379
‘‘(5) Existing counselors are severely taxed to
perform duties that are largely administrative in na-
ture, such as scheduling. They are burdened with
many demands regarding placement in colleges, test-
ing, career guidance, and the like.
‘‘(6) Student populations are expected to grow
significantly over the next few years. School-based
services for students will be in great demand. With
expected large scale retirements, more than 100,000
new dedicated resource staff for students will be
needed to increase student-to-staff service avail-
ability.
‘‘(7) The Federal support for reducing the stu-
dent-to-staff ratio would pay for itself, through re-
duced violence and substance abuse, and through
improvements in students’ academic achievement.
‘‘SEC. 4312. PURPOSE.
‘‘The purpose of this part is to assist States and local
educational agencies to recruit, train, and hire 100,000
school-based resource staff to specifically work with
students—
‘‘(1) to reduce the student-to-counseling ratios
nationally, in grades 6–12, to an average of 1 such
staff for every 250 students as recommended in a
report by the Institute of Medicine of the National
380
Academy of Sciences relating to schools and health,
issued in 1997;
‘‘(2) to help address the mental, emotional, and
developmental needs of public school students; and
‘‘(3) to support other school staff and teachers
in reaching students early before problems arise,
conducting behavioral interventions to improve
school discipline, and developing the awareness and
skills to identify early warning signs of violence and
the need for mental health services.
‘‘SEC. 4313. STUDENT RESOURCE STAFF PROGRAM.
‘‘(a) IN GENERAL.—From funds provided under sec-
tion 4004(4), the Secretary shall award grants under this
part to establish or expand the number of resource staff
available for students’ needs.
‘‘(1) 
DISTRIBUTION.—In 
awarding 
grants
under this part, the Secretary shall allocate funds
proportionately based on the population that is less
than 18 years of age in each local educational agen-
cy.
‘‘(2) DURATION.—A grant under this section
shall be awarded for a period not to exceed 3 years.
‘‘(b) APPLICATIONS.—
‘‘(1) IN
GENERAL.—Each local educational
agency desiring a grant under this section shall sub-
381
mit an application to the Secretary at such time, in
such manner, and accompanied by such information
as the Secretary may reasonably require.
‘‘(2) CONTENTS.—Each application for a grant
under this section shall—
‘‘(A) describe the secondary public school
population to be targeted by the program, the
particular personal, social, emotional, education,
and career development needs of such popu-
lation, and the current school counseling re-
sources available for meeting such needs;
‘‘(B) describe the activities, services, and
training to be provided by the program and the
specific approaches to be used to meet the
needs described in subparagraph (A);
‘‘(C) describe the methods to be used to
evaluate the outcomes and effectiveness of the
program; and
‘‘(D) document that the applicant has the
personnel qualified to develop, implement, and
administer the program.
‘‘(c) USE OF FUNDS.—Funds under this section shall
be used to initiate or expand student resource staff pro-
grams that carry out the purpose under section.
382
‘‘(d) DEFINITIONS.—For the purposes of this part
the term ‘resource staff’ means an individual who has doc-
umented competence and training in mental health to be
able to provide services to children and adolescents in a
school setting and who—
‘‘(1) possesses State licensure or certification in
mental health granted by an independent profes-
sional regulatory authority;
‘‘(2) in the absence of such State licensure or
certification, possesses national certification in men-
tal health or in a related specialty granted by an
independent professional organization;
‘‘(3) holds at least a master’s degree in school
counseling from a program accredited by the Council
for Accreditation of Counseling and Related Edu-
cational Programs or an equivalent degree;
‘‘(4) possesses a minimum of 60 graduate se-
mester hours in school psychology from an institu-
tion of higher education and has completed 1,200
clock hours in a supervised school psychology intern-
ship, of which 600 hours shall be in the school set-
ting, and possesses State licensure or certification in
school psychology in the State in which the indi-
vidual works; or
383
‘‘(5) holds a master’s degree in social work and
is licensed or certified by the State in which services
are to be provided or holds a school social work spe-
cialist credential.
‘‘PART D—TECHNICAL ASSISTANCE
‘‘SEC. 4411. COMPREHENSIVE PREVENTION TECHNICAL AS-
SISTANCE GRANTS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to provide grants to State educational agencies
that meet the requirements of this part to implement pre-
vention programs that meet a high scientific standard of
program effectiveness.
‘‘(b) CONTENTS OF STATE PLAN.—To be eligible to
receive a grant under this part, a State educational agency
shall submit an application, to the Secretary at such time
and including such information as the Secretary may rea-
sonably require, including a State plan that describes—
‘‘(1) the process and selection criteria by which
the State educational agency will make competitive
grants to eligible local educational agencies;
‘‘(2) how the State educational agency will en-
sure that only high quality, well-defined, and well-
documented comprehensive prevention programs are
funded;
384
‘‘(3) how the State educational agency will dis-
seminate materials developed or collected by the Sec-
retary about research-based comprehensive preven-
tion models that are proven to be effective and will
provide technical assistance to assist local edu-
cational agencies in evaluating, selecting, developing,
and implementing comprehensive prevention pro-
grams;
‘‘(4) how the State educational agency will
evaluate the implementation of comprehensive pre-
vention programs and measure the results achieved
in preventing violence, criminal and delinquent be-
havior, substance abuse, and other problem behav-
iors and improving student academic performance;
‘‘(5) how the State educational agency will en-
sure that local programs meet the requirements of
section 4214(c); and
‘‘(6) provide an assurance that funds provided
under this part shall supplement, and not supplant,
other Federal, State, and local funds that would oth-
erwise be available for the purposes described under
this part.
385
‘‘SEC. 4412. RESERVATIONS AND ALLOCATIONS.
‘‘(a) RESERVATIONS.—From the funds made avail-
able under section 4004(5) to carry out this part for each
fiscal year, the Secretary shall—
‘‘(1) reserve funds in accordance with para-
graphs (1), (2), and (4) of section 4111(a); and
‘‘(2) except as provided in subsection (b), allo-
cate the remainder of funds among the States in ac-
cordance with section 4111(b)(1).
‘‘(b) REALLOCATION OF FUNDS TO STATES.—If a
State educational agency does not develop a plan that
meets the requirements of section 4411(b), the Secretary
shall not make an allocation to the State under subsection
(a)(2) and shall allocate such funds in accordance with
section 4111(b)(1) to other States that have developed
such plans. Funds allocated to a State under this sub-
section may be used only to implement programs under
this subpart.
‘‘SEC. 4413. DISTRIBUTION OF FUNDS.
‘‘(a) FUNDS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) IN
GENERAL.—Each State educational
agency that receives an allocation under this part
shall use such funds to make competitive grants to
local educational agencies.
‘‘(2) AWARDS.—In awarding competitive grants
under this part, a State educational agency shall—
386
‘‘(A) give the highest priority to local edu-
cational agencies with demonstrated need in ac-
cordance with the criteria described in section
4113(d)(2)(C)(ii);
‘‘(B) make grant awards that are of suffi-
cient size and scope to support the initial start-
up costs for a comprehensive prevention plan
that meets the requirements of this part; and
‘‘(C) take into account the equitable dis-
tribution of awards to different geographic re-
gions within the State, including urban and
rural areas, and to schools serving elementary
and secondary students.
‘‘(b) RESERVATION.—A State educational agency
may use not more than 5 percent of the funds made avail-
able to it under this section for administrative, evaluation,
and technical assistance expenses, including expenses nec-
essary to inform local educational agencies about research-
based comprehensive prevention approaches that have
proven to be effective.
‘‘SEC. 4414. LOCAL AWARDS.
‘‘(a) IN GENERAL.—To be eligible to receive a
subgrant under this subpart for any fiscal year, a local
educational agency shall submit, at such time and includ-
ing such information, as the State educational agency re-
387
quires, an application to the State educational agency for
approval.
‘‘(b) PLAN.—Each local educational agency shall sub-
mit a plan to the State educational agency demonstrating
how it will meet the requirements of subsection (c).
‘‘(c) USE OF FUNDS.—A grant awarded to a local
educational agency under this part shall be used only for
the purpose of identifying and implementing comprehen-
sive prevention programs that—
‘‘(1) employ strategies or approaches that are
based on reliable research and that show effective-
ness in preventing violence, criminal and delinquent
behavior, substance abuse, and other problem behav-
iors and improving student academic performance;
‘‘(2) comprehensively address the mental, emo-
tional, social, and physical health of children and
adolescents;
‘‘(3) employ developmentally appropriate activi-
ties and interventions;
‘‘(4) assist children and adolescents in improv-
ing cognitive, affective, and behavioral skills;
‘‘(5) use methods that ensure the active engage-
ment of the children and adolescents who participate
and that facilitate better communication between
children and adults about problem situations;
388
‘‘(6) provide for the meaningful involvement of
parents, educators, health and mental health profes-
sionals, and the local community in planning and
implementation;
‘‘(7) provide high-quality and continuous staff
professional development and training;
‘‘(8) have measurable outcome goals and a clear
evaluation plan, including annual reports to the
State and the Secretary;
‘‘(9) use high-quality external technical support
and assistance from individuals or entities with expe-
rience and expertise in developing, implementing,
and 
evaluating 
comprehensive 
prevention 
ap-
proaches; and
‘‘(10) identify how other resources (Federal,
State, local, and private) available to the State will
be used to coordinate services to support and sustain
the comprehensive prevention effort.
‘‘PART E—RELATED PROVISIONS; GUN-FREE
SCHOOLS
‘‘SEC. 4511. GUN-FREE SCHOOLS.
‘‘(a) SHORT TITLE.—This part may be cited as the
‘Gun-Free Schools Act’.
‘‘(b) REQUIREMENTS.—
389
‘‘(1) Each State receiving Federal funds under
the Elementary and Secondary Education Act of
1965 shall have in effect a State law requiring local
educational agencies to expel from school, for a pe-
riod of not less than 1 year, a student who is deter-
mined to have possessed a firearm at school under
the jurisdiction of a local educational agency in that
State, except that such State law shall allow the
chief administering officer of that local educational
agency to modify the expulsion requirement for a
student on a case-by-case basis.
‘‘(2) For the purpose of this section, the term
‘firearm’ has the same meaning given that term in
section 921 of title 18, United States Code (which
includes bombs).
‘‘(c) SPECIAL RULE.—This section shall be construed
in a manner consistent with the Individuals with Disabil-
ities Education Act.
‘‘(d) REPORT
TO STATE.—Each local educational
agency requesting assistance from the State educational
agency under this Act shall provide to the State in its
application—
‘‘(1) an assurance that such local educational
agency is in compliance with the State law required
by subsection (b);
390
‘‘(2) a description of the circumstances sur-
rounding any expulsions imposed under the State
law required by subsection (b), including—
‘‘(A) the name of the school concerned;
‘‘(B) the number of students expelled from
such school (disaggregated by gender, race, eth-
nicity, and educational level); and
‘‘(C) the type of weapons concerned; and
‘‘(3) the number of—
‘‘(A) students referred to the criminal jus-
tice or juvenile justice system as required by
section 4512(a)(1); and
‘‘(B) instances in which the chief admin-
istering officer of a local educational agency
modified the expulsion requirement described in
subsection (b)(1) on a case-by-case basis.
‘‘(e) REPORTING.—Each State shall report the infor-
mation described in subsection (d) to the Secretary on an
annual basis.
‘‘SEC. 4512. REQUIREMENTS.
‘‘(a) REQUIRED POLICIES.—No funds shall be made
available under this Act to any local educational agency
unless that agency has a policy ensuring—
391
‘‘(1) that any student who possesses a firearm
at school served by such agency is referred to the
criminal justice or juvenile justice system;
‘‘(2) that a student described in paragraph (1)
is referred to a mental health professional for as-
sessment as to whether he or she poses an imminent
threat of harm to himself, herself, or others and
needs appropriate mental health services before re-
admission to school; and
‘‘(3) that a student under paragraph (1) who
has been determined by a mental health professional
to pose an imminent threat of harm to himself, her-
self, or others receive appropriate mental health
services before being permitted to return to school.
‘‘(b) SPECIAL RULE.—This section shall be construed
in a manner consistent with the Individuals with Disabil-
ities Education Act.
‘‘(c) DEFINITIONS.—For the purposes of this section,
the terms ‘firearm’ and ‘school’ have the same meaning
given those terms in section 921(a) of title 18, United
States Code.
‘‘SEC. 4513. POLICIES.
‘‘(a) REQUIRED POLICY.—Each State educational
agency and local educational agency that receives funds
under this title shall have a policy that prohibits cigarette
392
vending machines, and the illegal possession or use of
drugs and alcohol, in any form, at any time, and by any
person, in school buildings, on school grounds, or at any
school-sponsored event.
‘‘(b) ASSURANCE.—Each local educational agency re-
questing assistance under this title from the State edu-
cational agency shall include in its application an assur-
ance that it is in compliance with the requirements of this
section.
‘‘(c) STATE REPORTING.—Each State educational
agency shall report to the Secretary on an annual basis
if any local educational agency is not in compliance with
the requirements of subsection (a).
‘‘SEC. 4514. SUPPLANTING PROHIBITED.
‘‘Funds under this title shall be used to increase the
level of State, local, and other non-Federal funds that
would, in the absence of funds under this title, be made
available for programs and activities authorized under this
title, and in no case to supplant such State, local, and
other non-Federal funds.’’.
393
TITLE V—MAGNET SCHOOLS AS-
SISTANCE, 
PUBLIC 
SCHOOL
CHOICE, AND NATIONAL PRI-
ORITIES
SEC. 501. MAGNET SCHOOLS ASSISTANCE.
(a) HEADING.—The heading for title V is amended
to read as follows:
‘‘TITLE V—INNOVATIVE PUBLIC
SCHOOL 
CHOICE 
AND 
NA-
TIONAL PRIORITIES
(b) MAGNET SCHOOL ASSISTANCE.—Part A of title
V (20 U.S.C. 7201 et seq.) is amended to read as follows:
‘‘PART A—MAGNET SCHOOL ASSISTANCE
‘‘SEC. 5101. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Magnet schools are a significant part of
our Nation’s effort to achieve voluntary desegrega-
tion in our Nation’s schools.
‘‘(2) The use of magnet schools has increased
dramatically since the date of the enactment of the
Magnet Schools Assistance program, with approxi-
mately 2,000,000 students nationwide now attending
such schools, of which more than 65 percent of the
students are nonwhite.
394
‘‘(3) Magnet schools offer a wide range of dis-
tinctive programs that have served as models for
school improvement efforts.
‘‘(4) In administering the Magnet Schools As-
sistance program, the Federal Government has
learned that—
‘‘(A) where magnet programs are imple-
mented for only a portion of a school’s student
body, special efforts must be made to discour-
age the isolation of—
‘‘(i) magnet school students from
other students in the school; and
‘‘(ii) students by racial characteristics;
‘‘(B) local educational agencies can maxi-
mize their effectiveness in achieving the pur-
poses of the Magnet Schools Assistance pro-
gram if such agencies have more flexibility in
the administration of such program in order to
serve students attending a school who are not
enrolled in the magnet school program;
‘‘(C) local educational agencies must be
creative in designing magnet schools for stu-
dents at all academic levels, so that school dis-
tricts do not select only the highest achieving
students to attend the magnet schools;
395
‘‘(D) consistent with desegregation guide-
lines, local educational agencies must seek to
enable participation in magnet school programs
by students who reside in the neighborhoods
where the programs operate; and
‘‘(E) in order to ensure that magnet
schools are sustained after Federal funding
ends, the Federal Government must assist
school districts to improve their capacity to con-
tinue to operate magnet schools at a high level
of performance.
‘‘(5) It is in the national interest to—
‘‘(A) continue the Federal Government’s
support of school districts implementing court-
ordered desegregation plans and school districts
voluntarily seeking to foster meaningful inter-
action among students of different racial and
ethnic backgrounds, beginning at the earliest
stage of such students’ education;
‘‘(B) ensure that all students have equi-
table access to quality education that will pre-
pare such students to function well in a techno-
logically oriented society and a highly competi-
tive economy;
396
‘‘(C) maximize the ability of local edu-
cational agencies to plan, develop, implement
and continue effective and innovative magnet
schools that contribute to State and local sys-
temic reform;
‘‘(D) ensure that grant recipients provide
adequate data which demonstrates an ability to
improve student achievement; and
‘‘(E) desegregate and diversify those
schools in our Nation that are racially, economi-
cally, linguistically, or ethnically segregated.
‘‘(6) Such segregation exists between minority
and nonminority students as well as among students
of different minority groups.
‘‘SEC. 5102. STATEMENT OF PURPOSE.
‘‘The purpose of this part is to assist in the desegre-
gation of schools served by local educational agencies by
providing financial assistance to eligible local educational
agencies for—
‘‘(1) the elimination, reduction, or prevention of
minority group isolation in elementary and sec-
ondary schools with substantial proportions of mi-
nority students;
‘‘(2) the development and implementation of
magnet school projects that will assist local edu-
397
cational agencies in achieving systemic reforms and
providing all students the opportunity to meet chal-
lenging State content standards and challenging
State student performance standards;
‘‘(3) the development and design of innovative
educational methods and practices that promote di-
versity and increase choices in public elementary and
secondary schools and educational programs; and
‘‘(4) courses of instruction within magnet
schools that will substantially strengthen the knowl-
edge of academic subjects and the grasp of tangible
and marketable vocational and technical skills of
students attending such schools.
‘‘SEC. 5103. PROGRAM AUTHORIZED.
‘‘The Secretary, in accordance with this part, is au-
thorized to make grants to eligible local educational agen-
cies, and consortia of such agencies where appropriate, to
carry out the purpose of this part for magnet schools that
are—
‘‘(1) part of an approved desegregation plan;
and
‘‘(2) designed to bring students from different
social, economic, ethnic, and racial backgrounds to-
gether.
398
‘‘SEC. 5104. DEFINITION.
‘‘For the purposes of this part, the term ‘magnet
school’ means a public elementary or secondary school or
public elementary or secondary education center that of-
fers a special curriculum capable of attracting substantial
numbers of students of different racial backgrounds.
‘‘SEC. 5105. ELIGIBILITY.
‘‘A local educational agency, or consortium of such
agencies where appropriate, is eligible to receive assistance
under this part to carry out the purposes of this part if
such agency or consortium—
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United
States, or a court of any State, or any other State
agency or official of competent jurisdiction, that re-
quires the desegregation of minority-group-seg-
regated children or faculty in the elementary and
secondary schools of such agency; or
‘‘(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies under this part, adopt
and implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minor-
399
ity-group-segregated children or faculty in such
schools.
‘‘SEC. 5106. APPLICATIONS AND REQUIREMENTS.
‘‘(a) APPLICATIONS.—An eligible local educational
agency or consortium of such agencies desiring to receive
assistance under this part shall submit an application to
the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary
may reasonably require.
‘‘(b) INFORMATION AND ASSURANCES.—Each such
application shall include—
‘‘(1) a description of—
‘‘(A) how assistance made available under
this part will be used to promote desegregation,
including how the proposed magnet school
project will increase interaction among students
of different social, economic, ethnic, and racial
backgrounds;
‘‘(B) the manner and extent to which the
magnet school project will increase student
achievement in the instructional area or areas
offered by the school;
‘‘(C) how an applicant will continue the
magnet school project after assistance under
this part is no longer available, including, if ap-
400
plicable, an explanation of why magnet schools
established or supported by the applicant with
funds under this part cannot be continued with-
out the use of funds under this part;
‘‘(D) how funds under this part will be
used to improve student academic performance
for all students attending the magnet schools;
and
‘‘(E) the criteria to be used in selecting
students to attend the proposed magnet school
projects; and
‘‘(2) assurances that the applicant will—
‘‘(A) use funds under this part for the pur-
poses specified in section 5102;
‘‘(B) employ fully qualified teachers (as de-
fined in section 1119) in the courses of instruc-
tion assisted under this part;
‘‘(C) not engage in discrimination based on
race, religion, color, national origin, sex, or dis-
ability in—
‘‘(i) the hiring, promotion, or assign-
ment of employees of the agency or other
personnel for whom the agency has any ad-
ministrative responsibility;
401
‘‘(ii) the assignment of students to
schools, or to courses of instruction within
the school, of such agency, except to carry
out the approved plan; and
‘‘(iii) designing or operating extra-
curricular activities for students;
‘‘(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school
projects equitable consideration for placement
in those projects.
‘‘SEC. 5107. PRIORITY.
‘‘In approving applications under this part, the Sec-
retary shall give priority to applicants that—
‘‘(1) demonstrate the greatest need for assist-
ance, based on the expense or difficulty of effectively
carrying out an approved desegregation plan and the
projects for which assistance is sought;
‘‘(2) propose to carry out new magnet school
projects, or significantly revise existing magnet
school projects; and
402
‘‘(3) propose to select students to attend mag-
net school projects by methods such as lottery, rath-
er than through academic examination.
‘‘SEC. 5108. USE OF FUNDS.
