provide technical assistance to individual
785
schools and teachers involved in projects assisted
under title I;
‘‘(5) provision of data and information manage-
ment services to individual schools assisted under title
I;
‘‘(6) provision of staff training in schools as-
sisted under title I;
‘‘(7) evaluation of progress made by eligible local
educational agencies assisted under this Act in meet-
ing national education goals;
‘‘(8) provision of staff training in test interpre-
tation and use for diagnostic purposes;
‘‘(9) provision of information to parents on test
results and test interpretation;
‘‘(10) provision of technology and training in its
research and evaluation uses;
‘‘(11) development of assessment tools of students
in individualized instruction;
‘‘(12) research on school policies and practices
which may be barriers to the success of students in
school; and
‘‘(13) development and testing of new multiple,
alternative assessments of student progress toward the
national education goals which are race and gender
786
bias-free and sensitive to limited-English proficient
and disabled students.
‘‘SEC. 12006. AUGUSTUS F. HAWKINS NATIONAL COMMIS-
SION ON URBAN EDUCATION.
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Commission on Urban Education (in this Act re-
ferred to as the ‘Commission’).
‘‘(b) MEMBERSHIP.—
‘‘(1) IN
GENERAL.—The Commission shall be
composed of 12 members as follows:
‘‘(A) 4 of the Members shall be appointed by
the President.
‘‘(B) 4 of the Members shall be appointed by
the Speaker of the House, including 2 Members
of the House, of which 1 shall be from each polit-
ical party.
‘‘(C) 4 of the members shall be appointed by
the President pro tempore of the Senate, includ-
ing 2 Members of the Senate, of which 1 shall be
from each political party.
‘‘(2) CHAIRPERSON.—The Chairperson of the
Commission shall be elected by the members of the
Commission and shall continue to serve for the dura-
tion of the Commission.
787
‘‘(3) VACANCIES.—Any vacancy in the Commis-
sion shall be filled in the same manner as the original
appointment.
‘‘(c) DUTIES.—The Commission shall study the follow-
ing issues:
‘‘(1) 
DEMOGRAPHIC
CHANGES.—Demographic
changes in student enrollment and classroom teachers
in the 10-year period prior to the date of enactment
of this Act.
‘‘(2) SPECIAL
NEEDS.—Numbers and types of
special needs of students in urban schools.
‘‘(3) UNSERVED OR UNDERSERVED STUDENTS.—
Number of unserved or underserved students in urban
schools eligible for assistance under the Head Start
Act, chapter 1 of title 1 of the Elementary and Sec-
ondary Education Act of 1965, School Dropout Dem-
onstration Assistance Act of 1988, Drug Free Schools
and Communities Act of 1986. Carl D. Perkins Voca-
tional and Applied Technology Education Act, Edu-
cation of the Handicapped Act and other Federal pro-
grams.
‘‘(4) STUDENT
PERFORMANCE.—Program and
management efforts in urban schools designed to en-
hance student performance, and reasons for the effec-
tiveness of such efforts.
788
‘‘(5) FINANCIAL
SUPPORT.—Financial support
and funding needs of urban schools from local, State,
and Federal sources.
‘‘(6) COLLABORATE EFFORTS.—Collaborative ef-
forts and programs between urban schools, the private
sector, and community groups.
‘‘(7) SUPPLY NEEDS.—Supply needs for teachers
in urban schools in the 10-year period beginning on
the date of enactment of this Act.
‘‘(d) REPORTS.—
‘‘(1) IN GENERAL.—The Commission shall sub-
mit a report that includes recommendations to the
President and to the appropriate committees of the
Congress on the findings of the study required by this
section. The report shall be submitted as soon as prac-
ticable.
‘‘(2) PROPOSAL FOR CHANGES IN FEDERAL LEG-
ISLATION.—The report submitted under this section
shall include proposals for changes in Federal legisla-
tion.
‘‘(e) STAFF.—Such personnel as the Commission deems
necessary may be appointed by the Commission without re-
gard to the provisions of title 5, United States Code, govern-
ing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
789
subtitle III of chapter 53 of such title relating to classifica-
tion and General Schedule pay rates, but no individual so
appointed shall be paid in excess of the rate of basic pay
for level III of the Executive Schedule.
‘‘(f) COMPENSATION.—
‘‘(1) IN GENERAL.—Members of the Commission
who are officers or full-time employees of the United
States shall receive no additional pay, allowances, or
benefits by reason of their service on the Commission.
‘‘(2) TRAVEL EXPENSES.—Each member shall re-
ceive travel expenses, including per diem in lieu of
subsistence, as authorized by section 5702 and 5703
of title 5, United States Code.
‘‘(3) SPECIAL RULE.—Members of the Commis-
sion who are not officers or full-time employees of the
United States may receive a per diem and travel al-
lowance as is provided by the United States Code for
persons in the Government service employed intermit-
tently.
‘‘(g) ADMINISTRATION.—
‘‘(1) IN GENERAL.—The Commission or, on the
authorization of the Commission, any committee
thereof, may, for the purpose of carrying out the pro-
visions of this section, hold such hearings and site
and act at such times and such places within the
790
United States as the Commission or such committee
considers advisable.
‘‘(2) CONSULTATION.—In carrying out its duties
under this section, the Commission shall consult with
other Federal agencies, representatives of State and
local governments, and private organizations to the
extent feasible.
‘‘(3) INFORMATION.—The Commission may se-
cure directly from any department or agency of the
United States information necessary to enable it to
carry out this section. Upon request of the Chair-
person of the Commission, the head of such depart-
ment or agency shall furnish that information to the
Commission.
‘‘(4) CONTRACTS.—The Commission is author-
ized to enter into contracts to secure the necessary
data and information to conduct its work and to ob-
tain the services of experts and consultants.
‘‘(5) COOPERATION.—The heads of all Federal
agencies are, to the extent practicable, directed to co-
operate with the Commission in carrying out this
section.
‘‘(6) SPECIAL
RULE.—The Commission is au-
thorized to utilize, with the consent of such agencies,
the services, personnel, information, and facilities of
791
other Federal, State, local, and private agencies with
or without reimbursement.
‘‘(h) TERMINATION.—The Commission shall terminate
3 years after the date of its first meeting.
‘‘SEC. 12007. EVALUATION.
‘‘The Secretary is authorized directly, or through
grants or contracts to evaluate the programs and activities
funded under this title, broadly disseminate such informa-
tion to other school districts, and to report the results of
such evaluation to the Education and Labor Committee of
the House of Representatives and the Labor and Human
Resources Committee of the Senate.
‘‘PART B—RURAL EDUCATION DEMONSTRATION
GRANTS
‘‘SEC. 12101. FINDINGS.
‘‘The Congress finds that—
‘‘(1) rural schools are essential to national efforts
to meet the National Education Goals;
‘‘(2) approximately 60 percent of the Nation’s
public school districts are rural, with populations of
less than 2,500;
‘‘(3) about 1 out of every 4 of America’s rural
school children are living below the poverty level;
792
‘‘(4) the quality of public education in rural
areas has a direct effect on the economic development
of our country’s rural communities;
‘‘(5) the academic performance of students in the
average rural school system is below that of students
in most other suburban school systems;
‘‘(6) the average age of rural public school build-
ings is more than 45 years old, creating poor and de-
moralizing working and learning conditions;
‘‘(7) shortages of teachers for rural school systems
is greater than in other kinds of school systems;
‘‘(8) solving the challenges facing the Nation’s
rural schools will require the concerted and collabo-
rative efforts of all levels of government and all sectors
of the education community; and
‘‘(9) additional Federal funding would contrib-
ute significantly to addressing the comprehensive
needs of rural schools.
‘‘SEC. 12102. STATEMENT OF PURPOSE.
‘‘It is the purpose of this part to provide financial as-
sistance to rural schools to encourage innovative school re-
form programs, the enhanced use of telecommunications
technology for learning, and inservice training and teacher
recruitment initiatives in cooperation with institutions of
793
higher education designed to augment local school improve-
ment activities.
‘‘SEC. 12103. RURAL SCHOOL GRANTS.
‘‘(a) AUTHORITY.—The Secretary is authorized to
make grants to local education agencies serving rural areas
or State educational agencies in the case where the State
educational agency is the local educational agency for ac-
tivities designed to assist in local school improvement
efforts.
‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this
title may be used to—
‘‘(1) assist rural schools in meeting National
Education goals and undertaking local school im-
provement initiatives;
‘‘(2) develop pilot projects that experiment with
innovative ways to teach rural public school children
more effectively;
‘‘(3) encourage rural school consortia for the pur-
pose of increasing efficiency and course offerings;
‘‘(4) provide meaningful inservice training op-
portunities for rural public school teachers; and
‘‘(5) assist rural schools in acquiring and im-
proving access to educational technology, including
distance learning technologies.
794
‘‘(c) GENERAL PROVISIONS.—Each eligible entity de-
siring a grant under this title shall submit an application
to the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may reason-
ably require. Awards made by the Secretary shall be of suf-
ficient size and scope to achieve significant rural school
improvement.
‘‘SEC. 12104. HIGHER EDUCATION GRANTS.
‘‘(a) GRANTS.—The Secretary is authorized to make
grants to institutions of higher education, consortia of such
institutions, or partnerships between institutions of higher
education and local education agencies to assist rural
schools and local education agencies serving rural areas in
undertaking local school improvement activities.
‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this sec-
tion may be used to—
‘‘(1) assist rural schools in meeting National
Education Goals;
‘‘(2) assist in the recruitment and training of
teachers in rural schools;
‘‘(3) assist rural schools in the development of
appropriate innovative school improvement initia-
tives;
‘‘(4) provide inservice training opportunities for
teachers in rural schools; and
795
‘‘(5) provide technical assistance in the use and
installation of innovative telecommunications tech-
nology.
‘‘(c) GENERAL PROVISIONS.—Each eligible entity de-
siring a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
‘‘SEC. 12105. NATIONAL COMMISSION ON RURAL EDU-
CATION.
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Commission on Rural Education.
‘‘(b) MEMBERSHIP.—The Commission shall be com-
posed of 12 members, 4 of whom shall be appointed by the
President of the United States, 4 of whom shall be ap-
pointed by the Speaker of the House upon the recommenda-
tion of the majority leader and the minority leader, and
4 of whom shall be appointed by the President pro tempore
of the Senate upon the recommendation of the majority
leader and the minority leader. A majority of the members
of the Commission shall be individuals involved in rural
education, with at least 2 individuals involved in rural
postsecondary education. The Chair of the Commission shall
be elected by the President from among his 4 appointees
and shall continue to serve during the duration of the Com-
796
mission. Vacancies in the Commission shall be filled in the
same manner as the original appointment.
‘‘(c) STUDIES.—The Commission shall conduct a full
and complete study on the State of rural education in
America. Included in this analysis should be the impact
of demographic changes in rural schools, the special needs
of these schools, the current and future teacher needs of these
schools, the effectiveness of existing Federal education pro-
grams in meeting the needs of these schools, the adequacy
of financial support for these schools, and any other issues
that the Commission deems to be important and essential
for a complete and exhaustive examination of the state and
condition of rural schools in America.
