(1) IN GENERAL.—Each rural local educational 
agency that seeks to receive a grant under this title 
shall submit to the Secretary for approval an appli-
cation at such time, in such manner, and accom-
panied by such information (in addition to informa-
tion required under paragraph (2)) as the Secretary 
may require. 
(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
(A) documentation that, of the total num-
ber of school buses operated by the rural local 
educational agency, not less than 50 percent of 
the school buses are in need of repair or re-
placement; 
(B) documentation of the number of miles 
that each school bus operated by the rural local 
educational agency traveled in the most recent 
9-month academic year; 
(C) documentation that the rural local edu-
cational agency is operating with a reduced 
fleet of school buses; 
(D) a certification from the rural local 
educational agency that—
(i) authorizes the application of the 
rural local educational agency for a grant 
under this title; and 
(ii) describes the dedication of the 
rural local educational agency to school 
bus replacement programs and school 
transportation needs (including the num-
ber of new school buses needed by the 
rural local educational agency); and 
(E) an assurance that the rural local edu-
cational agency will pay the non-Federal share 
of the cost of the purchase of new school buses 
under this title from non-Federal sources. 
(c) PRIORITY.—In providing grants under this title, 
the Secretary shall give priority to rural local educational 
agencies that, as determined by the Secretary— 
(1) are transporting students in a bus manufac-
tured before 1977; 
(2) have a grossly depleted fleet of school buses; 
or 
(3) serve a school that is required, under sec-
tion 1116(b)(9) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316(b)(9)), to 
provide transportation to students to enable the stu-
dents to transfer to another public school served by 
the rural local educational agency. 
(d) USE OF FUNDS.—School buses purchased with 
grant funds awarded under subsection (a) shall be in com-
pliance with proposed air quality regulations and stand-
ards of the Environmental Protection Agency for 2006. 
(e) PAYMENTS; FEDERAL SHARE.— 
(1) PAYMENTS.—The Secretary shall pay to 
each rural local educational agency having an appli-
cation approved under this section the Federal share 
described in paragraph (2) of the cost of purchasing 
such number of new school buses as is specified in 
the approved application. 
(2) FEDERAL SHARE.—The Federal share of 
the cost of purchasing a new school bus under this 
title shall be 75 percent. 
SEC. 204. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this title $50,000,000 for fiscal year 2006 and such sums 
as may be necessary for each of fiscal years 2007 through 
2010.
TITLE III—SENSE OF THE SEN-
ATE 
REGARDING 
FULLY 
FUNDING THE INDIVIDUALS 
WITH 
DISABILITIES 
EDU-
CATION ACT BY 2011 
SEC. 301. FINDINGS. 
(a) FINDINGS.—The Senate finds the following: 
(1) Disability is a natural part of the human 
experience and in no way diminishes the right of in-
dividuals to participate in or contribute to society. 
Improving educational results for children with dis-
abilities is an essential element of our national policy 
of ensuring equality of opportunity, full participa-
tion, independent living, and economic self-suffi-
ciency for individuals with disabilities. 
(2) Before the date of enactment of the Edu-
cation for All Handicapped Children Act of 1975 
(Public Law 94–142), the predecessor to the Indi-
viduals with Disabilities Education Act (20 U.S.C. 
1400 et seq.), the educational needs of millions of 
children with disabilities were not being fully met be-
cause— 
(A) the children did not receive appro-
priate educational services;
(B) the children were excluded entirely 
from the public school system and from being 
educated with their peers; 
(C) undiagnosed disabilities prevented the 
children from having a successful educational 
experience; or 
(D) a lack of adequate resources within the 
public school system forced such families to find 
services outside the public school system. 
(3) The Individuals with Disabilities Education 
Act has been successful in ensuring children with 
disabilities and the families of such children access 
to a free appropriate public education and in im-
proving educational results for children with disabil-
ities. 
(4) The implementation of the Individuals with 
Disabilities Education Act has been impeded by the 
Federal Government’s failure to honor the commit-
ment it made 30 years ago to provide States with 
40 percent of the excess costs of special education. 
