352
‘‘(b) The term ‘Secretary’ means the Secretary of
Education.
‘‘SEC. 2456. AUTHORIZATION OF APPROPRIATIONS.
‘‘There 
are 
authorized 
to 
be 
appropriated
$25,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996–1999.
‘‘TITLE III—EXPANDING
OPPORTUNITIES FOR LEARNING
‘‘PART A—FUND FOR THE IMPROVEMENT OF
EDUCATION
‘‘SEC. 3201. FUND FOR THE IMPROVEMENT OF EDUCATION.
‘‘(a) FUND AUTHORIZED.—From funds appropriated
under subsection (d), the Secretary is authorized to sup-
port nationally significant programs and projects to im-
prove the quality of education, assist all students to meet
challenging standards, and contribute to the achievement
of the National Education Goals. The Secretary is author-
ized to carry out such programs and projects directly or
through grants to, or contracts with, State and local edu-
cational agencies, institutions of higher education, and
other public and private agencies, organizations, and
institutions.
‘‘(b) USES OF FUNDS.—(1) Funds under this section
may be used for—
353
‘‘(A) activities that will promote systemic edu-
cational reform at the State and local levels, such
as—
‘‘(i) research and development related to
content and performance standards and oppor-
tunity-to-learn standards for student learning;
and
‘‘(ii) the development and evaluation of
model strategies for assessment of student
learning, professional development for teachers
and administrators, parent and community in-
volvement, and other aspects of systemic re-
form;
‘‘(B) demonstrations at the State and local lev-
els that are designed to yield nationally significant
results, including approaches to public school choice
in accordance with the requirements of part C and
school-based decisionmaking;
‘‘(C) joint activities with other agencies to as-
sist the effort to achieve the National Education
Goals, including activities related to improving the
transition from preschool to school and from school
to work, as well as activities related to the integra-
tion of education and health and social services;
354
‘‘(D) activities to promote and evaluate counsel-
ing 
and 
mentoring 
for 
students, 
including
intergenerational mentoring;
‘‘(E) activities to promote comprehensive health
education;
‘‘(F) activities to promote environmental edu-
cation;
‘‘(G) activities to promote consumer, economic,
and personal finance education;
‘‘(H) activities to assist students to dem-
onstrate competence in foreign languages;
‘‘(I) studies and evaluation of various edu-
cational reform strategies and innovations being pur-
sued by the Federal Government, States, and local
educational agencies;
‘‘(J) the identification and recognition of exem-
plary schools and programs, such as Blue Ribbon
Schools;
‘‘(K) 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;
355
‘‘(L) programs designed to reduce excessive stu-
dent 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;
‘‘(M) experiential-based learning, such as serv-
ice-learning;
‘‘(N) The development and expansion of public-
private partnership programs which extend the
learning experience, via computers, beyond the class-
room environment into student homes; and
‘‘(O) other programs and projects that meet the
purposes of this section.
‘‘(2) (A) Funds may also be used to establish a Na-
tional Center for Second Language Development.
‘‘(B) COMPOSITION.—The Center may include rep-
resentation from—
‘‘(i) a principle Federal language training insti-
tution that has expertise in translation and interpre-
tation with responsibility for foreign language in-
struction of military, foreign service officers and
other Federal personnel; and
‘‘(ii) other public, government and private enti-
ties with expertise in the education and training of
356
second language curricula, as determined necessary
by the Secretary.
‘‘(C) MISSION.—The Center may—
‘‘(i) assess the economic and social benefits of
second language capabilities for the population of
the United States;
‘‘(ii) make recommendations to the Secretary of
the most appropriate means of increasing wide-
spread second language capabilities in the United
States; and
‘‘(iii) effectuate a greater second language capa-
bility within the United States through activities
that include: developing and implementing model
programs for children, college students and adults;
conducting research on effective ways to teach sec-
ond languages; developing teacher training pro-
grams; and developing teaching materials.
‘‘(3) The Secretary may also use funds under this
section to complete the project periods for direct grants
or contracts awarded under the provisions of the Elemen-
tary and Secondary Education Act of 1965, part B of title
III of the Augustus F. Hawkins-Robert T. Stafford Ele-
mentary and Secondary School Improvement Amendments
of 1988, or title III of the Education for Economic Secu-
rity Act, as these Acts were in effect on the day before
357
enactment of the Improving America’s Schools Act of
1994.
‘‘(c) AWARDS.—(1) The Secretary may make awards
under this section on the basis of competitions announced
by the Secretary and may also support meritorious unso-
licited proposals.
‘‘(2) The Secretary shall ensure that projects and ac-
tivities supported under this section are designed in such
a way that their effectiveness may be readily determined.
‘‘(3) The Secretary shall use a peer review process
in reviewing applications for grants under this section and
may use funds appropriated under subsection (d) for this
purpose.
‘‘(d) AUTHORIZATION.—For the purpose of carrying
out this section, there are authorized to be appropriated
$35,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
‘‘PART B—GIFTED AND TALENTED CHILDREN
‘‘SEC. 3301. SHORT TITLE.
‘‘This part may be cited as the ‘Jacob K. Javits Gift-
ed and Talented Students Education Act of 1994’.
‘‘SEC. 3302. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds and declares
that—
358
‘‘(1) all students can learn to high standards
and must develop their talents and realize their po-
tential if the United States is to prosper;
‘‘(2) gifted and talented students are a national
resource vital to the future of the Nation and its se-
curity and well-being;
‘‘(3) too often schools fail to challenge students
to do their best work, and students who are not
challenged will not learn to high standards, fully de-
velop their talents, and realize their potential;
‘‘(4) unless the special abilities of gifted and
talented students are recognized and developed dur-
ing their elementary and secondary school years,
much of their special potential for contributing to
the national interest is likely to be lost;
‘‘(5) gifted and talented students from economi-
cally disadvantaged families and areas, and students
of limited English proficiency are at greatest risk of
being unrecognized and of not being provided ade-
quate or appropriate educational services;
‘‘(6) State and local educational agencies and
private nonprofit schools often lack the necessary
specialized resources to plan and implement effective
359
programs for the early identification of gifted and
talented students for the provision of educational
services and programs appropriate to their special
needs;
‘‘(7) the Federal Government can best carry out
the limited but essential role of stimulating research
and development and personnel training and provid-
ing a national focal point of information and tech-
nical assistance that is necessary to ensure that the
Nation’s schools are able to meet the special edu-
cational needs of gifted and talented students, and
thereby serve a profound national interest; and
‘‘(8) the experience and knowledge gained in
developing and implementing programs for gifted
and talented students can and should be used as a
basis to develop a rich and challenging curriculum
for all students.
‘‘(b) STATEMENT OF PURPOSE.—
‘‘(1) It is the purpose of this part to provide fi-
nancial assistance to State and local educational
agencies, institutions of higher education, and other
public and private agencies and organizations, to ini-
tiate a coordinated program of research, demonstra-
tion projects, personnel training, and similar activi-
ties designed to build a nationwide capability in ele-
360
mentary and secondary schools to meet the special
educational needs of gifted and talented students. In
addition, the purpose of this part is to encourage the
development of rich and challenging curricula for all
students through the appropriate application and ad-
aptation of materials and instructional methods de-
veloped under this part.
‘‘(2) It is also the purpose of this part to sup-
plement and make more effective the expenditure of
State and local funds, for the education of gifted
and talented students.
‘‘SEC. 3303. DEFINITIONS.
‘‘For purposes of this part, the term ‘gifted and tal-
ented students’ means children and youth who give evi-
dence of high performance capability in areas such as in-
tellectual, creative, artistic, or leadership capacity, or in
specific academic fields, and who require services or activi-
ties not ordinarily provided by the school in order to fully
develop such capabilities.
‘‘SEC. 3304. AUTHORIZED PROGRAMS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) From the sums appropriated under section
3308 in any fiscal year the Secretary (after con-
sultation with experts in the field of the education
of gifted and talented students) shall make grants to
361
or enter into contracts with State educational agen-
cies, local educational agencies, institutions of higher
education, or other public agencies and private agen-
cies and organizations (including Indian tribes and
organizations as defined by the Indian Self-Deter-
mination and Education Assistance Act and Hawai-
ian native organizations) to assist such agencies, in-
stitutions, and organizations which submit applica-
tions in carrying out programs or projects author-
ized by this Act that are designed to meet the edu-
cational needs of gifted and talented students, in-
cluding the training of personnel in the education of
gifted and talented students and in the use, where
appropriate, of gifted and talented services, mate-
rials, and methods for all students.
‘‘(2) Applications for funds must include a sec-
tion on how the proposed gifted and talented serv-
ices, materials, and methods could be adapted, if ap-
propriate, for use by all students and a section on
how the proposed programs can be evaluated.
‘‘(b) USES OF FUNDS.—Programs and projects as-
sisted under this section may include—
‘‘(1) professional development (including fellow-
ships) for personnel (including leadership personnel)
362
involved in the education of gifted and talented
students;
‘‘(2) 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, summer programs, mentoring programs,
service learning programs, and cooperative programs
involving business, industry, and education;
‘‘(3) training of personnel involved in gifted and
talented programs with respect to the impact of gen-
der role socialization on the educational needs of
gifted and talented children and in gender equitable
education methods, techniques, and practices;
‘‘(4) strengthening the capability of State edu-
cational agencies and institutions of higher edu-
cation to provide leadership and assistance to local
educational agencies and nonprofit private schools in
the planning, operation, and improvement of pro-
grams for the identification and education of gifted
and talented students and the appropriate use of
gifted and talented programs and methods to serve
all students;
363
‘‘(5) programs of technical assistance and infor-
mation dissemination which would include how gift-
ed and talented programs and methods, where ap-
propriate, could be adapted for use by all students;
and
‘‘(6) carrying out—
‘‘(A) research on methods and techniques
for identifying and teaching gifted and talented
students, and for using gifted and talented pro-
grams and methods to serve all students; and
‘‘(B) program evaluations, surveys, and the
collection, analysis, and development of infor-
mation needed to accomplish the purposes of
this part.
‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—
‘‘(1) The Secretary (after consultation with ex-
perts in the field of the education of gifted and tal-
ented students) shall establish a National Center for
Research and Development in the Education of Gift-
ed and Talented Children and Youth through grants
to or contracts with one or more institutions of high-
er education or State educational agencies, or a com-
bination or consortium of such institutions and
agencies, for the purpose of carrying out activities
described in paragraph (5) of subsection (b).