‘‘(d) STAFF.—The Commission may appoint such staff
as may be necessary by the Chair without regard to the
provisions of title 5, United States Code, governing ap-
pointments in the competitive service, and may pay such
staff without regard to the provisions of chapter 51 of sub-
chapter III of chapter 53 of such title relating to classifica-
tion and General Schedule pay rates, but no individual so
appointed shall be paid in excess of the rate authorized for
GS–18 of the General Schedule.
‘‘(e) COMPENSATION AND EXPENSES.—(1) Members of
the Commission who are officers or full-time employees of
the United States shall serve without compensation in addi-
797
tion to that received for their services as officers and em-
ployees of the United States. Such members may be allowed
travel expenses and per diem in lieu of subsistence, as au-
thorized by section 5703 of title 5, United States Code.
‘‘(2) Members of the Commission who are not officers
or full-time employees of the United States may each receive
per diem and travel allowance as is provided by the United
States Code for persons in the Government service employed
intermittently.
‘‘(f) ADMINISTRATION.—(1) The Commission may or-
ganize itself in whatever manner is most appropriate for
the conduct of its activities. It may hold such hearings and
act at such time and such places within the United States
as it may consider advisable. In carrying out its duties,
the Commission may consult with other Federal agencies,
representatives of State and local governments, and private
organizations to the extent feasible.
‘‘(2) The Commission is authorized to secure directly
from any executive department, bureau, agency, board,
commission, office, independent establishment, or instru-
mentality, information, suggestions, estimates, and statis-
tics for the purpose of this section, and each such depart-
ment, bureau, agency, board, commission, office, independ-
ent establishment, or instrumentality is authorized and di-
rected, to the extent permitted by law, to furnish such infor-
798
mation, suggestions, estimates, and statistics directly to the
Commission, upon request by the Chair.
‘‘(3) The Commission may enter into contracts for the
acquisition of information, suggestions, estimates, and sta-
tistics for the purpose of this section. The Commission is
authorized to obtain the services of experts and consultants
without regard to section 3109 of title 5, United States
Code, and to set pay in accordance with such section.
‘‘(4) The head of such Federal agency shall, to the ex-
tent not prohibited by law, cooperate with the Commission
in carrying out this section. The Commission is authorized
to utilize, with their consent, the services, personnel, infor-
mation, and facilities of other Federal, State, local, and pri-
vate agencies with or without reimbursement.
‘‘(g) FINAL REPORT.—The Commission shall report to
Congress its findings not later than 3 years after the date
of enactment of this Act. Such report may include legisla-
tive recommendations. The Commission may make what-
ever interim reports to Congress that it deems necessary.’’.
799
TITLE II—AMENDMENTS TO THE
GENERAL EDUCATION PROVI-
SIONS ACT
PART A—APPLICABILITY OF THE GENERAL
EDUCATION PROVISIONS ACT
SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.
Section 400 of the General Education Provisions Act
(20 U.S.C. 1221 et seq.; referred to in this title as ‘‘the Act’’)
is amended to read as follows:
‘‘TITLE; APPLICABILITY; DEFINITIONS
‘‘SEC. 400. (a) This title may be cited as the ‘General
Education Provisions Act’.
‘‘(b)(1) Except as otherwise provided, this title applies
to each applicable program of the Department of Education.
‘‘(2) Except as otherwise provided, this title does not
apply to any contract made by the Department of
Education.
‘‘(c) As used in this title, the following terms have the
following meanings:
‘‘(1) The term ‘applicable program’ means any
program for which the Secretary or the Department
has administrative responsibility as provided by law
or by delegation of authority pursuant to law. The
term includes each program for which the Secretary
or the Department has administrative responsibility
800
under the Department of Education Organization Act
or under statutes effective after the effective date of
that Act.
‘‘(2) The term ‘applicable statute’ means—
‘‘(A) the Act or the title, part, section, or
any other subdivision of an Act, as the case may
be, that authorizes the appropriation for an ap-
plicable program;
‘‘(B) this title; and
‘‘(C) any other statute that by its terms ex-
pressly controls the administration of an appli-
cable program.
‘‘(3) The term ‘Department’ means the Depart-
ment of Education.
‘‘(4) The term ‘Secretary’ means the Secretary of
Education.
‘‘(d) Nothing in this title shall be construed to affect
the applicability of title VI of the Civil Rights Act of 1964,
title IX of the Education Amendments of 1972, title V of
the Rehabilitation Act of 1973, the Age Discrimination Act,
or other statutes prohibiting discrimination, to any appli-
cable program.’’.
SEC. 212. REPEAL AND REDESIGNATION.
(a) The following provisions of the Act are repealed:
801
(1) Sections 400A, 401, 402, 405, 406, 406A,
406B, 406C, 407, 413, 416, 419, 421, 423, 424, 426A,
and 429; and
(2) part D.
(b) Sections 403, 408, 409, 411, 412, 414, 415, 417,
420, 421A, 422, 425, 426, 427, 428, 430, 431, 432, 433,
434, 435, 436, 437, 438, 439, and 440 are redesignated as
401, 410, 411, 420, 421, 422, 423, 425, 426, 430, 431, 432,
433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444,
445, and 446 respectively.
(c) Part E is redesignated as part D.
PART B—THE DEPARTMENT OF
EDUCATION
SEC. 221. NEW HEADING FOR PART A.
The heading for part A of the Act is amended to read
as follows:
‘‘PART A—FUNCTIONS OF THE DEPARTMENT OF
EDUCATION’’.
SEC. 222. OFFICE OF NON-PUBLIC EDUCATION.
Section 401 of the Act (as redesignated) is amended
by—
(1) striking the heading of such section and in-
serting the following new heading:
‘‘OFFICE OF NON-PUBLIC EDUCATION’’.
(2) striking subsections (a), (b), and (c); and
802
(3) striking ‘‘(d)(1) There’’ and inserting ‘‘SEC.
401 (1) There’’.
SEC. 223. GENERAL AUTHORITY OF THE SECRETARY.
Section 410 of the Act (as redesignated) is amended
to read as follows:
‘‘GENERAL AUTHORITY OF THE SECRETARY
‘‘SEC. 410. The Secretary, in order to carry out func-
tions otherwise vested by law or by delegation of authority
pursuant to law, and subject to limitations as may be other-
wise imposed by law, is authorized to make, promulgate,
issue, rescind, and amend rules and regulations governing
the manner of operation of, and governing the applicable
programs administered by, the Department.’’.
SEC. 224. COORDINATION.
The Act is amended by inserting the following new sec-
tion 412:
‘‘COORDINATION
‘‘SEC. 412. The Advisory Council on Education Statis-
tics, the National Education Goals Panel, the National
Education Statistics and Improvement Council, and any
other Board established to analyze, address, or approve
standards and assessments shall coordinate and interact
with one another in order to ensure that each entity does
not duplicate activities to assist States in their efforts to
reform their educational systems.’’.
803
PART C—APPROPRIATIONS AND
EVALUATIONS
SEC. 230. FORWARD FUNDING.
Section 420 of the Act (as redesignated) is amended
to read as follows:
‘‘FORWARD FUNDING
‘‘SEC. 420. (a) To the end of affording the responsible
State, local, and Federal officers adequate notice of avail-
able Federal financial assistance for carrying out ongoing
education activities and projects, appropriations for grants,
contracts, or other payments under any applicable program
are authorized to be included in the appropriations Act for
the fiscal year preceding the fiscal year during which such
activities and projects shall be carried out.
‘‘(b) In order to effect a transition to the timing of
appropriation action authorized by subsection (a), the ap-
plication of this section may result in the enactment, in
a fiscal year, of separate appropriations for an applicable
program (whether in the same appropriations Act or other-
wise) for 2 consecutive fiscal years.’’.
SEC. 231. AVAILABILITY OF APPROPRIATIONS.
(a) The heading for section 421 of the Act (as redesig-
nated) is amended to read as follows: ‘‘AVAILABILITY OF AP-
PROPRIATIONS ON ACADEMIC OR SCHOOL-YEAR BASIS; ADDI-
TIONAL PERIOD FOR EXPENDITURE OF FUNDS’’.
804
(b) Section 421 of the Act (as redesignated) is further
amended—
(1) in subsection (b) by striking ‘‘(b) Notwith-
standing’’ and inserting ‘‘(b)(1) Notwithstanding’’;
and
(2) in subsection (c) by striking ‘‘section
3679(d)(2) of the Revised Statutes’’ and inserting
‘‘section 1341(a) of title 31 of the United States
Code’’.
SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.
Section 422 of the Act (as redesignated) is amended
to read as follows:
‘‘CONTINGENT EXTENSION OF PROGRAMS
‘‘SEC. 422. (a) The authorization of appropriations
for, or duration of, an applicable program shall be auto-
matically extended for one additional fiscal year unless
Congress, in the regular session that ends prior to the begin-
ning of the terminal fiscal year of such authorization or
duration, has passed legislation that becomes law and ex-
tends or repeals the authorization or duration of such pro-
gram.
‘‘(b) The amount authorized to be appropriated for the
period of automatic extension of an applicable program
under subsection (a) shall be the amount that was author-
ized to be appropriated for that program during its termi-
nal fiscal year.
805
‘‘(c) During the period of automatic extension of an
applicable program under subsection (a), the Secretary
shall administer such program, including the performance
of all required acts and determinations, in the same manner
required in the termination fiscal year by the applicable
statute.
‘‘(d) This section shall not apply to the authorization
of appropriations for a commission, council or committee
which is required by an applicable statute to terminate on
a date certain.’’.
SEC. 233. STATE REPORTS.
Subpart 2 of part B of the Act is amended by inserting
the following new section 424 at the beginning of such sub-
part.
‘‘RESPONSIBILITY OF STATES TO FURNISH INFORMATION
‘‘SEC. 424. (a) Each State educational agency shall
submit to the Secretary a report on or before March 15 of
every second year. Each such report shall include—
‘‘(1) information with respect to the uses of Fed-
eral funds in such State in the 2 preceding fiscal
years under any applicable program under the juris-
diction of the State educational agency; and
‘‘(2) information with respect to the uses of Fed-
eral funds in such State in the 2 preceding fiscal
years under any Federal program administered by
806
the State that provided grants or contracts to a local
educational agency in the State.
‘‘(b) Each report submitted as required by subsection
(a) shall—
‘‘(1) list, with respect to each program for which
information is provided, all grants made to and con-
tracts entered into with local educational agencies
and other public and private agencies and institu-
tions within the State during each fiscal year con-
cerned;
‘‘(2) analyze the information included in the re-
port by local educational agency and by program;
‘‘(3) include the total amount of funds available
to the State under each such program for each fiscal
year concerned; and
‘‘(4) be made readily available by the State to
local educational agencies and institutions within the
State and to the public.
‘‘(c) If the Secretary does not receive a report by the
date required under subsection (a), or receives an incom-
plete report, the Secretary, not later than 30 days after such
report is required to be submitted, shall take all reasonable
measures to obtain the delinquent or incomplete informa-
tion from the State educational agency.