‘‘(a) IN GENERAL.—Grant funds made available
under this part may be used by an eligible local edu-
cational agency or consortium of such agencies—
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, con-
tinuation, or enhancement of academic programs
and services offered at magnet schools;
‘‘(2) for the acquisition of books, materials, and
equipment, including computers and the mainte-
nance and operation thereof, necessary for the con-
duct of programs in magnet schools;
‘‘(3) for the payment, or subsidization of the
compensation, of elementary and secondary school
teachers who are fully qualified, and instructional
staff where applicable, who are necessary for the
conduct of programs in magnet schools;
‘‘(4) with respect to a magnet school program
offered to less than the entire student population of
a school, for instructional activities that—
‘‘(A) are designed to make available the
special curriculum that is offered by the magnet
403
school project to students who are enrolled in
the school but who are not enrolled in the mag-
net school program; and
‘‘(B) further the purposes of this part; and
‘‘(5) for activities, which may include profes-
sional development, that will build the recipient’s ca-
pacity to operate magnet school programs once the
grant period has ended.
‘‘(b) SPECIAL RULE.—Grant funds under this part
may be used in accordance with paragraphs (2) and (3)
of subsection (a) only if the activities described in such
paragraphs are directly related to improving the students’
academic performance based on the State’s challenging
content standards and challenging student performance
standards or directly related to improving the students’
reading skills or knowledge of mathematics, science, his-
tory, geography, English, foreign languages, art, or music,
or to improving vocational and technical skills.
‘‘SEC. 5109. PROHIBITIONS.
‘‘(a) TRANSPORTATION.—Grants under this part may
not be used for transportation or any activity that does
not augment academic improvement.
‘‘(b) PLANNING.—A local educational agency shall
not expend funds under this part after the third year that
404
such agency receives funds under this part for such
project.
‘‘SEC. 5110. LIMITATIONS.
‘‘(a) DURATION OF AWARDS.—A grant under this
part shall be awarded for a period that shall not exceed
3 fiscal years.
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local
educational agency may expend for planning not more
than 50 percent of the funds received under this part for
the first year of the project, 15 percent of such funds for
the second such year, and 10 percent of such funds for
the third such year.
‘‘(c) AMOUNT.—No local educational agency or con-
sortium awarded a grant under this part shall receive
more than $4,000,000 under this part in any 1 fiscal year.
‘‘(d) TIMING.—To the extent practicable, the Sec-
retary shall award grants for any fiscal year under this
part not later than July 1 of the applicable fiscal year.
‘‘SEC. 5111. EVALUATIONS.
‘‘(a) RESERVATION.—The Secretary may reserve not
more than 2 percent of the funds appropriated under sec-
tion 5112(a) for any fiscal year to carry out evaluations,
technical assistance, and dissemination projects with re-
spect to magnet school projects and programs assisted
under this part.
405
‘‘(b) CONTENTS.—Each evaluation described in sub-
section (a), at a minimum, shall address—
‘‘(1) how and the extent to which magnet school
programs lead to educational quality and improve-
ment;
‘‘(2) the extent to which magnet school pro-
grams enhance student access to quality education;
‘‘(3) the extent to which magnet school pro-
grams lead to the elimination, reduction, or preven-
tion of minority group isolation in elementary and
secondary schools with substantial proportions of mi-
nority students; and
‘‘(4) the extent to which magnet school pro-
grams differ from other school programs in terms of
the organizational characteristics and resource allo-
cations of such magnet school programs.
‘‘SEC. 5112. AUTHORIZATION OF APPROPRIATIONS; RES-
ERVATION.
‘‘(a) AUTHORIZATION.—For the purpose of carrying
out this part, there are authorized to be appropriated
$150,000,000 for fiscal year 2002 and such sums as may
be necessary for each of fiscal years 2004 through 2006.
‘‘(b) AVAILABILITY
OF FUNDS
FOR GRANTS
TO
AGENCIES NOT PREVIOUSLY ASSISTED.—In any fiscal
year for which the amount appropriated pursuant to sub-
406
section (a) exceeds $75,000,000, the Secretary shall give
priority to using such amounts in excess of $75,000,000
to award grants to local educational agencies or consortia
of such agencies that did not receive a grant under this
part in the preceding fiscal year.
‘‘SEC. 5113. INNOVATIVE PROGRAMS.
‘‘(a) IN GENERAL.—From amounts reserved under
subsection (d) for each fiscal year, the Secretary shall
award grants to local educational agencies or consortia of
such agencies described in section 5105 to enable such
agencies or consortia to conduct innovative programs
that—
‘‘(1) involve innovative strategies other than
magnet schools, such as neighborhood or community
model schools, to support desegregation of schools
and to reduce achievement gaps;
‘‘(2) assist in achieving systemic reforms and
providing all students the opportunity to meet chal-
lenging State and local content standards and chal-
lenging State and local student performance stand-
ards; and
‘‘(3) include innovative educational methods
and practices that—
‘‘(A) are organized around a special em-
phasis, theme, or concept; and
407
‘‘(B) involve extensive parent and commu-
nity involvement.
‘‘(b) APPLICABILITY.—Sections 5103, 5106, 5107,
and 5108 shall not apply to grants awarded under sub-
section (a).
‘‘(c) APPLICATIONS.—Each local educational agency
or consortium of such agencies desiring a grant under this
section shall submit an application to the Secretary at
such time, in such manner, and containing such informa-
tion and assurances as the Secretary may reasonably re-
quire.
‘‘(d) INNOVATIVE PROGRAMS.—The Secretary shall
reserve not more than 5 percent of the funds appropriated
under section 5112(a) for each fiscal year to award grants
under this section.’’.
SEC. 502. WOMEN’S EDUCATIONAL EQUITY.
Part B of title V is amended—
(1) by redesignating sections 5201 through
5208 as sections 5151 through 5158, respectively;
and
(2) section 5158 (as so redesignated) is amend-
ed to read as follows:
‘‘SEC. 5158. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $5,000,000 for fiscal year
408
2002 and such sums as may be necessary for each of the
4 succeeding fiscal years, of which not less than two-thirds
of the amount appropriated under this section for each
fiscal year shall be available to carry out the activities de-
scribed in section 5153(b)(1).’’.
SEC. 503. FUND FOR THE IMPROVEMENT OF EDUCATION.
Part A of title X is redesignated as part C of title
V and is amended to read as follows:
‘‘PART C—FUND FOR THE IMPROVEMENT OF
EDUCATION
‘‘SEC. 5201. FUND FOR THE IMPROVEMENT OF EDUCATION.
‘‘(a) FUND AUTHORIZED.—From funds appropriated
under subsection (e), the Secretary is authorized to sup-
port nationally significant programs and projects to im-
prove the quality of elementary and secondary education,
assist all students to meet challenging State content
standards and challenging State student performance
standards. The Secretary is authorized to carry out such
programs and projects directly or through grants to, or
contracts with, State and local educational agencies, insti-
tutions of higher education, and other public and private
agencies, organizations, and institutions.
‘‘(b) USES OF FUNDS.—Funds under this section
may be used for—
409
‘‘(1) activities that will promote systemic edu-
cation reform at the State and local levels, such as—
‘‘(A) research and development related to
challenging State content and challenging State
student performance standards;
‘‘(B) the development and evaluation of
model strategies for—
‘‘(i) assessment of student learning;
‘‘(ii) professional development for
teachers and administrators;
‘‘(iii) parent and community involve-
ment; and
‘‘(iv) other aspects of systemic reform;
‘‘(C) developing and evaluating strategies
for eliminating ability-grouping practices, and
developing policies and programs that place all
students on a college-preparatory path of study,
particularly in academic fields such as mathe-
matics, science, English, and social studies, in-
cluding comprehensive inservice programs for
teachers and pupil services personnel and aca-
demic enrichment programs that supplement
regular courses for students;
410
‘‘(D) developing and evaluating programs
that directly involve parents and family mem-
bers in the academic progress of their children;
‘‘(E) developing and evaluating strategies
for integrating instruction and assessment such
that teachers and administrators can focus on
what students should know and be able to do at
particular grade levels, which instruction shall
promote the synthesis of knowledge, encour-
aging the development of problem-solving skills
drawing on a vast range of disciplines, and pro-
moting the development of higher order think-
ing by all students; and
‘‘(F) developing and evaluating strategies
for supporting professional development for
teachers across all disciplines that is consistent
with the requirements of title II and for pupil
services personnel, guidance counselors, and ad-
ministrators, including inservice training that
improves the skills of pupil services personnel,
counselors and administrators for working with
students from diverse populations;
‘‘(2) demonstrations at the State and local lev-
els that are designed to yield nationally significant
412
‘‘(12) programs designed to promote gender eq-
uity in education by evaluating and eliminating gen-
der bias in instruction and educational materials,
identifying, and analyzing gender inequities in edu-
cational practices, and implementing and evaluating
educational policies and practices designed to
achieve gender equity;
‘‘(13) programs designed to reduce excessive
student mobility, retain students who move within a
school district at the same school, educate parents
about the effect of mobility on a child’s education
and encourage parents to participate in school activi-
ties;
‘‘(14) experiential-based learning, such as serv-
ice-learning;
‘‘(15) the development and expansion of public-
private partnership programs which extend the
learning experience, via computers, beyond the class-
room environment into student homes through such
programs as the Buddy System Computer Project;
‘‘(16) activities to promote child abuse edu-
cation and prevention programs;
‘‘(17) activities to raise standards and expecta-
tions for academic achievement among all students,
413
especially disadvantaged students traditionally un-
derserved in schools;
‘‘(18) activities to provide the academic sup-
port, enrichment and motivation to enable all stu-
dents to reach such standards;
‘‘(19) demonstrations relating to the planning
and evaluations of the effectiveness of projects under
which local educational agencies or schools contract
with private management organizations to reform a
school or schools;
‘‘(20) demonstration programs providing pre-
natal and counseling to pregnant students with such
education and counseling emphasizing the impor-
tance of prenatal care, the value of sound diet and
nutrition habits, and the harmful effects of smoking,
alcohol, and substance abuse on fetal development;
‘‘(21) the development, implementation, and
evaluation of programs that are designed to foster
student community service, encourage responsible
citizenship and improve academic learning, and give
students the opportunity to apply what they learn
in the classroom to meet actual community needs;
‘‘(22) activities to assist all students to meet
challenging State standards;
414
‘‘(23) grants to establish cultural education
centers;
‘‘(24) grants to museums to operate Indian
education programs in public schools;
‘‘(25) programs or activities designed to im-
prove academic achievement through innovative
partnerships between local educational agencies and
teachers unions;
‘‘(26) programs to hire and support school
nurses;
‘‘(27) programs under sections 5202, 5203, and
5204; and
‘‘(28) other programs and projects that meet
the purposes of this section.
‘‘(c) AWARDS.—
‘‘(1) IN GENERAL.—The Secretary may—
‘‘(A) make awards under this section on
the basis of competitions announced by the Sec-
retary; and
‘‘(B) support meritorious unsolicited pro-
posals.
‘‘(2) GOALS.—An applicant for an award under
this section, shall—
‘‘(A) establish clear goals and objectives
for its project under this part; and
415
‘‘(B) describe the activities it will carry out
in order to meet the goals and objectives of its
project.
‘‘(3) SECRETARIAL
DISCRETION.—The Sec-
retary may—
‘‘(A) require recipients of awards under
this section to provide matching funds from
non-Federal sources; and
‘‘(B) limit competitions to particular types
of entities, such as State or local educational
agencies.
‘‘(4) PEER REVIEW.—The Secretary shall use a
peer review process in reviewing applications for as-
sistance under this section and may use funds ap-
propriated under subsection (e) for the cost of such
peer review.
‘‘(d) EVALUATION AND PROGRAM DEVELOPMENT.—
‘‘(1) IN GENERAL.—Each recipient of a grant
under this section shall submit to the Secretary a
comprehensive evaluation of the effects of its pro-
gram assisted under this part, including its impact
on students, teachers, administrators, parents and
others—
‘‘(A) at the mid-point of the program; and
416
‘‘(B) not later than 1 year after the com-
pletion of the program.
‘‘(2) EFFECTIVENESS.—Evaluations under this
subsection shall focus on the effectiveness of the pro-
gram in achieving its goals and objectives.
‘‘(e) AUTHORIZATION.—For the purpose of carrying
out this section, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2002 and
each of the 4 succeeding fiscal years.
‘‘SEC. 5202. STATE AND LOCAL CHARACTER EDUCATION
PROGRAM.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) The Secretary may make grants to State
educational agencies, local educational agencies, or
consortia of such agencies for the design and imple-
mentation of character education programs.
‘‘(2) Each grant under this section shall be
awarded for a period not to exceed 5 years, of which
the recipient shall use not more than 1 year for
planning and program design.
‘‘(b) APPLICATIONS.—
‘‘(1) Each applicant desiring a grant under this
section shall submit an application to the Secretary
at such time and in such manner as the Secretary
may require.
417
‘‘(2) Each application under this section shall
include—
‘‘(A) a description of any partnerships and
other collaborative efforts between the applicant
and other educational agencies;
‘‘(B) a description of the programs goals
and objectives;
‘‘(C) a description of the activities the ap-
plicant will carry out, and how these activities
are designed to meet the programs goals and
objectives under subparagraph (B), including—
‘‘(i) how parents, students, and other
members of the community, including
members of private and nonprofit organi-
zations, will be involved in the design and
implementation of the program;
‘‘(ii) the curriculum and instructional
practices that will be used or developed;
and
‘‘(iii) the methods of teacher training
and parent education that will be used or
developed;
‘‘(D) a description of how the program will
be linked to other efforts to improve educational
outcomes, including—
418
‘‘(i) broader educational reforms that
are being instituted by the applicant or its
partners; and
‘‘(ii) applicable State and local stand-
ards for student performance;
‘‘(E) a description of how the appli-
cant will evaluate the progress of its pro-
gram in meeting the goals and objectives
under subparagraph (B), including the
performance indicators that will be used to
measure progress; and
‘‘(F) such other information as the Sec-
retary may require.
‘‘(c) DIVERSITY OF PROJECTS.—The Secretary shall
make awards under this section that, to the extent prac-
ticable, support programs that serve different geographic
areas of the Nation, including urban, suburban, and rural
areas.
‘‘SEC. 5203. CHARACTER EDUCATION RESEARCH, DISSEMI-
NATION, AND EVALUATION.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
make grants, or enter into contracts or cooperative agree-
ments with, State educational agencies, local educational
agencies, institutions of higher education, tribal organiza-
tions, and other public or private agencies or organizations
419
to carry out research, development, dissemination, tech-
nical assistance, and evaluation activities that support or
inform character education programs under section 5202.
‘‘(b) USE OF FUNDS.—Consistent with subsection
(a), funds under this section may be used—
‘‘(1) to conduct research and development ac-
tivities that focus on such matters as—
‘‘(A) the effectiveness of instructional mod-
els;
‘‘(B) materials and curricula that can be
used by programs in character education;
‘‘(C) models of professional development in
character education; and
‘‘(D) the development of outcome measures
for character education programs;
‘‘(2) to provide technical assistance to the agen-
cies receiving awards under section 5202, particu-
larly on matters of program evaluation;
‘‘(3) to conduct a national evaluation of pro-
grams under section 5202; and
‘‘(4) to compile and disseminate, through var-
ious approaches, such as a national clearinghouse—
‘‘(A) information on model character edu-
cation programs;
420
‘‘(B) character education materials and
curricula;
‘‘(C) research findings in the area of char-
acter education and character development; and
‘‘(D) any other information that will be
useful to character education program partici-
pants and other educators and administrators,
nationwide.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated, $50,000,000 for fiscal
year 2002 and such sums as may be necessary for the
4 subsequent fiscal years to carry out sections 5202 and
5203.
‘‘SEC. 5204. SMALLER LEARNING COMMUNITIES.
‘‘(a) IN GENERAL.—Each local educational agency
desiring a grant under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
require. Each such application shall describe—
‘‘(1) strategies and methods the applicant will
use to create the smaller learning community or
communities;
‘‘(2) curriculum and instructional practices, in-
cluding any particular themes or emphases, to be
used in the learning environment;
421
‘‘(3) the extent of involvement of teachers and
other school personnel in investigating, designing,
implementing and sustaining the smaller learning
community or communities;
‘‘(4) the process to be used for involving stu-
dents, parents and other stakeholders in the develop-
ment and implementation of the smaller learning
community or communities;
‘‘(5) any cooperation or collaboration among
community agencies, organizations, businesses, and
others to develop or implement a plan to create the
smaller learning community or communities;
‘‘(6) the training and professional development
activities that will be offered to teachers and others
involved in the activities assisted under this part;
‘‘(7) the goals and objectives of the activities
assisted under this part, including a description of
how such activities will better enable all students to
reach challenging State content standards and State
student performance standards;
‘‘(8) the methods by which the applicant will
assess progress in meeting such goals and objectives;
‘‘(9) if the smaller learning community or com-
munities exist as a school-within-a-school, the rela-
tionship, including governance and administration,
422
of the smaller learning community to the rest of the
school;
‘‘(10) a description of the administrative and
managerial relationship between the local edu-
cational agency and the smaller learning community
or communities, including how such agency will dem-
onstrate a commitment to the continuity of the
smaller learning community or communities, includ-
ing the continuity of student and teacher assignment
to a particular learning community;
‘‘(11) how the applicant will coordinate or use
funds provided under this part with other funds pro-
vided under this Act or other Federal laws;
‘‘(12) grade levels or ages of students who will
participate in the smaller learning community or
communities; and
‘‘(13) the method of placing students in the
smaller learning community or communities, such
that students are not placed according to ability,
performance or any other measure, so that students
are placed at random or by their own choice, not
pursuant to testing or other judgments.
‘‘(b) AUTHORIZED ACTIVITIES.—Funds made avail-
able under this section may be used—
423
‘‘(1) to study the feasibility of creating the
smaller learning community or communities as well
as effective and innovative organizational and in-
structional strategies that will be used in the smaller
learning community or communities;
‘‘(2) to research, develop and implement strate-
gies for creating the smaller learning community or
communities, as well as effective and innovative
changes in curriculum and instruction, geared to
high State content standards and State student per-
formance standards;
‘‘(3) to design and construct improvements
which improve the learning environment, including
appropriate use of daylighting, advanced energy con-
servation technologies, and renewable energy;
‘‘(4) to provide professional development for
school staff in innovative teaching methods that
challenge and engage students to be used in the
smaller learning community or communities; and
‘‘(5) to develop and implement strategies to in-
clude parents, business representatives, local institu-
tions of higher education, community-based organi-
zations, and other community members in the small-
er learning communities, as facilitators of activities
that enable teachers to participate in professional
424
development activities, as well as to provide links be-
tween students and their community.
‘‘(c) SECRETARY’S ACTIVITIES.—The Secretary may
reserve up to 5 percent of the funding provided under sub-
section (d) for evaluation, technical assistance, and school
networking.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated $200,000,000 for fiscal
year 2002 and such sums as may be necessary for the
4 succeeding fiscal years to carry out this section.’’.
SEC. 504. AMENDMENT TO ESEA RELATING TO GIFTED AND
TALENTED CHILDREN.
Part B of title X is redesignated as part D of title
V and is amended to read as follows:
‘‘PART D—GIFTED AND TALENTED CHILDREN
‘‘SEC. 5251. SHORT TITLE.
‘‘This part may be cited as the ‘Jacob K. Javits Gift-
ed and Talented Students Education Act of 2001’.
‘‘SEC. 5252. FINDINGS.
‘‘The Congress finds the following:
‘‘(1) Due to the wide dispersal of students who
are gifted and talented and the national interest in
a well-educated populace, the Federal Government
can most effectively and appropriately conduct sci-
entifically based research and development to pro-
425
vide an infrastructure and to ensure that there is a
national capacity to educate students who are gifted
and talented to meet the needs of the 21st century.
‘‘(2) State and local educational agencies often
lack the specialized resources and trained personnel
to consistently plan and implement effective pro-
grams for the identification of gifted and talented
students and for the provision of educational services
and programs appropriate for their needs.
‘‘(3) Because gifted and talented students gen-
erally are more advanced academically, are able to
learn more quickly, and study in more depth and
complexity than others their age, their educational
needs require opportunities and experiences that are
different from those generally available in regular
education programs.
‘‘(4) Typical elementary school students who
are academically gifted and talented already have
mastered 35 to 50 percent of the school year’s con-
tent in several subject areas before the year begins.
Without an advanced and challenging curriculum,
they often lose their motivation and develop poor
study habits that are difficult to break.
426
‘‘SEC. 5253. CONDITIONS ON EFFECTIVENESS OF SUBPARTS
1 AND 2.
‘‘(a) SUBPART 1.—Subpart 1 shall be in effect only
for a fiscal year for which subpart 2 is not in effect.
‘‘(b) SUBPART 2.—
‘‘(1) IN GENERAL.—Subpart 2 shall be in effect
only for—
‘‘(A) the first fiscal year for which the
amount appropriated to carry out this part
equals or exceeds $50,000,000; and
‘‘(B) all succeeding fiscal years.
‘‘(2) CONTINUATION
OF
AWARDS.—Notwith-
standing any other provision of this part, a State re-
ceiving a grant under subpart 2—
‘‘(A) shall give special consideration to a
request for the continuation of an award within
the State, made by any public or private agen-
cy, institution, or organization that was award-
ed a grant or contract under subpart 1 for a
fiscal year for which such subpart was in effect;
and
‘‘(B) may use funds received under such
grant for the purpose of permitting the agency,
institution, or organization to continue to re-
ceive funds in accordance with the terms of
427
such award until the date on which the award
period terminates under such terms.
‘‘Subpart 1—Discretionary Grant Program
‘‘SEC. 5261. PURPOSE.