364
‘‘(2) Such National Center shall have a Direc-
tor. The Secretary may authorize the Director to
carry out such functions of the National Center as
may be agreed upon through arrangements with
other institutions of higher education, State or local
educational agencies, or other public or private agen-
cies and organizations.
‘‘(d) LIMITATION.—Not more than 30 percent of the
funds available in any fiscal year to carry out the pro-
grams and projects authorized by this section may be used
to conduct activities pursuant to subsections (b)(5) or (c).
‘‘(e) COORDINATION.—Research activities supported
under this section—
‘‘(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 the Office; and
‘‘(2) may include collaborative research activi-
ties which are jointly funded and carried out with
the Office of Education Research and Improvement.
‘‘SEC. 3305. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In the administration of
this part the Secretary shall give highest priority—
365
‘‘(1) to the identification of and services to gift-
ed and talented students who may not be identified
and served through traditional assessment methods
(including economically disadvantaged individuals,
individuals of limited-English proficiency, and indi-
viduals with disabilities; and
‘‘(2) to programs and projects designed to de-
velop or improve the capability of schools in an en-
tire State or region of the Nation through coopera-
tive efforts and participation of State and local edu-
cational agencies, institutions of higher education,
and other public and private agencies and organiza-
tions (including business, industry, and labor), to
plan, conduct, and improve programs for the identi-
fication of and service to gifted and talented stu-
dents, such as mentoring and apprenticeship pro-
grams.
‘‘(b) SERVICE PRIORITY.—In approving applications
under section 3304(a) of this part, the Secretary shall as-
sure that in each fiscal year at least one-half of the appli-
cations 
approved 
address 
the 
priority 
in 
section
3305(a)(1).
‘‘SEC. 3306. GENERAL PROVISIONS.
‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN
AND TEACHERS.—In making grants and entering into
366
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 participa-
tion of teachers and other personnel in professional devel-
opment programs for serving such children.
‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—
The Secretary shall—
‘‘(1) use a peer review process in reviewing ap-
plications under this part;
‘‘(2) ensure that information on the activities
and results of projects funded under this part is dis-
seminated to appropriate State and local agencies
and other appropriate organizations, including non-
profit private organizations; and
‘‘(3) evaluate the effectiveness of programs
under this part, both in terms of the impact on stu-
dents traditionally served in separate gifted and tal-
ented programs and on other students, and submit
the results of such evaluation to Congress not later
than January 1, 1998.
‘‘SEC. 3307. ADMINISTRATION.
‘‘The Secretary shall establish or designate an admin-
istrative unit within the Department of Education—
367
‘‘(1) to administer the programs authorized by
this part;
‘‘(2) to coordinate all programs for gifted and
talented students administered by the Department;
‘‘(3) to serve as a focal point of national leader-
ship 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
‘‘(4) to assist the Assistant Secretary of the Of-
fice of Educational Research and Improvement in
identifying research priorities which reflect the needs
of gifted and talented students.
The administrative unit established or designated pursu-
ant to this section shall be headed by a person of recog-
nized professional qualifications and experience in the field
of the education of gifted and talented students.
‘‘SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
‘‘There 
are 
authorized 
to 
be 
appropriated
$10,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999 to carry out the provisions of this part.
368
‘‘PART C—PUBLIC CHARTER SCHOOLS
‘‘SEC. 3401. PURPOSE.
‘‘It is the purpose of this part to increase national
understanding of the charter schools model by—
‘‘(1) providing financial assistance for the de-
sign and initial implementation of charter schools;
and
‘‘(2) evaluating the effects of those schools on
improving student achievement, including their ef-
fects on students, staff, and parents.
‘‘SEC. 3402. PROGRAM AUTHORIZED.
‘‘(a) GENERAL.—The Secretary may make grants to
eligible applicants for the design and initial operation of
charter schools.
‘‘(b) PROJECT PERIODS.—Each such grant shall be
for a period of not more than three years, of which the
grantee may use—
‘‘(1) no more than 18 months for planning and
program design; and
‘‘(2) no more than two years for the initial im-
plementation of the charter school.
‘‘(c) LIMITATION.—The Secretary shall not make
more than one grant to support a particular charter
school.
369
‘‘SEC. 3403. APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—Any eligible appli-
cant that desires to receive a grant under this part shall
submit an application to the Secretary at such time and
in such manner as the Secretary may require.
‘‘(b) SCOPE OF APPLICATION.—Each such applica-
tion may request assistance for a single charter school or
for a cluster of schools, which may include a high school
and its feeder elementary and middle schools, within a
community.
‘‘(c) APPLICATION CONTENTS.—Each such applica-
tion shall include, for each charter school for which assist-
ance is sought—
‘‘(1) a description of the educational program
to be implemented by the proposed charter school,
including—
‘‘(A) how the program will enable all stu-
dents to meet challenging State performance
standards;
‘‘(B) the grade levels or ages of children to
be served; and
‘‘(C) the curriculum and instructional
practices to be used;
‘‘(2) a description of how the school will be
managed;
‘‘(3) a description of—
370
‘‘(A) the objectives of the school; and
‘‘(B) the methods by which the school will
determine its progress toward achieving those
objectives;
‘‘(4) a description of the administrative rela-
tionship between the charter school and the local
educational agency that will authorize or approve the
school’s charter and act as the grantee under this
part;
‘‘(5) a description of how parents and other
members of the community will be involved in the
design and implementation of the charter school;
‘‘(6) a description of how the local educational
agency will provide for continued operation of the
school once the Federal grant has expired, if such
agency determines that the school is successful;
‘‘(7) a request and justification for waivers of
any Federal statutory or regulatory provisions that
the applicant believes are necessary for the success-
ful operation of the charter school, and a description
of any State or local rules, generally applicable to
public schools, that will be waived for, or otherwise
not apply to, the school;
‘‘(8) a description of how the grant funds would
be used;
371
‘‘(9) a description of how grant funds would be
used in conjunction with other Federal programs ad-
ministered by the Secretary;
‘‘(10) a description of how students in the com-
munity will be—
‘‘(A) informed about the school; and
‘‘(B) given an equal opportunity to attend
the school;
‘‘(11) an assurance that the applicant will an-
nually provide the Secretary such information as the
Secretary may require to determine if the charter
school is making satisfactory progress toward achiev-
ing the objectives described under paragraph (3);
‘‘(12) an assurance that the applicant will co-
operate with the Secretary in evaluating the pro-
gram authorized by this part; and
‘‘(13) such other information and assurances as
the Secretary may require.
‘‘(d) STATE EDUCATIONAL AGENCY APPROVAL RE-
QUIRED.—(1) A local educational agency that desires to
receive a grant under this part shall obtain the State edu-
cational agency’s approval of its application before submit-
ting it to the Secretary.
‘‘(2) A State educational agency that approves an ap-
plication of a local educational agency shall provide the
372
local educational agency, and such local agency shall in-
clude in its application to the Secretary, a statement that
the State has granted, or will grant, the waivers and ex-
emptions from State requirements described in such local
agency’s application.
‘‘SEC. 3404. SELECTION OF GRANTEES; WAIVERS.
‘‘(a) CRITERIA.—The Secretary shall select projects
to be funded on the basis of the quality of the applications,
taking into consideration such factors as—
‘‘(1) the quality of the proposed curriculum and
instructional practices;
‘‘(2) the degree of flexibility afforded by the
State and, if applicable, the local educational agency
to the school;
‘‘(3) the extent of community support for the
application;
‘‘(4) the ambitiousness of the objectives for the
school;
‘‘(5) the quality of the plan for assessing
achievement of those objectives; and
‘‘(6) the likelihood that the school will meet
those objectives and improve educational results for
students.
373
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process to review applications for grants under this
section.
‘‘(c) DIVERSITY OF PROJECTS.—The Secretary may
approve projects in a manner that ensures, to the extent
possible, that they—
‘‘(1) are distributed throughout different areas
of the Nation, including in urban and rural areas;
and
‘‘(2) represent a variety of educational ap-
proaches.
‘‘(d) WAIVERS.—The Secretary may waive any statu-
tory or regulatory requirement that the Secretary is re-
sponsible for enforcing, except for any such requirement
relating to the elements of a charter school described in
section 3407(1), if—
‘‘(1) the waiver is requested in an approved ap-
plication or by a grantee under this part; and
‘‘(2) the Secretary determines that granting
such a waiver would promote the purpose of this
part.
‘‘SEC. 3405. USES OF FUNDS.
‘‘A recipient of a grant under this part may use the
grant funds only for—
374
‘‘(1) post-award planning and design of the
educational program, which may include—
‘‘(A) refinement of the desired educational
results and of the methods for measuring
progress toward achieving those results; and
‘‘(B) professional development of teachers
and other staff who will work in the charter
school; and
‘‘(2) initial implementation of the charter
school, which may include—
‘‘(A) informing the community about the
school;
‘‘(B) acquiring necessary equipment;
‘‘(C) acquiring or developing curriculum
materials; and
‘‘(D) other operational costs that cannot
be met from State or local sources.
‘‘SEC. 3406. NATIONAL ACTIVITIES.
‘‘The Secretary may reserve up to 10 percent of the
funds appropriated for this part for any fiscal year for—
‘‘(1) peer review of applications under section
3404(b); and
‘‘(2) an evaluation of the impact of charter
schools on student achievement, including those as-
sisted under this part.
375
‘‘SEC. 3407. DEFINITIONS.
‘‘As used in this part, the following terms have the
following meanings:
‘‘(1) The term ‘charter school’ means a school
that—
‘‘(A) in accordance with an enabling State
statute, is exempted from significant State or
local rules that inhibit the flexible operation
and management of public schools, but not
from any rules relating to the other require-
ments of this paragraph;
‘‘(B) is created by a developer as a public
school, or is adapted by a developer from an ex-
isting public school;
‘‘(C) operates in pursuit of a specific set of
educational 
objectives 
determined 
by 
the
school’s developer and agreed to by the local
educational agency applying for a grant on be-
half of the school;
‘‘(D) provides a program of elementary or
secondary education, or both;
‘‘(E) is nonsectarian in its programs, ad-
missions policies, employment practices, and all
other operations, and is not affiliated with a
sectarian school or religious institution;
‘‘(F) does not charge tuition;
376
‘‘(G) complies with the Age Discrimination
Act, title VI of the Civil Rights Act of 1964,
title IX of the Education Amendments of 1972,
section 504 of the Rehabilitation Act of 1973,
and part B of the Individuals with Disabilities
Education Act;
‘‘(H) admits students on the basis of a lot-
tery, if more students apply for admission than
can be accommodated;
‘‘(I) agrees to comply with the same Fed-
eral and State audit requirements as do other
public schools in the State, unless such require-
ments are specifically waived for the purpose of
this program;
‘‘(J) meets all applicable Federal, State,
and local health and safety requirements; and
‘‘(K) operates in accordance with State
law.