807
‘‘(d) When the Secretary receives a report required
under subsection (a), the Secretary shall provide such infor-
mation to the National Center for Education Statistics, and
shall make such information available, at a reasonable cost,
to any individual who requests it.
‘‘(e) The Secretary shall consult with the Speaker and
Minority Leader of the House of Representatives and the
Majority and Minority Leaders of the Senate regarding the
costs and feasibility of making the information described
in subsection (a) available as part of a telecommunications
network that is readily accessible to every member of Con-
gress and other interested parties.
‘‘(f) On or before August 15th of each year in which
reports are submitted under subsection (a), the Secretary
shall submit a report to the Committee on Education and
Labor of the House of Representatives and the Committee
on Labor and Human Resources of the Senate. Such report
shall include—
‘‘(1) an analysis of the content and data quality
of such reports;
‘‘(2) a compilation of statistical data derived
from such reports; and
‘‘(3) information obtained by the Secretary with
respect to—
808
‘‘(A) direct grants made to local educational
agencies by the Federal Government; and
‘‘(B) contracts entered into between such
agencies and the Federal Government.’’.
SEC. 234. BIENNIAL EVALUATION REPORT.
Section 425 of the Act (as redesignated) is amended
to read as follows:
‘‘BIENNIAL EVALUATION REPORT
‘‘SEC. 425. Not later than March 31 of each second
year beginning with 1995, the Secretary shall transmit to
the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate an evaluation report on the effec-
tiveness of applicable programs during the two preceding
fiscal years in achieving their legislated purposes. Such re-
port shall—
‘‘(1) contain program profiles that include legis-
lative citations, multi-year funding histories, and leg-
islated purposes;
‘‘(2) contain recent evaluation information on
the progress being made toward the achievement of
program objectives, including listings of program per-
formance indicators, data from performance measure-
ment based on the indicators, evaluation information
on the costs and benefits of the applicable programs
being evaluated.
809
‘‘(3) contain selected significant program activi-
ties, such as initiatives for program improvement,
regulations, and program monitoring and evaluation;
‘‘(4) list the principal analyses and studies sup-
porting the major conclusions in such report; and
‘‘(5) be prepared in concise summary form with
necessary detailed data and appendices, including
available data to indicate the effectiveness of the pro-
grams and projects by the race, sex, disability and
age of their beneficiaries.’’.
SEC. 235. TECHNICAL AMENDMENT.
(a) Section 423 of the Act (as redesignated) is amended
by striking ‘‘Commissioner’’ and inserting ‘‘Secretary’’.
(b) Section 426 of the Act (as redesignated) is amended
by—
(1) striking ‘‘title I of’’ and all that follows
through ‘‘Congress)’’ and inserting ‘‘title VIII of the
Elementary and Secondary Education Act of 1965’’;
and
(2) striking ‘‘subparagraph (C) of section 3(d)(2)
or section 403(1)(C)’’ and inserting in lieu thereof
‘‘sections 8003(c) or residing on property described in
section 8012(4)(B)(ii)’’.
810
SEC. 236. COORDINATION.
The National Assessment Governing Board, the Advi-
sory Council on Statistics, the National Education Goals
Panel, the National Education Statistics and Improvement
Council, and any other Board established to analyze, ad-
dress, or approve standards and assessments shall coordi-
nate and interact with one another in order to ensure that
each entity does not duplicate activities to assist States in
their efforts to reform their educational systems.
PART D—ADMINISTRATION OF
EDUCATION PROGRAMS
SEC. 241. JOINT FUNDING OF PROGRAMS.
Section 430 of the Act (as redesignated) is amended
to read as follows:
‘‘JOINT FUNDING OF PROGRAMS
‘‘SEC. 430. (a)(1) The Secretary is authorized to enter
into arrangements with other Federal agencies to jointly
carry out projects of common interest, to transfer to such
agencies funds appropriated under any applicable pro-
gram, and to receive and use funds from such agencies, for
projects of common interest.
‘‘(2) Funds so transferred or received shall be used only
in accordance with the statutes authorizing the appropria-
tion of such funds, and shall be made available by contract
or grant only to recipients eligible to receive such funds
under such statutes.
811
‘‘(3) If the Secretary enters into an agreement under
this subsection for the administration of a project, the agen-
cy administering the project shall use its procedures to
award contracts or grants and to administer such awards,
unless the parties to the agreement specify the use of proce-
dures of another agency that is a party to the agreement.
‘‘(4) If the Secretary has entered into an agreement
authorized under subsection (a) of this section and the Sec-
retary and the heads of the other agencies participating in
the agreement determine that joint funding is necessary to
address a special need consistent with the purposes and
authorized activities of each program that provides funding,
the Secretary and the heads of the other participating agen-
cies may develop a single set of criteria for jointly funded
projects and require each applicant for those projects to sub-
mit a single application for review by the participating
agencies.
‘‘(b) The Secretary may develop the criteria for, and
require the submission of, joint applications under two or
more applicable programs under which awards are made
on a competitive basis, and may jointly review and approve
such applications separately from other applications under
such programs, when the Secretary determines that such
joint awards are necessary to address a special need consist-
ent with the purposes and authorized activities of each such
812
program. An applicant for such a joint award must meet
the eligibility requirements of each such program.
‘‘(c) The Secretary may not construe the provisions of
this section to take precedence over a limitation on joint
funding contained in an applicable statute.
‘‘(d)(1) The Secretary shall provide notice to the Com-
mittee on Education and Labor of the House of Representa-
tives and to the Committee on Labor and Human Resources
of the Senate of each joint funding agreement made with
other Federal agencies not later than 60 days following the
making of such agreements.
‘‘(2) Such notice shall include—
‘‘(A) a description of the purpose and objectives
of the joint funding arrangement;
‘‘(B) the amounts and sources, by program, of
the funds dedicated to such arrangement; and
‘‘(C) the criteria developed to govern the award
of contracts and grants.’’.
SEC. 242. COLLECTION AND DISSEMINATION OF INFORMA-
TION.
Section 431 of the Act (as redesignated) is amended
by—
(1) striking ‘‘(a) The Commissioner’’ and insert-
ing ‘‘The Secretary’’;
(2) inserting ‘‘and’’ at the end of paragraph (2);
813
(3) striking ‘‘; and’’ at the end of paragraph (3)
and inserting ‘‘.’’; and
(4) striking paragraph (4) and subsections (b)
and (c).
SEC. 243. REVIEW OF APPLICATIONS.
(a) Section 432 of the Act (as redesignated) is amend-
ed—
(1) in subsection (a)—
(A) by striking ‘‘Commissioner’’ and insert-
ing ‘‘Secretary’’;
(B) by striking ‘‘and in the case of the pro-
gram provided for in title I of the Elementary
and Secondary Education Act of 1965,’’;
(C) in the third sentence thereof, by insert-
ing a comma after ‘‘the hearing’’; and
(D) in the fourth sentence thereof—
(i) by striking the comma after ‘‘guide-
lines’’; and
(ii) by inserting a comma after ‘‘pro-
gram’’;
(2) in subsection (b), by striking ‘‘Commis-
sioner’’ each place it appears and inserting ‘‘Sec-
retary’’; and
(3) in subsection (d), by striking ‘‘Commis-
sioner’’ each time it appears and inserting ‘‘Sec-
814
retary’’ and by inserting before the period ‘‘or issue
such other orders as the Secretary may deem appro-
priate to achieve such compliance’’.
(b) All statistics and other data collection and analysis
reported under this section shall, whenever feasible, be col-
lected cross-tabulated, analyzed, and reported by sex within
race or ethnicity and socioeconomic status. In the event that
the Secretary determines that such statistics or data collec-
tion and analysis reveals no significant differences among
such categories, the Secretary shall include in the relevant
report incorporating such statistics or data an explanation
of such determination.
SEC. 244. TECHNICAL AMENDMENT.
Section 434 of the Act (as redesignated) is amended
in the first sentence by striking ‘‘the Commissioner’’ and
‘‘he’’ and inserting ‘‘the Secretary’’ in lieu of each.
SEC. 245. USE OF FUNDS WITHHELD.
Section 435 of the Act (as redesignated) is amended
to read as follows:
‘‘USE OF FUNDS WITHHELD
‘‘SEC. 435. (a) At any time that the Secretary makes
an allotment or reallotment to any State under any appli-
cable program, the Secretary shall reduce such allotment or
reallotment by such amount as the Secretary determines
such allotment or reallotment would have been reduced, had
the data on which the allotment or reallotment is based ex-
815
cluded all data relating to local educational agencies of the
State that, on the date of the Secretary’s action, are ineli-
gible to receive the Federal financial assistance involved be-
cause of failure to comply with title VI of the Civil Rights
Act of 1964, title IX of the Education Amendments of 1972,
section 504 of the Rehabilitation Act of 1973, or the Age
Discrimination Act of 1975.
‘‘(b) The Secretary may use any funds withheld under
subsection (a)—
‘‘(1) to increase the allotments of other local edu-
cational agencies within the State, or the allotments
of all States, in accordance with the statutes govern-
ing the program; or
‘‘(2) for grants to local educational agencies of
that State in accordance with section 405 of the Civil
Rights Act of 1964, or for any other program admin-
istered by the Department that is designed to enhance
equity in education or redress discrimination on the
basis of race, color, national origin, sex, age, or
disability.’’.
SEC. 246. APPLICATIONS.
Section 436 of the Act (as redesignated) is amended
by striking ‘‘for three fiscal years’’ and inserting ‘‘for more
than one fiscal year’’.
816
SEC. 247. REGULATIONS.
Section 437 of the Act (as redesignated) is amended—
(1) in the heading by striking ‘‘: REQUIREMENTS
AND ENFORCEMENT’’;
(2) in subsection (a) by—
(A) striking, in paragraph (1), ‘‘Commis-
sioner’’ and inserting ‘‘Secretary’’; and
(B) striking, in paragraph (2), ‘‘Depart-
ment of Health, Education, and Welfare or the
Office of Education, or by an official of such
agencies’’ and inserting ‘‘Secretary’’;
(3) in subsection (b) by—
(A) striking ‘‘Commissioner’’ each place it
appears and inserting ‘‘Secretary’’; and
(B) striking the last sentence of paragraph
(2)(B);
(4) in subsection (d) by—
(A) striking, in paragraph (1)—
(i) in the second sentence, ‘‘trans-
mission unless the Congress shall, by con-
current resolution, find that the final regu-
lation is inconsistent with the Act from
which it derives its authority, and dis-
approve such final regulation, in whole or
in part’’ and insert ‘‘transmission’’;
(ii) the last sentence; and
817
(iii) ‘‘(1)’’;
(B) striking paragraph (2);
(5) by striking subsections (e) and (f); and
(6) in subsection (g), by striking ‘‘Commis-
sioner’’ each place it appears and inserting ‘‘Sec-
retary’’.
SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIRE-
MENTS.