‘‘The purpose of this subpart is to initiate a coordi-
nated program of scientifically based research, demonstra-
tion projects, innovative strategies, and similar activities
designed to build a nationwide capability in elementary
and secondary schools to meet the special educational
needs of gifted and talented students.
‘‘SEC. 5262. GRANTS TO MEET EDUCATIONAL NEEDS OF
GIFTED AND TALENTED STUDENTS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN
GENERAL.—Subject to section 5253,
from the sums available to carry out this subpart in
any fiscal year, the Secretary (after consultation
with experts in the field of the education of gifted
and talented students) shall make grants to, or enter
into contracts with, State educational agencies, local
educational agencies, institutions of higher edu-
cation, other public agencies, and other private agen-
cies and organizations (including Indian tribes and
Indian organizations (as such terms are defined in
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b)) and Native
428
Hawaiian organizations) to assist such agencies, in-
stitutions, and organizations in carrying out pro-
grams or projects authorized by this subpart that
are designed to meet the educational needs of gifted
and talented students, including the training of per-
sonnel in the education of gifted and talented stu-
dents and in the use, where appropriate, of gifted
and talented services, materials, and methods for all
students.
‘‘(2) APPLICATION.—Each entity desiring as-
sistance under this subpart shall submit an applica-
tion to the Secretary at such time, in such manner,
and containing such information as the Secretary
may reasonably require. Each such application shall
describe how—
‘‘(A) the proposed gifted and talented serv-
ices, materials, and methods can be adapted, if
appropriate, for use by all students; and
‘‘(B) the proposed programs can be evalu-
ated.
‘‘(b) USES OF FUNDS.—Programs and projects as-
sisted under this subpart may include the following:
‘‘(1) Carrying out—
‘‘(A) scientifically based research on meth-
ods and techniques for identifying and teaching
429
gifted and talented students, and for using gift-
ed and talented programs and methods to serve
all students; and
‘‘(B) program evaluations, surveys, and the
collection, analysis, and development of infor-
mation needed to accomplish the purpose of this
subpart.
‘‘(2) Professional development (including fellow-
ships) for personnel (including leadership personnel)
involved in the education of gifted and talented stu-
dents.
‘‘(3) Establishment and operation of model
projects and exemplary programs for serving gifted
and talented students, including innovative methods
for identifying and educating students who may not
be served by traditional gifted and talented pro-
grams, including summer programs, mentoring pro-
grams, service learning programs, and cooperative
programs involving business, industry, and edu-
cation.
‘‘(4) Implementing innovative strategies, such
as cooperative learning, peer tutoring and service
learning.
‘‘(5) Programs of technical assistance and in-
formation dissemination, including assistance and
430
information with respect to how gifted and talented
programs and methods, where appropriate, may be
adapted for use by all students.
‘‘(c) COORDINATION.—Scientifically based research
activities supported under this subpart—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to ensure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by such Office; and
‘‘(2) may include collaborative scientifically
based research activities which are jointly funded
and carried out with such Office.
‘‘SEC. 5263. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In the administration of
this subpart, the Secretary shall give highest priority to
programs and projects designed to develop new informa-
tion that—
‘‘(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
‘‘(2) assists schools in the identification of, and
provision of services to, gifted and talented students
who may not be identified and served through tradi-
tional assessment methods (including economically
431
disadvantaged individuals, individuals of limited
English proficiency, and individuals with disabil-
ities).
‘‘(b) SERVICE PRIORITY.—In approving applications
for assistance under section 5262(a)(2), the Secretary
shall ensure that in each fiscal year at least one-half of
the applications approved under such section address the
priority described in subsection (a)(2).
‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
CIES FOR AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—For fiscal year 2002 and
succeeding fiscal years, the Secretary shall ensure
that a percentage of the excess amount described in
paragraph (2) is used to increase (in proportion to
any increases in such excess amounts) the number
and size of the grants under this subpart to State
educational agencies to begin implementing activities
described in section 5272(b) through competitive
subgrants to local educational agencies.
‘‘(2) EXCESS AMOUNT.—For purposes of para-
graph (1), the excess amount described in this para-
graph is, for fiscal year 2002 and succeeding fiscal
years, the amount (if any) by which the funds ap-
propriated to carry out this subpart for the year ex-
ceed such funds for fiscal year 2001.
432
‘‘SEC. 5264. GENERAL PROVISIONS FOR SUBPART.
‘‘(a) REVIEW, DISSEMINATION, AND EVALUATION.—
The Secretary—
‘‘(1) shall use a peer review process in review-
ing applications under this subpart;
‘‘(2) shall ensure that information on the activi-
ties and results of programs and projects funded
under this subpart is disseminated to appropriate
State and local educational agencies and other ap-
propriate organizations, including nonprofit private
organizations; and
‘‘(3) shall evaluate the effectiveness of pro-
grams under this subpart in accordance with section
11501, both in terms of the impact on students tra-
ditionally served in separate gifted and talented pro-
grams and on other students, and submit the results
of such evaluation to the Congress not later than 2
years after the date of the enactment of the Excel-
lence and Accountability in Education Act.
‘‘(b) PROGRAM OPERATIONS.—The Secretary shall
ensure that the programs under this subpart are adminis-
tered within the Department by a person who has recog-
nized professional qualifications and experience in the field
of the education of gifted and talented students and who—
‘‘(1) shall administer and coordinate the programs
authorized under this subpart;
433
‘‘(2) shall serve as a focal point of national
leadership and information on the educational needs
of gifted and talented students and the availability
of educational services and programs designed to
meet such needs; and
‘‘(3) shall assist the Assistant Secretary of the
Office of Educational Research and Improvement in
identifying research priorities which reflect the needs
of gifted and talented students.
‘‘Subpart 2—Formula Grant Program
‘‘SEC. 5271. PURPOSE.
‘‘The purpose of this subpart is to provide grants to
States to support programs, teacher preparation, and
other services designed to meet the needs of the Nation’s
gifted and talented students in elementary and secondary
schools.
‘‘SEC. 5272. ESTABLISHMENT OF PROGRAM; USE OF FUNDS.
‘‘(a) IN GENERAL.—In the case of each State that
in accordance with section 5274 submits to the Secretary
an application for a fiscal year, subject to section 5253,
the Secretary shall make a grant for the year to the State
for the uses specified in subsection (b). The grant shall
consist of the allotment determined for the State under
section 5273.
434
‘‘(b) AUTHORIZED ACTIVITIES.—Each State receiv-
ing a grant under this subpart shall use the funds pro-
vided under the grant to assist local educational agencies
to develop or expand gifted and talented education pro-
grams through one or more of the following activities:
‘‘(1) Development and implementation of pro-
grams to address State and local needs for in-service
training programs for general educators, specialists
in gifted and talented education, administrators, or
other personnel at the elementary and secondary lev-
els.
‘‘(2) Making materials and services available
through State regional educational service centers,
institutions of higher education, or other entities.
‘‘(3) Supporting innovative approaches and cur-
ricula used by local educational agencies (or con-
sortia of such agencies) or schools or (consortia of
schools).
‘‘(4) Providing funds for challenging, high-level
course work, disseminated through new and emerg-
ing technologies (including distance learning), for in-
dividual students or groups of students in schools
and local educational agencies that do not have the
resources otherwise to provide such course work.
435
‘‘(c) COMPETITIVE PROCESS.—A State receiving a
grant under this subpart shall distribute at least 95 per-
cent of the amount of the grant to local educational agen-
cies through a competitive process that results in an equi-
table distribution by geographic area within the State.
‘‘(d) LIMITATIONS ON USE OF FUNDS.—
‘‘(1) COURSE
WORK
PROVIDED
THROUGH
EMERGING
TECHNOLOGIES.—Activities under sub-
section (b)(4) may include development of cur-
riculum packages, compensation of distance-learning
educators, or other relevant activities, but funds pro-
vided under this subpart may not be used for the
purchase or upgrading of technological hardware.
‘‘(2) ADMINISTRATIVE COSTS.—A State receiv-
ing a grant under this subpart may use not more
than 5 percent of the amount of the grant for State
administrative costs.
‘‘SEC. 5273. ALLOTMENTS TO STATES.
‘‘(a) RESERVATION OF FUNDS.—From the amount
made available to carry out this subpart for any fiscal
year, the Secretary shall reserve one-half of 1 percent for
the Secretary of the Interior for programs under this sub-
part for teachers, other staff, and administrators in
schools operated or funded by the Bureau of Indian Af-
fairs.
436
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall allot the total amount
made available to carry out this subpart for any fis-
cal year and not reserved under subsection (a) to the
50 States, the District of Columbia, and the Com-
monwealth of Puerto Rico on the basis of their rel-
ative populations of individuals aged 5 through 17,
as determined by the Secretary on the basis of the
most recent satisfactory data.
‘‘(2) MINIMUM GRANT AMOUNT.—No State re-
ceiving an allotment under paragraph (1) may re-
ceive less than 1⁄4 of 1 percent of the total amount
allotted under such paragraph.
‘‘(c) REALLOTMENT.—If any State does not apply for
an allotment under this section for any fiscal year, the
Secretary shall reallot such amount to the remaining
States in accordance with this section.
‘‘SEC. 5274. APPLICATION.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably
require.
437
‘‘(b) CONTENTS.—Each application under this sec-
tion shall include assurances that—
‘‘(1) funds received under this subpart will be
used to support gifted and talented students in pub-
lic schools and public charter schools, including stu-
dents from all economic, ethnic, and racial back-
grounds, students of limited English proficiency, stu-
dents with disabilities, and highly gifted students;
‘‘(2) not less than 95 percent of the amount of
the funds provided under the grant shall be used for
the purpose of making, in accordance with this sub-
part and on a competitive basis, subgrants to local
educational agencies;
‘‘(3) funds received under this subpart shall be
used only to supplement, but not supplant, the
amount of State and local funds expended for spe-
cialized education and related services provided for
the education of gifted and talented students; and
‘‘(4) the State shall develop procedures to
evaluate program effectiveness.
‘‘(c) APPROVAL.—To the extent funds are made
available for this subpart, the Secretary shall approve an
application of a State if such application meets the re-
quirements of this section.
438
‘‘SEC. 5275. ANNUAL REPORTING.
‘‘Beginning 1 year after the date of the enactment
of the Excellence and Accountability in Education Act, a
State receiving a grant under this subpart shall submit
an annual report to the Secretary that describes the num-
ber of students served and the activities supported with
funds provided under this subpart. The report shall in-
clude a description of the measures taken to comply with
paragraphs (1) and (4) of section 5274(b). To the extent
practicable and otherwise authorized by law, this report
shall be submitted as part of any consolidated State per-
formance report for State formula grant programs under
this Act.
‘‘Subpart 3—National Center for Research and Devel-
opment in the Education of Gifted and Talented
Children and Youth
‘‘SEC. 5281. CENTER FOR RESEARCH AND DEVELOPMENT.
‘‘(a) IN GENERAL.—The Secretary (after consulta-
tion with experts in the field of the education of gifted
and talented students) shall establish a National Center
for Research and Development in the Education of Gifted
and Talented Children and Youth through grants to or
contracts with one or more institutions of higher education
or State educational agencies, or a combination or consor-
tium of such institutions and agencies and other public
439
or private agencies and organizations, for the purpose of
carrying out activities described in section 5273(b)(1).
‘‘(b) DIRECTOR.—Such National Center shall have a
Director. The Secretary may authorize the Director to
carry out such functions of the National Center as may
be agreed upon through arrangements with institutions of
higher education, State or local educational agencies, or
other public or private agencies and organizations.
‘‘(c) COORDINATION.—Scientifically based research
activities supported under this subpart—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to ensure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by such Office; and
‘‘(2) may include collaborative scientifically
based research activities which are jointly funded
and carried out with such Office.
‘‘Subpart 4—General Provisions
‘‘SEC. 5291. CONSTRUCTION.
‘‘Nothing in this part shall be construed to prohibit
a recipient of funds under this part from serving gifted
and talented students simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
440
‘‘SEC. 5292. PARTICIPATION OF PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘In making grants and entering into contracts under
this part, the Secretary shall ensure, where appropriate,
that provision is made for the equitable participation of
students and teachers in private nonprofit elementary and
secondary schools, including the participation of teachers
and other personnel in professional development programs
serving such children.
‘‘SEC. 5293. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SUBPART 1 OR 2.—Subject to section 5253,
there are authorized to be appropriated $20,000,000 to
carry out subpart 1 or 2 for fiscal year 2002 and such
sums as may be necessary for each of fiscal years 2003
through 2006.
‘‘(b) SUBPART 3.—There are authorized to be appro-
priated to carry out subpart 3 for fiscal year 2002
$1,950,000 and such sums as may be necessary for each
of fiscal years 2002 through 2006.’’.
SEC. 505. CHARTER SCHOOLS.
(a) REDESIGNATIONS.—Part F of title X is redesig-
nated as part E of title V and sections 10301 through
10311 are redesignated as sections 5301 through 5311,
respectively.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
5311 (as so redesignated) to read as follows:
441
‘‘SEC. 5311. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $250,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
4 succeeding fiscal years.’’.
SEC. 506. ARTS IN EDUCATION.
(a) REDESIGNATIONS.—Part D of title X is repealed,
except for subpart 1. Subpart 1 of part D of title X is
redesignated as part F of title V and section 10401 is
redesignated as section 5351.
(b) AUTHORIZATION
OF
APPROPRIATIONS.—Sub-
section (f) of section 5351 (as so redesignated) is amended
to read as follows:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated $35,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 4 suc-
ceeding fiscal years.
(c) SUBPART REFERENCES.—Section 5351 (as so re-
designated) is amended by striking ‘‘this subpart’’ each
place it appears and inserting ‘‘this part’’.
SEC. 507. INEXPENSIVE BOOK DISTRIBUTION PROGRAM.
(a) REDESIGNATION.—Part E of title X is redesig-
nated as part G of title V and section 10501 is redesig-
nated as section 5401.
442
(b) AUTHORIZATION
OF
APPROPRIATIONS.—Sub-
section (e) of section 5401 (as so redesignated) is amended
to read as follows:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated $28,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 4 suc-
ceeding fiscal years.’’.
SEC. 508. CIVIC EDUCATION.
Part F of title X is redesignated as part H of title
V and is amended to read as follows:
‘‘PART H—CIVIC EDUCATION
‘‘SEC. 5451. SHORT TITLE.
‘‘This part may be cited as the ‘Education for De-
mocracy Act’.
‘‘SEC. 5452. FINDINGS.
‘‘The Congress finds that—
‘‘(1) college freshmen surveyed in 1999 by the
Higher Education Research Institute at the Univer-
sity of California at Los Angeles demonstrated high-
er levels of disengagement, both academically and
politically, than any previous entering class of stu-
dents;
‘‘(2) college freshmen in 1999 demonstrated the
lowest levels of political interest in the 20-year his-
443
tory of surveys conducted by the Higher Education
Research Institute at the University of California at
Los Angeles;
‘‘(3) United States secondary school students
expressed relatively low levels of interest in politics
and economics in a 1999 Harris survey;
‘‘(4) the 32d Annual Phi Delta Kappa/Gallup
Poll of 2000 indicated that preparing students to be-
come responsible citizens was the most important
purpose of public schools;
‘‘(5) Americans surveyed by the Organization of
Economic Cooperation and Development indicated
that only 59 percent had confidence that schools
have a major effect on the development of good citi-
zenship;
‘‘(6) teachers too often do not have sufficient
expertise in the subjects that they teach, and half of
all secondary school history students in America are
being taught by teachers with neither a major nor
a minor in history;
‘‘(7) secondary school students correctly an-
swered less than half of the questions on a national
test of economic knowledge in a 1999 Harris survey;
‘‘(8) the 1998 National Assessment of Edu-
cational Progress indicated that students have only
444
superficial knowledge of, and lacked a depth of un-
derstanding regarding, civics;
‘‘(9) civic and economic education are impor-
tant not only to developing citizenship competencies
in the United States but also are critical to sup-
porting political stability and economic health in
other democracies, particularly emerging democratic
market economies;
‘‘(10) more than three quarters of Americans
surveyed by the National Constitution Center in
1997 admitted that they knew only some or very lit-
tle about the Constitution of the United States; and
‘‘(11) the Constitution of the United States is
too often viewed within the context of history and
not as a living document that shapes current events.
‘‘SEC. 5453. PURPOSE.
‘‘It is the purpose of this part—
‘‘(1) to improve the quality of civics and gov-
ernment education by educating students about the
history and principles of the Constitution of the
United States, including the Bill of Rights;
‘‘(2) to foster civic competence and responsi-
bility; and
‘‘(3) to improve the quality of civic education
and economic education through cooperative civic
445
education and economic education exchange pro-
grams with emerging democracies.
‘‘SEC. 5454. GENERAL AUTHORITY.
‘‘(a) GRANTS AND CONTRACTS.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to award grants to or enter into contracts with—
‘‘(A) the Center for Civic Education to
carry out civic education activities under sec-
tions 5455 and 5456; and
‘‘(B) the National Council on Economic
Education to carry out economic education ac-
tivities under section 5456.
‘‘(2) CONSULTATION.—The Secretary shall
award the grants and contracts under section 5456
in consultation with the Secretary of State.
‘‘(b) DISTRIBUTION.—The Secretary shall use not
more than 50 percent of the amount appropriated under
section 5457(b) for each fiscal year to carry out economic
education activities under section 5456.
‘‘SEC. 5455. WE THE PEOPLE PROGRAM.
‘‘(a) THE CITIZEN AND THE CONSTITUTION.—
‘‘(1) IN GENERAL.—The Center for Civic Edu-
cation shall use funds awarded under section
5454(a)(1)(A) to carry out The Citizen and the Con-
stitution program in accordance with this subsection.
446
‘‘(2) EDUCATIONAL
ACTIVITIES.—The Citizen
and the Constitution program—
‘‘(A) shall continue and expand the edu-
cational activities of the ‘We the People . . .
The Citizen and the Constitution’ program ad-
ministered by the Center for Civic Education;
‘‘(B) shall enhance student attainment of
challenging content standards in civics and gov-
ernment; and
‘‘(C) may provide—
‘‘(i) a course of instruction on the
basic principles of our Nation’s constitu-
tional democracy and the history of the
Constitution of the United States and the
Bill of Rights;
‘‘(ii) at the request of a participating
school, school and community simulated
congressional hearings following the course
of study;
‘‘(iii) an annual national competition
of simulated congressional hearings for
secondary school students who wish to par-
ticipate in such a program;
‘‘(iv) advanced training of teachers
about the Constitution of the United
447
States and the political system the United
States created;
‘‘(v) materials and methods of instruc-
tion, including teacher training, that utilize
the latest advancements in educational
technology; and
‘‘(vi) civic education materials and
services to address specific problems such
as the prevention of school violence and the
abuse of drugs and alcohol.
‘‘(3) AVAILABILITY
OF
PROGRAM.—The edu-
cation program authorized under this subsection
shall be made available to public and private elemen-
tary schools and secondary schools, including Bu-
reau funded schools, in the 435 congressional dis-
tricts, and in the District of Columbia, the Common-
wealth of Puerto Rico, the United States Virgin Is-
lands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands.
‘‘(b) PROJECT CITIZEN.—
‘‘(1) IN GENERAL.—The Center for Civic Edu-
cation shall use funds awarded under section
5454(a)(1)(A) to carry out The Project Citizen pro-
gram in accordance with this subsection.
448
‘‘(2) EDUCATIONAL
ACTIVITIES.—The Project
Citizen program—
‘‘(A) shall continue and expand the edu-
cational activities of the ‘We the People . . .
Project Citizen’ program administered by the
Center for Civic Education;
‘‘(B) shall enhance student attainment of
challenging content standards in civics and gov-
ernment; and
‘‘(C) may provide—
‘‘(i) a course of instruction at the
middle school level on the roles of State
and local governments in the Federal sys-
tem established by the Constitution of the
United States;
‘‘(ii) optional school and community
simulated State legislative hearings;
‘‘(iii) an annual national showcase or
competition;
‘‘(iv) advanced training of teachers on
the roles of State and local governments in
the Federal system established by the Con-
stitution of the United States;
‘‘(v) materials and methods of instruc-
tion, including teacher training, that utilize
449
the latest advancements in educational
technology; and
‘‘(vi) civic education materials and
services to address specific problems such
as the prevention of school violence and the
abuse of drugs and alcohol.
‘‘(3) AVAILABILITY
OF
PROGRAM.—The edu-
cation program authorized under this subsection
shall be made available to public and private middle
schools, including Bureau funded schools, in the 50
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands.
‘‘(c) DEFINITION OF BUREAU FUNDED SCHOOL.—
In this section the term ‘Bureau funded school’ has the
meaning given the term in section 1146 of the Education
Amendments of 1978.
‘‘SEC. 5456. COOPERATIVE CIVIC EDUCATION AND ECO-
NOMIC EDUCATION EXCHANGE PROGRAMS.
‘‘(a) COOPERATIVE EDUCATION EXCHANGE PRO-
GRAMS.—The Center for Civic Education and the National
Council on Economic Education shall use funds awarded
450
under section 5454(a)(1) to carry out Cooperative Edu-
cation Exchange programs in accordance with this section.