‘‘(2) The term ‘developer’ means an individual
or group of individuals (including a public or private
nonprofit organization), which may include teachers,
administrators and other school staff, parents, or
other members of the local community in which a
charter school project will be carried out.
377
‘‘(3) The term ‘eligible applicant’ means a local
educational agency, in partnership with a developer
with an application approved under section 3403(d).
‘‘SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $15,000,000 for fiscal year
1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
‘‘PART D—ARTS IN EDUCATION
‘‘Subpart 1—Support for Arts Education
‘‘SEC. 3501. SUPPORT FOR ARTS EDUCATION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the arts are forms of understanding and
ways of knowing that are fundamentally important
to education;
‘‘(2) the arts are important to excellent edu-
cation and to effective school reform;
‘‘(3) the most significant contribution of the
arts to education reform is the transformation of
teaching and learning;
‘‘(4) this transformation is best realized in the
context of comprehensive, systemic education reform;
‘‘(5) demonstrated competency in the arts for
American students is among the National Education
Goals;
378
‘‘(6) the arts can motivate at-risk students to
stay in school and become active participants in the
educational process; and
‘‘(7) arts education should be an integral part
of the elementary and secondary school curriculum.
‘‘(b) PURPOSE. The purposes of this part are to—
‘‘(1) support systemic education reform by
strengthening arts education as an integral part of
the elementary and secondary school curriculum;
‘‘(2) help ensure that all students have the op-
portunity to learn to challenging standards in the
arts; and
‘‘(3) support the national effort to enable all
students to demonstrate competence in the arts in
accordance with the National Education Goals.
‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out
the purposes of this part, the Secretary is authorized to
make grants to, or enter into contracts or cooperative
agreements with—
‘‘(1) State educational agencies;
‘‘(2) local educational agencies;
‘‘(3) institutions of higher education; and
‘‘(4) other public and private agencies, institu-
tions, and organizations.
379
‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this
part may be used for—
‘‘(1) research on arts education;
‘‘(2) the development of, and dissemination of
information about, model arts education programs;
‘‘(3) the development of model arts education
assessments based on high standards;
‘‘(4) the development and implementation of
curriculum frameworks for arts education;
‘‘(5) the development of model preservice and
inservice professional development programs for arts
educators and other instructional staff;
‘‘(6) supporting collaborative activities with
other Federal agencies or institutions involved in
arts education, such as the National Endowment for
the Arts, the Institute of Museum Services, the John
F. Kennedy Center for the Performing Arts, and the
National Gallery of Art;
‘‘(7) supporting model projects and programs in
the performing arts for children and youth through
arrangements made with the John F. Kennedy Cen-
ter for the Performing Arts;
‘‘(8) supporting model projects and programs in
the arts for individuals with disabilities through ar-
380
rangements with the organization, Very Special
Arts;
‘‘(9) supporting model projects and programs to
integrate arts education into the regular elementary
and secondary school curriculum; and
‘‘(10) other activities that further the purposes
of this part.
‘‘(e) COORDINATION.—(1) A recipient of funds under
this part shall, to the extent possible, coordinate its project
with appropriate activities of public and private cultural
agencies, institutions, and organizations, including muse-
ums, arts education associations, libraries, and theaters.
‘‘(2) In carrying out this part, the Secretary shall co-
ordinate with the National Endowment for the Arts, the
Institute of Museum Services, the John F. Kennedy Cen-
ter for the Performing Arts, and the National Gallery of
Art.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this subpart, there are authorized
to be appropriated $11,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
381
‘‘Subpart 2—Community Arts
‘‘SEC. 3502. SHORT TITLE.
‘‘This subpart may be cited as the ‘‘Community Arts
Partnership Act of 1994’’.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) with local school budgets cut there are in-
adequate arts programs available for children in
schools, especially at the elementary level;
‘‘(2) the arts promote progress in academic sub-
jects as shown by research conducted by the Na-
tional Endowment for the Arts;
‘‘(3) 
the 
arts 
access 
multiple 
human
intelligences and develop higher-order thinking skills;
‘‘(4) the arts generate self-esteem and positive
emotional responses to learning; and
‘‘(5) children who receive instruction in the arts
remain in school longer and are more successful
than children who do not receive such instruction.
‘‘(b) PURPOSE.—The purpose of this part is to make
demonstration grants to eligible entities to improve the
educational performance and future potential of at-risk
children and youth by providing comprehensive and co-
ordinated educational and cultural services.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to award grants to eligible entities to pay the Fed-
382
eral share of the costs of the activities described in
subsection (f).
‘‘(2) SPECIAL REQUIREMENTS.—The Secretary
shall award grants under this Act only to programs
designed to—
‘‘(A) promote educational and cultural
services;
‘‘(B) provide multi-year services to at-risk
children and youth;
‘‘(C) serve the target population described
in subsection (e);
‘‘(D) provide integration of community cul-
tural resources in the regular curriculum;
‘‘(E) focus school and cultural resources in
the community on coordinated cultural services
to address the needs of at-risk children and
youth;
‘‘(F) provide effective cultural linkages
from preschool programs, including the Head
Start Act and preschool grants under the Indi-
viduals with Disabilities Education Act, to ele-
mentary schools;
‘‘(G) facilitate school-to-work transition
from secondary schools and alternative schools
383
to job training, higher education, and employ-
ment;
‘‘(H) increase parental and community in-
volvement in the educational, social, and cul-
tural development of at-risk youth; or
‘‘(I) replicate programs and strategies that
provide high quality coordinated educational
and cultural services and that are designed to
integrate such coordination into the regular
curriculum.
‘‘(3) 
REQUIREMENT
OF
COORDINATION.—
Grants may only be awarded under this part to eligi-
ble entities that agree to coordinate activities carried
out under other Federal, State, and local grants, re-
ceived by the members of the partnership for pur-
poses and target populations described in this part,
into an integrated service delivery system located at
a school, cultural, or other community-based site ac-
cessible to and utilized by at-risk youth.
‘‘(4) DURATION.—Grants made under this part
may be renewable for a maximum of 5 years if the
Secretary determines that the eligible recipient has
made satisfactory progress toward the achievement
of the program objectives described in application.
384
‘‘(5) GEOGRAPHIC DISTRIBUTION.—In awarding
grants under this part, the Secretary shall ensure—
‘‘(A) an equitable geographic distribution;
and
‘‘(B) an equitable distribution to both
urban and rural areas with a high proportion of
at-risk youth as defined in subsection (e).
‘‘(d) ELIGIBILITY.—
‘‘(1) SERVICES FOR IN-SCHOOL YOUTH.—For
the purpose of providing a grant under this part to
serve in-school children and youth, the term ‘eligible
entity’ means a partnership between a local edu-
cation agency that is eligible for funds under title I
of this Act, and at least 1 institution of higher edu-
cation or cultural entity located within or accessible
to the geographical boundaries of the local education
agency with a history of providing quality services to
the community, and which may include—
‘‘(A) nonprofit institutions of higher edu-
cation; museums; libraries; performing, present-
ing and exhibiting arts organizations; literary
arts organizations; local arts organizations; and
zoological and botanical organizations; and
‘‘(B) private for-profit entities with a his-
tory of training children and youth in the arts.
385
‘‘(2) SERVICES FOR OUT-OF-SCHOOL YOUTH.—
For purposes of providing a grant under this part to
serve out-of-school youth, the term ‘eligible entity’
means a partnership between at least 1 entity of the
type described in paragraph (A) or (B) of subsection
(1), or a local education agency eligible for funds
under title I of this Act and at least 1 cultural entity
described in subsection (1).
‘‘(e) TARGET POPULATION.—In order to receive a
grant under this part, an eligible entity shall serve—
‘‘(1) students enrolled in schools in participat-
ing schoolwide projects assisted under title I of this
Act and the families of such students; or
‘‘(2) out-of-school youth at risk of having lim-
ited future options as a result of teenage pregnancy
and parenting, substance abuse, recent migration,
disability, limited English proficiency, family migra-
tion, illiteracy, being the child of a teen parent, liv-
ing in a single parent household, or being a high
school dropout; or
‘‘(3) any combination of in school and out-of-
school at-risk youth.
‘‘(f) AUTHORIZED ACTIVITIES.—
‘‘(1) IN
GENERAL.—Funds made under this
part may be used—
386
‘‘(A) to plan, develop, acquire, expand, and
improve school-based or community-based co-
ordinated educational and cultural programs to
strengthen the educational performance and fu-
ture potential of in-school and out-of-school at-
risk youth through cooperative agreements, con-
tracts for services, or administrative coordina-
tion;
‘‘(B) to provide at-risk students with inte-
grated cultural activities designed to develop a
love of learning to ensure the smooth transition
of preschool children to elementary school;
‘‘(C) to design collaborative cultural activi-
ties for students in secondary or alternative
schools that ensure the smooth transition to job
training, higher education, or full employment;
‘‘(D) to provide child care for children of
at-risk students who would not otherwise be
able to participate in the program;
‘‘(E) to provide transportation necessary
for participation in the program;
‘‘(F) to work with existing school personnel
to develop curriculum materials and programs
in the arts;
387
‘‘(G) to work with existing school person-
nel on staff development activities that encour-
age the integration of the arts into the curricu-
lum;
‘‘(H) for stipends that allow local artists to
work with at-risk children and youth in the
schools;
‘‘(I) for cultural programs that encourage
the active participation of parents in their chil-
dren’s education;
‘‘(J) for programs that use the art reform
current school practices, including lengthening
the school day or academic year;
‘‘(K) for appropriate equipment and nec-
essary supplies; and
‘‘(L) for evaluation, administration, and
supervision.
‘‘(2) PRIORITY.—In providing assistance under
this part, the Secretary shall give priority to eligible
entities that provide comprehensive services that ex-
tend beyond traditional school or service hour, that
may include year round programs that provide serv-
ices in the evenings and on weekends.