Section 443 of the Act (as redesignated) is amended—
(1) in subsection (a)—
(A) by striking out ‘‘grant, subgrant, con-
tract, subcontract, loan, or other arrangement
(other than procurement contracts awarded by
an administrative head of an educational agen-
cy)’’ and inserting in lieu thereof ‘‘grant,
subgrant, cooperative agreement, loan or other
agreement’’;
(B) 
by 
inserting 
‘‘financial 
or 
pro-
grammatic’’ immediately before ‘‘audit.’’; and
(C) by striking ‘‘five’’ in the last sentence
and inserting ‘‘three’’; and
(2) in subsection (b), by striking out ‘‘to any
records of a recipient which may be related, or perti-
nent to, the grants, subgrants, contracts, subcontracts,
loans, or other arrangements’’ and inserting in lieu
818
thereof ‘‘to any records currently maintained by a re-
cipient that may be related, or pertinent to, grants,
subgrants, cooperative agreements, loans, or other ar-
rangements’’.
SEC. 249. RELEASE OF RECORDS.
Section 444(b)(1)(E) of the Act (as redesignated) is
amended to read as follows:
‘‘(E) State and local officials or authorities to
whom such information is specifically allowed to be
reported or disclosed pursuant to State statute adopt-
ed—
‘‘(i) before November 19, 1974, if the al-
lowed reporting or disclosure concerns the juve-
nile justice system and its ability to effectively
serve the student whose records are released, or
‘‘(ii) after November 19, 1974, if—
‘‘(I) the allowed reporting or disclosure
concerns the juvenile justice system and its
ability to effectively serve the student whose
records are released, and
‘‘(II) the officials and authorities to
whom such information is disclosed certify
in writing to the educational agency or in-
stitution that the information will not be
disclosed to any other party except as pro-
819
vided under State law without the prior
written consent of the parent.’’.
SEC. 250. PROTECTION OF PUPIL RIGHTS.
Section 445 of the Act (as redesignated) is amended
to read as follows:
‘‘PROTECTION OF PUPIL RIGHTS
‘‘SEC. 445. (a) All instructional materials, including
teacher’s manuals, films, tapes, or other supplementary ma-
terial which will be used in connection with any survey,
analysis, or evaluation as part of any applicable program
shall be available for inspection by the parents or guardians
of the children.
‘‘(b) No student shall be required, as part of any appli-
cable program, to submit to a survey, analysis, or evalua-
tion that reveals information concerning—
‘‘(1) political affiliations;
‘‘(2) mental and psychological problems poten-
tially embarrassing to the student or his family;
‘‘(3) sex behavior and attitudes;
‘‘(4) illegal, antisocial, self-incriminating, and
demeaning behavior;
‘‘(5) critical appraisals of other individuals with
whom respondents have close family relationships;
‘‘(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians,
and ministers; or
820
‘‘(7) income (other than that required by law to
determine eligibility for participation in a program
or for receiving financial assistance under such pro-
gram),
without the prior consent of the student (if the student is
an adult or emancipated minor), or in the case of an
unemancipated minor, without the prior written consent of
the parent.
‘‘(c) Educational agencies and institutions shall give
parents and students effective notice of their rights under
this section.
‘‘(d) The Secretary shall take such action as the Sec-
retary determines appropriate to enforce this section, except
that action to terminate assistance provided under an ap-
plicable program shall be taken only if the Secretary deter-
mines that—
‘‘(1) there has been a failure to comply with such
section; and
‘‘(2) compliance with such section cannot be se-
cured by voluntary means.
‘‘(e) The Secretary shall establish or designate an office
and review board within the Department of Education to
investigate, process, review, and adjudicate violations of the
rights established under this section.’’.
821
SEC. 251. ENFORCEMENT.
(a) Section 452 of the Act is amended—
(1) in the first sentence of paragraph (2) of sub-
section (a), by striking ‘‘stating’’ and all that follows
through the end of such sentence and inserting ‘‘estab-
lishing a prima facia case for the recovery of funds,
including an analysis reflecting the value of the pro-
gram services actually obtained in a determination of
harm to the federal interest.’’;
(2) in the first sentence of paragraph (1) of sub-
section (b), by striking ‘‘30’’ and inserting ‘‘60’’; and
(3) in subsection (d) by—
(A) striking ‘‘(d) Upon’’ and inserting
‘‘(d)(1) Upon’’;
(B) adding a new paragraph (2) as follows:
‘‘(2) During the conduct of such review, there shall not
be any ex parte contact between the Secretary and individ-
uals representing the Department or the recipient.’’.
(b) Section 459 of the Act is amended—
(1) in paragraph (1) of subsection (a) by strik-
ing ‘‘, and that the recipient is in all other respects
in compliance with the requirements of that pro-
gram’’; and
(2) subsection (c) is amended to read as follows:
‘‘(c) Notwithstanding any other provisions of law, the
funds made available under this section shall remain avail-
822
able for expenditure for a period of time deemed reasonable
by the Secretary, but in no case to exceed more than 3 fiscal
years following the later of—
‘‘(1) the fiscal year in which final agency action
under section 452(e) is taken; or
‘‘(2) if such recipient files a petition for judicial
review, the fiscal year in which final judical action
under section 458 is taken.’’.
SEC. 252. TECHNICAL AMENDMENTS.
(a) The heading for Part C of the Act is amended by
striking ‘‘COMMISSIONER OF EDUCATION’’ and inserting
‘‘SECRETARY’’.
(b) Section 434 of the Act (as redesignated) is amended
in the second sentence thereof, by inserting ‘‘is made’’ after
‘‘such determination’’.
(c) Section 436 of the Act (as redesignated) is amended
by striking ‘‘Commissioner’’ each place it appears and in-
serting ‘‘Secretary’’.
(d)(1) The heading of section 440 of the Act (as redesig-
nated) is amended by striking ‘‘EDUCATIONAL’’.
(2) Section 440 of the Act (as redesignated) is amend-
ed—
(A) by striking ‘‘Commissioner’’ each place it
appears and inserting ‘‘Secretary’’; and
823
(B) by inserting ‘‘(c)’’ before the last sentence
and by deleting ‘‘paragraph (3)’’ in such sentence and
inserting ‘‘subsection (b)(3)’’.
(e) Section 441 of the Act (as redesignated) is amend-
ed—
(1) by striking ‘‘Commissioner’’ each place it ap-
pears and inserting ‘‘Secretary’’; and
(2) in subsection (a)—
(A) by striking the comma after ‘‘submits a
plan’’; and
(B) by striking ‘‘(subject, in the case of pro-
grams under chapter 1 and chapter 2 of title I
of the Elementary and Secondary Education Act
of 1965, to the provisions of title V of such Act)’’.
(f) Section 442 of the Act (as redesignated) is amend-
ed—
(1) in subsection (a), by striking ‘‘that local edu-
cation agency’’ and inserting ‘‘that local educational
agency’’; and
(2) in subsection (b)—
(A) in paragraph (2), by inserting a
comma after ‘‘program’’;
(B) in paragraph (4), by striking ‘‘Commis-
sioner’’ each place it appears and inserting
‘‘Secretary’’; and
824
(C) in paragraph (7), by striking ‘‘handi-
capped individuals’’ and inserting ‘‘individuals
with disabilities’’.
(g) Section 444 of the Act (as redesignated) is amend-
ed—
(1) in subsection (a)(4)(B)(ii), by striking the
period at the end thereof and inserting a semicolon;
(2) in subsection (b)—
(A) in paragraph (1)(C), by striking ‘‘(iii)
an administrative head of an education agency
(as defined in section 408(c)), or (iv)’’ and in-
serting ‘‘or (iii)’’;
(B) in paragraph (1)(H), by striking
‘‘1954’’ and inserting ‘‘1986’’; and
(C) in paragraph (3)—
(i) by striking ‘‘(C) an administrative
head of an education agency or (D)’’ and
inserting ‘‘or (C)’’; and
(ii) by striking ‘‘education program’’
and inserting ‘‘education programs’’;
(3) in subsection (d), by inserting a comma after
‘‘education’’;
(4) in subsection (f)—
825
(A) by striking ‘‘The Secretary, or an ad-
ministrative head of an education agency,’’ and
inserting ‘‘The Secretary’’;
(B) by striking ‘‘provisions of’’ after ‘‘en-
force’’;
(C) by striking ‘‘according to the provisions
of’’ and inserting ‘‘in accordance with’’; and
(D) by striking ‘‘the provisions of’’ after
‘‘with’’; and
(5) in subsection (g)—
(A) by striking ‘‘Health, Education, and
Welfare’’ and inserting ‘‘Education’’; and
(B) by striking ‘‘the provisions of ’’.
SEC. 253. EQUITY FOR STUDENTS, TEACHERS, AND OTHER
PROGRAM BENEFICIARIES.
The Act is further amended by inserting after section
426 (as redesignated) a new section 427 to read as follows:
‘‘EQUITY FOR STUDENTS, TEACHERS, AND OTHER
PROGRAM BENEFICIARIES
‘‘SEC. 427. (a) The purpose of this section is to assist
the Department in implementing its mission to ensure
equal access to education and to promote educational excel-
lence throughout the Nation, by ensuring equal opportuni-
ties to participate for all eligible students, teachers, and
other program beneficiaries in any project or activity car-
826
ried out under an applicable program and promoting their
ability to meet high standards.
‘‘(b) The Secretary shall require each applicant for as-
sistance under an applicable program (other than an indi-
vidual) to develop and describe in its application the steps
it proposes to take to ensure equitable access to, and equi-
table participation in, the project or activity to be con-
ducted with such assistance, by addressing the special needs
of students, teachers, and other program beneficiaries in
order to overcome barriers to equitable participation, in-
cluding barriers based on gender, race, color, national ori-
gin, disability, and age.
‘‘(c) The Secretary may establish criteria and provide
technical assistance for meeting the requirements of this
section.
‘‘(d) Nothing in this section is intended to alter in any
way the rights or responsibilities established under the stat-
utes cited in section 400(d) of this Act.’’.
PART E—RELATED AMENDMENTS TO
OTHER ACTS
SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION ACT
The Department of Education Organization Act is
amended—
(1) by repealing sections 414 and 427;
827
(2) by redesignating sections 209, 210, 211, 212,
214, 215, 303, 304, 305, 306, 307, 415, 416, 417, 418,
419, 420, 421, 422, 423, 424, 425, 426, and 428 as
sections 208, 209, 210, 211, 212, 213, 302, 303, 304,
305, 306, 414, 415, 416, 417, 418, 419, 420, 421, 422,
423, 424, 425, and 426;
(3) the table of contents is amended to read as
follows:
‘‘TABLE OF CONTENTS
‘‘Sec. 1. Short title; table of contents.
‘‘TITLE I—GENERAL PROVISIONS
‘‘Sec. 101. Findings.
‘‘Sec. 102. Purposes.
‘‘Sec. 103. Federal-State Relationships.
‘‘Sec. 104. Definitions.
‘‘TITLE II—ESTABLISHMENT OF THE DEPARTMENT
‘‘Sec. 201. Establishment.
‘‘Sec. 202. Principal officers.
‘‘Sec. 203. Office for Civil Rights.
‘‘Sec. 204. Office of Elementary and Secondary Education.
‘‘Sec. 205. Office of Postsecondary Education.
‘‘Sec. 206. Office of Vocational and Adult Education.
‘‘Sec. 207. Office of Special Education and Rehabilitative Services.