‘‘(b) PURPOSE.—The purpose of the Cooperative
Education Exchange programs provided under this section
shall be to—
‘‘(1) make available to educators from eligible
countries exemplary curriculum and teacher training
programs in civics and government education, and
economics education, developed in the United States;
‘‘(2) assist eligible countries in the adaptation,
implementation, and institutionalization of such pro-
grams;
‘‘(3) create and implement civics and govern-
ment education, and economic education, programs
for students that draw upon the experiences of the
participating eligible countries;
‘‘(4) provide a means for the exchange of ideas
and experiences in civics and government education,
and economic education, among political, edu-
cational, governmental, and private sector leaders of
participating eligible countries; and
‘‘(5) provide support for—
‘‘(A) research and evaluation to determine
the effects of educational programs on students’
development of the knowledge, skills, and traits
451
of character essential for the preservation and
improvement of constitutional democracy; and
‘‘(B) effective participation in and the
preservation and improvement of an efficient
market economy.
‘‘(c) AVOIDANCE OF DUPLICATION.—The Secretary
shall consult with the Secretary of State to ensure that—
‘‘(1) activities under this section are not dupli-
cative of other efforts in the eligible countries; and
‘‘(2) partner institutions in the eligible coun-
tries are creditable.
‘‘(d) ACTIVITIES.—The Cooperative Education Ex-
change programs shall—
‘‘(1) provide eligible countries with—
‘‘(A) seminars on the basic principles of
United States constitutional democracy and ec-
onomics, including seminars on the major gov-
ernmental and economic institutions and sys-
tems in the United States, and visits to such in-
stitutions;
‘‘(B) visits to school systems, institutions
of higher education, and nonprofit organizations
conducting exemplary programs in civics and
government education, and economic education,
in the United States;
452
‘‘(C) translations and adaptations regard-
ing United States civic and government edu-
cation, and economic education, curricular pro-
grams for students and teachers, and in the
case of training programs for teachers trans-
lations and adaptations into forms useful in
schools in eligible countries, and joint research
projects in such areas;
‘‘(D) research and evaluation assistance to
determine—
‘‘(i) the effects of the Cooperative
Education Exchange programs on stu-
dents’ development of the knowledge,
skills, and traits of character essential for
the preservation and improvement of con-
stitutional democracy; and
‘‘(ii) effective participation in and the
preservation and improvement of an effi-
cient market economy;
‘‘(2) provide United States participants with—
‘‘(A) seminars on the histories, economies,
and systems of government of eligible countries;
‘‘(B) visits to school systems, institutions
of higher education, and organizations con-
ducting exemplary programs in civics and gov-
453
ernment education, and economic education, lo-
cated in eligible countries;
‘‘(C) assistance from educators and schol-
ars in eligible countries in the development of
curricular materials on the history, government,
and economy of such countries that are useful
in United States classrooms;
‘‘(D) opportunities to provide onsite dem-
onstrations of United States curricula and ped-
agogy for educational leaders in eligible coun-
tries; and
‘‘(E) research and evaluation assistance to
determine—
‘‘(i) the effects of the Cooperative
Education Exchange programs on stu-
dents’ development of the knowledge,
skills, and traits of character essential for
the preservation and improvement of con-
stitutional democracy; and
‘‘(ii) effective participation in and im-
provement of an efficient market economy;
and
‘‘(3) assist participants from eligible countries
and the United States to participate conferences on
civics and government education, and economic edu-
454
cation, for educational leaders, teacher trainers,
scholars in related disciplines, and educational pol-
icymakers.
‘‘(e) PARTICIPANTS.—The primary participants in
the Cooperative Education Exchange programs assisted
under this section shall be educational leaders in the areas
of civics and government education, and economic edu-
cation, including teachers, curriculum and teacher train-
ing specialists, scholars in relevant disciplines, and edu-
cational policymakers, and government and private sector
leaders from the United States and eligible countries.
‘‘(f) DEFINITION.—For the purpose of this section,
the term ‘eligible country’ means a Central European
country, an Eastern European country, Lithuania, Latvia,
Estonia, the independent states of the former Soviet
Union as defined in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801), and may include the Republic of
Ireland, the province of Northern Ireland in the United
Kingdom, and any developing country, as defined in sec-
tion 209(d) of the Education for the Deaf Act, that has
a democratic form of government as determined by the
Secretary in consultation with the Secretary of State.
‘‘SEC. 5457. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SECTION 5455.—There are authorized to be ap-
propriated to carry out section 5455, $15,000,000 for fis-
455
cal year 2002 and such sums as may be necessary for each
of the fiscal years 2003 through 2006.
‘‘(b) SECTION 5456.—There are authorized to be ap-
propriated to carry out section 5456, $12,000,000 for fis-
cal year 2002 and such sums as may be necessary for each
of the fiscal years 2003 through 2006.’’.
SEC. 509. ALLEN J. ELLENDER FELLOWSHIP PROGRAM.
(a) REDESIGNATIONS.—Part G of title X is redesig-
nated as part I of title V. Section 10701 is redesignated
as section 5501. Sections 10711 and 10712 are redesig-
nated as section 5511 and 5512, respectively. Sections
10721 and 10722 are redesignated as sections 5521 and
5522, respectively. Sections 10731 and 10732 are redesig-
nated as section 5531 and 5532, respectively. Sections
10741 and 10742 are redesignated as sections 5541 and
5542, respectively.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
5542 (as so redesignated) is amended to read as follows:
‘‘SEC. 5542. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out the provisions of subparts 1, 2,
and 3 of this part $4,400,000 for fiscal year 2002 and
such sums as may be necessary of each of the 4 succeeding
fiscal years.
456
‘‘(b) SPECIAL RULE.—Of the funds appropriated
pursuant to subsection (a), not more than 30 percent may
be used for teachers associated with students participating
in the programs described in section 5511(a).’’.
SEC. 510. 21ST CENTURY COMMUNITY LEARNING CENTERS.
Part I of title X is redesignated as part J of title
V and amended to read as follows:
‘‘PART J—21ST CENTURY COMMUNITY LEARNING
CENTERS
‘‘SEC. 5551. SHORT TITLE.
‘‘This part may be cited as the ‘21st Century Com-
munity Learning Centers Act’.
‘‘SEC. 5552. FINDINGS.
The Congress finds that—
‘‘(1) a local public school often serves as a cen-
ter for the delivery of education and human re-
sources for all members of a community;
‘‘(2) evaluations show that collaboration be-
tween public schools (particularly in inner and small
cities and rural and disadvantaged suburban com-
munities) and other public and nonprofit agencies
and organizations, local businesses, educational enti-
ties, recreational, cultural, and other community and
human service entities helps to meet the needs of,
457
and expands the opportunities available to, all resi-
dents of the communities served by such schools;
‘‘(3) participation in high-quality programs can
result in better grades and conduct in school, and is
particularly beneficial for children living in high-risk
environments. In particular, children who participate
in high-quality after school program spend more
time in academic and enrichment activities; watch
less television; have significantly lower incidences of
drug use and unwanted teenage pregnancies; and
communicate better with adults and their peers.
‘‘(4) by using school facilities, equipment, and
resources, communities can promote a more efficient
use of public education facilities, especially in rural
and inner city areas where limited financial re-
sources have enhanced the necessity for local public
schools to become social service centers;
‘‘(5) the high technology, global economy of the
21st century will require lifelong learning to keep
America’s workforce competitive and successful, and
local public schools should provide centers for life-
long learning and educational opportunities for indi-
viduals of all ages; and
‘‘(6) 21st Century Community Learning Cen-
ters enable the entire community to develop an edu-
458
cation strategy that addresses the educational needs
of all members of local communities.
‘‘SEC. 5553. PROGRAM AUTHORIZATION.
‘‘(a) PROGRAM AUTHORITY.—The Secretary is au-
thorized, in accordance with the provisions of this part,
to award grants to State educational agencies to enable
its schools or a consortia of its schools to plan, implement,
or to expand projects that benefit the educational, health,
social service, cultural, and recreational needs of inner and
small cities and rural and disadvantaged suburban com-
munities with a substantial need for expanded learning op-
portunities because—
‘‘(1) they lack resources to establish or expand
after-school centers that benefit the educational,
health, social service, cultural, and recreational
needs of the community; or
‘‘(2) they have other needs consistent with the
purposes of this part.
‘‘(b) RESERVATION.—From the funds appropriated
under section 5663 to carry out this part for each fiscal
year, the Secretary—
‘‘(1) shall reserve an amount necessary to make
continuation grants to existing grantees under part
I of title X, as it existed on the day before the date
459
of the enactment of the Excellence and Account-
ability in Education Act.
‘‘(2) shall reserve the lesser of 0.5 percent or
$3,000,000 of such amount for grants under this
part to Guam, American Samoa, the Virgin Islands,
the Commonwealth of the Northern Mariana Is-
lands, the Republic of Palau, the Marshall Islands,
and the Federated States of Micronesia;
‘‘(3) shall reserve 0.5 percent of such amount
for the Bureau of Indian Affairs of the Department
of Interior to carry out programs under this part for
Indian children; and
‘‘(4) shall reserve the lesser of 2.5 percent or
$20,000,000 for evaluation and national activities
under section 5660.
‘‘(c) STATE EDUCATIONAL AGENCY ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), and after making the reservations in sub-
section (b), the Secretary shall, for each fiscal year,
allocate among the States the remainder according
to the ratio between the amount each State received
under part A of title I for the preceding year and
the sum of such amounts received by all the States.
‘‘(2) MINIMUM.—For any fiscal year, no State
(including for the purposes of this part, the Bureau
460
of Indian Affairs) shall be allotted under this sub-
section an amount that is less than 0.5 percent of
the total amount allotted to all the States under this
subsection.
‘‘(3) 
REALLOTMENT.—The 
Secretary 
may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within 2 years of such allotment.
Such reallotments shall be made on the same basis
as allotments are made under paragraph (1).
‘‘(d) WITHIN STATE DISTRIBUTION OF FUNDS.—
Each State educational agency having an approved appli-
cation pursuant to section 5554 and receiving an alloca-
tion under subsection (c), shall—
‘‘(1) use not less than 95 percent of the funds
made available to it under subsection (c) to award
grants, on a competitive basis, to local educational
agencies, or consortia of local educational agencies,
acting on behalf of public elementary or secondary
schools; and
‘‘(2) use up to 5 percent for State level activi-
ties and evaluation, of which 40 percent may be used
for administration.
461
‘‘SEC. 5554. STATE EDUCATIONAL AGENCY APPLICATIONS.
‘‘(a) IN GENERAL.—Each State educational agency
seeking a grant under this subpart shall submit an appli-
cation in such form, and containing such information, as
the Secretary may reasonably require. At a minimum, the
application shall—
‘‘(1) designate the State educational agency as
the agency responsible for the administration and
supervision of programs assisted under this part;
‘‘(2) describe the competitive procedures and
criteria the State will use to ensure that grants
under this part will support high-quality programs
in communities with a substantial need for expand-
ing learning opportunities, with a priority for those
that—
‘‘(A) have a high proportion of high-pov-
erty students; and
‘‘(B) lack resources to establish or expand
after-school centers that benefit the educational
health, social service, cultural, and recreational
needs of the community.
‘‘(3) describe the steps the State will take to
ensure that programs implement effective strategies,
including providing ongoing technical assistance and
training, evaluation, dissemination of promising
practices, and monitoring;
462
‘‘(4) contain an assurance that the State edu-
cational agency shall provide for the annual submis-
sion of data regarding the uses of funds under this
part, including the activities provided and popu-
lations served under this part, and such other infor-
mation as the Secretary may require;
‘‘(5) contain an assurance that the State edu-
cational agency shall comply with the requirements
of this part;
‘‘(6) contain a description of how the State will
coordinate Federal, State, and local programs in
order to use most effectively the resources available
to support the project;
‘‘(7) provide that the State educational agency
will keep such records and provide such information
to the Secretary as may be required for fiscal audit
and program evaluation (consistent with all State
educational agency fiscal audit and program evalua-
tion responsibilities required under this Act);
‘‘(8) describe how the State will evaluate the ef-
fectiveness of programs and activities carried out
with funds under this part; and
‘‘(9) provide for timely public notice and public
dissemination of the data submitted under this part.
463
‘‘(b) APPROVAL.—The Secretary shall approve a
State application under this section if the Secretary deter-
mines that it satisfies the requirements, and holds reason-
able promise for accomplishing the purposes of this part.
‘‘SEC. 5555. STATE EDUCATIONAL AGENCY ACTIVITIES.
‘‘Each State, having an approved application under
section 5554 may use funds allocated under section
5553(d)(2) for one or more of the following activities:
‘‘(1) establishment and implementation of a
peer review process for grant applications;
‘‘(2) supervision of the awarding of funds to
local educational agencies on behalf of public ele-
mentary schools, secondary schools or consortia
thereof;
‘‘(3) planning, supervision, and processing of
funds made available under this section;
‘‘(4) monitoring and evaluation of programs
and activities assisted under this part; and
‘‘(5) providing technical assistance under this
part.
‘‘SEC. 5556. STATE PERFORMANCE INDICATORS.
Each State educational agency shall establish per-
formance indicators and acceptable goals of progress to
evaluate the effectiveness of programs funded under this
part.
464
‘‘SEC. 5557. LOCAL COMPETITIVE GRANTS
‘‘(a) COMPETITIVE GRANTS.—The State educational
agency shall distribute funds provided under section
5553(d)(1) on a competitive basis to local educational
agencies, consortia of local educational agencies, acting on
behalf of a public elementary or secondary schools to en-
able such schools to plan, implement, or expand commu-
nity learning centers that address the educational, health,
social service, cultural, and recreational needs of the local
community.
‘‘(b) EXTENDED LEARNING TIME.—In order to re-
ceive a grant under this part, a local educational agency
shall provide significant expanded learning opportunities,
such as before and after school, for children and youth
in the community that:
‘‘(1) are designed to help students in the school
and community achieve to challenging state content
and performance standards;
‘‘(2) provide academic instruction by trained
and qualified teachers;
‘‘(3) utilize research-based practices, to the ex-
tent available and feasible, that show success in rais-
ing student achievement and increasing literacy
skills;
‘‘(4) include a parent and family involvement
component;
465
‘‘(5) include professional development that is
aligned to the extended learning curriculum;
‘‘(6) indicate how the school will provide a con-
tinuity of extended learning curriculum over multiple
years; and
‘‘(7) include ongoing evaluation to assess the ef-
fectiveness of the program.
‘‘(c) 
EQUITABLE
DISTRIBUTION.—In 
awarding
grants under this part, the State educational agency shall
ensure that both urban and rural areas of the State are
served.
‘‘(d) GRANT PERIOD.—A State educational agency
shall award grants under this part for a period not to ex-
ceed 5 years.
‘‘(e) AMOUNT.—A State educational agency shall not
award a grant under this part in any fiscal year in an
amount less than $75,000.
‘‘SEC. 5558. LOCAL APPLICATION.
‘‘(a) APPLICATION.—To be eligible to receive a grant
under this part, a local educational agency, or a consortia
of local educational agencies, on behalf of public elemen-
tary or secondary schools, shall submit an application to
the State educational agency at such time, in such man-
ner, and accompanied by such information as the State
educational agency may reasonably require.
466
‘‘(b) CONTENTS.—Each such application shall
include—
‘‘(1) a comprehensive local plan that enables
the school or consortium to serve as a center for the
delivery of education and human resources for mem-
bers of a community;
‘‘(2) an evaluation of the needs, available re-
sources, and goals and objectives for the proposed
project in order to determine which activities will be
undertaken to address such needs;
‘‘(3) a description of the proposed project,
including—
‘‘(A) a description of the mechanism that
will be used to disseminate information in a
manner that is understandable and accessible to
the community;
‘‘(B) a description of how the applicant
will coordinate Federal, State, and local pro-
grams in order to use most effectively the re-
sources available to support the project;
‘‘(C) a description of the collaborative ef-
forts to be undertaken with community-based
organizations, related public agencies, busi-
nesses, or other appropriate organizations in
order to promote community involvement in the
467
planning and implementation of services pro-
vided under this part;
‘‘(D) a description of how the community
learning center will serve as a delivery center
for existing and new services, especially for
interactive telecommunication used for edu-
cation and professional training; and
‘‘(E) an assurance that the school or con-
sortium will establish a facility utilization policy
that specifically states—
‘‘(i) the rules and regulations applica-
ble to building and equipment use; and
‘‘(ii) supervision guidelines;
‘‘(4) information demonstrating that the school
or consortium will provide at least 50 percent of the
cost of the project from other sources, which may in-
clude other Federal funds and may be provided in
cash or in-kind, fairly evaluate;
‘‘(5) an assurance that the school or consortium
will, each year of the project, expend, from non-Fed-
eral sources, at least as much for the services under
this part as it expended for the preceding year; and
‘‘(6) information demonstrating how the school
or consortium will continue the project after comple-
tion of the grant.
468
‘‘SEC. 5559. USE OF FUNDS.
Grants awarded under section 5557, either directly
or through contracts with community-based organizations
with demonstrated ability to provide high-quality program-
ming, shall be used to establish or expand community
learning centers that provide activities that offer signifi-
cant expanded learning opportunities, such as before and
after school, for children and youth in the community. A
grantee shall use at least a portion of its grant under sec-
tion 5557 to implement or expand after school learning
opportunities, and shall use the remainder of its grant to
carry out not less than 3 of the following activities:
‘‘(1) Literacy education programs.
‘‘(2) Senior citizen programs.
‘‘(3) Children’s day care services.
‘‘(4) Integrated education, health, social service,
recreational, or cultural programs.
‘‘(5) Summer and weekend school programs in
conjunction with recreation programs.
‘‘(6) Nutrition and health programs.
‘‘(7) Expanded library service hours to serve
community needs.
‘‘(8) Telecommunications and technology edu-
cation programs for individuals of all ages.
‘‘(9) Parenting skills education programs.
469
‘‘(10) Support and training for child day care
providers.
‘‘(11) Employment counseling, training, and
placement.
‘‘(12) Services for individuals who leave school
before graduating from secondary school, regardless
of the age of such individual.
‘‘(13) Services for individuals with disabilities.
‘‘(14) Mentoring of at-risk children, including
mentoring by senior citizens.
‘‘SEC. 5560. NATIONAL ACTIVITIES.
‘‘The Secretary shall use funds reserved under sec-
tion 5553(b)(4) for technical assistance, evaluation, dis-
semination of information, activities to encourage the
spread and adoption of successful extended learning op-
portunities programs, and other national activities that
support programs under this part.
‘‘SEC. 5561. COMMUNITY LEARNING CENTER DEFINED.
‘‘For the purpose of this part, the term ‘community
learning center’ means an entity within a public elemen-
tary or secondary school building that—
‘‘(1) provides expanded learning opportunities,
and educational, recreational, health, and social
service programs for residents of all ages within a
470
local community in a safe and drug-free environ-
ment;
‘‘(2) is operated by a local educational agency
in conjunction with local governmental agencies,
businesses, vocational education programs, institu-
tions of higher education, community colleges, and
cultural, recreational, and other community and
human service entities; and
‘‘(3) includes expanded learning opportunities
such as before- and after-school.
‘‘SEC. 5562. SUPPLEMENT.
‘‘Funds made available under this part shall be used
to supplement and not supplant other Federal, State, and
local funds expended to carry out activities relating to ex-
panded learning opportunities.
‘‘SEC. 5563. AUTHORIZATION OF APPROPRIATIONS.
‘‘There 
are 
authorized 
to 
be 
appropriated
$964,000,000 for fiscal year 2002, $1,100,000,000 for fis-
cal year 2003, $1,253,000,000 for fiscal year 2004,
$1,416,000,000 for fiscal year 2005, and $1,615,000,000
for fiscal year 2006, to carry out this part.’’.
SEC. 511. RURAL EDUCATION ACHIEVEMENT PROGRAM.
(a) REDESIGNATIONS.—Part J of title X is repealed,
except for subpart 2. Subpart 2 of part J is redesignated
471
as part K of title V. Sections 10971 through 10978 are
redesignated as sections 5601 through 5608, respectively.
(b) SUBPART REFERENCES.—Part K of title V (as
so redesignated) is amended by striking ‘‘this subpart’’
each place it appears and inserting ‘‘this part’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
5603 (as so redesignated) is amended by striking ‘‘2001.’’
and inserting ‘‘2002 and such sums as may be necessary
for the 4 succeeding fiscal years.’’.
SEC. 512. PHYSICAL EDUCATION FOR PROGRESS.
(a) REDESIGNATIONS.—Part L of title X is redesig-
nated as part L of title V. Sections 10999A through
10999L are redesignated as sections 5651 through 5662,
respectively.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
5662 (as so redesignated) is amended by striking ‘‘2005’’
and inserting ‘‘2006’’.
SEC. 513. COORDINATED SERVICES.
Title XI is redesignated as part M of title V and
amended to read as follows:
‘‘PART M—COORDINATED SERVICES
‘‘SEC. 5701. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds the following:
‘‘(1) Access to health and social service pro-
grams in a school-based or school-linked community
472
service center may make it easier for families to ad-
dress the basic physical and emotional needs of chil-
dren and parents.
‘‘(2) Parents, school personnel, and service pro-
viders should have access to services and activities to
improve the education, health, mental health, safety
and economic well-being of children and their fami-
lies.
‘‘(3) School personnel, health care providers,
mental health care providers, child care providers,
juvenile justice workers and other family service pro-
viders could be of greater assistance to children and
their families if they had access to a single school-
based or school-linked community service center.