(5) While States, local educational agencies, 
and educational service agencies are primarily re-
sponsible for providing an education for all children 
with disabilities, it is in the national interest that 
the Federal Government have a supporting role in
assisting State and local efforts to educate children 
with disabilities in order to improve results for such 
children and to ensure equal protection of the law. 
(6) Congress passed authorizing language to 
fully fund the Individuals with Disabilities Edu-
cation Act and should appropriate such sums as au-
thorized. 
(7) A more equitable allocation of resources is 
essential for the Federal Government to meet its re-
sponsibility to provide an equal educational oppor-
tunity for all individuals. 
SEC. 302. SENSE OF THE SENATE REGARDING AUTHORIZA-
TION OF APPROPRIATIONS. 
It is the sense of the Senate that for the purpose of 
carrying out the Federal Government’s commitment to 
children, parents, and the States, there should be author-
ized to be appropriated— 
(1) $14,648,647,143 or the maximum amount 
available 
for 
awarding 
grants 
under 
section 
611(a)(2) of the Individuals with Disabilities Edu-
cation Act, whichever is lower, for fiscal year 2006, 
and there should be appropriated $4,058,901,319 
for fiscal year 2006, which should become available 
for obligation on July 1, 2006, and should remain 
available through September 30, 2007, except that if
the maximum amount available for awarding grants 
under section 611(a)(2) of such Act is less than 
$14,648,647,143, then the amount should be re-
duced by the difference between $14,648,647,143 
and the maximum amount available for awarding 
grants under section 611(a)(2) of such Act; 
(2) $16,938,917,714 or the maximum amount 
available 
for 
awarding 
grants 
under 
section 
611(a)(2) of the Individuals with Disabilities Edu-
cation Act, whichever is lower, for fiscal year 2007, 
and there should be appropriated $6,349,171,890 
for fiscal year 2007, which should become available 
for obligation on July 1, 2007, and should remain 
available through September 30, 2008, except that if 
the maximum amount available for awarding grants 
under section 611(a)(2) of such Act is less than 
$16,938,917,714, then the amount should be re-
duced by the difference between $16,938,917,714 
and the maximum amount available for awarding 
grants under section 611(a)(2) of such Act; 
(3) $19,229,188,286 or the maximum amount 
available 
for 
awarding 
grants 
under 
section 
611(a)(2) of the Individuals with Disabilities Edu-
cation Act, whichever is lower, for fiscal year 2008, 
and there should be appropriated $8,639,442,462
for fiscal year 2008, which should become available 
for obligation on July 1, 2008, and should remain 
available through September 30, 2009, except that if 
the maximum amount available for awarding grants 
under section 611(a)(2) of such Act is less than 
$19,229,188,286, then the amount should be re-
duced by the difference between $19,229,188,286 
and the maximum amount available for awarding 
grants under section 611(a)(2) of such Act; 
(4) $21,519,458,857 or the maximum amount 
available 
for 
awarding 
grants 
under 
section 
611(a)(2) of the Individuals with Disabilities Edu-
cation Act, whichever is lower, for fiscal year 2009, 
and there should be appropriated $10,929,713,033 
for fiscal year 2009, which should become available 
for obligation on July 1, 2009, and should remain 
available through September 30, 2010, except that if 
the maximum amount available for awarding grants 
under section 611(a)(2) of such Act is less than 
$21,519,458,857, then the amount should be re-
duced by the difference between $21,519,458,857 
and the maximum amount available for awarding 
grants under section 611(a)(2) of such Act; 
(5) $23,809,729,429 or the maximum amount 
available 
for 
awarding 
grants 
under 
section
611(a)(2) of the Individuals with Disabilities Edu-
cation Act, whichever is lower, for fiscal year 2010, 
and there should be appropriated $13,219,983,605 
for fiscal year 2010, which should become available 
for obligation on July 1, 2010, and should remain 
available through September 30, 2011, except that if 
the maximum amount available for awarding grants 
under section 611(a)(2) of such Act is less than 
$23,809,729,429, then the amount should be re-
duced by the difference between $23,809,729,429 