‘‘Sec. 208. Office of Educational Research and Improvement.
‘‘Sec. 209. Office of Bilingual Education and Minority Languages Affairs.
‘‘Sec. 210. Office of General Counsel.
‘‘Sec. 211. Office of Inspector General.
‘‘Sec. 212. Office of Correctional Education.
‘‘Sec. 213. Federal Interagency Committee on Education.
‘‘TITLE III—TRANSFERS OF AGENCIES AND FUNCTIONS
‘‘Sec. 301. Transfers from the Department of Health, Education, and Welfare.
‘‘Sec. 302. Transfers from the Department of Labor.
‘‘Sec. 303. Transfers of programs from the National Science Foundation.
‘‘Sec. 304. Transfers from the Department of Justice.
‘‘Sec. 305. Transfers from the Department of Housing and Urban Development.
‘‘Sec. 306. Effect of transfers.
828
‘‘TITLE IV—ADMINISTRATIVE PROVISIONS
‘‘PART A—PERSONNEL PROVISIONS
‘‘Sec. 401. Officers and employees.
‘‘Sec. 402. Experts and consultants.
‘‘Sec. 403. Personnel reduction and annual limitations.
‘‘PART B—GENERAL ADMINISTRATIVE PROVISIONS
‘‘Sec. 411. General authority.
‘‘Sec. 412. Delegation.
‘‘Sec. 413. Reorganization.
‘‘Sec. 414. Contracts.
‘‘Sec. 415. Regional and field offices.
‘‘Sec. 416. Acquisition and maintenance of property.
‘‘Sec. 417. Facilities at remote locations.
‘‘Sec. 418. Use of facilities.
‘‘Sec. 419. Copyrights and patents.
‘‘Sec. 420. Gifts and bequests.
‘‘Sec. 421. Technical advice.
‘‘Sec. 422. Working capital fund.
‘‘Sec. 423. Funds transfer.
‘‘Sec. 424. Seal of department.
‘‘Sec. 425. Annual report.
‘‘Sec. 426. Authorization of appropriations.
‘‘TITLE V—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
‘‘Sec. 501. Transfer and allocation of appropriations and personnel.
‘‘Sec. 502. Effect on personnel.
‘‘Sec. 503. Agency terminations.
‘‘Sec. 504. Incidental transfers.
‘‘Sec. 505. Savings provisions.
‘‘Sec. 506. Separability.
‘‘Sec. 507. Reference.
‘‘Sec. 508. Amendments.
‘‘Sec. 509. Redesignation.
‘‘Sec. 510. Coordination of programs affecting handicapped individuals.
‘‘Sec. 511. Transition.
‘‘TITLE VI—EFFECTIVE DATE AND INTERIM APPOINTMENTS
‘‘Sec. 601. Effective date.
‘‘Sec. 602. Interim appointments.’’.
(4) in section 202(b), by inserting after para-
graph (2) the following:
‘‘(3) There shall be in the Department, a Special As-
sistant for Gender Equity who shall be appointed by the
Secretary. The Special Assistant shall promote, coordinate,
829
and evaluate gender equity programs, including the dis-
semination of information, technical assistance, coordina-
tion of research activities, and the administration of grant
programs. The Special Assistant shall report directly to the
Secretary, and shall perform such additional functions as
the Secretary shall prescribe.’’.
TITLE III—AMENDMENTS TO
OTHER ACTS
PART A—AMENDMENTS TO THE INDIVID-
UALS WITH DISABILITIES EDUCATION
ACT
SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.
(a) GRANT AMOUNTS.—Section 611(a) of the Individ-
uals with Disabilities Education Act (referred to in this
title as the ‘‘IDEA’’) is amended—
(1) by amending paragraph (1) to read as
follows:
‘‘(1) Except as provided in paragraph (5), the maxi-
mum amount of the grant for which a State is eligible
under this section for any fiscal year is—
‘‘(A) the sum of—
‘‘(i) the number of children with disabilities
in the State, aged six through 21, who are receiv-
ing special education and related services, as de-
termined under paragraph (3); and
830
‘‘(ii) the number of such children in the
State, aged three through five, if the State is eli-
gible for a grant under section 619; multiplied
by
‘‘(B) 40 percent of the average per-pupil expend-
iture in public elementary and secondary schools in
the United States.’’;
(2) by amending paragraph (2) to read as
follows:
‘‘(2) For the purpose of this section, the term ‘State’
means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.’’; and
(3) in paragraph (5)(A)—
(A) in clause (i)—
(i) by striking ‘‘and the State’’ and in-
serting ‘‘or the combined percentage of such
children counted by the Secretary for the
purpose of making fiscal year 199— alloca-
tions under this section and under subpart
2 of part D of chapter 1 of title I of the Ele-
mentary and Secondary Education Act of
1965, as in effect the day before the date of
the enactment of the Improving America’s
Schools Act of 1994, whichever is greater, if
the State’’; and
831
(ii) by inserting ‘‘and’’ at the end
thereof ;
(B) in clause (ii)—
(i) by striking ‘‘and the State’’ and in-
serting ‘‘or the combined percentage of such
children counted by the Secretary for the
purpose of making fiscal year 1994 alloca-
tions under this section and under subpart
2 of part D of chapter 1 of title I of the Ele-
mentary and Secondary Education Act of
1965, as in effect the day before the date of
the enactment of the Improving America’s
Schools Act of 1994, whichever is greater, if
the State’’; and
(ii) by striking out the semicolon and
‘‘and’’ at the end thereof and inserting in
lieu thereof a period; and
(C) by striking out clause (iii).
(b) AMOUNT RECEIVED.—Section 611(b) of the IDEA
is amended to read as follows:
‘‘(b)(1) Notwithstanding subsections (a) and (g) of this
section, no State shall receive an amount under this section
for any of the fiscal years 1995 through 1999 that is less
than the combined amount it received for fiscal year 1994
under—
832
‘‘(A) this section; and
‘‘(B) subpart 2 of part D of chapter 1 of title I
of the Elementary and Secondary Education Act of
1965 as in effect the day before the date of the enact-
ment of the Improving America’s Schools Act of 1994,
for children with disabilities aged three through 21.
‘‘(2) If, for fiscal year 1998 or 1999, the number of
children determined under subsection (a)(3) for any State
is less than the total number of children with disabilities,
aged three through 21, counted for such State’s fiscal year
1994 grants under this section and under subpart 2 of part
D of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, as in effect the day before the date
of the enactment of the Improving America’s Schools Act
of 1994, the amount determined under paragraph (1) for
such State shall be reduced by the same percentage by which
the number of such children so declined.
‘‘(3) In any fiscal year in which the amount appro-
priated for grants under this section is less, in real dollar
terms, than the amount appropriated in the immediate pre-
ceding fiscal year, the amount for each State under this
subsection will be reduced proportionately.’’.
(c) USES OF FUNDS.—Section 611(c) of the IDEA is
amended—
833
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(1) Of the funds received under subsection (a) by any
State for any fiscal year—
‘‘(A) the State may use up to 25 percent in ac-
cordance with paragraph (2); and
‘‘(B) except as provided in paragraph (4), the
State shall distribute at least 75 percent to local edu-
cational agencies and intermediate educational units,
in accordance with subsection (d), for use in accord-
ance 
with 
priorities 
established 
under 
section
612(3).’’;
(2) in paragraph (2), by amending subpara-
graph (A) to read as follows:
‘‘(A) From the funds that any State may use under
paragraph (1)(A) for any fiscal year, the State—
‘‘(i) may use 5 percent of the funds received
under this section or $450,000, whichever is greater,
for administrative costs related to carrying out sec-
tions 612 and 613; and
‘‘(ii) shall use the remainder—
‘‘(I) to provide support services and direct
services, subject to subparagraph (B), in accord-
ance with priorities established under section
612(3); and
834
‘‘(II) for the administrative costs of mon-
itoring and complaint investigation, but only to
the extent that such costs exceed the costs of ad-
ministration incurred during fiscal year 1985.’’.
(d) STATE FUNDS.—Section 611(d) of the IDEA is
amended to read as follows:
‘‘(d)(1) From the total amount of funds available for
any fiscal year under subsection (c)(1)(B), the State shall
provide to each local educational agency or intermediate
educational unit an amount that bears the same ratio to
such total amount as the number of children, aged 3 through
21, determined under subsection (a)(3) for such agency or
unit bears to the total number of such children determined
for all such agencies and units that apply for such funds.
‘‘(2)(A) To the extent necessary, the State—
‘‘(i) shall use funds available under subsection
(c)(2)(A)(ii) to ensure that each State-owned or State-
operated school or program or State-supported school
or program that received fiscal year 1994 funds under
subpart 2 of part D of chapter 1 of title I of the Ele-
mentary and Secondary Education Act of 1965 re-
ceives, from the combination of such funds and funds
provided under paragraph (1), an amount equal to—
835
‘‘(I) the number of children, aged 6 through
21, determined under subsection (a)(3) for such
agency; multiplied by
‘‘(II) the per-child amount provided under
such subpart for fiscal year 1994; and
‘‘(ii) may use such funds to ensure that each
local educational agency that received fiscal year
1994 funds under such subpart for children who had
transferred from a State-owned, State-operated, or
State-supported school or program assisted under
such subpart receives, from the combination of such
funds and funds provided under paragraph (1), an
amount for each such child, aged 3 through 21, deter-
mined under subsection (a)(3) for such agency, equal
to the per-child amount the agency received under
such subpart for fiscal year 1994.
‘‘(B) For the purpose of subparagraph (A), the number
of children determined under subsection (a)(3) for any
State agency or local educational agency shall not exceed
the number of children aged 3 through 21 for whom such
agency received funds under such subpart for such fiscal
year.
‘‘(3) In any fiscal year in which the amount appro-
priated for grants under this section is less, in real dollar
terms, than the amount appropriated in the preceding fiscal
836
year, the amount for each State under this subsection will
be reduced proportionately.’’.
(e) JURISDICTION.—Section 611(e)(1) of the IDEA is
amended to read as follows:
‘‘(1) The jurisdictions to which this subsection applies
are Guam, American Samoa, the Virgin Islands, the Com-
monwealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free Association
with the Government of Palau).’’.
(f) POSSIBLE RATABLE REDUCTION.—Section 611(g)
of the IDEA is amended to read as follows:
‘‘(g)(1)(A) If the sums appropriated under subsection
(h) for any fiscal year are not sufficient to pay in full the
total of the amounts that all States are eligible to receive
under subsection (a), each such amount shall be ratably
reduced.
‘‘(B) If additional funds become available for making
such payments for any fiscal year, such reduced amounts
shall be increased on the same basis as they were reduced.
‘‘(C) Any State that receives any such additional funds
shall distribute them in accordance with this section, except
that any State that has used funds available under sub-
section (c)(2)(A)(ii) for the purposes described in subsection
(d)(2) may—
837
‘‘(i) deduct, from the amount that it would oth-
erwise be required to make available to local edu-
cational agencies and intermediate educational units,
the same amount of such additional funds as it so
used; and
‘‘(ii) use such funds in accordance with sub-
section (c)(2)(A)(ii).