‘‘(4) Coordinating health and social services
with education will help ensure that children come to
school ready to learn.
‘‘(b) PURPOSE.—The purpose of this part is to en-
courage eligible partnerships to establish or expand child
opportunity zone family centers in or near public elemen-
tary and secondary schools in order to provide students
and their families better access to coordinated services
which improve their education, health, mental health, safe-
ty, and economic well-being.
473
‘‘Subpart 1—Local Educational Agency Reservation
‘‘SEC. 5711. COORDINATED SERVICES.
‘‘(a) PROGRAM AUTHORIZED.—Notwithstanding any
other provision of this Act, a local educational agency,
school, or consortium of schools may use not more than
5 percent of the funds received under this Act for the de-
velopment, or the implementation or expansion, of a co-
ordinated service project under this section.
‘‘(b) APPLICATION.—Each local educational agency
desiring to use funds described in subsection (a) to carry
out this section shall submit an application to the Sec-
retary at such time, in such manner and accompanied by
such information as the Secretary may reasonably require.
‘‘(c) USES
OF FUNDS.—Funds described in sub-
section (a) may be used to plan, implement, or expand
activities which include—
‘‘(1) hiring a services coordinator;
‘‘(2) making minor renovations to existing
buildings;
‘‘(3) purchasing basic operating equipment;
‘‘(4) improving communications and informa-
tion-sharing among entities participating in the co-
ordinated services project; or
‘‘(5) providing training to teachers and appro-
priate personnel concerning such teacher’s and per-
sonnel’s role in a coordinated services project.
474
‘‘Subpart 2—Local Educational Agency Grants
‘‘SEC. 5721. GRANTS AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary may award, on a
competitive basis, grants to eligible partnerships to pay
for the Federal share of the cost of establishing and ex-
panding child opportunity zone family centers.
‘‘(b) DURATION.—The Secretary shall award grants
under this section for periods of 5 years.
‘‘SEC. 5722. REQUIRED ACTIVITIES.
‘‘Each eligible partnership receiving a grant under
this subpart shall use the grant funds—
‘‘(1) in accordance with the needs assessment
described in section 5723(b)(1), to provide or link
children and their families with information, sup-
port, activities, or services in core areas consisting
of—
‘‘(A) education, such as child care and
education programs for children below the age
of compulsory school attendance, before- and
after-school care, and school age enrichment
and education support programs;
‘‘(B) health, such as primary care (includ-
ing prenatal care, well child care, and mental
health care), preventative health and safety pro-
grams, outreach and referral, screening and
475
health promotion, and enrollment in health in-
surance programs; and
‘‘(C) family support, such as adult edu-
cation and literacy programs, welfare-to-work-
programs, job training, parenting skills pro-
grams, assistance that supports healthy child
development, and access to basic needs, includ-
ing food and housing;
‘‘(2) to provide intensive, high-quality, research-
based instructional programs that—
‘‘(A) provide violence prevention education
for families and developmentally appropriate in-
structional services to children (including chil-
dren below the age of compulsory school attend-
ance), such as education and services on non-
violent conflict resolution, pro social skills and
behaviors, and other skills necessary for effec-
tively relating to others without violence; and
‘‘(B) provide effective strategies for nur-
turing and supporting the emotional, social, and
cognitive growth of children; and
‘‘(3) to provide training, information, and sup-
port to families to enable the families to participate
effectively in their children’s education, and to help
476
their children meet challenging standards, including
assisting families to—
‘‘(A) understand the accountability sys-
tems, including content standards, performance
standards, and local assessments, in place for
the State involved, the participating local edu-
cational agency, and the participating elemen-
tary school or secondary school;
‘‘(B) understand their children’s edu-
cational needs, their children’s educational per-
formance in comparison to State and local
standards, and the steps the school is taking to
address the children’s needs and to help the
children meet the standards; and
‘‘(C) communicate effectively with per-
sonnel responsible for providing educational
services to the families’ children, and to partici-
pate in the development, amendment, review,
and implementation of school-parent compacts,
parent involvement policies, and school plans.
‘‘SEC. 5723. APPLICATIONS.
‘‘(a) IN GENERAL.—Each eligible partnership desir-
ing a grant under this subpart shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require.
477
‘‘(b) CONTENTS.—Each application submitted pursu-
ant to subsection (a) shall—
‘‘(1) include a needs assessment, including a de-
scription of how the partnership will ensure that the
activities to be assisted under this part will be tai-
lored to meet the specific needs of the children and
families to be served;
‘‘(2) describe arrangements that have been for-
malized between the participating elementary school
or secondary school, and other partnership members;
‘‘(3) describe how the partnership will effec-
tively coordinate and utilize Federal, State, and local
educational agency sources of funding, including
funding provided under part J of title V and under
the Safe Schools/Healthy Students Initiative (jointly
funded by the Departments of Education, Justice,
and Health and Human Services), that provide as-
sistance to families and their children in the areas
of job training, housing, justice, health, mental
health, child care, and social and human services;
‘‘(4) describe the partnership’s plan to—
‘‘(A) develop and carry out the activities
assisted under this subpart with extensive par-
ticipation of parents, administrators, teachers,
pupil services personnel, social and human serv-
478
ice agencies, and community organizations and
leaders; and
‘‘(B) connect and integrate the activities
assisted under this subpart with the education
reform efforts of the participating elementary
school or secondary school, and the partici-
pating local educational agency;
‘‘(5) describe the partnership’s strategy for pro-
viding information and assistance in a language and
form that families can understand, including how
the partnership will ensure that families of students
with limited English proficiency, or families of stu-
dents with disabilities, are effectively involved, in-
formed, and assisted;
‘‘(6) describe how the partnership will collect
and analyze data, and will utilize specific perform-
ance measures and indicators to—
‘‘(A) determine the impact of activities as-
sisted under this subpart as described in section
5726(a); and
‘‘(B) improve the activities assisted under
this subpart; and
‘‘(7) describe how the partnership will protect
the privacy of families and their children partici-
pating in the activities assisted under this subpart.
479
‘‘SEC. 5724. FEDERAL SHARE.
‘‘The Federal share of the cost of establishing and
expanding child opportunity zone family centers—
‘‘(1) for the first year for which an eligible
partnership receives assistance under this subpart
shall not exceed 90 percent;
‘‘(2) for the second such year, shall not exceed
80 percent;
‘‘(3) for the third such year, shall not exceed 70
percent;
‘‘(4) for the fourth such year, shall not exceed
60 percent; and
‘‘(5) for the fifth such year, shall not exceed 50
percent.
‘‘SEC. 5725. CONTINUATION OF FUNDING.
‘‘Each eligible partnership that receives a grant
under this subpart shall, after the third year for which
the partnership receives funds through the grant, be eligi-
ble to continue to receive the funds if the Secretary deter-
mines that the partnership has made significant progress
in meeting the performance measures used for the part-
nership’s local evaluation under section 5726(a)(4).
‘‘SEC. 5726. EVALUATIONS AND REPORTS.
‘‘(a) LOCAL EVALUATIONS.—Each partnership re-
ceiving funds under this subpart shall conduct annual
480
evaluations and submit to the Secretary reports containing
the results of the evaluations. The reports shall include—
‘‘(1) information on the partnership’s activities
that are assisted under this subpart;
‘‘(2) information on the number of families and
children served by the partnership’s activities that
are assisted under this subpart;
‘‘(3) information on the partnership’s effective-
ness in reaching and meeting the needs of families
and children served under this subpart, including
underserved families, families of students with lim-
ited English proficiency, and families of students
with disabilities; and
‘‘(4) the results of a partnership’s performance
assessment of the partnership, including perform-
ance measures demonstrating—
‘‘(A) improvements in student achieve-
ment, school readiness, family participation in
schools, and access to health care, mental
health care, child care, and family support serv-
ices, resulting from activities assisted under this
subpart; and
‘‘(B) reductions in violence-related prob-
lems and risk taking behavior among youth,
and reductions in truancy, suspension, and
481
dropout rates, resulting from activities assisted
under this subpart.
‘‘(b) NATIONAL EVALUATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall reserve
not more than 3 percent of the amount appropriated
under this subpart to carry out a national evaluation
of the activities assisted under this part. Such eval-
uation shall be completed not later than 3 years
after the date of the enactment of the Excellence
and Accountability in Education Act, and every year
thereafter.
‘‘(2) SCOPE
OF
EVALUATION.—In conducting
the national evaluation, the Secretary shall evaluate
the effectiveness and impact of the activities, and
identify model activities, assisted under this subpart.
‘‘(3) ANNUAL REPORTS.—The Secretary shall
submit an annual report to Congress, regarding each
national evaluation conducted under paragraph (1),
that contains the information described in the na-
tional evaluation.
‘‘(c) MODEL
ACTIVITIES.—The Secretary shall
broadly disseminate information on model activities devel-
oped under this part.
‘‘SEC. 5727. DEFINITIONS.
‘‘For the purposes of this subpart—
482
‘‘(1) the term ‘coordinated services project’
means 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; and
‘‘(2) CHILD OPPORTUNITY ZONE FAMILY CEN-
TER.—The term ‘child opportunity zone family cen-
ter’ means a school-based or school-linked commu-
nity service center that provides and links children
and their families with comprehensive information,
support, services, and activities to improve the edu-
cation, health, mental health, safety, and economic
well-being of the children and their families.
‘‘(3) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means a partnership—
‘‘(A) that contains—
‘‘(i) at least 1 elementary school or
secondary school that—
‘‘(I) receives assistance under
title I and for which a measure of
poverty determination is made under
section 1113(a)(5) with respect to a
483
minimum of 40 percent of the chil-
dren in the school; and
‘‘(II) demonstrates parent in-
volvement and parent support for the
partnership’s activities;
‘‘(ii) a local educational agency;
‘‘(iii) a public agency, other than a
local educational agency, including a local
or State department of health and social
services; and
‘‘(iv) a nonprofit community-based or-
ganization, including a community mental
health services organization or a family
health center that provides mental health
services; and
‘‘(B) that may contain—
‘‘(i) an institution of higher education;
and
‘‘(ii) other public or private nonprofit
entities.
‘‘SEC. 5728. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart $50,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the fiscal years 2003
through 2006.
484
SEC. 514. DROPOUT PREVENTION.
Title V is amended by adding at the end the fol-
lowing:
‘‘PART N—ASSISTANCE TO ADDRESS SCHOOL
DROPOUT PROBLEMS
‘‘Subpart 1—Coordinated National Strategy
‘‘SEC. 5751. NATIONAL ACTIVITIES.
‘‘(a) NATIONAL PRIORITY.—It shall be a national pri-
ority, for the 5-year period beginning on the date of the
enactment of the Excellence and Accountability in Edu-
cation Act, to lower the school dropout rate, and increase
school completion, for middle school and secondary school
students in accordance with Federal law. As part of this
priority, all Federal agencies that carry out activities that
serve students at risk of dropping out of school or that
are intended to help address the school dropout problem
shall make school dropout prevention a top priority in the
agencies’ funding priorities during the 5-year period.
‘‘(b) ENHANCED DATA COLLECTION.—The Secretary
shall collect systematic data on the participation of dif-
ferent racial and ethnic groups (including migrant and
limited English proficient students) in all Federal pro-
grams.
485
‘‘SEC. 5752. NATIONAL SCHOOL DROPOUT PREVENTION
STRATEGY.
‘‘(a) PLAN.—The Director shall develop, implement,
and monitor an interagency plan (in this section referred
to as the ‘plan’) to assess the coordination, use of re-
sources, and availability of funding under Federal law that
can be used to address school dropout prevention, or mid-
dle school or secondary school reentry. The plan shall be
completed and transmitted to the Secretary and Congress
not later than 180 days after the first Director is ap-
pointed.
‘‘(b) COORDINATION.—The plan shall address inter-
and intra-agency program coordination issues at the Fed-
eral level with respect to school dropout prevention and
middle school and secondary school reentry, assess the tar-
geting of existing Federal services to students who are
most at risk of dropping out of school, and the cost-effec-
tiveness of various programs and approaches used to ad-
dress school dropout prevention.
‘‘(c) AVAILABLE RESOURCES.—The plan shall also
describe the ways in which State and local agencies can
implement effective school dropout prevention programs
using funds from a variety of Federal programs, including
the programs under title I.
‘‘(d) SCOPE.—The plan will address all Federal pro-
grams with school dropout prevention or school reentry
486
elements or objectives, programs under title I, part B of
title IV of the Job Training Partnership Act, subtitle C
of title I of the Workforce Investment Act of 1998, and
other programs.
‘‘SEC. 5753. NATIONAL CLEARINGHOUSE.
‘‘Not later than 6 months after the date of the enact-
ment of the Excellence and Accountability in Education
Act, the Director shall establish a national clearinghouse
on effective school dropout prevention, intervention and
reentry programs. The clearinghouse shall be established
through a competitive grant or contract awarded to an or-
ganization with a demonstrated capacity to provide tech-
nical assistance and disseminate information in the area
of school dropout prevention, intervention, and reentry
programs. The clearinghouse shall—
‘‘(1) collect and disseminate to educators, par-
ents, and policymakers information on research, ef-
fective programs, best practices, and available Fed-
eral resources with respect to school dropout preven-
tion, intervention, and reentry programs, including
dissemination by an electronically accessible data-
base, a worldwide Web site, and a national journal;
and
‘‘(2) provide technical assistance regarding se-
curing resources with respect to, and designing and
487
implementing, effective and comprehensive school
dropout prevention, intervention, and reentry pro-
grams.
‘‘SEC. 5754. NATIONAL RECOGNITION PROGRAM.
‘‘(a) IN GENERAL.—The Director shall carry out a
national recognition program that recognizes schools that
have made extraordinary progress in lowering school drop-
out rates under which a public middle school or secondary
school from each State will be recognized. The Director
shall use uniform national guidelines that are developed
by the Director for the recognition program and shall rec-
ognize schools from nominations submitted by State edu-
cational agencies.
‘‘(b) ELIGIBLE SCHOOLS.—The Director may recog-
nize any public middle school or secondary school (includ-
ing a charter school) that has implemented comprehensive
reforms regarding the lowering of school dropout rates for
all students at that school.
‘‘(c) SUPPORT.—The Director may make monetary
awards to schools recognized under this section, in
amounts determined by the Director. Amounts received
under this section shall be used for dissemination activities
within the school district or nationally.
488
‘‘Subpart 2—National School Dropout Prevention
Initiative
‘‘SEC. 5761. FINDINGS.
‘‘The Congress finds that, in order to lower dropout
rates and raise academic achievement levels, improved and
redesigned schools must—
‘‘(1) challenge all children to attain their high-
est academic potential; and
‘‘(2) ensure that all students have substantial
and ongoing opportunities to—
‘‘(A) achieve high levels of academic and
technical skills;
‘‘(B) prepare for college and careers;
‘‘(C) learn by doing;
‘‘(D) work with teachers in small schools
within schools;
‘‘(E) receive ongoing support from adult
mentors;
‘‘(F) access a wide variety of information
about careers and postsecondary education and
training;
‘‘(G) use technology to enhance and moti-
vate learning; and
‘‘(H) benefit from strong links among mid-
dle schools, secondary schools, and postsec-
ondary institutions.
489
‘‘SEC. 5762. PROGRAM AUTHORIZED.
‘‘(a) ALLOTMENTS TO STATES.—
‘‘(1) IN GENERAL.—From the sum made avail-
able under section 5772(b) for a fiscal year the Sec-
retary shall make an allotment to each State in an
amount that bears the same relation to the sum as
the amount the State received under title I for the
preceding fiscal year bears to the amount received
by all States under such title for the preceding fiscal
year.
‘‘(2) DEFINITION OF STATE.—In this subpart,
the term ‘State’ means each of the several States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Com-
monwealth of the Northern Mariana Islands, the Re-
public of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
‘‘(b) GRANTS.—From amounts made available to a
State under subsection (a), the State educational agency
may award grants to public middle schools or secondary
schools, that have school dropout rates which are in the
highest 1⁄3 of all school dropout rates in the State, to en-
able the schools to pay only the startup and implementa-
tion costs of effective, sustainable, coordinated, and whole
490
school dropout prevention programs that involve activities
such as—
‘‘(1) professional development;
‘‘(2) obtaining curricular materials;
‘‘(3) release time for professional staff;
‘‘(4) planning and research;
‘‘(5) remedial education;
‘‘(6) reduction in pupil-to-teacher ratios;
‘‘(7) efforts to meet State student achievement
standards; and
‘‘(8) counseling for at-risk students.
‘‘(c) INTENT OF CONGRESS.—It is the intent of Con-
gress that the activities started or implemented under sub-
section (a) shall be continued with funding provided under
part A of title I.
‘‘(d) AMOUNT.—
‘‘(1) IN GENERAL.—Subject to subsection (d)
and except as provided in paragraph (2), a grant
under this subpart shall be awarded—
‘‘(A) in the first year that a school receives
a grant payment under this subpart, in an
amount that is not less than $50,000 and not
more than $100,000, based on factors such
as—
‘‘(i) school size;
491
‘‘(ii) costs of the model being imple-
mented; and
‘‘(iii) local cost factors such as poverty
rates;
‘‘(B) in the second such year, in an
amount that is not less than 75 percent of the
amount the school received under this subpart
in the first such year;
‘‘(C) in the third year, in an amount that
is not less than 50 percent of the amount the
school received under this subpart in the first
such year; and
‘‘(D) in each succeeding year in an amount
that is not less than 30 percent of the amount
the school received under this subpart in the
first such year.
‘‘(2) INCREASES.—The Director shall increase
the amount awarded to a school under this subpart
by 10 percent if the school creates smaller learning
communities within the school and the creation is
certified by the State educational agency.
‘‘(e) DURATION.—A grant under this subpart shall
be awarded for a period of 3 years, and may be continued
for a period of 2 additional years if the State educational
agency determines, based on the annual reports described
492
in section 5768(a), that significant progress has been
made in lowering the school dropout rate for students par-
ticipating in the program assisted under this subpart com-
pared to students at similar schools who are not partici-
pating in the program.
‘‘SEC. 5763. STRATEGIES AND ALLOWABLE MODELS.
‘‘(a) STRATEGIES.—Each school receiving a grant
under this subpart shall implement research-based, sus-
tainable, and widely replicated, strategies for school drop-
out prevention and reentry that address the needs of an
entire school population rather than a subset of students.
The strategies may include—
‘‘(1) specific strategies for targeted purposes;
and
‘‘(2) approaches such as breaking larger schools
down into smaller learning communities and other
comprehensive reform approaches, creating alter-
native school programs, developing clear linkages to
career skills and employment, and addressing spe-
cific gatekeeper hurdles that often limit student re-
tention and academic success.
‘‘(b) ALLOWABLE MODELS.—The Director shall an-
nually establish and publish in the Federal Register the
principles, criteria, models, and other parameters regard-
ing the types of effective, proven program models that are
493
allowed to be used under this subpart, based on existing
research.
‘‘(c) CAPACITY BUILDING.—
‘‘(1) IN
GENERAL.—The Director, through a
contract with a non-Federal entity, shall conduct a
capacity building and design initiative in order to in-
crease the types of proven strategies for dropout
prevention on a schoolwide level.
‘‘(2) NUMBER AND DURATION.—
‘‘(A) NUMBER.—The Director shall award
not more than 5 contracts under this sub-
section.
‘‘(B) 
DURATION.—The 
Director 
shall
award a contract under this section for a period
of not more than 5 years.
‘‘(d) SUPPORT
FOR
EXISTING
REFORM
NET-
WORKS.—
‘‘(1) IN GENERAL.—The Director shall provide
appropriate support to eligible entities to enable the
eligible entities to provide training, materials, devel-
opment, and staff assistance to schools assisted
under this subpart.
‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—The
term ‘eligible entity’ means an entity that, prior to
494
the date of the enactment of the Excellence and Ac-
countability in Education Act—
‘‘(A) provided training, technical assist-
ance, and materials to 100 or more elementary
schools or secondary schools; and
‘‘(B) developed and published a specific
educational program or design for use by the
schools.
‘‘SEC. 5764. SELECTION OF SCHOOLS.
‘‘(a) SCHOOL APPLICATION.—
‘‘(1) IN
GENERAL.—Each school desiring a
grant under this subpart shall submit an application
to the State educational agency at such time, in
such manner, and accompanied by such information
as the State educational agency may require.
‘‘(2) CONTENTS.—Each application submitted
under paragraph (1) shall—
‘‘(A) contain a certification from the local
educational agency serving the school that—
‘‘(i) the school has the highest number
or rates of school dropouts in the age
group served by the local educational agen-
cy;
‘‘(ii) the local educational agency is
committed to providing ongoing oper-
495
ational support, for the school’s com-
prehensive reform plan to address the
problem of school dropouts, for a period of
5 years; and
‘‘(iii) the local educational agency will
support the plan, including—
‘‘(I) release time for teacher
training;
‘‘(II) efforts to coordinate activi-
ties for feeder schools; and
‘‘(III) encouraging other schools
served by the local educational agency
to participate in the plan;
‘‘(B) demonstrate that the faculty and ad-
ministration of the school have agreed to apply
for assistance under this subpart, and provide
evidence of the school’s willingness and ability
to use the funds under this subpart, including
providing an assurance of the support of 80
percent or more of the professional staff at the
school;
‘‘(C) describe the instructional strategies
to be implemented, how the strategies will serve
all students, and the effectiveness of the strate-
gies;
496
‘‘(D) describe a budget and timeline for
implementing the strategies;
‘‘(E) contain evidence of interaction with
an 
eligible 
entity 
described 
in 
section
5763(d)(2);
‘‘(F) contain evidence of coordination with
existing resources;
‘‘(G) provide an assurance that funds pro-
vided under this subpart will supplement and
not supplant other Federal, State, and local
funds;
‘‘(H) describe how the activities to be as-
sisted conform with an allowable model de-
scribed in section 5763(b); and
‘‘(I) demonstrate that the school and local
educational agency have agreed to conduct a
schoolwide program under 1114.