and the maximum amount available for awarding 
grants under section 611(a)(2) of such Act; 
(6) $26,100,000,000 or the maximum amount 
available 
for 
awarding 
grants 
under 
section 
611(a)(2) of the Individuals with Disabilities Edu-
cation Act, whichever is lower, for fiscal year 2011, 
and there should be appropriated $15,510,254,176 
for fiscal year 2011, which should become available 
for obligation on July 1, 2011, and should remain 
available through September 30, 2012, except that if 
the maximum amount available for awarding grants 
under section 611(a)(2) of such Act is less than 
$26,100,000,000, then the amount should be re-
duced by the difference between $26,100,000,000
and the maximum amount available for awarding 
grants under section 611(a)(2) of such Act; and 
(7) the maximum amount available for award-
ing grants under section 611(a)(2) of the Individuals 
with Disabilities Education Act for fiscal year 2012 
and each succeeding fiscal year, and there should be 
appropriated for each such year an amount equal to 
the maximum amount available for awarding grants 
under section 611(a)(2) of such Act for the fiscal 
year for which the determination is made minus 
$10,589,745,824, which should become available for 
obligation on July 1 of the fiscal year for which the 
determination is made and should remain available 
through September 30 of the succeeding fiscal year. 
TITLE IV—IMPROVEMENT OF EL-
EMENTARY AND SECONDARY 
EDUCATION 
Subtitle A—Public School Choice, 
Supplemental Educational Serv-
ices, and Teacher Quality 
SEC. 401. PUBLIC SCHOOL CHOICE CAPACITY. 
(a) SCHOOL CAPACITY.—Section 1116(b)(1)(E) of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6316(b)(1)(E)) is amended—
(1) in clause (i), by striking ‘‘In the case’’ and 
inserting ‘‘Subject to clauses (ii) and (iii), in the 
case’’; 
(2) by redesignating clause (ii) as clause (iii); 
(3) by inserting after clause (i) the following: 
‘‘(ii) SCHOOL CAPACITY.—The obliga-
tion of a local educational agency to pro-
vide the option to transfer to students 
under clause (i) is subject to all applicable 
State and local health and safety code re-
quirements regarding facility capacity.’’; 
and 
(4) in clause (iii) (as redesignated by paragraph 
(2)), by inserting ‘‘and subject to clause (ii),’’ after 
‘‘public school,’’. 
(b) GRANTS FOR SCHOOL CONSTRUCTION AND REN-
OVATION.— 
(1) IN GENERAL.—Subpart 1 of part A of title 
I of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 1120C. GRANTS FOR SCHOOL CONSTRUCTION AND 
RENOVATION. 
‘‘(a) PROGRAM AUTHORIZED.—From funds appro-
priated under subsection (g), the Secretary is authorized
to award grants to local educational agencies experiencing 
overcrowding in the schools served by the local educational 
agencies, for the construction and renovation of safe, 
healthy, high-performance school buildings. 
‘‘(b) APPLICATION.—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 additional information as the Sec-
retary may require. 
‘‘(c) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to local educational 
agencies— 
‘‘(1) who have documented difficulties in meet-
ing the public school choice requirements of para-
graph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i) of sec-
tion 1116(b), or section 1116(c)(10)(C)(vii); and 
‘‘(2) with the highest number of schools at or 
above capacity. 
‘‘(d) AWARD BASIS.—From funds remaining after 
awarding grants under subsection (c), the Secretary shall 
award grants to local educational agencies that are experi-
encing overcrowding in the schools served by the local edu-
cational agencies. 
‘‘(e) PREVAILING WAGES.—Any laborer or mechanic 
employed by any contractor or subcontractor in the per-
formance of work on any construction funded by a grant 
awarded under this section will be paid wages at rates not 
less than those prevailing on similar construction in the 
locality as determined by the Secretary of Labor under 
subchapter IV of chapter 31 of title 40, United States 
Code (commonly referred to as the Davis-Bacon Act). 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) AT OR ABOVE CAPACITY.—The term ‘at or 
above capacity’, in reference to a school, means a 
school in which 1 additional student would increase 
the average class size of the school above the aver-
age class size of all schools in the State in which the 
school is located. 