‘‘(3) PLANNING GRANTS.—
388
‘‘(A) APPLICATION.—An eligible entity
may submit an application to the Secretary for
a planning grant for an amount not to exceed
$50,000. Such grants shall be for periods of not
more than 1 year.
‘‘(B) LIMIT ON PLANNING GRANTS.—Not
more than 10 percent of the amounts appro-
priated in each fiscal year under this part shall
be used for grants under this subsection, and
an eligible entity may receive not more than 1
such planning grant.
‘‘(g) GENERAL PROVISIONS.—
‘‘(1) IN GENERAL.—Each eligible entity desir-
ing a grant under this part shall submit an applica-
tion to the Secretary at such time, in such manner,
and accompanied by such information as the Sec-
retary may reasonably require.
‘‘(2) CONTENTS.—Each application submitted
pursuant to subsection (a) shall—
‘‘(A) describe the cultural entity or entities
that will participate in the partnership;
‘‘(B) describe the target population to be
served;
‘‘(C) describe the services to be provided;
389
‘‘(D) describe a plan for evaluating the
success of the program;
‘‘(E) describe, for a local educational agen-
cy participant, how services will be perpetuated
beyond the length of the grant;
‘‘(F) describe the manner in which the eli-
gible entity will improve the educational
achievement or future potential of at-risk youth
through more effective coordination of cultural
services in the community;
‘‘(G) describe the overall and operational
goals of the program; and
‘‘(H) describe the nature and location of
all planned sites where services will be delivered
and a description of services which will be pro-
vided at each site.
‘‘(h) PAYMENTS—FEDERAL SHARE.—
‘‘(1) PAYMENTS.—The Secretary shall pay to
each eligible entity having an application approved
under subsection (g) the Federal share of the cost
of the activities described in the application.
‘‘(2) AMOUNTS OF GRANTS.—The amount of a
grant made under this part may not be less than
$100,000 or exceed $500,000 in the first year of
such grant.
390
‘‘(3) FEDERAL
SHARE.—The Federal share
shall be 80 percent.
‘‘(4) NON-FEDERAL SHARE.—The non-Federal
share shall be equal to 20 percent and may be in
cash or in kind, fairly evaluated, including facilities
or services.
‘‘(5) LIMITATION.—Not more than 25 percent
of any grant under this part may be used for
noninstructional services such as those described in
paragraphs D, E, and L of subsection (f).
‘‘(6) SUPPLEMENT
AND
NOT
SUPPLANT.—
Grant funds awarded under this part shall be used
to supplement not supplant the amount of funds
made available from non-Federal sources, for the ac-
tivities assisted under this part, in amounts that ex-
ceed the amounts expended for such activities in the
year preceding the year for which the grant is
awarded.
‘‘(7) DISSEMINATION
OF
MODELS.—The Sec-
retary shall disseminate information concerning suc-
cessful models under this part through the National
Diffusion Network.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this sub-
part, $75,000,000 for fiscal year 1995 and such sums as
391
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
‘‘PART E—INEXPENSIVE BOOK DISTRIBUTION
PROGRAM
‘‘SEC. 3601. INEXPENSIVE BOOK DISTRIBUTION PROGRAM
FOR READING MOTIVATION.
‘‘(a) AUTHORIZATION.—The Secretary is authorized
to enter into a contract with Reading Is Fundamental
(hereinafter in this section referred to as ‘the contractor’)
to support and promote programs, which include the dis-
tribution of inexpensive books to students, that motivate
children to read.
‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract
entered into under subsection (a) shall—
‘‘(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations or with public agencies under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of
reading motivation programs that include the dis-
tribution of books, by gift, to the extent feasible, or
by loan, to children up through high school age, in-
cluding those in family literacy programs;
392
‘‘(2) provide that funds made available to sub-
contractors will be used only to pay the Federal
share of the cost of such programs;
‘‘(3) provide that in selecting subcontractors for
initial funding, the contractor will give priority to
programs that will serve a substantial number or
percentage of children with special needs, such as—
‘‘(A) low-income children, particularly in
high-poverty areas;
‘‘(B) children at risk of school failure;
‘‘(C) children with disabilities, including
children with serious emotional disturbance;
‘‘(D) foster children;
‘‘(E) homeless children;
‘‘(F) migrant children;
‘‘(G) children without access to libraries;
‘‘(H) institutionalized or incarcerated chil-
dren; and
‘‘(I) children whose parents are institu-
tionalized or incarcerated;
‘‘(4) provide that the contractor will provide
such technical assistance to subcontractors as may
be necessary to carry out the purpose of this section;
393
‘‘(5) provide that the contractor will annually
report to the Secretary the number of, and describe,
programs funded under paragraph (3); and
‘‘(6) include such other terms and conditions as
the Secretary determines to be appropriate to ensure
the effectiveness of such programs.
‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary
shall make no payment of the Federal share of the cost
of acquiring and distributing books under any contract
under this section unless the Secretary determines that
the contractor or subcontractor, as the case may be, has
made arrangements with book publishers or distributors
to obtain books at discounts at least as favorable as dis-
counts that are customarily given by such publisher or dis-
tributor for book purchases made under similar cir-
cumstances in the absence of Federal assistance.
‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the
purpose of this section, the term ‘Federal share’ means
the portion of the cost to a subcontractor of purchasing
books to be paid with funds made available under this sec-
tion. The Federal share shall be established by the Sec-
retary, and shall not exceed 75 percent, except that the
Federal share for programs serving children of migrant
or seasonal farmworkers shall be 100 percent.
394
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $10,300,000 for fiscal year 1995 and
such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
‘‘PART F—CIVIC EDUCATION
‘‘SEC. 3701. INSTRUCTION ON THE HISTORY AND PRIN-
CIPLES OF DEMOCRACY IN THE UNITED
STATES.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) PROGRAM
ESTABLISHED.—(A) The Sec-
retary shall carry out a program to enhance the at-
tainment of Goals Three and Six of the National
Education Goals by educating students about the
history and principles of the Constitution of the
United States, including the Bill of Rights, and to
foster civic competence and responsibility.
‘‘(B) Such program shall be known as ‘We the
People . . . The Citizen and the Constitution’.
‘‘(2) EDUCATIONAL ACTIVITIES.—The program
required by paragraph (1) shall—
‘‘(A) continue and expand the educational
activities of the We the People . . . The Citizen
and the Constitution program administered by
the Center for Civic Education; and
395
‘‘(B) enhance student attainment of chal-
lenging content standards in civics and govern-
ment.
‘‘(3) CONTRACT OR GRANT AUTHORIZED.—The
Secretary is authorized to enter into a contract or
grant with the Center for Civic Education to carry
out the program required by paragraph (1).
‘‘(b) PROGRAM CONTENT.—The education program
authorized by this section shall provide—
‘‘(1) a course of instruction on the basic prin-
ciples of our constitutional democracy and the his-
tory of the Constitution and the Bill of Rights;
‘‘(2) school and community simulated congres-
sional hearings following the course of study at the
request of participating schools; and
‘‘(3) an annual national competition of simu-
lated congressional hearings for secondary students
who wish to participate in such program.
‘‘(c) PROGRAM PARTICIPANTS.—The education pro-
gram authorized by this section shall be made available
to public and private elementary and secondary schools in
the 435 congressional districts, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the District of Columbia.
396
‘‘(d) SPECIAL RULE.—Funds provided under this
section may be used for the advanced training of teachers
in civics and government after the provisions of subsection
(b) have been implemented.
‘‘SEC. 3702. INSTRUCTION IN CIVICS, GOVERNMENT, AND
THE LAW.
‘‘(a) PROGRAM ESTABLISHED.—The Secretary shall
carry out a program of grants and contracts to assist
State and local educational agencies and other public and
private nonprofit agencies, organizations and institutions
to enhance—
‘‘(1) attainment by students of challenging con-
tent standards in civics, government, and the law;
and
‘‘(2) attainment by the Nation of Goals Three
and Six of the National Education Goals.
‘‘(b) AUTHORIZED ACTIVITIES.—Assistance under
this section may support new and ongoing programs in
elementary and secondary schools that provide for—
‘‘(1) the development and implementation of
curricular programs that enhance student under-
standing of—
‘‘(A) the values and principles which un-
derlie, and the institutions and processes which
comprise, our system of government;
397
‘‘(B) the role of law in our constitutional
democracy, including activities to promote—
‘‘(i) legal literacy; and
‘‘(ii) a dedication by students to the
use of non-violent means of conflict resolu-
tion such as arbitration, mediation, nego-
tiation, trials, and appellate hearings; and
‘‘(C) the rights and responsibilities of citi-
zenship;
‘‘(2) professional development for teachers, in-
cluding pre-service and in-service training;
‘‘(3) outside-the-classroom learning experiences
for students, including community service activities;
‘‘(4) the active participation of community lead-
ers, from the public and private sectors, in the
schools; and
‘‘(5) the provision of technical assistance to
State and local educational agencies and other insti-
tutions and organizations working to further the
progress of the Nation in attaining the Goals Three
and Six of the National Education Goals in civics
and government.
‘‘(c) APPLICATIONS, PEER REVIEW AND PRIORITY.—
‘‘(1) SUBMISSION OF APPLICATIONS.—A State
or local educational agency, other public or private
398
nonprofit agency, organization or institution that de-
sires to receive a grant or enter into a contract
under this section shall submit an application to the
Secretary at such time, in such manner, and con-
taining or accompanied by such information as the
Secretary may reasonably require.
‘‘(2) PEER REVIEW.—(A) The Secretary shall
convene a panel of individuals for purpose of review-
ing and rating applications submitted under para-
graph (1).
‘‘(B) Such individuals shall have experience
with education programs in civics, government, and
the law.
‘‘(3) PRIORITY.—In making grants or awarding
contracts under this section, the Secretary shall give
priority consideration to applications which propose
the operation of statewide programs.
‘‘(d) DURATION OF GRANTS AND EXCEPTION.—
‘‘(1) DURATION.—Except as provided in para-
graph (2), the Secretary shall make grants and
enter into contracts under this section for periods of
2 or 3 years.
‘‘(2) EXCEPTION.—The Secretary may make a
grant or enter into a contract under this section for
a period of less than 2 years if the Secretary deter-
399
mines that special circumstances exist which warrant
a one year grant or contract award.
‘‘SEC. 3703. REPORT; AUTHORIZATION OF APPROPRIA-
TIONS.