‘‘(b) STATE AGENCY REVIEW
AND AWARD.—The
State educational agency shall review applications and
award grants to schools under subsection (a) according to
a review by a panel of experts on school dropout preven-
tion.
‘‘(c) CRITERIA.—The Director shall establish clear
and specific selection criteria for awarding grants to
schools under this subpart. Such criteria shall be based
497
on school dropout rates and other relevant factors for
State educational agencies to use in determining the num-
ber of grants to award and the type of schools to be award-
ed grants.
‘‘(d) ELIGIBILITY.—A school is eligible to receive a
grant under this subpart if the school is—
‘‘(1) a public school (including a public alter-
native school)—
‘‘(A) that is eligible to receive assistance
under part A of title I, including a comprehen-
sive secondary school, a vocational or technical
secondary school, and a charter school; and
‘‘(B)(i) that serves students 50 percent or
more of whom are low-income individuals; or
‘‘(ii) with respect to which the feeder
schools that provide the majority of the incom-
ing students to the school serve students 50
percent or more of whom are low-income indi-
viduals; or
‘‘(2) participating in a schoolwide program
under section 1114 during the grant period.
‘‘(e) COMMUNITY-BASED ORGANIZATIONS.—A school
that receives a grant under this subpart may use the grant
funds to secure necessary services from a community-
based organization, including private sector entities, if—
498
‘‘(1) the school approves the use;
‘‘(2) the funds are used to provide school drop-
out prevention and reentry activities related to
schoolwide efforts; and
‘‘(3) the community-based organization has
demonstrated the organization’s ability to provide ef-
fective services as described in section 107(a) of the
Job Training Partnership Act, or section 122 of the
Workforce Investment Act of 1998.
‘‘(f) COORDINATION.—Each school that receives a
grant under this subpart shall coordinate the activities as-
sisted under this subpart with other Federal programs,
such as programs assisted under chapter 1 of subpart 2
of part A of title IV of the Higher Education Act of 1965.
‘‘SEC. 5765. DISSEMINATION ACTIVITIES.
‘‘Each school that receives a grant under this subpart
shall provide information and technical assistance to other
schools within the school district, including presentations,
document-sharing, and joint staff development.
‘‘SEC. 5766. PROGRESS INCENTIVES.
‘‘Notwithstanding any other provision of law, each
local educational agency that receives funds under title I
shall use such funding to provide assistance to schools
served by the agency that have not made progress toward
499
lowering school dropout rates after receiving assistance
under this subpart for 2 fiscal years.
‘‘SEC. 5767. SCHOOL DROPOUT RATE CALCULATION.
‘‘For purposes of calculating a school dropout rate
under this subpart, a school shall use—
‘‘(1) the annual event school dropout rate for
students leaving a school in a single year determined
in accordance with the National Center for Edu-
cation Statistics’ Common Core of Data, if available;
or
‘‘(2) in other cases, a standard method for cal-
culating the school dropout rate as determined by
the State educational agency.
‘‘SEC. 5768. REPORTING AND ACCOUNTABILITY.
‘‘(a) REPORTING.—In order to receive funding under
this subpart for a fiscal year after the first fiscal year a
school receives funding under this subpart, the school shall
provide, on an annual basis, to the Director a report re-
garding the status of the implementation of activities
funded under this subpart, the disaggregated outcome
data for students at schools assisted under this subpart
such as dropout rates, and certification of progress from
the eligible entity whose strategies the school is imple-
menting.
500
‘‘(b) ACCOUNTABILITY.—On the basis of the reports
submitted under subsection (a), the Director shall evaluate
the effect of the activities assisted under this subpart on
school dropout prevention compared to a control group.
‘‘SEC. 5769. PROHIBITION ON TRACKING.
‘‘(a) IN GENERAL.—A school shall be ineligible to re-
ceive funding under this subpart for a fiscal year, if the
school—
‘‘(1) has in place a general education track;
‘‘(2) provides courses with significantly dif-
ferent material and requirements to students at the
same grade level; or
‘‘(3) fails to encourage all students to take a
core curriculum of courses.
‘‘(b) REGULATIONS.—The Secretary shall promul-
gate regulations implementing subsection (a).
‘‘Subpart 3—Definitions; Authorization of
Appropriations
‘‘SEC. 5771. DEFINITIONS.
‘‘In this Act:
‘‘(1) DIRECTOR.—The term ‘Director’ means
the Director of the Office of Dropout Prevention and
Program Completion established under section 220
of the General Education Provisions Act.
501
‘‘(2) LOW-INCOME.—The term ‘low-income’,
used with respect to an individual, means an indi-
vidual determined to be low-income in accordance
with measures described in section 1113(a)(5).
‘‘(3) SCHOOL
DROPOUT.—The term ‘school
dropout’ has the meaning given the term in section
4(17) of the School-to-Work Opportunities Act of
1994.
‘‘SEC. 5772. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) SUBPART 1.—There are authorized to be appro-
priated to carry out subpart 1, $5,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
4 succeeding fiscal years.
‘‘(b) SUBPART 2.—There are authorized to be appro-
priated to carry out subpart 2, $145,000,000 for fiscal
year 2002 and such sums as may be necessary for each
of the 4 succeeding fiscal years, of which—
‘‘(1) $125,000,000 shall be available to carry
out section 5322; and
‘‘(2) $20,000,000 shall be available to carry out
section 5323.’’.
SEC. 515. OFFICE OF DROPOUT PREVENTION AND PRO-
GRAM COMPLETION.
Title II of the Department of Education Organization
Act (20 U.S.C. 3411) is amended—
502
(1) by redesignating section 216 (as added by
Public Law 103–227) as section 218; and
(2) by adding at the end the following:
‘‘OFFICE OF DROPOUT PREVENTION AND PROGRAM
COMPLETION
‘‘SEC. 220. (a) ESTABLISHMENT.—There shall be in
the Department of Education an Office of Dropout Pre-
vention and Program Completion (hereafter in this section
referred to as the ‘Office’), to be administered by the Di-
rector of the Office of Dropout Prevention and Program
Completion. The Director of the Office shall report di-
rectly to the Secretary and shall perform such additional
functions as the Secretary may prescribe.
‘‘(b) DUTIES.—The Director of the Office of Dropout
Prevention and Program Completion (hereafter in this
section referred to as the ‘Director’), through the Office,
shall—
‘‘(1) help coordinate Federal, State, and local
efforts to lower school dropout rates and increase
program completion by middle school, secondary
school, and college students;
‘‘(2) recommend Federal policies, objectives,
and priorities to lower school dropout rates and in-
crease program completion;
503
‘‘(3) oversee the implementation of subpart 2 of
part C of title V of the Elementary and Secondary
Education Act of 1965;
‘‘(4) develop and implement the National
School Dropout Prevention Strategy under section
5752 of the Elementary and Secondary Education
Act of 1965;
‘‘(5) annually prepare and submit to Congress
and the Secretary a national report describing ef-
forts and recommended actions regarding school
dropout prevention and program completion;
‘‘(6) recommend action to the Secretary and the
President, as appropriate, regarding school dropout
prevention and program completion; and
‘‘(7) consult with and assist State and local
governments regarding school dropout prevention
and program completion.
‘‘(c) SCOPE OF DUTIES.—The scope of the Director’s
duties under subsection (b) shall include examination of
all Federal and non-Federal efforts related to—
‘‘(1) promoting program completion for children
attending middle school or secondary school;
‘‘(2) programs to obtain a secondary school di-
ploma or its recognized equivalent (including general
504
equivalency diploma (GED) programs), or college
degree programs; and
‘‘(3) reentry programs for individuals aged 12
to 24 who are out of school.
‘‘(d) DETAILING.—In carrying out the Director’s du-
ties under this section, the Director may request the head
of any Federal department or agency to detail personnel
who are engaged in school dropout prevention activities
to another Federal department or agency in order to im-
plement the National School Dropout Prevention Strat-
egy.’’.
SEC. 516. IMPACT AID AMENDMENTS.
(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL
PROPERTY.—Section 8014(a) (20 U.S.C. 7714(a)) is
amended—
(1) by striking ‘‘$32,000,000 for fiscal year
2000’’ and inserting ‘‘$50,000,000 for fiscal year
2002’’; and
(2) by striking ‘‘three’’ and inserting ‘‘four’’.
(b) BASIC PAYMENTS.—Section 8014(b) (20 U.S.C.
7714(b)) is amended—
(1) by striking ‘‘$809,400,000 for fiscal year
2000’’ and inserting ‘‘$1,000,000,000 for fiscal year
2002’’; and
(2) by striking ‘‘three’’ and inserting ‘‘four’’.
505
(c) PAYMENTS
FOR
CHILDREN
WITH
DISABIL-
ITIES.—Section 
8014(c) 
(20 
U.S.C. 
7714(c)) 
is
amended—
(1) by striking ‘‘$50,000,000 for fiscal year
2000’’ and inserting ‘‘$70,000,000 for fiscal year
2002’’; and
(2) by striking ‘‘three’’ and inserting ‘‘four’’.
(d) CONSTRUCTION.—Section 8014(e) (20 U.S.C.
7714(e)) is amended—
(1) by striking ‘‘$10,052,000 for fiscal year
2000’’ and inserting ‘‘$35,000,000 for fiscal year
2002’’; and
(2) by striking ‘‘three’’ and inserting ‘‘four’’.
(e) FACILITIES MAINTENANCE.—Section 8014(f) (20
U.S.C. 7714(f)) is amended—
(1) by striking ‘‘$5,000,000 for fiscal year
2000’’ and inserting ‘‘$12,000,000 for fiscal year
2002’’; and
(2) by striking ‘‘three’’ and inserting ‘‘four’’.
(f) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL
EDUCATIONAL AGENCIES IMPACTED BY FEDERAL PROP-
ERTY
ACQUISITION.—Section 
8014(g) 
(20 
U.S.C.
7714(g)) is amended—
(1) in the heading, by striking ‘‘FEDERAL
PROPERTY LOCAL EDUCATIONAL AGENCIES’’ and
506
inserting ‘‘LOCAL
EDUCATIONAL
AGENCIES
IM-
PACTED
BY FEDERAL PROPERTY ACQUISITION’’;
and
(2) by striking ‘‘2000’’ and inserting ‘‘2002’’.
TITLE VI—INNOVATIVE
EDUCATIONAL STRATEGIES
SEC. 601. INNOVATIVE EDUCATIONAL STRATEGIES.
(a) AMENDMENT TO HEADING.—The heading of title
VI is amended to read as follows:
‘‘TITLE 
VI—INNOVATIVE 
EDU-
CATION PROGRAM STRATE-
GIES AND SCHOOL CAPAC-
ITY’’.
(b) STRATEGIES.—Part A of title VI is amended by
adding at the end the following:
‘‘SEC. 6103. ANNUAL PERFORMANCE REPORTING.
‘‘(a) ANNUAL REPORT
TO STATE EDUCATIONAL
AGENCY.—A local educational agency that receive funds
under this title shall report annually to the State edu-
cational agency on—
‘‘(1) the specific purposes for which the funds
were used;
‘‘(2) the measurable impact such funds had on
student achievement and enabling children to
achieve challenging State academic standards; and
507
‘‘(3) the extent to which the local educational
agency met the goals established by the State edu-
cational agency for annual progress on improving
student academic achievement and student perform-
ance.
‘‘(b) ANNUAL REPORT TO PUBLIC.—A local edu-
cational agency receiving funds under this title shall annu-
ally report to the public information on the agency’s an-
nual progress in meeting the goals established by the
State, and the specific purposes for which funds under this
title were used.
‘‘(c) LIMITATION ON FUNDS.—A local educational
agency shall not receive funds under this title unless it
complies with the requirements of this section.’’.
(b) STATE APPLICATIONS.—Paragraph (2) of section
6202(a) is amended to read as follows:
‘‘(2)(A) annually provides the submission of
data on the use of funds, the types of services fur-
nished, and the extent that special populations and
economically disadvantaged students were served rel-
ative to the overall student population for each local
educational agency; and
‘‘(B) beginning in 2003 provides for a rigorous,
independent evaluation of this title’s effectiveness in
each local educational agency in the State in improv-
508
ing student academic achievement and student per-
formance, consistent with the goals specified in
paragraph (8).’’.
(c) GOALS.—Section 6202(a) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(8) provides an assurance that the State edu-
cational agency will establish specific measurable
goals for the annual progress of local educational
agencies and schools within the State with respect to
improving student academic achievement and stu-
dent performance.’’.
(d) DEFINITIONS AND DATA ELEMENTS.—Part D of
title VI is amended by adding at the end the following:
‘‘SEC. 6404. DEFINITIONS AND DATA ELEMENTS.
‘‘The Secretary shall establish, in consultation with
the States, common definitions and data elements to en-
sure that data required to be provided under this title are
comparable across States and the data can be used by the
Department for compliance with the Government Perform-
ance and Results Act.’’.
509
(e) AUTHORIZATION.—Section 6002 (20 U.S.C.
7302) is amended to read as follows:
‘‘SEC. 6002. AUTHORIZATION.
‘‘To carry out the purposes of this title, there are au-
thorized to be appropriated $450,000,000 for fiscal year
2002 and such sums as may be necessary for the 4 suc-
ceeding fiscal years.’’.
SEC. 602. SCHOOL CONSTRUCTION AND RENOVATION
GRANTS.
Title VI is amended by adding at the end the fol-
lowing:
‘‘PART E—SCHOOL CONSTRUCTION AND
RENOVATION GRANTS
‘‘SEC. 6501. SCHOOL CONSTRUCTION AND RENOVATION
GRANTS.
‘‘(a) GRANTS.—
‘‘(1) ALLOCATION
OF
FUNDS.—From the
amount provided under section 6502, the Secretary
shall reserve—
‘‘(A) 6.25 percent of such amount for
grants to impacted local educational agencies
(as defined in paragraph (3)) for school repair,
renovation, and construction;
‘‘(B) 1⁄4 of 1 percent of such amount for
grants to outlying areas for school repair and
510
renovation in high-need schools and commu-
nities, allocated on such basis, and subject to
such terms and conditions, as the Secretary de-
termines appropriate;
‘‘(C) $25,000,000 for grants to public enti-
ties, private nonprofit entities, and consortia of
such entities, for use in accordance with sub-
part 2 of part E of title V; and
‘‘(D) the remainder for grants to State
educational agencies in proportion to the
amount each State received under part A of
title I, except that no State shall receive less
than 0.5 percent of the amount allocated under
this subparagraph.
‘‘(2) DETERMINATION OF GRANT AMOUNT.—
‘‘(A) DETERMINATION OF WEIGHTED STU-
DENT UNITS.—For purposes of computing the
grant amounts under paragraph (1)(A), the
Secretary shall determine the results obtained
by the computation made under section 8003
with respect to children described in subsection
(a)(1)(C) of such section and computed under
subsection (a)(2)(B) of such section for the ap-
propriate fiscal year—
511
‘‘(i) for each impacted local edu-
cational agency that receives funds under
this section; and
‘‘(ii) for all such agencies together.
‘‘(B) COMPUTATION
OF
PAYMENT.—The
Secretary shall calculate the amount of a grant
to an impacted local educational agency by—
‘‘(i) dividing the amount described in
paragraph (1)(A) by the results of the
computation described in subparagraph
(A)(ii); and
‘‘(ii) multiplying the number derived
under clause (i) by the results of the com-
putation described in subparagraph (A)(i)
for such agency.
‘‘(3) DEFINITION.—For purposes of this sec-
tion, the term ‘impacted local educational agency’
means—
‘‘(A) a local educational agency that re-
ceives a basic support payment under section
8003(b) for such fiscal year; and
‘‘(B) with respect to which the number of
children 
determined 
under 
section
8003(a)(1)(C) for the preceding school year
constitutes at least 50 percent of the total stu-
512
dent enrollment in the schools of the agency
during such school year.
‘‘(b) WITHIN-STATE ALLOCATIONS.—
‘‘(1) ADMINISTRATIVE COSTS.—
‘‘(A) STATE
EDUCATIONAL
AGENCY
AD-
MINISTRATION.—Except as provided in sub-
paragraph (B), each State educational agency
may reserve not more than 1 percent of its allo-
cation under subsection (a)(1)(D) for the pur-
pose of administering the distribution of grants
under this subsection.
‘‘(B) STATE ENTITY ADMINISTRATION.—If
the State educational agency transfers funds to
a State entity described in paragraph (2)(A),
the agency shall transfer to such entity 0.75 of
the amount reserved under this paragraph for
the purpose of administering the distribution of
grants under this subsection.
‘‘(2) RESERVATION FOR COMPETITIVE SCHOOL
CONSTRUCTION, REPAIR, AND RENOVATION GRANTS
TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(A) IN
GENERAL.—Subject to the res-
ervation under paragraph (1), of the funds allo-
cated to a State educational agency under sub-
section (a)(1)(D), the State educational agency
513
shall distribute no less than 99 percent of such
funds to local educational agencies or, if such
State educational agency is not responsible for
the financing of education facilities, the agency
shall transfer such funds to the State entity re-
sponsible for the financing of education facili-
ties (referred to in this section as the ‘State en-
tity’) for distribution by such entity to local
educational agencies in accordance with this
paragraph, to be used, consistent with sub-
section (c), for school construction, repair, and
renovation.
‘‘(B) COMPETITIVE
GRANTS
TO
LOCAL
EDUCATIONAL AGENCIES.—
‘‘(i) IN
GENERAL.—The State edu-
cational agency or State entity shall carry
out a program of competitive grants to
local educational agencies for the purpose
described in subparagraph (A). Of the
total amount available for distribution to
such agencies under this paragraph, the
State educational agency or State entity,
shall, in carrying out the competition—
‘‘(I) award to high poverty local
educational 
agencies 
described 
in
514
clause (ii), in the aggregate, at least
an amount which bears the same rela-
tionship to such total amount as the
aggregate amount such local edu-
cational agencies received under part
A of title I for the current fiscal year
bears to the aggregate amount re-
ceived for such fiscal year under such
part by all local educational agencies
in the State;
‘‘(II) award to rural local edu-
cational agencies in the State, in the
aggregate, at least an amount which
bears the same relationship to such
total amount as the aggregate amount
such rural local educational agencies
received under part A of title I for the
current fiscal year bears to the aggre-
gate amount received for such fiscal
year under such part by all local edu-
cational agencies in the State; and
‘‘(III) award the remaining funds
to local educational agencies not re-
ceiving an award under subclause (I)
or (II), including high poverty and
515
rural local educational agencies that
did not receive such an award.
‘‘(ii) HIGH
POVERTY
LOCAL
EDU-
CATIONAL AGENCIES.—A local educational
agency is described in this clause if—
‘‘(I) the percentage described in
subparagraph (C)(i) with respect to
the agency is 30 percent or greater; or
‘‘(II) the number of children de-
scribed in such subparagraph with re-
spect to the agency is at least 10,000.
‘‘(C) CRITERIA FOR AWARDING GRANTS.—
In awarding competitive grants under this para-
graph, a State educational agency or State enti-
ty shall—
‘‘(i) take into account—
‘‘(I) the percentage of poor chil-
dren 5 to 17 years of age, inclusive, in
a local educational agency;
‘‘(II) the need of a local edu-
cational agency for school construc-
tion, repair, and renovation, as dem-
onstrated by the condition of its pub-
lic school facilities;
516
‘‘(III) the fiscal capacity of a
local educational agency to meet its
needs for construction, repair, and
renovation of public school facilities
without assistance under this section,
including its ability to raise funds
through the use of local bonding ca-
pacity and otherwise;
‘‘(IV) in the case of a local edu-
cational agency that proposes to fund
a construction, repair, or renovation
project for a charter school or schools,
the extent to which the school or
schools have access to funding for the
project through the financing methods
available to other public schools or
local educational agencies in the
State; and
‘‘(V) the likelihood that the local
educational agency will maintain, in
good condition, any facility whose con-
struction, repair, or renovation is as-
sisted under this section; and
‘‘(ii) give priority, consistent with sub-
paragraph (B)(i), to local educational
517
agencies which provide an assurance that
such grant will be used to repair or ren-
ovate schools identified as in need of im-
provement under section 1116(b).
‘‘(D) 
POSSIBLE
MATCHING
REQUIRE-
MENT.—
‘‘(i) IN
GENERAL.—A State edu-
cational agency or State entity may require
local educational agencies to match funds
awarded under this subsection.
‘‘(ii) MATCH AMOUNT.—The amount
of a match described in clause (i) may be
established by using a sliding scale that
takes into account the relative poverty of
the population served by the local edu-
cational agency.