‘‘(2)(A) In any fiscal year for which payments have
been reduced and additional funds have not been made
available under paragraph (1) to pay in full the amounts
for which all States are eligible under this section, each
State educational agency shall fix dates by which each local
educational agency or intermediate educational unit shall
report to the State agency the amount of funds available
to it under this section that it estimates it will expend.
‘‘(B) The State educational agency shall, in accordance
with this section, reallocate any funds that it determines
will not be used during the period of availability by such
local educational agencies and intermediate educational
units, and by any such agency or unit to which such funds
would be available if it applied for them under this part,
to such local educational agencies and intermediate edu-
cational units that the State educational agency determines
will need, and be able to use, additional funds to carry out
approved programs.’’.
838
SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.
Part B of the IDEA is further amended by inserting
after section 614 the following new section:
‘‘TREATMENT OF CHAPTER 1 STATE AGENCIES
‘‘SEC. 614A. (a) For the purpose of making payments
under sections 611 and 619 of this Act, any State agency
that received funds for fiscal year 1994 under subpart 2
of part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 shall be treated as if it
were a local educational agency.
‘‘(b) The State educational agency shall ensure that
each State agency that owns or operates or supports a pro-
gram or school for children with disabilities with funds
under this part—
‘‘(1) provides each child with a disability in
such school or program a free appropriate public edu-
cation in accordance with this part, including the due
process protections of section 615, as if it were a local
educational agency; and
‘‘(2) has on file with the State educational agen-
cy an application that meets the requirements of sec-
tion 614 that the Secretary finds appropriate.
‘‘(c) Section 611(c)(4) shall not apply with respect to
a State agency that is eligible for a payment under this
part by virtue of this section.’’.
839
SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.
(a) ALLOTMENTS.—Section 684(c) of the IDEA is
amended—
(1) by redesignating paragraph (2) as para-
graph (5); and
(2) by striking paragraph (1) and inserting
paragraphs (1) through (4) to read as follows:
‘‘(1) Except as provided in paragraphs (3) and (4),
from the funds remaining for each fiscal year after the res-
ervation and payments under subsections (a) and (b), the
Secretary shall first allot to each State an amount that
bears the same ratio to the amount of such remainder as
the number of infants and toddlers in the State bears to
the number of infants and toddlers in all States.
‘‘(2) For fiscal year 1995 only, the Secretary shall allot
$34,000,000 of the remaining funds described in paragraph
(1) among the States in proportion to the relative numbers
of infants and toddlers who—
‘‘(A) are counted on December 1, 1994; and
‘‘(B) would have been eligible to be counted
under section 1221(c)(1) of the Elementary and Sec-
ondary Education Act of 1965 as in effect before the
enactment of the Improving America’s Schools Act of
1994.
840
‘‘(3) Except as provided in paragraph (4), no State
shall receive an amount under this section for any fiscal
year that is less than the greater of—
‘‘(A) one-half of one percent of the remaining
amount described in paragraph (1), not including
any amounts allotted under paragraph (2); or
‘‘(B) $500,000.
‘‘(4)(A) No State shall receive an amount under this
section for any of the fiscal years 1995 through 1999 that
is less than the combined amount it received for fiscal year
1994 under—
‘‘(i) this part; and
‘‘(ii) subpart 2 of part D of chapter 1 of title I
of the Elementary and Secondary Education Act of
1965 for children with disabilities from birth through
age two.
‘‘(B) If, for fiscal year 1998 or 1999, the number of
infants and toddlers in any State, as determined under
paragraph (1), is less than the number of infants and tod-
dlers so determined for fiscal year 1994, the amount deter-
mined under subparagraph (A) for that State shall be re-
duced by the same percentage by which the number of those
infants and toddlers so declined.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect beginning in fiscal year 1995.
841
PART B—EDUCATION FOR HOMELESS
CHILDREN AND YOUTH
SEC. 320. AMENDMENTS TO TABLE OF CONTENTS.
Section 101 of the Stewart B. McKinney Homeless As-
sistance Act is amended by striking subtitles A and B of
title VII and inserting the following:
‘‘Subtitle A—Adult Education for the Homeless
‘‘Sec. 701. State literacy initiatives
‘‘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 chil-
dren 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.’’.
SEC. 321. STATEMENT OF POLICY.
Subtitle A of title VII of the Stewart B. McKinney
Homeless Assistance Act is amended to read as follows:
‘‘Subtitle A—Adult Education for
the Homeless
‘‘SEC. 701. STATE LITERACY INITIATIVES.
‘‘(a) GENERAL AUTHORITY.—(1) The Secretary of
Education is authorized to make grants to State edu-
cational agencies to enable each such agency to implement,
either directly or through contracts and grants, a program
of literacy training and academic remediation for adult
homeless individuals within the State, which program
shall—
842
‘‘(A) include outreach activities; and
‘‘(B) be coordinated with other agencies or orga-
nizations, such as community-based organizations,
nonprofit literacy-action organizations, and funding
recipients under the Adult Education Act, title II of
the Job Training Partnership Act, the Youth Fair
Chance program under title IV of the Job Training
Partnership Act, the Volunteers in Service to America
program under the Domestic Volunteers Service Act,
part C of this title, or the Job Opportunity and Basic
Skills program under the Social Security Act.
‘‘(2) The Secretary of Education shall, in awarding
grants under this section, give special consideration to the
estimates submitted in the application submitted under sub-
section (b) and make such awards in whatever amounts he
or she determines would best serve the purposes of this
section.
‘‘(b) APPLICATION.—Each State educational agency
desiring to receive a grant under this section shall submit
to the Secretary of Education an application at such time,
in such manner, and containing such information as the
Secretary may reasonably require. Each such application
shall include an estimate of the number of homeless individ-
uals in the State and the number of such individuals
expected to be served.
843
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out the adult literacy and academic
remediation programs authorized by this section, there are
authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 1995 through 1999.
‘‘(d) DEFINITION.—As used in this section, the term
‘State’ means each of the 50 States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the North-
ern Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Government
of Palau).’’.
SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND
YOUTH.
Subtitle B of title VII of the Stewart B. McKinney
Homeless Assistance Act is amended to read as follows:
‘‘Subtitle B—Education for
Homeless Children and Youth
‘‘SEC. 721. STATEMENT OF POLICY.
‘‘It is the policy of the Congress that—
‘‘(1) each State educational agency shall ensure
that each child of a homeless individual and each
homeless youth has equal access to the same free, ap-
propriate public education, including a public pre-
844
school education, as provided to other children and
youth;
‘‘(2) in any State that has a compulsory resi-
dency requirement as a component of its compulsory
school attendance laws or other laws, regulations,
practices, or policies that may act as a barrier to the
enrollment, attendance, or success in school of home-
less children and youth, the State will review and un-
dertake steps to revise such laws, regulations, prac-
tices, or policies to ensure that homeless children and
youth are afforded the same free, appropriate public
education as provided to other children and youth;
‘‘(3) homelessness alone should not be sufficient
reason to separate students from the mainstream
school environment; and
‘‘(4) homeless children and youth should have ac-
cess to the education and other services that they need
to ensure that they have an opportunity to meet the
same challenging State performance standards to
which all students are held.
‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR
THE EDUCATION OF HOMELESS CHILDREN
AND YOUTH.
‘‘(a) GENERAL AUTHORITY.—The Secretary is, in ac-
cordance with the provisions of this section, authorized to
845
make grants to States to carry out the activities described
in subsections (d), (e), (f), and (g).
‘‘(b) APPLICATION.—No State may receive a grant
under this section unless the State educational agency sub-
mits an application to the Secretary at such time, in such
manner, and containing or accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(c) ALLOCATION AND RESERVATIONS.—(1) Subject to
paragraph (2) and section 724(c), from the amounts appro-
priated for each fiscal year pursuant to section 726, the
Secretary is authorized to allot to each State an amount
that bears the same ratio to the amount appropriated in
each such year as the amount allocated under section 1122
of the Elementary and Secondary Education Act of 1965
to the State in that year bears to the total amount allocated
to all States, except that no State shall receive less than
$100,000.
‘‘(2)(A) The Secretary is authorized to reserve 0.1 per-
cent of the amount appropriated for each fiscal year pursu-
ant to section 726 to be allocated by the Secretary among
the Virgin Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, and Palau (until
the effective date of the Compact of Free Association with
the Government of Palau), according to their respective
need, as determined by the Secretary.
846
‘‘(B)(i) The Secretary is authorized to transfer one
percent of the amount appropriated for each fiscal year
under section 726 to the Department of the Interior for pro-
grams for Indian students served by schools funded by the
Secretary of the Interior, as determined under the Indian
Self-Determination and Education Assistance Act, that are
consistent with the purposes of this Act.
‘‘(ii) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the require-
ments of this part, for the distribution and use of these
funds under terms that the Secretary determines best meet
the purposes of the covered programs. Such agreement shall
set forth the plans of the Secretary of the Interior for the
use of the amounts transferred, including appropriate goals,
objectives, and milestones.
‘‘(3) As used in this subsection, the term ‘State’ shall
not include the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, or
Palau.
‘‘(d) ACTIVITIES.—Grants under this section shall be
used—
‘‘(1) to carry out the policies set forth in section
721 in the State;
‘‘(2) to provide activities for, and services to,
homeless children, including preschool-aged children,
847
and homeless youth that enable such children and
youth to enroll in, attend, and succeed in school, or,
if appropriate, in preschool programs;
‘‘(3) to establish or designate an Office of Coordi-
nator of Education of Homeless Children and Youth
in the State educational agency in accordance with
subsection (f);
‘‘(4) to prepare and carry out the State plan de-
scribed in subsection (g); and
‘‘(5) to develop and implement professional de-
velopment programs for school personnel to heighten
their awareness of, and capacity to respond to, spe-
cific problems in the education of homeless children
and youth.
‘‘(e) STATE AND LOCAL GRANTS.—(1)(A) Subject to
subparagraph (B), if the amount allotted to the State edu-
cational agency for any fiscal year under this subtitle ex-
ceeds the amount such agency received for fiscal year 1990
under this subtitle, such agency shall provide grants to local
educational agencies for purposes of section 723.
‘‘(B) The State educational agency may reserve not
more than the greater of five percent of the amount it re-
ceives under this subtitle for any fiscal year, or the amount
such agency received under this subtitle for fiscal year 1990,
848
to conduct activities under subsection (f) directly or through
grants or contracts.
‘‘(2) If the amount allotted to a State educational
agency for any fiscal year under this subtitle is less than
the amount such agency received for fiscal year 1990 under
this subtitle, such agency, at its discretion, may provide
such grants or may conduct activities under subsection (f)
directly or through grants or contracts.
‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—
The Coordinator of Education of Homeless Children and
Youth established in each State shall—
‘‘(1) estimate the number of homeless children
and youth in the State and the number of such chil-
dren and youth served with assistance provided under
the grants under this subtitle;
‘‘(2) gather, to the extent possible, reliable, valid,
and comprehensive information on the nature and ex-
tent of the problems homeless children and youth have
in gaining access to public preschool programs and to
public elementary and secondary schools, the difficul-
ties in identifying the special needs of such children
and youth, any progress made by the State edu-
cational agency and local educational agencies in the
State in addressing such problems and difficulties,
and the success of the program under this subtitle in
849
allowing homeless children and youth to enroll in, at-
tend, and succeed in school;
‘‘(3) develop and carry out the State plan de-
scribed in subsection (g);
‘‘(4) prepare and submit to the Secretary not
later than October 1, 1997, and on October 1 of every
third year thereafter, a report on the information
gathered pursuant to paragraphs (1) and (2) and
such additional information as the Secretary may re-
quire to carry out responsibilities under this subtitle;
‘‘(5) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless chil-
dren and youth and their families, including children
who are preschool age; and
‘‘(6) develop relationships and coordinate with
other relevant education, child development, or pre-
school programs and providers of services to homeless
children, homeless families, and runaway and home-
less youth (including domestic violence agencies, shel-
ter operators, transitional housing facilities, runaway
and homeless youth centers, and transitional living
programs for homeless youth), to improve the provi-
sion of comprehensive services to homeless children
and youth and their families.
850
‘‘(g) STATE PLAN.—(1) Each State shall submit to the
Secretary a plan to provide for the education of homeless
children and youth within the State, which plan shall de-
scribe how such children and youth are or will be given
the opportunity to meet the same challenging State perform-
ance standards all students are expected to meet, shall de-
scribe the procedures the State educational agency will use
to identify such children and youth in the State and to
assess their special needs, and shall—
‘‘(A) describe procedures for the prompt resolu-
tion of disputes regarding the educational placement
of homeless children and youth;
‘‘(B) describe programs for school personnel (in-
cluding principals, attendance officers, teachers and
enrollment personnel), to heighten the awareness of
such personnel of the specific needs of runaway and
homeless youth;
‘‘(C) describe procedures that ensure that home-
less children and youth who meet the relevant eligi-
bility criteria are able to participate in Federal,
State, or local food programs;
‘‘(D) describe procedures that ensure that—
‘‘(i) homeless children have equal access to
the same public preschool programs, adminis-
851
tered by the State agency, as provided to other
children; and
‘‘(ii) homeless children and youth who meet
the relevant eligibility criteria are able to par-
ticipate in Federal, State, or local before- and
after-school care programs;
‘‘(E) address problems set forth in the report
provided to the Secretary under subsection (f)(4);
‘‘(F) address other problems with respect to the
education of homeless children and youth, including
problems caused by—
‘‘(i) transportation issues; and
‘‘(ii) enrollment delays that are caused by—
‘‘(I) immunization requirements;
‘‘(II) residency requirements;
‘‘(III) lack of birth certificates, school
records, or other documentation; or
‘‘(IV) guardianship issues;
‘‘(G) demonstrate that the State and local edu-
cational agencies in the State have developed, and
will review and revise, policies to remove barriers to
the enrollment and retention of homeless children and
youth in schools in the State; and
‘‘(H) contain an assurance that the State edu-
cational agency and local educational agencies in the
852
State will adopt policies and practices to ensure that
homeless children and youth are not isolated or stig-
matized.
‘‘(2) Each plan adopted under this subsection shall
also show how the State will ensure that local educational
agencies in the State will comply with the requirements of
paragraphs (3) through (9).
‘‘(3)(A) The local educational agency that serves each
homeless child and youth shall, according to the child’s or
youth’s best interest, either—
‘‘(i) continue the child’s or youth’s education in
the school of origin—
‘‘(I) for the remainder of the academic year;
or
‘‘(II) in any case in which a family be-
comes homeless between academic years, for the
following academic year; or
‘‘(ii) enroll the child or youth in any public
school that nonhomeless students who live in the at-
tendance area in which the child or youth is actually
living are eligible to attend.
‘‘(B) In determining the best interests of the child or
youth under subparagraph (A), the local educational agency
shall comply, to the extent possible, with the request made
by a parent or guardian regarding school selection.
853
‘‘(C) For purposes of this paragraph, the term ‘school
of origin’ means the school that the child or youth attended
when permanently housed, or the school in which the child
or youth was last enrolled.
‘‘(D) The choice regarding placement shall be made re-
gardless of whether the child or youth lives with the homeless
parents or has been temporarily placed elsewhere by the
parents.
‘‘(4) Each homeless child or youth shall be provided
services comparable to services offered to other students in
the school selected according to the provisions of paragraph
(3), including—
‘‘(A) transportation services;
‘‘(B) educational services for which the child or
youth meets the eligibility criteria, such as services
provided under title I of the Elementary and Second-
ary Education Act of 1965 or similar State or local
programs, educational programs for children with
disabilities, and educational programs for students
with limited-English proficiency;
‘‘(C) programs in vocational education;
‘‘(D) programs for gifted and talented students;
and
‘‘(E) school meals programs.
854
‘‘(5) Any record ordinarily kept by the school, includ-
ing immunization records, academic records, birth certifi-
cates, guardianship records, and evaluations for special
services or programs, of each homeless child or youth shall
be maintained—
‘‘(A) so that the records are available, in a time-
ly fashion, when a child or youth enters a new school
district; and
‘‘(B) in a manner consistent with section 438 of
the General Education Provisions Act.
‘‘(6) Each local educational agency serving homeless
children and youth that receives assistance under this sub-
title shall coordinate with local social services agencies and
other agencies or programs providing services to such chil-
dren or youth and their families, including services and
programs funded under the Runaway and Homeless Youth
Act.
‘‘(7)(A) Each local educational agency in a State that
receives a grant under this subtitle shall designate a home-
lessness liaison to ensure that—
‘‘(i) homeless children and youth enroll and suc-
ceed in the schools of such agency; and
‘‘(ii) homeless families, children, and youth re-
ceive educational services for which they are eligible,
including preschool programs administered by the
855
local educational agency, and referrals to health care
services, dental services, mental health services, and
other appropriate services.
‘‘(B) State coordinators and local educational agencies
shall inform school personnel, service providers, and advo-
cates working with homeless families of the duties of the
liaisons.
‘‘(8) Each State and local educational agency shall re-
view and revise any policies that may act as barriers to
the enrollment of homeless children and youth in schools
selected in accordance with paragraph (3). In reviewing
and revising such policies, consideration shall be given to
issues concerning transportation, immunization, residency,
birth certificates, school records, and other documentation,
and guardianship. Special attention shall be given to ensur-
ing the enrollment and attendance of homeless children and
youth who are not currently attending school.
‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE
EDUCATION OF HOMELESS CHILDREN AND
YOUTH.
‘‘(a) GENERAL
AUTHORITY.—(1) The State edu-
cational agency shall, in accordance with section 722(e)
and with amounts made available to such agency under sec-
tion 726, make grants to local educational agencies for the
856
purpose of facilitating the enrollment, attendance, and suc-
cess in school of homeless children and youth.
‘‘(2) Unless otherwise specified, services under para-
graph (1) may be provided through programs on school
grounds or at other facilities. Where services are provided
through programs to homeless students on school grounds,
schools may provide services to other children and youth
who are determined by the local educational agency to be
at risk of failing in, or dropping out of, schools, on an inci-
dental basis. To the maximum extent practicable, services
shall be provided through existing programs and mecha-
nisms that integrate homeless individuals with nonhomeless
individuals.
‘‘(3) Services provided under this section are not in-
tended to replace the regular academic program and shall
be designed to expand upon or improve services provided
as part of the school’s regular academic program.
‘‘(b) APPLICATION.—A local educational agency that
desires to receive a grant under this section shall submit
an application to the State educational agency at such
time, in such manner, and containing or accompanied by
such information as the State educational agency may rea-
sonably require according to guidelines issued by the Sec-
retary. Each such application shall include—
857
‘‘(1) a description of the services and programs
for which assistance is sought and the problems to be
addressed through the provision of such services and
programs;
‘‘(2) an assurance that the local educational
agency’s combined fiscal effort per student or the ag-
gregate expenditures of that agency and the State
with respect to the provision of free public education
by such agency for the preceding fiscal year was not
less than 90 percent of such combined fiscal effort or
aggregate expenditures for the second preceding fiscal
year;
‘‘(3) an assurance that the applicant complies
with, or will use requested funds to come into compli-
ance with, paragraphs (3) through (9) of section
722(g); and
‘‘(4) a description of policies and procedures that
the agency will implement to ensure that activities
carried out by the agency will not isolate or stig-
matize homeless children and youth.
‘‘(c) AWARDS.—(1) The State educational agency
shall, in accordance with section 722(g) and with amounts
made available to such agency under section 726, award
grants under this section to local educational agencies sub-
858
mitting an application under subsection (b) on the basis
of the need of such agencies.
‘‘(2) In determining need under paragraph (1), the
State educational agency may consider the number of home-
less children and youth enrolled in preschool, elementary,
and secondary schools within the area served by the agency,
and shall consider the needs of such children and youth and
the ability of the agency to meet such needs. Such agency
may also consider—
‘‘(A) the extent to which the proposed use of
funds would facilitate the enrollment, retention, and
educational success of homeless children and youth;
‘‘(B) the extent to which the application reflects
coordination with other local and State agencies that
serve homeless children and youth, as well as the
State plan required by section 722(g);
‘‘(C) the extent to which the applicant exhibits in
the application and in current practice a commit-
ment to education for all homeless children and
youth; and
‘‘(D) such other criteria as the agency determines
appropriate.
‘‘(3) Grants awarded under this section shall be for
terms not to exceed three years.
859
‘‘(d) AUTHORIZED ACTIVITIES.—(1) A local edu-
cational agency may use funds awarded under this section
for activities to carry out the purpose of this subtitle, in-
cluding—
‘‘(A) the provision of tutoring and accelerated
instruction and enriched educational services that are
linked to the achievement of the same challenging
standards the State establishes for other children or
youth;
‘‘(B) the provision of expedited evaluations of the
strengths and needs of homeless children and youth,
including needs and eligibility for programs and serv-
ices (such as educational programs for gifted and tal-
ented students, children with disabilities, and stu-
dents with limited-English proficiency, services pro-
vided under title I of the Elementary and Secondary
Education Act of 1965 or similar State or local pro-
grams, programs in vocational education, and school
meals programs);
‘‘(C) professional development and other activi-
ties for educators and other school personnel that is
designed to heighten the understanding and sensitiv-
ity of such personnel to the needs of homeless children
and youth, the rights of such children and youth
860
under this Act, and the specific educational needs of
runaway and homeless youth;
‘‘(D) the provision of referral services to homeless
children and youth for medical, dental, mental, and
other health services;
‘‘(E) the provision of assistance to defray the ex-
cess cost of transportation for students pursuant to
sections 722(g)(4) or 722(g)(9), not otherwise pro-
vided through Federal, State, or local funding, where
necessary to enable students to attend the school se-
lected under section 722(g)(3);
‘‘(F) the provision of developmentally appro-
priate early childhood education programs, not other-
wise provided through Federal, State, or local fund-
ing, for preschool-aged children;
‘‘(G) the provision of before- and after-school,
mentoring, and summer programs for homeless chil-
dren and youth in which a teacher or other qualified
individual provides tutoring, homework assistance,
and supervision of educational activities;
‘‘(H) where necessary, the payment of fees and
other costs associated with tracking, obtaining, and
transferring records necessary to enroll homeless chil-
dren and youth in school, including birth certificates,
immunization records, academic records, guardian-
861
ship records, and evaluations for special programs or
services;
‘‘(I) the provision of education and training to
the parents of homeless children and youth about the
rights of, and resources available to, such children
and youth;
‘‘(J) the development of coordination between
schools and agencies providing services to homeless
children and youth, including programs funded under
the Runaway and Homeless Youth Act;
‘‘(K) the provision of counseling (including vio-
lence prevention counseling), social work, and psycho-
logical services, and referrals for such services;
‘‘(L) activities to address the particular needs of
homeless children and youth that may arise from do-
mestic violence;
‘‘(M) the adaptation of space and purchase of
supplies for nonschool facilities made available under
subsection (a)(2) to provide services under this sub-
section;
‘‘(N) the provision of school supplies; and
‘‘(O) the provision of other extraordinary or
emergency assistance needed to enable homeless chil-
dren and youth to attend school.