‘‘(a) REPORT.—The Secretary shall report, on a bien-
nial basis, to the Committee on Education and Labor of
the House of Representatives and to the Committee on
Labor and Human Resources of the Senate related to the
distribution and use of funds authorized under this part.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) GENERAL.—To carry out this part, there
are authorized to be appropriated $15,000,000 for
fiscal year 1995 and such sums as may be necessary
for each of the fiscal years 1996, 1997, 1998, and
1999.
‘‘(2) ALLOCATION.—From the amount appro-
priated under subsection (a), the Secretary shall al-
locate—
‘‘(A) 40 percent of such amount to carry
out section 3701; and
‘‘(B) 60 percent of such amount to carry
out section 3702.
400
‘‘PART G—NATIVE HAWAIIAN EDUCATION
‘‘SEC. 3801. SHORT TITLE.
‘‘This part may be cited as the ‘Native Hawaiian
Education Act’.
‘‘SEC. 3802. FINDINGS.
‘‘The Congress finds that:
‘‘(1) Native Hawaiians comprise a distinct and
unique indigenous people with a historical continuity
to the original inhabitants of the Hawaiian archipel-
ago whose society was organized as a Nation prior
to the arrival of the first non-indigenous people in
1778.
‘‘(2) The Native Hawaiian people are entitled to
preserve, develop and transmit to future generations
their ancestral territory, and their cultural identity
in accordance with their own spiritual and tradi-
tional beliefs, customs, practices, languages, and so-
cial institutions.
‘‘(3) The constitution and statutes of the State
of Hawaii:
‘‘(A) acknowledge the distinct land rights
of the Native Hawaiian people as beneficiaries
of the public lands trust; and
‘‘(B) reaffirm and protect the unique right
of the Native Hawaiian people to practice and
401
perpetuate their cultural and religious customs,
beliefs, practices, and language.
‘‘(4) At the time of the arrival of the first non-
indigenous people in Hawaii in 1778, the Native Ha-
waiian people lived in a highly organized, self-suffi-
cient, subsistence social system based on communal
land tenure with a sophisticated language, culture,
and religion.
‘‘(5) A unified monarchial government of the
Hawaiian Islands was established in 1810 under
Kamehameha I, the first King of Hawaii.
‘‘(6) Throughout the 19th century and until
1893, the United States: (a) recognized the inde-
pendence of the Hawaiian Nation; (b) extended full
and complete diplomatic recognition to the Hawaiian
government; and (c) entered into treaties and con-
ventions with the Hawaiian monarchs to govern
commerce and navigation in 1826, 1842, 1849, 1875
and 1887.
‘‘(7) In the year 1893, the United States Min-
ister assigned to the sovereign and independent
Kingdom of Hawaii, John L. Stevens, conspired with
a small group of non-Hawaiian residents of the
Kingdom, including citizens of the United States, to
402
overthrow the indigenous and lawful Government of
Hawaii.
‘‘(8) In pursuance of that conspiracy, the Unit-
ed States Minister and the naval representative of
the United States caused armed naval forces of the
United States to invade the sovereign Hawaiian Na-
tion in support of the overthrow of the indigenous
and lawful Government of Hawaii and the United
States Minister thereupon extended diplomatic rec-
ognition of a provisional government formed by the
conspirators without the consent of the native people
of Hawaii or the lawful Government of Hawaii in
violation of treaties between the two nations and of
international law.
‘‘(9) In a message to Congress on December
18, 1893, then President Grover Cleveland reported
fully and accurately on these illegal actions, and ac-
knowledged that by these acts, described by the
President as acts of war, the government of a peace-
ful and friendly people was overthrown, and the
President concluded that a ‘substantial wrong has
thus been done which a due regard for our national
character as well as the rights of the injured people
require that we should endeavor to repair.’
403
‘‘(10) Queen Lili’uokalani, the lawful monarch
of Hawaii, and the Hawaiian Patriotic League, rep-
resenting the aboriginal citizens of Hawaii, promptly
petitioned the United States for redress of these
wrongs and for restoration of the indigenous govern-
ment of the Hawaiian nation, but this petition was
not acted upon.
‘‘(11) In 1898, the United States annexed Ha-
waii through the Newlands Resolution, without the
consent of or compensation to the indigenous people
of Hawaii or their sovereign government, who were
denied their land, ocean resources, and the mecha-
nism for expression of their inherent sovereignty
through self-government and self-determination.
‘‘(12) Through the Newlands Resolution and
the 1900 Organic Act, the United States Congress
received 1.75 million acres of lands formerly owned
by the Crown and Government of the Hawaiian
Kingdom and exempted the lands from then existing
public land laws of the United States by mandating
that the revenue and proceeds from these lands be
‘used solely for the benefit of the inhabitants of the
Hawaiian Islands for education and other public
purposes,’ thereby establishing a special trust rela-
404
tionship between the United States and the indige-
nous native inhabitants of Hawaii.
‘‘(13) Congress enacted the Hawaiian Homes
Commission Act of 1920 designating 200,000 acres
of the ceded public lands for exclusive homesteading
by Native Hawaiians, affirming the trust relation-
ship between the United States and the Native Ha-
waiians, as expressed by then Secretary of the Inte-
rior Franklin K. Lane, who was cited in the Com-
mittee Report of the United States House of Rep-
resentatives Committee on Territories as stating:
‘One thing that impressed me . . . was the fact that
the natives of these islands who are our wards, I
should say, and for whom in a sense we are trustees,
are falling off rapidly in numbers and many of them
are in poverty.’
‘‘(14) In 1938, the United States Congress
again acknowledged the unique status of the Hawai-
ian people by including in the Act of June 20, 1938
(52 Stat. 781 et seq.), a provision to lease lands
within the National Parks extension to Native Ha-
waiians and to permit fishing in the area ‘only by
native Hawaiian residents of said area or of adjacent
villages and by visitors under their guidance.’
405
‘‘(15) Under the Act entitled ‘An Act to provide
for the admission of the State of Hawaii into the
Union’ Approved March 18, 1959 (73 Stat. 4), the
United States transferred responsibility for the ad-
ministration of the Hawaiian Home Lands to the
State of Hawaii but reaffirmed the trust relationship
which existed between the United States and the
Hawaiian people by retaining the exclusive power to
enforce the trust, including the power to approve
land exchanges and legislative amendments affecting
the rights of beneficiaries under such Act.
‘‘(16) Under the Act entitled ‘An Act to provide
for the admission of the State of Hawaii into the
Union’, approved March 18, 1959 (73 Stat. 4), the
United States transferred responsibility for adminis-
tration over portions of the ceded public lands trust
not retained by the United States to the State of
Hawaii but reaffirmed the trust responsibility which
existed between the United States and the Hawaiian
people by retaining the legal responsibility to enforce
the administration of the public trust responsibility
of the State of Hawaii for the betterment of the con-
ditions of Native Hawaiians under section 5(f) of the
Act entitled ‘An Act to provide for the admission of
the State of Hawaii into the Union.’.
406
‘‘(17) The authority of the Congress under the
United States Constitution to legislate in matters af-
fecting the aboriginal or indigenous peoples of the
United States includes the authority to legislate in
matters affecting the native peoples of Alaska and
Hawaii.
‘‘(18) In furtherance to the trust responsibility
for the betterment of the conditions of native Hawai-
ians, the United States has established educational
programs to benefit Native Hawaiians and has ac-
knowledged that special educational efforts are re-
quired recognizing the unique cultural and historical
circumstances of Native Hawaiians.
‘‘(19) This historical and legal relationship has
been consistently recognized and affirmed by the
Congress through the enactment of Federal laws
which extend to the Hawaiian people the same rights
and privileges accorded to American Indian, Alaska
Native, Eskimo, and Aleut communities, including
the Native American Programs Act of 1974; the Na-
tive American Programs Act of 1992, as amended;
the National Historic Act Amendments of 1992; the
American Indian Religious Freedom Act; the Native
American Graves Protection and Repatriation Act.
407
‘‘(20) The United States has also recognized
and reaffirmed the trust relationship to the Hawai-
ian people through legislation which authorizes the
provision of services to Native Hawaiians, specifi-
cally, the Older Americans Act of 1965, the Devel-
opmental Disabilities Assistance and Bill of Rights
Act Amendments of 1987, the Veterans’ Benefits
and Services Act of 1988, the Rehabilitation Act of
1973, the Native Hawaiian Health Care Act of
1988, the Health Professions Reauthorization Act of
1988, the Nursing Shortage Reduction and Edu-
cation Extension Act of 1988, the Handicapped Pro-
grams Technical Amendments Act of 1988, the In-
dian Health Care Amendments of 1988, and the
Disadvantaged Minority Health Improvements Act
of 1990.
‘‘(21) Despite the success of the programs es-
tablished under the Native Hawaiian Education Act
of 1988, the education needs of Native Hawaiians
continue to be severe:
‘‘(A) Native Hawaiian students continue to
score below national norms on standardized
education achievement tests.
‘‘(B) Both public and private schools con-
tinue to show a pattern of low percentages of
408
Native Hawaiian students in the uppermost
achievement levels and in gifted and talented
programs.
‘‘(C) Native Hawaiian students continue to
be overrepresented among those qualifying for
special education programs provided to learning
disabled, educable mentally retarded, handi-
capped, and other such students.
‘‘(D) Native Hawaiians continue to be dis-
proportionately represented in many negative
social and physical statistics, indicative of spe-
cial educational needs—
‘‘(i) 
lower 
educational 
attainment
among Native Hawaiians has been found
to relate to lower socioeconomic outcomes;
‘‘(ii) Native Hawaiian students con-
tinue to be disproportionately under-
represented in Institutions of Higher Edu-
cation;
‘‘(iii) Native Hawaiians continue to be
underrepresented in traditional white collar
professions, health care professions, and
the newly emerging technology based pro-
fessions and are overrepresented in service
occupations;
409
‘‘(iv) Native Hawaiian children con-
tinue to be disproportionately victimized by
child abuse and neglect, a signal of family
stress; and
‘‘(v) there are and will continue to be
geographically rural, isolated areas with a
high Native Hawaiian population density.
‘‘(22) Special efforts in education recognizing
the unique cultural and historical circumstances of
Native Hawaiians are required.
‘‘SEC. 3803. PURPOSE.