‘‘(c) RULES APPLICABLE
TO SCHOOL CONSTRUC-
TION, REPAIR, AND RENOVATION.—With respect to funds
made available under this section that are used for school
construction, repair, and renovation, the following rules
shall apply:
‘‘(1) PERMISSIBLE
USES
OF
FUNDS.—School
construction, repair, and renovation shall be limited
to one or more of the following:
518
‘‘(A) Emergency repairs or renovations to
public school facilities only to ensure the health
and safety of students and staff, including—
‘‘(i) repairing, replacing, or installing
roofs, electrical wiring, plumbing systems,
or sewage systems;
‘‘(ii) repairing, replacing, or installing
heating, ventilation, or air conditioning
systems (including insulation); and
‘‘(iii) bringing public schools into com-
pliance with fire and safety codes.
‘‘(B) School facilities modifications nec-
essary to render public school facilities acces-
sible in order to comply with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.).
‘‘(C) School facilities modifications nec-
essary to render public school facilities acces-
sible in order to comply with section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
‘‘(D) Asbestos abatement or removal from
public school facilities.
‘‘(E) Renovation, repair, and acquisition
needs related to the building infrastructure of a
charter school.
519
‘‘(F) Construction of new public school fa-
cilities.
‘‘(2) IMPERMISSIBLE
USES
OF
FUNDS.—No
funds received under this section may be used for—
‘‘(A) payment of maintenance costs in con-
nection with any projects constructed in whole
or part with Federal funds provided under this
section; or
‘‘(B) stadiums or other facilities primarily
used for athletic contests or exhibitions or other
events for which admission is charged to the
general public.
‘‘(3) CHARTER
SCHOOLS.—A public charter
school that constitutes a local educational agency
under State law shall be eligible for assistance under
the same terms and conditions as any other local
educational agency.
‘‘(4) SUPPLEMENT, NOT SUPPLANT.—Excluding
the uses described in subparagraphs (B) and (C) of
paragraph (1), a local educational agency shall use
Federal funds subject to this subsection only to sup-
plement the amount of funds that would, in the ab-
sence of such Federal funds, be made available from
non-Federal sources for school repair and renova-
tion.
520
‘‘(d) SPECIAL RULE.—Each local educational agency
that receives funds under this section shall ensure that,
if it carries out construction, repair, or renovation through
a contract, any such contract process ensures the max-
imum number of qualified bidders, including small, minor-
ity, and women-owned businesses, through full and open
competition.
‘‘(e) PUBLIC COMMENT.—Each local educational
agency receiving funds under paragraph (2) of subsection
(b)—
‘‘(1) shall provide parents, educators, and all
other interested members of the community the op-
portunity to consult on the use of funds received
under such paragraph;
‘‘(2) shall provide the public with adequate and
efficient notice of the opportunity described in para-
graph (1) in a widely read and distributed medium;
and
‘‘(3) shall provide the opportunity described in
paragraph (1) in accordance with any applicable
State and local law specifying how the comments
may be received and how the comments may be re-
viewed by any member of the public.
‘‘(f) REPORTING.—
521
‘‘(1) LOCAL
REPORTING.—Each local edu-
cational agency receiving funds under subsection
(a)(1)(D) shall submit a report to the State edu-
cational agency, at such time as the State edu-
cational agency may require, describing the use of
such funds for school construction, repair, and ren-
ovation.
‘‘(2) STATE
REPORTING.—Each State edu-
cational agency shall submit to the Secretary of
Education, not later than December 31, 2002, a re-
port on the use of funds received under subsection
(a)(1)(D) by local educational agencies for school
construction, repair, and renovation.
‘‘(3) ADDITIONAL REPORTS.—Each entity re-
ceiving funds allocated under subsection (a)(1) (A)
of (B) shall submit to the Secretary, not later than
December 31, 2002, a report on its uses of funds
under this section, in such form and containing such
information as the Secretary may require.
‘‘(g) REALLOCATION.—If a State educational agency
does not apply for an allocation of funds under subsection
(a)(1)(D) for fiscal year 2001, or does not use its entire
allocation for such fiscal year, the Secretary may reallo-
cate the amount of the State educational agency’s alloca-
tion (or the remainder thereof, as the case may be) to the
522
remaining State educational agencies in accordance with
subsection (a)(1)(D).
‘‘(h) PARTICIPATION OF PRIVATE SCHOOLS.—
‘‘(1) IN GENERAL.—Section 6402 shall apply to
subsection (b)(2) in the same manner as it applies
to activities under this part, except that—
‘‘(A) such section shall not apply with re-
spect to the title to any real property renovated
or repaired with assistance provided under this
section;
‘‘(B) the term ‘services’ as used in section
6402 with respect to funds under this section
shall be provided only to private, nonprofit ele-
mentary or secondary schools with a rate of
child poverty of at least 40 percent and may in-
clude for purposes of subsection (b)(2) only—
‘‘(i) modifications of school facilities
necessary to meet the standards applicable
to public schools under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101
et seq.);
‘‘(ii) modifications of school facilities
necessary to meet the standards applicable
to public schools under section 504 of the
523
Rehabilitation Act of 1973 (29 U.S.C.
794); and
‘‘(iii) asbestos abatement or removal
from school facilities; and
‘‘(C) notwithstanding the requirements of
section 6402(b), expenditures for services pro-
vided using funds made available under sub-
section (b)(2) shall be considered equal for pur-
poses of such section if the per-pupil expendi-
tures for services described in subparagraph
(B) for students enrolled in private nonprofit el-
ementary and secondary schools that have child
poverty rates of at least 40 percent are con-
sistent with the per-pupil expenditures under
this section for children enrolled in the public
schools in the school district of the local edu-
cational agency receiving funds under this sec-
tion.
‘‘(2) REMAINING
FUNDS.—If the expenditure
for services described in paragraph (1)(B) is less
than the amount calculated under paragraph (1)(C)
because of insufficient need for such services, the re-
mainder shall be available to the local educational
agency for renovation and repair of public school fa-
cilities.
524
‘‘(3) APPLICATION.—If any provision of this
section, or the application thereof, to any person or
circumstances is judicially determined to be invalid,
the provisions of the remainder of the section and
the application to other persons or circumstances
shall not be affected thereby.
‘‘(i) DEFINITIONS.—For purposes of this section:
‘‘(1) POOR CHILDREN AND CHILD POVERTY.—
The terms ‘poor children’ and ‘child poverty’ refer to
children 5 to 17 years of age, inclusive, who are
from families with incomes below the poverty line
(as defined by the Office of Management and Budg-
et and revised annually in accordance with section
673(2) of the Community Services Block Grant (42
U.S.C. 9902(2)) applicable to a family of the size in-
volved for the most recent fiscal year for which data
satisfactory to the Secretary are available.
‘‘(2) RURAL LOCAL EDUCATIONAL AGENCY.—
The term ‘rural local educational agency’ means a
local educational agency that the State determines is
located in a rural area using objective data and a
commonly employed definition of the term ‘rural’.
‘‘SEC. 6502. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $2,256,000,000 for fiscal
525
year 2002, $3,414,000,000 for fiscal year 2003,
$4,619,000,000 for fiscal year 2004, $5,874,000,000 for
fiscal year 2005, and $7,179,000,000 for fiscal year
2006.’’.
TITLE VII—EDUCATION OF LIM-
ITED ENGLISH PROFICIENT
CHILDREN AND EMERGENCY
IMMIGRANT EDUCATION
SEC. 701. PROGRAMS AUTHORIZED.
Title VII (20 U.S.C. 7401 et seq.) is amended to read
as follows:
‘‘TITLE VII—EDUCATION OF LIM-
ITED ENGLISH PROFICIENT
CHILDREN AND EMERGENCY
IMMIGRANT EDUCATION
‘‘PART A—INSTRUCTIONAL PROGRAMS FOR
LIMITED ENGLISH PROFICIENT STUDENTS
‘‘SEC. 7101. SHORT TITLE.
‘‘This part may be cited as the ‘Bilingual Instruction
and Academic Achievement Act’.
‘‘SEC. 7102. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) since 1979, the number of limited English
proficient children attending school in the United
States has more than doubled to greater than
526
4,000,000, and demographic trends indicate the pop-
ulation of limited English proficient children will
continue to increase;
‘‘(2) limited English proficient children must
overcome a number of challenges in receiving an
education in order to enable such children to partici-
pate fully in American society, including—
‘‘(A) segregated education programs;
‘‘(B) disproportionate and improper place-
ment in special education and other special pro-
grams due to the use of inappropriate evalua-
tion procedures;
‘‘(C) the limited English proficiency of
their own parents, which hinders the parents’
ability to fully participate in the education of
their children; and
‘‘(D) a need for additional teachers and
other staff who are professionally trained and
qualified to serve such children;
‘‘(3) States and local educational agencies need
assistance in developing the capacity to provide pro-
grams of instruction that offer and provide an equal
educational opportunity to children who need special
assistance because English is not their dominant
language;
527
‘‘(4) as the world becomes increasingly inter-
dependent and as international communication be-
comes a daily occurrence in government, business,
commerce, and family life, language skills constitute
an important national resource which deserves pro-
tection and development;
‘‘(5) Native Americans and Native American
languages (as such terms are defined in section 103
of the Native American Languages Act), including
native residents of the outlying areas, have a unique
status under Federal law that requires special poli-
cies within the broad purposes of this Act to serve
the education needs of language minority students in
the United States;
‘‘(6) the Federal Government, as exemplified by
title VI of the Civil Rights Act of 1964 and section
204(f) of the Equal Education Opportunities Act of
1974, has a special and continuing obligation to en-
sure that States and local educational agencies take
appropriate action to provide equal educational op-
portunities to children of limited English proficiency;
and
‘‘(7) research, evaluation, and data collection
capabilities in the field of instruction for limited
English proficient children need to be strengthened
528
so that educators and other staff teaching limited
English proficient children in the classroom can bet-
ter identify and promote programs, program imple-
mentation strategies, and instructional practices that
result in the effective education of limited English
proficient children.
‘‘(b) PURPOSES.—The purposes of this part are—
‘‘(1) to help ensure that children who are lim-
ited English proficient are provided appropriate in-
struction that ensures they can demonstrate English
proficiency, develop high levels of academic attain-
ment in English, and meet the same challenging
State content standards and challenging State stu-
dent performance standards expected of all children;
and
‘‘(2) to develop high quality instructional pro-
grams designed to assist local educational agencies
in teaching limited English proficient children.
‘‘SEC. 7103. PARENTAL NOTIFICATION AND CONSENT FOR
ENGLISH LANGUAGE INSTRUCTION.
‘‘(a) NOTIFICATION.—If a local educational agency
receives funds under this part, the agency shall inform a
parent or the parents of a child being assisted under this
part of—
529
‘‘(1) the reasons for the identification of the
child as being in need of academic and language in-
struction;
‘‘(2) the child’s level of English proficiency, how
such level was assessed, and the status of the child’s
academic achievement;
‘‘(3) how the instruction program will specifi-
cally help the child acquire English and meet age-
appropriate standards for grade promotion and
graduation;
‘‘(4) what the specific exit requirements are for
the program;
‘‘(5) what programs are available to meet the
student’s educational strengths and needs and how
the programs differ in content and instructional
goals, and in the case of a student with a disability,
how the program meets the objectives of the stu-
dent’s individualized education program; and
‘‘(6) the expected rate of graduation from high
school for the program if funds under this part are
used for children in secondary schools.
‘‘(b) PARENTAL RIGHTS.—A parent or the parents
of a child participating in an instruction program for lim-
ited English proficient children assisted under this part
shall—
530
‘‘(1) be afforded an opportunity to select among
methods of instruction, if more than one method is
offered in the program; and
‘‘(2) have the right to have their child imme-
diately removed from the program upon their re-
quest.
‘‘(c) RECEIPT OF INFORMATION.—A parent or the
parents of a child identified for participation in an English
language instruction program for limited English pro-
ficient children assisted under this part shall receive, in
a manner and form understandable to the parent or par-
ents, the information required by this subsection. At a
minimum, the parent or parents shall receive—
‘‘(1) timely information about English language
instruction programs for limited English proficient
children assisted under this part;
‘‘(2) if a parent of a participating child so de-
sires, notice of opportunities for regular meetings for
the purpose of formulating and responding to rec-
ommendations from such parents; and
‘‘(3) procedural information for removing a
child from a program for limited English proficient
children.
‘‘(d) BASIS FOR ADMISSION OR EXCLUSION.—Stu-
dents shall not be admitted to or excluded from any feder-
531
ally assisted education program on the basis of a surname
or language-minority status.
‘‘(e) CIVIL RIGHTS PROTECTION.—A local edu-
cational agency shall not be relieved of any of its obliga-
tions under title VI of the Civil Rights Act of 1964 be-
cause parents choose not to enroll their children in a spe-
cialized instructional program to help their child learn
English.
‘‘SEC. 7104. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) SUBPART 1.—For the purpose of carrying out
subpart 1 there are authorized to be appropriated
$500,000,000 for fiscal year 2002 and such sums as may
be necessary for the 4 succeeding fiscal years.
‘‘(b) SUBPART 2.—For the purpose of carrying out
subpart 2, there are authorized to be appropriated
$60,000,000 for fiscal year 2002 and such sums as may
be necessary for the 4 succeeding fiscal years.
‘‘(c) SUBPART 3.—For the purpose of carrying out
subpart 4, there are authorized to be appropriated
$16,000,000 for fiscal year 2002 and such sums as may
be necessary for the 4 succeeding fiscal years.
532
‘‘Subpart 1—Instructional Programs
‘‘SEC. 7111. FINANCIAL ASSISTANCE FOR PROGRAMS FOR
LIMITED ENGLISH PROFICIENT CHILDREN.
‘‘The purpose of this subpart is to assist local edu-
cational agencies, institutions of higher education, and
community-based organizations, through the grants au-
thorized under section 7112, to—
‘‘(1) develop and enhance their capacity to pro-
vide high-quality instruction through language in-
struction and programs which assist limited English
proficient children in achieving the same high levels
of academic achievement as other children; and
‘‘(2) help such children—
‘‘(A) develop proficiency in English; and
‘‘(B) meet the same challenging State con-
tent standards and challenging State student
performance standards expected for all children
as required by section 1111(b).
‘‘SEC. 7112. FINANCIAL ASSISTANCE FOR INSTRUCTIONAL
SERVICES.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to award grants to eligible entities having applica-
tions approved under section 7114 to enable such
entities to carry out activities described in subsection
(b).
533
‘‘(2) LENGTH OF GRANT.—Each grant under
this section shall be awarded for a period of 3 to 5
years, as determined by the Secretary, based on the
type of grant for which the eligible entity applies.
‘‘(b) AUTHORIZED
ACTIVITIES.—Grants awarded
under this section shall be used to improve the education
of limited English proficient children and their families,
through the acquisition of English and the attainment of
challenging State academic content standards and chal-
lenging State performance standards using scientifically-
based research approaches and methodologies, by—
‘‘(1) developing and implementing new language
and academic content instructional programs for
children who are limited English proficient, includ-
ing programs of early childhood education and kin-
dergarten through 12th grade education, that are
aligned with the State’s challenging academic, con-
tent, and performance standards;
‘‘(2) carrying out highly focused, innovative, lo-
cally designed projects to expand or enhance existing
English language and academic content instruction
programs for limited English proficient children;
‘‘(3) implementing, within an individual school,
schoolwide programs for restructuring, reforming,
and upgrading all relevant programs and operations
535
guage instructional programs that are coordinated
with other relevant programs and services;
‘‘(5) to provide professional development to
classroom teachers, administrators, and other school
or community-based organizational personnel to im-
prove the instruction and assessment of children who
are limited English proficient children;
‘‘(6) to improve the English language pro-
ficiency and academic performance of limited
English proficient children;
‘‘(7) to improve the instruction of limited
English proficient children by providing for the ac-
quisition or development of education technology or
instructional materials, access to and participation
in electronic networks for materials, training and
communications, and incorporation of such resources
in curricula and programs, such as those funded
under this subpart;
‘‘(8) to develop tutoring programs for limited
English proficient children that provide early inter-
vention and intensive instruction in order to improve
academic achievement, to increase graduation rates
among limited English proficient children, and to in-
crease English proficiency among such children;
536
‘‘(9) to develop accountability systems to mon-
itor the academic progress and English proficiency
of limited proficient students and formerly limited
English proficient students;
‘‘(10) to provide family literacy services and
parent outreach and training activities to limited
English proficient children and their families to im-
prove their English language skills and assist par-
ents in helping their children to improve their aca-
demic performance; and
‘‘(11) to undertake other activities that are con-
sistent with the purposes of this subpart.
‘‘(d) SPECIAL RULE.—A grant recipient, before car-
rying out a program assisted under this section, shall plan,
train personnel, develop curricula, and acquire or develop
materials.
‘‘(e) ELIGIBLE ENTITIES.—For the purpose of this
section, the term ‘eligible entity’ means—
‘‘(1) one or more local educational agencies; or
‘‘(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization, or local or State edu-
cational agency.
537
‘‘SEC. 7113. NATIVE AMERICAN AND ALASKA NATIVE CHIL-
DREN IN SCHOOL.
‘‘(a) ELIGIBLE ENTITIES.—For the purpose of car-
rying out programs under this subpart for individuals
served by elementary, secondary, and postsecondary
schools operated predominately for Native American or
Alaska Native children, an Indian tribe, a tribally sanc-
tioned educational authority, a Native Hawaiian or Native
American Pacific Islander native language education orga-
nization, or an elementary or secondary school that is op-
erated or funded by the Bureau of Indian Affairs shall
be considered to be a local educational agency as such
term is used in this subpart, subject to the following quali-
fications:
‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaska Na-
tive village or regional or village corporation as de-
fined in or established pursuant to the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.),
that is recognized for the special programs and serv-
ices provided by the United States to Indians be-
cause of their status as Indians.
‘‘(2) TRIBALLY SANCTIONED EDUCATIONAL AU-
THORITY.—The term ‘tribally sanctioned educational
authority’ means—
538
‘‘(A) any department or division of edu-
cation operating within the administrative
structure of the duly constituted governing body
of an Indian tribe; and
‘‘(B) any nonprofit institution or organiza-
tion that is—
‘‘(i) chartered by the governing body
of an Indian tribe to operate any such
school or otherwise to oversee the delivery
of educational services to members of that
tribe; and
‘‘(ii) approved by the Secretary for
the purpose of this section.
‘‘(b) ELIGIBLE
ENTITY
APPLICATION.—Notwith-
standing any other provision of this subpart, each eligible
entity described in subsection (a) shall submit any applica-
tion for assistance under this subpart directly to the Sec-
retary along with timely comments on the need for the
proposed program.
‘‘SEC. 7114. APPLICATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) SECRETARY.—To receive a grant under
this subpart, an eligible entity shall submit an appli-
cation to the Secretary at such time, in such form,
539
and containing such information as the Secretary
may require.
‘‘(2) STATE EDUCATIONAL AGENCY.—An eligi-
ble entity, with the exception of schools funded by
the Bureau of Indian Affairs, shall submit a copy of
its application under this section to the State edu-
cational agency.
‘‘(b) REQUIRED DOCUMENTATION.—Such applica-
tion shall include documentation that the applicant has
the qualified personnel required to develop, administer,
and implement the proposed program.
‘‘(c) CONTENTS.—
‘‘(1) IN GENERAL.—An application for a grant
under this subpart shall contain the following:
‘‘(A) A description of the need for the pro-
posed program, and a comprehensive descrip-
tion of the characteristics relevant to the chil-
dren being served.
‘‘(B) An assurance that, if the applicant
includes one or more local educational agencies,
each such agency is complying with section
7103(b) prior to, and throughout, each school
year.
‘‘(C) A description of the program to be
implemented and how such program’s design—
540
‘‘(i) relates to the English language
and academic needs of the children of lim-
ited English proficiency to be served;
‘‘(ii) is coordinated with other pro-
grams under this Act and other Acts, as
appropriate, in accordance with section
10206;
‘‘(iii) involves the parents of the chil-
dren of limited English proficiency to be
served;
‘‘(iv) ensures accountability in achiev-
ing high academic standards; and
‘‘(v) promotes coordination of services
for the children of limited English pro-
ficiency to be served and their families.
‘‘(D) A description, if appropriate, of the
applicant’s collaborative activities with institu-
tions of higher education, community-based or-
ganizations, local or State educational agencies,
private schools, nonprofit organizations, or busi-
nesses in carrying out the proposed program.
‘‘(E) An assurance that the applicant will
not reduce the level of State and local funds
that the applicant expends for programs for
541
limited English proficient children if the appli-
cant receives an award under this subpart.
‘‘(F) An assurance that the applicant will
employ teachers in the proposed program who
are proficient in English, including written and
oral communication skills, and another lan-
guage, if appropriate.
‘‘(G) A budget for grant funds.
‘‘(H) A description of how the applicant
annually will assess the English proficiency of
all children with limited English proficiency
participating in programs funded under this
subpart.
‘‘(I) Data on the number of limited
English proficient students that will be served.
‘‘(J) The characteristics of the students to
be served, including—
‘‘(i) the proficiency of such students
in English; and
‘‘(ii) achievement data, in the aggre-
gate, of such students in core academic
subjects.