‘‘(2) HEALTHY, HIGH-PERFORMANCE
SCHOOL 
BUILDING.—The term ‘healthy, high-performance 
school building’ has the meaning given such term in 
section 5586. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$250,000,000 for fiscal year 2006, and such sums as may 
be necessary for each of the 2 succeeding fiscal years.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C.6301 note) is amended by in-
serting after the item relating to section 1120B the 
following: 
‘‘Sec. 1120C. Grants for school construction and renovation.’’. 
SEC. 402. SUPPLEMENTAL EDUCATIONAL SERVICES. 
Section 1116(e) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316(e)) is amended— 
(1) in paragraph (4)— 
(A) in subparagraph (B), by striking the 
semicolon and inserting ‘‘, including criteria 
that— 
‘‘(i) ensure that personnel delivering 
supplemental educational services to stu-
dents have adequate qualifications; and 
‘‘(ii) may, at the State’s discretion, 
ensure that personnel delivering supple-
mental educational services to students are 
teachers that are highly qualified, as such 
term is defined in section 9101;’’; 
(B) in subparagraph (D), by striking 
‘‘and’’ after the semicolon; 
(C) in subparagraph (E), by striking the 
period and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(F) ensure that the list of approved pro-
viders of supplemental educational services de-
scribed in subparagraph (C) includes a choice
of providers that have sufficient capacity to pro-
vide effective services for children who are lim-
ited English proficient and children with dis-
abilities.’’; 
(2) in paragraph (5)(C)— 
(A) by striking ‘‘applicable’’; and 
(B) by inserting before the period ‘‘, and 
acknowledge in writing that, as an approved 
provider in the relevant State educational agen-
cy program of providing supplemental edu-
cational services, the provider is deemed to be 
a recipient of Federal financial assistance’’; 
(3) by redesignating paragraphs (6), (7), (8), 
(9), (10), (11), and (12) as paragraphs (7), (8), (9), 
(10), (11), (12), and (13), respectively; 
(4) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to prohibit a local 
educational agency from being considered by a State 
educational agency as a potential provider of supple-
mental educational services under this subsection, if 
such local educational agency meets the criteria 
adopted by the State educational agency in accord-
ance with paragraph (5).’’;
(5) in paragraph (13) (as redesignated by para-
graph (3))— 
(A) in subparagraph (B)— 
(i) in clause (ii), by striking ‘‘and’’ 
after the semicolon; 
(ii) in clause (iii), by striking ‘‘and’’ 
after the semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iv) may employ teachers who are 
highly qualified, as such term is defined in 
section 9101; and 
‘‘(v) pursuant to its inclusion on the 
relevant State educational agency’s list de-
scribed in paragraph (4)(C), is deemed to 
be a recipient of Federal financial assist-
ance; and’’; and 
(B) in subparagraph (C)— 
(i) in the matter preceding clause (i), 
by striking ‘‘are’’; 
(ii) in clause (i)— 
(I) by inserting ‘‘are’’ before ‘‘in 
addition’’; and 
(II) by striking ‘‘and’’ after the 
semicolon;
(iii) in clause (ii), by striking the pe-
riod and inserting ‘‘; and’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(iii) if provided by providers that are 
included on the relevant State educational 
agency’s 
list 
described 
in 
paragraph 
(4)(C), shall be deemed to be programs or 
activities of the relevant State educational 
agency.’’; and 
(6) by adding at the end the following: 
‘‘(14) CIVIL
RIGHTS.—In providing supple-
mental educational services under this subsection, no 
State educational agency or local educational agency 
may, directly or through contractual, licensing, or 
other arrangements with a provider of supplemental 
educational services, engage in any form of discrimi-
nation prohibited by— 
‘‘(A) title VI of the Civil Rights Act of 
1964; 
‘‘(B) title IX of the Education Amend-
ments of 1972; 
‘‘(C) section 504 of the Rehabilitation Act 
of 1973;