‘‘It is the purpose of this part to—
‘‘(1) authorize and develop supplemental edu-
cational programs to assist Native Hawaiians in
reaching the National Education Goals;
‘‘(2) provide direction and guidance to appro-
priate Federal, State, and local agencies to focus re-
sources, including those made available by the title
on the problem of Native Hawaiian Education;
‘‘(3) supplement and expand existing programs
and authorities in the area of education to further
the purposes of the title; and
‘‘(4) encourage the maximum participation of
Native Hawaiians in planning and management of
Native Hawaiian Education Programs.
410
‘‘SEC. 3804. NATIVE HAWAIIAN EDUCATION COUNCIL.
‘‘(a) ESTABLISHMENT.—In order to better effectuate
the purposes of this part through assistance in the coordi-
nation of services and programs provided for under this
part, the Secretary shall establish a Native Hawaiian Edu-
cation Council.
‘‘(b) COMPOSITION.—Such Council shall consist of,
but not be limited to:
‘‘(1) representatives of each of the programs
which receive Federal funding under this part;
‘‘(2) a representative from the Office of the
Governor;
‘‘(3) a representative from the Office of Hawai-
ian Affairs;
‘‘(4) representatives of other Native Hawaiian
Educational organizations and Native Hawaiian or-
ganizations which receive Federal or state education
funds; and
‘‘(5) parent, student, educator and community
organizations.
‘‘(c) CONDITIONS AND TERMS.—All members of the
Council shall be residents of the State of Hawaii, and at
least half of the members shall be Native Hawaiian. Mem-
bers of the Council shall be appointed for five year terms.
‘‘(d) DUTIES
AND
RESPONSIBILITIES.—(1) The
Council shall provide direction and guidance to appro-
411
priate Federal, State, and local agencies to focus re-
sources, including those made available by this title on Na-
tive Hawaiian Education.
‘‘(2) The Council is authorized to make available to
Congress any information, advice, and recommendations
that the Council is authorized to give to the Secretary.
‘‘(3) The Secretary shall, whenever practicable, con-
sult with the Council before taking any significant action
related to the education of Native Hawaiians. Any advice
or recommendation made by the Council to the Secretary
shall reflect the independent judgment of the Council on
the matter concerned.
‘‘(e) ADMINISTRATIVE PROVISIONS.—The Council
shall meet at the call of the Chair, or upon the request
of the majority of the Council, but in any event not less
than twice during each calendar year. All matters relating
to, or proceedings of, the Council need not comply with
the Federal Advisory Committee Act.
‘‘(f) COMPENSATION.—A member of the Native Ha-
waiian Council shall not receive any compensation for
service on the Council.
‘‘(g) ANNUAL REPORT.—The Council shall present to
the Secretary an annual report on its activities.
‘‘(h) REPORT TO CONGRESS.—Not later than 4 years
after the date of the enactment of the Improving Ameri-
412
ca’s Schools Act, the Secretary shall prepare and submit
to the Senate Committee on Indian Affairs and the House
Committee on Education and Labor, a report which sum-
marizes the annual reports of the Native Hawaiian Coun-
cil, describes the allocation and utilization of monies under
this part, and contains recommendations for changes in
Federal, State, and local policy to advance the purposes
of this part.
‘‘SEC. 3805. NATIVE HAWAIIAN LANGUAGE IMMERSION
PROJECT.
‘‘(a) NATIVE HAWAIIAN LANGUAGE IMMERSION AU-
THORITY.—In order to continue the state-wide effort at
revitalizing the Native Hawaiian Language through the
Punana Leo Project and the State of Hawaii’s immersion
project, the Secretary shall make direct grants to—
‘‘(1) Aha Punana Leo for the continued mainte-
nance of the Punana Leo Project, a family-based
Hawaiian Immersion pre-school program;
‘‘(2) the State of Hawaii for education support
services for the State of Hawaii’s Hawaiian Immer-
sion Program; and
‘‘(3) the State of Hawaii to establish a center
for Native Hawaiian curriculum development and
teacher training.
413
‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated $1,500,000 for fiscal year
1995 and such sums as may be necessary for fiscal years
1996 through 1999. Such funds shall remain available
until expended.
‘‘SEC. 3806. NATIVE HAWAIIAN FAMILY-BASED EDUCATION
CENTERS.
‘‘(a) GENERAL AUTHORITY.—The Secretary shall
make direct grants to Native Hawaiian Organizations (in-
cluding Native Hawaiian Educational Organizations) to
develop and operate a minimum of eleven Family-Based
Education Centers throughout the Hawaiian Islands. Such
centers shall include—
‘‘(1) Parent-Infant programs (prenatal through
age 3);
‘‘(2) Preschool programs for four and five year-
olds;
‘‘(3) continued research and development; and
‘‘(4) long term followup and assessment pro-
gram.
414
‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to any other amount authorized for the centers de-
scribed in subsection (a), there is authorized to be appro-
priated $6,000,000 for fiscal year 1995 and such sums
as may be necessary for fiscal years 1996 through 1999.
Such funds shall remain available until expended.
‘‘SEC. 3807. NATIVE HAWAIIAN HIGHER EDUCATION DEM-
ONSTRATION PROGRAM.
‘‘(a) HIGHER EDUCATION GENERAL AUTHORITY.—
The Secretary shall make grants to the Kamehameha
Schools/Bernice Pauahi Bishop Estate for a demonstra-
tion program to provide Higher Education fellowship as-
sistance to Native Hawaiian students. The demonstration
program under this program may include—
‘‘(1) full or partial fellowship support for Native
Hawaiian students enrolled at an accredited two or
four year degree granting institution of higher edu-
cation with awards to be based on academic poten-
tial and financial need;
415
‘‘(2) counseling and support services for such
students receiving fellowship assistance pursuant to
subsection (a)(1) of this section;
‘‘(3) college preparation and guidance counsel-
ing at the secondary school level for students who
may be eligible for fellowship assistance pursuant to
subsection (a)(1) of this section;
‘‘(4) appropriate research and evaluation of the
activities authorized by this section; and
‘‘(5) implementation of faculty development
programs for the improvement and matriculation of
Native Hawaiian students.
‘‘(b) GRANTS AUTHORIZED.—The Secretary shall
make grants to Kamehameha Schools/Bernice Pauahi
Bishop Estate for a demonstration project of fellowship
assistance for Native Hawaiian students in post-bachelor
degree programs. Such project may include—
‘‘(1) full or partial fellowship support for Native
Hawaiian students enrolled at an accredited post-
bachelor degree granting institution of higher edu-
cation, with priority given to professions in which
Native Hawaiians are under-represented and with
awards to be based on academic potential and finan-
cial need;
416
‘‘(2) counseling and support services for such
students receiving fellowship assistance pursuant to
subsection (b)(1) of this section; and
‘‘(3) appropriate research and evaluation of the
activities authorized by this section.
‘‘(c) SPECIAL CONDITION REQUIRED.—For the pur-
pose of subsection (b) fellowship conditions shall be estab-
lished whereby recipients obtain an enforceable contract
obligation to provide their professional services, either dur-
ing their fellowship or upon completion of post-bachelor
degree program, to the Native Hawaiian community with-
in the State of Hawaii.
‘‘(d) SPECIAL RULE.—No policy shall be made in im-
plementing this Section to prevent a Native Hawaiian stu-
dent enrolled at an accredited two or four year degree
granting institution of higher education outside of the
State of Hawaii from receiving a fellowship pursuant to
paragraphs (a) and (b) of this section.
‘‘(e) ADMINISTRATIVE COSTS.—No more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) There are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as
417
may be necessary for fiscal years 1996 through 1999
for the purpose of funding the fellowship assistance
demonstration project under subsection (a).
‘‘(2) There are authorized to be appropriated
$1,500,000 for fiscal year 1995 and such sums as
may be necessary for fiscal years 1996 through 1999
for the purpose of funding the fellowship assistance
demonstration project provided under subsection (b).
‘‘(3) Funds appropriated under the authority of
this subsection shall remain available until expended.
‘‘SEC. 3808. NATIVE HAWAIIAN GIFTED AND TALENTED
DEMONSTRATION PROGRAM.
‘‘(a) GIFTED AND TALENTED DEMONSTRATION AU-
THORITY.—
‘‘(1) The Secretary shall provide a grant to, or
enter into a contract with, the University of Hawaii
at Hilo for—
‘‘(A) the establishment of a Native Hawai-
ian Gifted and Talented Center at the Univer-
sity of Hawaii at Hilo, and
‘‘(B) for demonstration projects designed
to—
(i) address the special needs of Native
Hawaiian elementary and secondary school
418
students who are gifted and talented stu-
dents, and
(ii) provide those support services to
their families that are needed to enable
such students to benefit from the project.
Such grant or contract shall be subject to the availability
of appropriated funds and, contingent on satisfactory per-
formance by the grantee, shall be provided for a term of
3 years.
‘‘(2) After the term of the grant or contract
provided, or entered into, under paragraph (1) has
expired, the Secretary shall, for the purposes de-
scribed in subparagraphs (A) and (B) of paragraph
(1), provide a grant to, or enter into a contract with,
the public, 4-year, fully accredited institution of
higher education located in the State of Hawaii
which has made the greatest contribution to Native
Hawaiian students. Such grant or contract shall be
provided on an annual basis. The grantees shall be
authorized to subcontract when appropriate, includ-
ing with the Children’s Television Workshop.
‘‘(b) USES
OF
FUNDS.—Demonstration projects
funded under this section may include—
419
‘‘(1) the identification of the special needs of
gifted and talented students, particularly at the ele-
mentary school level, with attention to—
‘‘(A) the emotional and psychosocial needs
of these students, and
‘‘(B) the provision of those support serv-
ices to their families that are needed to enable
these students to benefit from the projects;
‘‘(2) the conduct of educational, psychosocial,
and developmental activities which hold reasonable
promise of resulting in substantial progress toward
meeting the educational needs of such gifted and tal-
ented children, including, but not limited to, dem-
onstrating and exploring the use of the Native Ha-
waiian language and exposure to Native Hawaiian
cultural traditions;
‘‘(3) the use of public television in meeting the
special educational needs of such gifted and talented
children;
‘‘(4) leadership programs designed to replicate
programs for such children throughout the State of
Hawaii and to other Native American peoples, in-
cluding the dissemination of information derived
from demonstration projects conducted under this
section; and
420
‘‘(5) appropriate research, evaluation, and relat-
ed activities pertaining to—
‘‘(A) the needs of such children, and
‘‘(B) the provision of those support serv-
ices to their families that are needed to enable
such children to benefit from the projects.