‘‘(2) ADDITIONAL INFORMATION.—Each appli-
cant for a grant under section 7112 who intends to
542
use the grant for a purpose described in paragraph
(3) or (4) of subsection (b) of such section—
‘‘(A) shall describe—
‘‘(i) how services provided under this
subpart are supplementary to existing serv-
ices;
‘‘(ii) how funds received under this
subpart will be integrated, as appropriate,
with all other Federal, State, local, and
private resources that may be used to serve
children of limited English proficiency;
‘‘(iii) specific achievement and school
retention goals for the children to be
served by the proposed program and how
progress toward achieving such goals will
be measured; and
‘‘(iv) current family literacy programs
if applicable; and
‘‘(B) shall provide assurances that the pro-
gram funded will be integrated with the overall
educational program.
‘‘(d) APPROVAL OF APPLICATIONS.—An application
for a grant under this subpart may be approved only if
the Secretary determines that—
543
‘‘(1) the program will use qualified personnel,
including personnel who are proficient in English
and other languages used in instruction, if appro-
priate;
‘‘(2) in designing the program for which appli-
cation is made, the needs of children in nonprofit
private elementary and secondary schools have been
taken into account through consultation with appro-
priate private school officials and, consistent with
the number of such children enrolled in such schools
in the area to be served whose educational needs are
of the type and whose language and grade levels are
of a similar type to those which the program is in-
tended to address, after consultation with appro-
priate private school officials, provision has been
made for the participation of such children on a
basis comparable to that provided for public school
children;
‘‘(3) student evaluation and assessment proce-
dures in the program are valid, reliable, and fair for
limited English proficient students, and that limited
English proficient students who are disabled are
identified and served in accordance with the require-
ments of the Individuals with Disabilities Education
Act;
544
‘‘(4) Federal funds made available for the
project or activity will be used so as to supplement
the level of State and local funds that, in the ab-
sence of such Federal funds, would have been ex-
pended for special programs for limited English pro-
ficient children and in no case to supplant such
State and local funds, except that nothing in this
paragraph shall be construed to preclude a local edu-
cational agency from using funds under this title for
activities carried out under an order of a court of
the United States or of any State respecting services
to be provided such children, or to carry out a plan
approved by the Secretary as adequate under title
VI of the Civil Rights Act of 1964 with respect to
services to be provided such children; and
‘‘(5) the assistance provided under the applica-
tion will contribute toward building the capacity of
the applicant to provide a program on a regular
basis, similar to that proposed for assistance, which
will be of sufficient size, scope, and quality to prom-
ise significant improvement in the education of stu-
dents of limited English proficiency, and that the
applicant will have the resources and commitment to
continue the program when assistance under this
subpart is reduced or no longer available.
545
‘‘(e) CONSIDERATION.—In approving applications
under this subpart, the Secretary shall give consideration
to the degree to which the program for which assistance
is sought involves the collaborative efforts of institutions
of higher education, community-based organizations, the
appropriate local and State educational agency, or busi-
nesses.
‘‘SEC. 7115. INTENSIFIED INSTRUCTION.
‘‘In carrying out this subpart, each grant recipient
may intensify instruction for limited English proficient
students by—
‘‘(1) expanding the educational calendar of the
school in which such student is enrolled to include
programs before and after school and during the
summer months;
‘‘(2) applying technology to the course of in-
struction; and
‘‘(3) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities,
during times when school is not routinely in session.
‘‘SEC. 7116. CAPACITY BUILDING.
‘‘Each recipient of a grant under this subpart shall
use the grant in ways that will build such recipient’s ca-
pacity to continue to offer high-quality language instruc-
546
tion and programs which assist limited English proficient
children in achieving the same high levels of academic
achievement as other children, once Federal assistance is
reduced or eliminated.
‘‘SEC. 7117. SUBGRANTS.
‘‘A local educational agency that receives a grant
under this subpart may, with the approval of the Sec-
retary, make a subgrant to, or enter into a contract with,
an institution of higher education, a nonprofit organiza-
tion, or a consortium of such entities to carry out an ap-
proved program, including a program to serve out-of-
school youth.
‘‘SEC. 7118. SPECIAL CONSIDERATION.
‘‘The Secretary shall give special consideration to ap-
plications under this subpart that describe a program
that—
‘‘(1) enrolls a large percentage or large number
of limited English proficient students;
‘‘(2) takes into account significant increases in
limited English proficient children, including such
children in areas with low concentrations of such
children; and
‘‘(3) ensures that activities assisted under this
subpart address the needs of school systems of all
547
sizes and geographic areas, including rural and
urban schools.
‘‘SEC. 7119. COORDINATION WITH OTHER PROGRAMS.
‘‘In order to secure the most flexible and efficient use
of Federal funds, any State receiving funds under this
subpart shall coordinate its program with other programs
under this Act and other Acts, as appropriate, in accord-
ance with section 10206.
‘‘SEC. 7120. NOTIFICATION.
‘‘The State educational agency, and when applicable,
the State board for postsecondary education, shall be noti-
fied within three working days of the date an award under
this subpart is made to an eligible entity within the State.
‘‘SEC. 7121. STATE GRANT PROGRAM.
‘‘(a) STATE GRANT PROGRAM.—The Secretary is au-
thorized to make an award to a State educational agency
that demonstrates, to the satisfaction of the Secretary,
that such agency, through such agency’s own programs
and other Federal education programs, effectively provides
for the education of children of limited English proficiency
within the State.
‘‘(b) PAYMENTS.—The amount paid to a State edu-
cational agency under subsection (a) shall not exceed 5
percent of the total amount awarded to local educational
agencies within the State under subpart 1 for the previous
548
fiscal year, except that in no case shall the amount paid
by the Secretary to any State educational agency under
this subsection for any fiscal year be less than $100,000.
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
shall use funds awarded under this section for pro-
grams authorized by this section—
‘‘(A) to assist local educational agencies in
the State with program design, capacity build-
ing, assessment of student performance, and
program evaluation; and
‘‘(B) to collect data on the State’s limited
English proficient populations and the edu-
cational programs and services available to such
populations.
‘‘(2) TRAINING.—The State educational agency
may also use funds provided under this section for
the training of State educational agency personnel in
educational issues affecting limited English pro-
ficient children.
‘‘(3) SPECIAL
RULE.—Recipients of funds
under this section shall not restrict the provision of
services under this section to federally funded pro-
grams.
549
‘‘(d) APPLICATIONS.—A State educational agency de-
siring to receive funds under this section shall submit an
application to the Secretary in such form, at such time,
and containing such information and assurances as the
Secretary may require.
‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made
available under this section for any fiscal year shall be
used by the State educational agency to supplement and,
to the extent practical, to increase to the level of funds
that would, in the absence of such funds, be made avail-
able by the State for the purposes described in this sec-
tion, and in no case to supplant such funds.
‘‘(f) REPORT
TO
THE
SECRETARY.—State edu-
cational agencies receiving awards under this section shall
provide for the annual submission of a summary report
to the Secretary describing such State’s use of such funds.
‘‘Subpart 2—Professional Development
‘‘SEC. 7131. PURPOSE.
‘‘The purpose of this subpart is to assist in preparing
educators to improve educational services for limited
English proficient children by supporting professional de-
velopment programs primarily aimed at improving and de-
veloping the skills of instructional staff in elementary and
secondary schools and on assisting limited English pro-
ficient children to attain English proficiency and meet
550
challenging State academic content standards and chal-
lenging State performance standards.
‘‘SEC. 7132. PROFESSIONAL DEVELOPMENT AND FELLOW-
SHIPS.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to award grants, as appropriate, to local educational
agencies, institutions of higher education, State edu-
cational agencies, public and private organizations in
consortium with a local educational agency, or a con-
sortium of such agencies or institutions, except that
any such consortium shall include a local educational
agency.
‘‘(2) GRANT PURPOSE.—Grants awarded under
this section shall be used for one or more of the fol-
lowing purposes:
‘‘(A) To develop and provide ongoing in-
service professional development, including pro-
fessional development necessary to receive cer-
tification as a teacher of limited English pro-
ficient children, for teachers of limited English
proficient children, school administrators and, if
appropriate, pupil services personnel, and other
educational personnel who are involved in, or
preparing to be involved in, the provision of
551
educational services to limited English pro-
ficient children.
‘‘(B) To provide for the incorporation of
courses and curricula on appropriate and effec-
tive instructional and assessment methodolo-
gies, strategies, and resources specific to limited
English proficient students into in-service pro-
fessional development programs for teachers,
administrators and, if appropriate, pupil serv-
ices personnel, and other educational personnel
in order to prepare such individuals to provide
effective services to limited English proficient
students.
‘‘(C) To upgrade the qualifications and
skills of teachers to ensure that they are fully
qualified (as defined by section 1610) and meet
high professional standards, including certifi-
cation and licensure as a teacher of limited
English proficient students.
‘‘(D) To upgrade the qualifications and
skills of paraprofessionals to ensure they meet
the requirements under section 1119 and meet
high professional standards to assist, as appro-
priate, teachers who instruct limited English
proficient students.
552
‘‘(E) To train secondary school students as
teachers of limited English proficient children
and to train, as appropriate, other education
personnel to serve limited English proficient
students.
‘‘(F) To award fellowships for—
‘‘(i) study in such areas as teacher
training, program administration, research
and evaluation, and curriculum develop-
ment, at the master’s, doctoral, or post-
doctoral degree level, related to instruction
of children and youth of limited English
proficiency; and
‘‘(ii) the support of dissertation re-
search related to such study.
‘‘(G) To recruit elementary and secondary
school teachers of limited English proficient
children.
‘‘(b) DURATION AND LIMITATION.—
‘‘(1) GRANT PERIOD.—Each grant under this
section shall be awarded for a period of not more
than 5 years.
‘‘(2) LIMITATION.—Not more than 15 percent
of the amount of the grant may be expended for the
553
purposes described in subparagraphs (F) and (G) of
subsection (a)(2).
‘‘(c) 
PROFESSIONAL
DEVELOPMENT
REQUIRE-
MENTS.—
‘‘(1) ACTIVITIES.—A recipient of a grant under
this section may use the grant funds for the fol-
lowing professional development activities:
‘‘(A) Designing and implementing of in-
duction programs for new teachers, including
mentoring and coaching by trained teachers,
team teaching with experienced teachers, com-
pensation for, and availability of, time for ob-
servation of, and consultation with, experienced
teachers, and compensation for, and availability
of, additional time for course preparation.
‘‘(B) Implementing collaborative efforts
among teachers to improve instruction in read-
ing and other core academic areas for students
with limited English proficiency, including pro-
grams that facilitate teacher observation and
analysis of fellow teachers’ classroom practice.
‘‘(C) Supporting long-term collaboration
among teachers and outside experts to improve
instruction of limited English proficient stu-
dents.
554
‘‘(D) Coordinating project activities with
other programs, such as those under the Head
Start Act, and titles I and II of this Act, and
titles II and V of the Higher Education Act of
1965.
‘‘(E) Developing curricular materials and
assessments for teachers that are aligned with
State and local standards and the needs of the
limited English proficient students to be served.
‘‘(F) Instructing teachers and, where ap-
propriate, other personnel working with limited
English children on how—
‘‘(i) to utilize test results to improve
instruction for limited English proficient
children so the children can meet the same
challenging State content standards and
challenging State performance standards
as other students; and
‘‘(ii) to help parents understand the
results of such assessments.
‘‘(G) Contracting with institutions of high-
er education to allow them to provide in-service
training to teachers, and, where appropriate,
other personnel working with limited English
proficient children to improve the quality of
555
professional development programs for limited
English proficient students.
‘‘(H) Such other activities as are con-
sistent with the purpose of this section.
‘‘(2) ADDITIONAL REQUIREMENTS FOR PROFES-
SIONAL DEVELOPMENT FUNDS.—Uses of funds re-
ceived 
under 
this 
section 
for 
professional
development—
‘‘(A) shall advance teacher understanding
of effective instructional strategies based on sci-
entifically based research for improving student
achievement;
‘‘(B) shall be of sufficient intensity and
duration (not to include 1-day or short-term
workshops and conferences) to have a positive
and lasting impact on teachers’ performance in
the classroom;
‘‘(C) shall be developed with extensive par-
ticipation of teachers, principals, parents, and
administrators of schools to be served under
subparts 1 and 2 of part A; and
‘‘(D) as a whole, shall be regularly evalu-
ated for their impact on increased teacher effec-
tiveness and improved student achievement,
556
with the findings of such evaluations used to
improve the quality of professional development.
‘‘(d) FELLOWSHIP REQUIREMENTS.—
‘‘(1) IN GENERAL.—Any person receiving a fel-
lowship under subsection (a)(2)(F) shall agree—
‘‘(A) to work as a teacher of limited
English proficient children, or in a program or
an activity funded under this part, for a period
of time equivalent to the period of time during
which the person receives such fellowship; or
‘‘(B) to repay the amount received pursu-
ant to the fellowship award.
‘‘(2) REGULATIONS.—The Secretary shall es-
tablish in regulations such terms and conditions for
agreements under paragraph (1) as the Secretary
deems reasonable and necessary and may waive the
requirement of such paragraph in extraordinary cir-
cumstances.
‘‘(3) PRIORITY.—In awarding fellowships under
this section, the Secretary shall give priority to fel-
lowship applicants applying for study or dissertation
research at institutions of higher education that
have demonstrated a high level of success in placing
fellowship recipients into employment in elementary
and secondary schools.
557
‘‘(4) INFORMATION.—The Secretary shall in-
clude information on the operation and the number
of fellowships awarded under this section in the eval-
uation required under section 7303.
‘‘SEC. 7133. APPLICATION.
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION TO SECRETARY.—In order to
receive a grant under section 7132, an agency, insti-
tution, organization, or consortium described in sub-
section (a)(1) of such section shall submit an appli-
cation to the Secretary at such time, in such form,
and containing such information as the Secretary
may require.
‘‘(2) CONTENTS.—Each such application shall
include—
‘‘(A) a description of the proposed profes-
sional development or graduate fellowship pro-
grams to be implemented with the grant;
‘‘(B) a description of the scientific research
on which the program or programs are based;
and
‘‘(C) an assurance that funds will be used
to supplement and not supplant other profes-
sional development activities that affect the
558
teaching and learning in elementary and sec-
ondary schools, as appropriate.
‘‘(b) APPROVAL.—The Secretary shall only approve
an application under this section if it meets the require-
ments of this section and is of sufficient quality to meet
the purposes of this subpart.
‘‘(c) SPECIAL RULES.—
‘‘(1) OUTREACH
AND
TECHNICAL
ASSIST-
ANCE.—The Secretary shall provide for outreach
and technical assistance to institutions of higher
education eligible for assistance under titles III and
V of the Higher Education Act of 1965 and institu-
tions of higher education that are operated or fund-
ed by the Bureau of Indian Affairs to facilitate the
participation of such institutions under this subpart.
‘‘(2) DISTRIBUTION.—In making awards under
this subpart, the Secretary shall ensure adequate
representation of Hispanic-serving institutions (as
defined in section 502 of the Higher Education Act
of 1965) that demonstrate competence and experi-
ence in the programs and activities authorized under
this subpart and are otherwise qualified.
‘‘SEC. 7134. PROGRAM EVALUATIONS.
‘‘Each recipient of funds under this subpart shall pro-
vide the Secretary with an evaluation of the program as-
559
sisted under this subpart every 2 years. Such evaluation
shall include data on—
‘‘(1) post-program placement of persons trained
in a program assisted under this subpart;
‘‘(2) how such training relates to the employ-
ment of persons served by the program;
‘‘(3) program completion; and
‘‘(4) such other information as the Secretary
may require.
‘‘SEC. 7135. USE OF FUNDS FOR SECOND LANGUAGE COM-
PETENCE.
‘‘Funds received under this subpart may be used to
develop any program participant’s competence in a second
language for use in instructional programs.
‘‘Subpart 3—Research, Evaluation, and
Dissemination
‘‘SEC. 7141. AUTHORITY.
‘‘The Secretary shall conduct and coordinate, through
the Office of Educational Research and Improvement and
in coordination with the Office of Educational Services for
Limited English Proficient Children, research for the pur-
pose of improving language and academic content instruc-
tion for children who are limited English proficient. Activi-
ties under this section shall be limited to research to iden-
tify successful models for teaching limited English pro-
560
ficient children English, research to identify successful
models for assisting such children to meet challenging
State content and student performance standards, and
distribution of research results to States for dissemination
to schools with populations of students who are limited
English proficient. Research conducted under this section
may not focus solely on any one method of instruction.
‘‘SEC. 7142. NATIONAL CLEARINGHOUSE FOR BILINGUAL
EDUCATION.
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and support the operation of a National Clearinghouse
for Bilingual Education, which shall collect, analyze, syn-
thesize, and disseminate information about bilingual edu-
cation and related programs.
‘‘(b) FUNCTIONS.—The National Clearinghouse for
Bilingual Education shall—
‘‘(1) be administered as an adjunct clearing-
house of the Educational Resources Information
Center Clearinghouses system of clearinghouses sup-
ported by the Office of Educational Research and
Improvement;
‘‘(2) coordinate its activities with Federal data
and information clearinghouses and dissemination
networks and systems;
561
‘‘(3) develop a database management and moni-
toring system for improving the operation and effec-
tiveness of federally funded bilingual education pro-
grams; and
‘‘(4) develop, maintain, and disseminate a list-
ing by geographical area of education professionals,
parents, teachers, administrators, community mem-
bers, and others who are native speakers of lan-
guages other than English for use as a resource by
local educational agencies and schools in the develop-
ment and implementation of bilingual education pro-
grams.
‘‘PART B—EMERGENCY IMMIGRANT EDUCATION
PROGRAM
‘‘SEC. 7201. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the education of our Nation’s children and
youth is one of the most sacred government respon-
sibilities;
‘‘(2) local educational agencies have struggled
to fund adequately education services; and
‘‘(3) immigration policy is solely a responsibility
of the Federal Government.
‘‘(b) PURPOSE.—The purpose of this part is to assist
eligible local educational agencies that experience unex-
562
pectedly large increases in their student population due
to immigration—
‘‘(1) to provide high-quality instruction to im-
migrant children and youth; and
‘‘(2) to help such children and youth—
‘‘(A) with their transition into American
society; and
‘‘(B) meet the same challenging State per-
formance standards expected of all children and
youth.
‘‘SEC. 7202. STATE ADMINISTRATIVE COSTS.
‘‘For any fiscal year, a State educational agency may
reserve not more than 1.5 percent of the amount allocated
to such agency under section 7204 to pay the costs of per-
forming such agency’s administrative functions under this
part.
‘‘SEC. 7203. WITHHOLDING.
‘‘Whenever the Secretary, after providing reasonable
notice and opportunity for a hearing to any State edu-
cational agency, finds that there is a failure to meet the
requirement of any provision of this part, the Secretary
shall notify that agency that further payments will not be
made to the agency under this part, or in the discretion
of the Secretary, that the State educational agency shall
not make further payments under this part to specified
563
local educational agencies whose actions cause or are in-
volved in such failure until the Secretary is satisfied that
there is no longer any such failure to comply. Until the
Secretary is so satisfied, no further payments shall be
made to the State educational agency under this part, or
payments by the State educational agency under this part
shall be limited to local educational agencies whose actions
did not cause or were not involved in the failure, as the
case may be.
‘‘SEC. 7204. STATE ALLOCATIONS.
‘‘(a) PAYMENTS.—The Secretary shall, in accordance
with the provisions of this section, make payments to
State educational agencies for each of the fiscal years
2002 through 2006 for the purpose set forth in section
7201(b).
‘‘(b) ALLOCATIONS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (c) and (d), of the amount appropriated for
each fiscal year for this part, each State partici-
pating in the program assisted under this part shall
receive an allocation equal to the proportion of such
State’s number of immigrant children and youth
who are enrolled in public elementary or secondary
schools under the jurisdiction of each local edu-
cational agency described in paragraph (2) within
564
such State, and in nonpublic elementary or sec-
ondary schools within the district served by each
such local educational agency, relative to the total
number of immigrant children and youth so enrolled
in all the States participating in the program as-
sisted under this part.
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—The local educational agencies referred to in
paragraph (1) are those local educational agencies in
which the sum of the number of immigrant children
and youth who are enrolled in public elementary or
secondary schools under the jurisdiction of such
agencies, and in nonpublic elementary or secondary
schools within the districts served by such agencies,
during the fiscal year for which the payments are to
be made under this part, is equal to—
‘‘(A) at least 500; or
‘‘(B) at least 3 percent of the total number
of students enrolled in such public or nonpublic
schools during such fiscal year,
whichever number is less.
‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN
AND YOUTH.—
‘‘(1) IN GENERAL.—Determinations by the Sec-
retary under this section for any period with respect
565
to the number of immigrant children and youth shall
be made on the basis of data or estimates provided
to the Secretary by each State educational agency in
accordance with criteria established by the Sec-
retary, unless the Secretary determines, after notice
and opportunity for a hearing to the affected State
educational agency, that such data or estimates are
clearly erroneous.
‘‘(2) SPECIAL RULE.—No such determination
with respect to the number of immigrant children
and youth shall operate because of an underestimate
or overestimate to deprive any State educational
agency of the allocation under this section that such
State would otherwise have received had such deter-
mination been made on the basis of accurate data.
‘‘(d) REALLOCATION.—Whenever the Secretary de-
termines that any amount of a payment made to a State
under this part for a fiscal year will not be used by such
State for carrying out the purpose for which the payment
was made, the Secretary shall make such amount available
for carrying out such purpose to one or more other States
to the extent the Secretary determines that such other
States will be able to use such additional amount for car-
rying out such purpose. Any amount made available to a
State from any appropriation for a fiscal year in accord-