862
‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.
‘‘(a) REVIEW OF PLANS.—In reviewing the State plans
submitted by the State educational agencies under section
722(g), the Secretary shall use a peer review process and
shall evaluate whether State laws, policies, and practices
described in such plans adequately address the problems of
homeless children and youth relating to access to education
and placement as described in such plans.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide support and technical assistance to the State edu-
cational agencies to assist such agencies to carry out their
responsibilities under this subtitle.
‘‘(c) EVALUATION
AND DISSEMINATION.—The Sec-
retary shall conduct evaluation and dissemination activi-
ties of programs designed to meet the educational needs of
homeless elementary and secondary school students, and
may use funds appropriated under section 726 to conduct
such activities.
‘‘(d) SUBMISSION AND DISTRIBUTION.—The Secretary
shall require applications for grants under this subtitle to
be submitted to the Secretary not later than the expiration
of the 60-day period beginning on the date that funds are
available for purposes of making such grants and shall
make such grants not later than the expiration of the 120-
day period beginning on such date.
863
‘‘(e) DETERMINATION BY SECRETARY.—The Secretary,
based on the information received from the States and infor-
mation gathered by the Secretary under subsection (d), shall
determine the extent to which State educational agencies are
ensuring that each homeless child and homeless youth has
access to a free appropriate public education as described
in section 721(1).
‘‘(f) REPORTS.—The Secretary shall prepare and sub-
mit a report to the Committee on Education and Labor
of the House of Representatives and the Committee on
Labor and Human Resources of the Senate on the programs
and activities authorized by this subtitle by December 31,
1997, and every third year thereafter.
‘‘SEC. 725. DEFINITIONS.
‘‘For the purpose of this subtitle, unless otherwise stat-
ed—
‘‘(1) the term ‘Secretary’ means the Secretary of
Education; and
‘‘(2) the term ‘State’ means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subtitle, there
are authorized to be appropriate $30,000,000 for fiscal year
864
1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.’’.
PART C—IMPACT AID STATUTES
SEC. 331. AMENDMENTS TO PUBLIC LAW 815.
(a) SECTION 2.—Section 2 of the Act of September 23,
1950 (Public Law 815, 81st Congress; 20 U.S.C. 632) is
amended to read as follows:
‘‘SEC. 2. PORTION OF APPROPRIATIONS AVAILABLE FOR
PAYMENTS.
‘‘For each fiscal year the Secretary shall distribute the
funds appropriated in accordance with section 1 which
shall be available for carrying out the provisions of sections
5, 9, 10, and 14. The funds provided under section 1 for
the schools serving military dependents and Indian lands
shall be divided equally between section 5 and section 14
of this Act. Funds provided under section 5 of this Act shall
be divided equally between the priority categories of section
1(a)(1) and 1(a)(2) of this Act.’’.
(b) SECTION 3.—Section 3 of such Act (20 U.S.C. 633)
is amended to read as follows:
‘‘SEC. 3. ESTABLISHMENT OF PRIORITIES.
‘‘Applications for construction or modification projects
provided for under this Act must be filed by June 30 of
the fiscal year prior to the year in which funds are first
requested. The Secretary shall use the following order of pri-
865
ority in approving applications under section 5 and funded
in accordance with section 1(a)(1) and section 1(a)(2) of
this Act. The priority of payment of application under sec-
tion 1(a)(1) shall be based on the highest percentage of num-
ber of children in need of minimum school facilities. The
priority of payment of applications under section 1(a)(2)
shall be based on the highest percentage of federally con-
nected students eligible for payment. The Secretary shall use
the priorities stated in this section in approving applica-
tions in the event the funds appropriated under section 1
of this title and remaining available on any such date for
payment to local educational agencies are less than the Fed-
eral share of the cost of the projects with respect to which
applications have been filed prior to such date (and for
which funds under section 1 have not already been obli-
gated). Only applications meeting the conditions for ap-
proval under this Act (other than section 6(b)(2)(C)) shall
be considered applications for purposes of the preceding sen-
tence. Such order of priority shall provide that applications
payments based upon increases in the number of children
residing on, or residing with a parent employed on prop-
erty which is party of a low-rent housing project assisted
under the United States Housing Act of 1937 shall not be
approved for any fiscal year until all other applications
866
under paragraph (2) of subsection (a) of section 5 have been
approved for the fiscal year.’’.
(c) SECTION 5.—Section 5 of such Act (20 U.S.C. 635)
is amended to read as follows:
‘‘SEC. 5. LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL
EDUCATIONAL AGENCY.
‘‘(a) Subject to the limitations in subsection (c) the
total of the payments to a local educational agency under
this Act may not exceed the sum of—
‘‘(1) the estimated increase, since the base year,
in the number of children determined with respect to
such agency who live on Federal property and have
a parent who works on Federal property multiplied
by 100 percent of the average per pupil cost of con-
structing minimum school facilities in the State in
which the school district of such agency is situated;
and
‘‘(2) the estimated increase, since the base year,
in the number of children determined with respect to
such agency who have a parent who lives on or works
on Federal property multiplied by 50 percent of such
cost;
‘‘(3) In computing for any local educational
agency the number of children in an increase under
paragraph (1) or (2), the estimated number of chil-
867
dren described in such paragraph who will be in the
membership of the schools of such agency at the close
of the increase period shall be compared with the esti-
mated number of such children in average daily mem-
bership of the schools of such agency during the base
year. However, the base year average daily member-
ship shall be adjusted to exclude the number of chil-
dren that formed the basis for previous payments on
applications approved 30 or more years prior to the
close of the increased period for the current applica-
tion.
‘‘(b) If two of the paragraphs of subsection (a) apply
to a child, the local educational agency shall elect which
of such paragraphs shall apply to such child, except that,
notwithstanding the election of a local educational agency
to have paragraph (2) apply to a child instead of para-
graph (1), the determination of the maximum amount for
such agency under subsection (a) shall be made without re-
gard to such election.
‘‘(c) A local educational agency shall not be eligible
to have any amount included in its maximum by reason
of paragraphs (1), (2), and (3) of subsection (a) unless the
increase in children referred to in such paragraph is at
least 20, and in the case of paragraphs (1), (2), and (3)
of subsection (a), is—
868
‘‘(1) equal to at least 6 percent of the number of
federally connected children who were in the average
daily membership of the schools of such agency during
the base year, or
‘‘(2) at least 750,
whichever is the lesser.
‘‘(d) Notwithstanding the provisions of subsection (c)
of this section, whenever and to the extent that, in his judg-
ment, exceptional circumstances exist which make such ac-
tion necessary to avoid inequity and avoid defeating the
purposes of the Act, the Secretary may waive or reduce the
minimum number requirement or any percentage require-
ment or requirements in subsection (c).
‘‘(e) In determining under this section the total of the
payments which may be made to a local educational agency
on the basis of any application, the total number of children
counted for purposes of paragraph (1) or (2), as the case
may be, of subsection (a) may not exceed—
‘‘(1) the number of children whose membership
at the close of the increase period for the application
is compared with average daily membership in the
base period for purposes of that paragraph, provided
that the base year average daily membership does not
include any children which formed the basis of pay-
869
ment in the applications approved 30 or more years
ago, minus
‘‘(2) the number of such children whose member-
ship at the close of the increase period was compared
with membership in the base year for purposes of such
paragraph under the last previous application, pro-
vided the application was funded within the last 4
years, if any, of the agency on the basis of which any
payments have been or may be made to that agency.’’.
(d) SECTION 6.—Section 6 of such Act (20 U.S.C. 636)
is amended by adding at the end the following new sub-
section:
‘‘(d) If the application has not been funded within the
3-year period, the local educational agency must recertify
their need to have the application remain active.’’.
SEC. 332. REPEAL OF PUBLIC LAW 874.
The Act of September 30, 1950 (Public Law 874, 81st
Congress; 20 U.S.C. 236 et seq.) is hereby repealed.
PART D—AMENDMENTS TO ADULT
EDUCATION ACT
SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.
(a) Section 342(c)(11) of the Adult Education Act is
amended by inserting ‘‘Even Start,’’ after ‘‘1963,’’.
(b) Section 384(n) is amended by striking ‘‘and 1995’’
and inserting ‘‘1995, and 1996’’.
870
PART E—AMENDMENTS TO EDUCATION
COUNCIL ACT OF 1991
SEC. 341. FINDINGS.
Section 201 of the Education Council Act of 1991
(hereafter in this Act referred to as the ‘‘Act’’) is amended—
(1) by amending paragraph (2) to read as fol-
lows:
‘‘(2) the writing problem has been magnified by
the rapidly changing student populations in the Na-
tion’s schools and the growing number of students
who are at risk because of limited-English pro-
ficiency;’’;
(2) in paragraph (6)—
(A) by inserting ‘‘writing and reading are
both fundamental to learning, yet writing has
been historically neglected in the schools and col-
leges, and’’ before ‘‘most’’; and
(B) by striking the comma before ‘‘have’’;
(3) by amending paragraph (10) to read as fol-
lows:
‘‘(10) the National Writing Project has become a
model for programs to improve teaching in such other
fields as mathematics, science, history, literature, per-
forming arts, and foreign languages;’’;
871
(4) by amending paragraph (15) to read as fol-
lows:
‘‘(15) each year over 100,000 teachers volun-
tarily seek training in National Writing Project in-
tensive summer institutes and workshops and school-
year in-service programs through one of the 154 re-
gional sites located in 45 States, the Commonwealth
of Puerto Rico, and in 4 sites that serve United
States teachers teaching in United States dependent
and independent schools;’’;
(5) by striking paragraph (17);
(6) by redesignating paragraph (18) as para-
graph (17);
(7) in paragraph (17) (as redesignated in para-
graph (6)), by striking the period at the end thereof
and inserting a semicolon; and
(8) by adding at the end the following new para-
graphs:
‘‘(18) independent evaluation studies have found
the National Writing Project to be highly cost effective
compared to other professional development programs
for teachers; and
‘‘(19) during 1991, the first year of Federal sup-
port for the National Writing Project, the National
Writing Project matched the $1,951,975 in Federal