‘‘(c) INFORMATION PROVISION.—The Secretary shall
facilitate the establishment of a national network of Na-
tive Hawaiian and American Indian Gifted and Talented
Centers, and ensure that the information developed by
these centers shall be readily available to the educational
community at large.
‘‘(d) ADMINISTRATIVE COSTS.—No more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to any other amount authorized for projects de-
scribed in this section there are authorized to be appro-
priated $2,000,000 for fiscal year 1995 and such sums
as may be necessary for fiscal years 1996 through 1999.
Such funds shall remain available until expended.
421
‘‘SEC. 3809. NATIVE HAWAIIAN SPECIAL EDUCATION PRO-
GRAM.
‘‘(a) SPECIAL EDUCATION AUTHORITY.—The Sec-
retary shall make grants to, and enter into contracts with,
Pihana Na Mamo, to operate projects to address the spe-
cial education needs of Native Hawaiian students. Such
projects assisted under this section may include—
‘‘(1) the identification of Native Hawaiian chil-
dren who are learning disabled, mentally or phys-
ically handicapped, educable mentally retarded, or
otherwise in need of special educational services;
‘‘(2) the identification of special education
needs of such children, particularly at the elemen-
tary school level, with attention to—
‘‘(A) the emotional and psychosocial needs
of these students, and
‘‘(B) the provision of those support serv-
ices to their families that are needed to enable
such children to benefit from the projects.
‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(c) MATCHING FUNDS.—(1) The Secretary may not
make a grant or provide funds pursuant to a contract
under this subsection—
422
‘‘(A) in an amount exceeding 83.3 percent of
the costs of providing health services under the
grant or contract; and
‘‘(B) unless Pihana Na Mamo agrees that the
State of Hawaii, the Office of Hawaiian Affairs, or
any other non-Federal entity will make available, di-
rectly or through donations to the Native Hawaiian
Special Education Project, non-Federal contribu-
tions toward such costs in an amount equal to not
less than $1 (in cash or in kind under paragraph
(2)) for each $5 of Federal funds provided in such
grant or contract.
‘‘(2) Non-Federal contributions required in para-
graph (1) may be in cash or in kind, fairly evaluated, in-
cluding plant, equipment, or services. Amounts provided
by the Federal Government or services assisted or sub-
sidized to any significant extent by the Federal Govern-
ment may not be included in determining the amount of
non-Federal contributions.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to any other amount authorized for such project,
there is authorized to be appropriated $2,000,000 for fis-
cal year 1995 and such sums as may be necessary for fis-
cal years 1996 through 1999. Such funds shall remain
available until expended.
423
‘‘SEC. 3810. ADMINISTRATIVE PROVISIONS.
‘‘(a) APPLICATION REQUIRED.—No grant may be
made under this part, nor any contract be entered into
under this part, unless an application is submitted to the
Secretary in such form, in such manner, and containing
such information as the Secretary may determine nec-
essary to carry out the provisions of this title.
‘‘(b) SPECIAL RULE.—Each application submitted
under this title shall be accompanied by the comments of
each local educational agency serving students who will
participate in the project for which assistance is sought.
‘‘SEC. 3811. DEFINITIONS.
‘‘For the purposes of this part—
‘‘(1) The term ‘Native Hawaiian’ means any in-
dividual who is—
‘‘(A) a citizen of the United States,
‘‘(B) a resident of the State of Hawaii,
and
‘‘(C) a descendant of the aboriginal people,
who prior to 1778, occupied and exercised sov-
ereignty in the area that now comprises the
State of Hawaii, as evidenced by—
‘‘(i) genealogical records,
‘‘(ii) Kupuna (elders) or Kama’aina
(long-term community residents) verifica-
tion, or
424
‘‘(iii) birth records of the State of
Hawaii.
‘‘(2) The term ‘Secretary’ means the Secretary
of Education.
‘‘(3) The term ‘Native Hawaiian Educational
Organization’ means a private nonprofit organiza-
tion that—
‘‘(A) serves the interests of Native Hawai-
ians,
‘‘(B) has Native Hawaiians in substantive
and policy-making positions within the organi-
zations, and
‘‘(C) has a demonstrated expertise in the
education of Native Hawaiian youth, and
‘‘(D) has demonstrated expertise in re-
search and program development.
‘‘(4) The term ‘Native Hawaiian Organization’
means a private nonprofit organization that—
‘‘(A) serves the interests of Native Hawai-
ians,
‘‘(B) has Native Hawaiians in substantive
and policy-making positions within the organi-
zations, and
‘‘(C) is recognized by the Governor of Ha-
waii for the purpose of planning, conducting, or
425
administering programs (or portions of pro-
grams) for the benefit of Native Hawaiians.
‘‘(5) The term ‘elementary school’ has the same
meaning given that term under section 9101 of this
Act.
‘‘(6) The term ‘local educational agency’ has
the same meaning given that term under section
9101 of this Act.
‘‘(7) The term ‘secondary school’ has the same
meaning given that term under section 9101 of this
Act.
‘‘PART H—ALLEN J. ELLENDER FELLOWSHIP
PROGRAM
‘‘SEC. 3901. FINDINGS.
‘‘The Congress makes the following findings:
‘‘(1) It is a worthwhile goal to ensure that all
students in America are prepared for responsible
citizenship and that all students should have the op-
portunity to be involved in activities that promote
and demonstrate good citizenship.
‘‘(2) It is a worthwhile goal to ensure that
America’s educators have access to programs for the
continued improvement of their professional skills.
‘‘(3) Allen J. Ellender, a Senator from Louisi-
ana and President pro tempore of the United States
426
Senate, had a distinguished career in public service
characterized by extraordinary energy and real con-
cern for young people. Senator Ellender provided
valuable support and encouragement to the Close Up
Foundation, a nonpartisan, nonprofit foundation
promoting knowledge and understanding of the Fed-
eral Government among young people and educators.
Therefore, it is a fitting and appropriate tribute to
Senator Ellender to provide fellowships in his name
to students of limited economic means, the teachers
who work with them and older Americans so that
they may participate in the programs supported by
the Close Up Foundation.
‘‘Subpart 1—Program for Middle and Secondary
School Students
‘‘SEC. 3911. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is au-
thorized to make grants in accordance with the provisions
of this title to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit foundation,
for the purpose of assisting the Close Up Foundation in
carrying out its programs of increasing understanding of
the Federal Government among middle and secondary
school students.
427
‘‘(b) USE OF FUNDS.—Grants under this title shall
be used only for financial assistance to economically dis-
advantaged students who participate in the program de-
scribed in subsection (a) of this section. Financial assist-
ance received pursuant to this title by such students shall
be known as Allen J. Ellender fellowships.
‘‘SEC. 3912. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
title may be made except upon an application at such time,
in such manner, and accompanied by such information as
the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Each such appli-
cation shall contain provisions to assure—
‘‘(1) that fellowship grants are made to eco-
nomically disadvantaged middle and secondary
school students;
‘‘(2) that every effort will be made to ensure
the participation of students from rural and small
town areas, as well as from urban areas, and that
in awarding fellowships to economically disadvan-
taged students, special consideration will be given to
the participation of students with special educational
needs, including physically challenged students,
visually- and hearing-impaired students, ethnic mi-
428
nority students, and gifted and talented students;
and
‘‘(3) the proper disbursement of the funds of
the United States received under this title.
‘‘Subpart 2—Program for Middle and Secondary
School Teachers
‘‘SEC. 3915. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is au-
thorized to make grants in accordance with the provisions
of this title to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit foundation,
for the purpose of assisting the Close Up Foundation in
carrying out its programs of teaching skills enhancement
for middle and secondary school teachers.
‘‘(b) USE OF FUNDS.—Grants under this title shall
be used only for financial assistance to teachers who par-
ticipate in the program described in subsection (a) of this
section. Financial assistance received pursuant to this title
by such individuals shall be known as Allen J. Ellender
fellowships.
‘‘SEC. 3916. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
429
‘‘(b) CONTENTS OF APPLICATION.—Each such appli-
cation shall contain provisions to assure—
‘‘(1) that fellowship grants are made only to
teachers who have worked with at least one student
from his or her school who participates in the pro-
grams described in section 101(a);
‘‘(2) that not more than one teacher in each
school participating in the programs provided for in
section 101(a) may receive a fellowship in any fiscal
year;
‘‘(3) the proper disbursement of the funds of
the United States received under this title.
‘‘Subpart 3—Programs for Recent Immigrants,
Students of Migrant Parents and Older Americans
‘‘SEC. 3921. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—(1) The Secretary is
authorized to make grants in accordance with the provi-
sions of this title to the Close Up Foundation of Washing-
ton, District of Columbia, a nonpartisan, nonprofit foun-
dation, for the purpose of assisting the Close Up Founda-
tion in carrying out its programs of increasing under-
standing of the Federal Government among economically
disadvantaged older Americans, recent immigrants and
students of migrant parents.
430
‘‘(2) For the purpose of this subpart, the term ‘older
American’ means an individual who has attained 55 years
of age.
‘‘(b) USE OF FUNDS.—Grants under this subpart
shall be used only for financial assistance to economically
disadvantaged older Americans, recent immigrants and
students of migrant parents who participate in the pro-
gram described in subsection (a) of this section. Financial
assistance received pursuant to this subpart by such indi-
viduals shall be known as Allen J. Ellender fellowships.
‘‘SEC. 3922. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Each such appli-
cation shall contain provisions to assure—
‘‘(1) that fellowship grants are made to eco-
nomically disadvantaged older Americans, recent im-
migrants and students of migrant parents;
‘‘(2) that every effort will be made to ensure
the participation of older Americans, recent immi-
grants and students of migrant parents from rural
and small town areas, as well as from urban areas,
and that in awarding fellowships, special consider-
431
ation will be given to the participation of older
Americans, recent immigrants and students of mi-
grant parents with special needs, including phys-
ically challenged individuals, visually- and hearing-
impaired individuals, ethnic minorities, and gifted
and talented students;
‘‘(3) that activities permitted by section 301(a)
are fully described; and
‘‘(4) the proper disbursement of the funds of
the United States received under this title.
‘‘Subpart 4—General Provisions
‘‘SEC. 3925. ADMINISTRATIVE PROVISIONS.
‘‘(a) GENERAL RULE.—Payments under this part
may be made in installments, in advance, or by way of
reimbursement, with necessary adjustments on account of
underpayment or overpayment.
‘‘(b) AUDIT RULE.—The Comptroller General of the
United States or any of the Comptroller General’s duly
authorized representatives shall have access for the pur-
pose of audit and examination to any books, documents,
papers, and records that are pertinent to any grant under
this part.
‘‘SEC. 3926. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) There are authorized to be appropriated to carry
out the provisions of subparts 1, 2, and 3 of this part
432
$4,400,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
‘‘(b) Of the funds appropriated pursuant to sub-
section (a), not more than 30 percent may be used for
teachers associated with students participating in the pro-
grams described in section 3911(a).
‘‘PART I—TERRITORIAL EDUCATION
IMPROVEMENT PROGRAM
‘‘SEC. 3931. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the attainment of a high quality education
is important to a society and to each individual;
‘‘(2) it is the policy of the United States that
all citizens have a fair opportunity to receive a high
quality education;
‘‘(3) such opportunity should extend to United
States citizens and nationals residing in the outlying
areas;
‘‘(4) reports show that the outlying areas have
repeatedly placed last in national education tests
which measure knowledge in core subject areas;
‘‘(5) all students must realize their potential if
the United States is to prosper; and
433
‘‘(6) students in the outlying areas require ad-
ditional assistance if they are to obtain the high
standards established for all students in the United
States.
‘‘(b) PURPOSES.—The purpose of this part is to au-
thorize an education improvement program for the United
States Virgin Islands, Guam, American Samoa, the North-
ern Mariana Islands, and Palau which will assist in devel-
oping programs which will enhance student learning, in-
crease the standard of education, and improve the per-
formance levels of all students.
‘‘SEC. 3932. GRANT AUTHORIZATION.
‘‘The Secretary is authorized to make grants to the
Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands and Palau, until the effective date of the
Compact of Free Association with the Government of
Palau, to fund innovative education improvement pro-
grams which will increase student learning.
‘‘SEC. 3933. RESTRICTIONS.
‘‘(a) CONSTRUCTION.—No funds from a grant under
section 3922 may be used for construction.
‘‘(b) FULL USE.—If funds authorized under section
3922 are not fully committed within the period of the
grant, the grant for the next period shall be reduced by
the amount of funds not fully committed.
434
‘‘SEC. 3934. AUTHORIZATION.
‘‘There are authorized to be appropriated for grants
under section 3922 $5,000,000 for each of the fiscal years
1994 through 1999.
‘‘TITLE 
IV—SAFE 
AND 
DRUG-
FREE SCHOOLS AND COMMU-
NITIES
‘‘SEC. 4001. SHORT TITLE.
‘‘This title may be cited as the ‘Safe and Drug-Free
Schools and Communities Act of 1994’.
‘‘SEC. 4002. FINDINGS.
‘‘The Congress finds as follows:
‘‘(1) National Education Goal Six provides that
by the year 2000, all schools in America will be free
of drugs and violence and offer a disciplined environ-
ment that is conducive to learning.
‘‘(2) The widespread illegal use of alcohol and
other drugs among the Nation’s secondary school
students, and increasingly by students in elementary
schools as well, constitutes a grave threat to their
physical and mental well-being, and significantly im-
pedes the learning process. For example, data show
that students who drink tend to receive lower grades
and are more likely to miss school because of illness
than students who do not drink.
435
‘‘(3) Our Nation’s schools and communities are
increasingly plagued by violence and crime. Approxi-
mately three million thefts and violent crimes occur
in or near our Nation’s schools every year, the
equivalent of more than 16,000 incidents per school
day. Approximately one of every five high school stu-
dents now carries a firearm, knife, or club on a reg-
ular basis.
‘‘(4) The tragic consequences of violence and
the illegal use of alcohol and drugs by students are
felt not only by students and their families, but by
their communities and the Nation, which can ill af-
ford to lose their skills, talents, and vitality.
‘‘(5) While use of illegal drugs is a serious
problem among a minority of teenagers, alcohol use
is far more widespread. The proportion of high
school students using alcohol, though lower than a
decade ago, remains unacceptably high. By the 8th
grade, 70 percent of youth report having tried alco-
hol and by the 12th grade, about 88 percent have
used alcohol. Alcohol use by young people can and
does have adverse consequences for users, their fam-
ilies, communities, schools, and colleges.
‘‘(6) Every day approximately 3,000 children
start smoking for the first time and 30 percent of
436
all high school seniors are smokers. Half of all new
smokers begin before the age of 14, 90 percent be-
fore the age of 21, and the average age of the first
use of smokeless tobacco products is under the age
of 10. Use of tobacco products has been linked to se-
rious health problems. However, because the nicotine
in tobacco is an addictive substance, many tobacco
users find it difficult to stop using tobacco once they
have started. Drug education and prevention pro-
grams that include tobacco have been effective in re-
ducing teenage use of tobacco. Drug prevention pro-
grams for youth that address only controlled drugs
send an erroneous message that the use of tobacco
does not have adverse consequences. To be credible,
messages opposing illegal drug use by youth should
also address other harmful substances.
‘‘(7) Drug and violence prevention programs
are essential components of a comprehensive strat-
egy to promote school safety and to reduce the de-
mand for and use of drugs throughout the Nation.
Schools and local organizations in communities
throughout the Nation have a special responsibility
to work together to combat the growing epidemic of
violence and illegal drug use and should measure the
437
success of their programs against clearly defined
goals and objectives.
‘‘(8) Students must take greater responsibility
for their own well-being, health, and safety if schools
and communities are to achieve their goals of provid-
ing a safe, disciplined, and drug-free learning envi-
ronment.
‘‘SEC. 4003. PURPOSE.
‘‘The purpose of this title is to support programs to
meet Goal Six of the National Educational Goals by pre-
venting violence in and around schools and by strengthen-
ing programs that prevent the illegal use of alcohol and
drugs, involve parents, and are coordinated with related
Federal, State, and community efforts and resources,
through the provision of Federal assistance to—
‘‘(1) States for grants to local and intermediate
educational agencies and consortia to establish, oper-
ate, and improve local programs of school drug and
violence prevention, early intervention, rehabilitation
referral, and education in elementary and secondary
schools (including intermediate and junior high
schools);
‘‘(2) States for grants to local and intermediate
educational agencies and consortia for grants to, and
contracts with, community-based organizations and
438
other public and private non-profit agencies and or-
ganizations for programs of drug and violence pre-
vention, early intervention, rehabilitation referral,
and education;
‘‘(3) States for development, training, technical
assistance, and coordination activities;
‘‘(4) public and private non-profit organizations
to conduct training, demonstrations, and evaluation,
and to provide supplementary services for the pre-
vention of drug use and violence among students
and youth; and
‘‘(5) institutions of higher education for the de-
velopment and implementation of model programs
and strategies to promote the safety of students at-
tending institutions of higher education by prevent-
ing violent behavior and the illegal use of alcohol
and drugs by such students.
‘‘SEC. 4004. FUNDING.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated—
‘‘(1) 
for 
State 
grants 
under 
part 
A,
$630,000,000 for fiscal year 1995 and such sums as
may be necessary for each of fiscal years 1996
through 1999; and
439
‘‘(2) for national programs under part B,
$25,000,000 for fiscal year 1995 and such sums as
may be necessary for each of fiscal years 1996
through 1999.
‘‘(b) AVAILABILITY.—(1) Appropriations for any fis-
cal year for payments made under this title in accordance
with regulations of the Secretary may be made available
for obligation or expenditure by the agency or institution
concerned on the basis of an academic or school year dif-
fering from such fiscal year.
‘‘(2) Funds appropriated for any fiscal year under
this title shall remain available for obligation and expendi-
ture until the end of the fiscal year succeeding the fiscal
year for which such funds were appropriated.
‘‘PART A—STATE GRANTS FOR DRUG AND
VIOLENCE PREVENTION PROGRAMS
‘‘SEC. 4101. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—From the amount appro-
priated for each fiscal year under section 4004(a)(1), the
Secretary—
‘‘(1) shall reserve 1 percent of such amount for
grants under this part to Guam, American Samoa,
the Virgin Islands, the Commonwealth of the North-
ern Mariana Islands, and Palau (until the effective
date of the Compact of Free Association with the
440
Government of Palau), to be allotted in accordance
with their respective needs;
‘‘(2) shall reserve 1 percent of such amount for
the Secretary of the Interior to carry out programs
under this part for Indian youth;
‘‘(3) shall reserve 0.2 percent for programs for
Native Hawaiians under section 4202; and
‘‘(4) may reserve no more than $1,000,000 for
the national impact evaluation required by section
4106(a).
‘‘(b) STATE ALLOTMENTS.—(1) Except as provided
under paragraph (2), the Secretary shall, for each fiscal
year, allocate among the States—
‘‘(A) one-half of the remainder not reserved
under subsection (a) according to the ratio between
the school-aged population of each State and the
school-aged population of all the States; and
‘‘(B) one-half of such remainder according to
the ratio between the amount each State received
under section 1124 and 1124A of this Act for the
preceding year (or, for fiscal year 1995 only, sec-
tions 1005 and 1006 of this Act as in effect on the
day before enactment of the Safe and Drug-Free
Schools and Communities Act Amendments of 1994)
441
and the sum of such amounts received by all the
States.
‘‘(2) For any fiscal year, no State shall be allotted
under this subsection an amount that is less than one-
half of 1 percent of the total amount allotted to all the
States under this subsection.
‘‘(3) 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 two years
of such allotment. Such reallotments shall be made on the
same basis as allotments made under paragraph (1).
‘‘(4) For the purpose of this subsection, the term
‘State’ means each of the 50 States, the District of Colum-
bia, and the Commonwealth of Puerto Rico.
‘‘SEC. 4102. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—In order to receive its allotment
under section 4101 for any fiscal year, a State shall sub-
mit to the Secretary, at such time as the Secretary may
require, an application that—
‘‘(1)(A)(i) is integrated into the State’s plan, ei-
ther approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies
the requirements of this section that are not already
addressed by that plan; and
442
‘‘(ii) is submitted, if necessary, as an amend-
ment to the State’s plan under title III of the Goals
2000: Educate America Act; or
‘‘(B) if the State does not have an approved
plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan, is
integrated with other State plans under this Act and
satisfies the requirements of this section;
‘‘(2) contains the results of the State’s needs
assessment for drug and violence prevention pro-
grams, which shall be based on the results of on-
going State evaluation activities, including data on
the prevalence of drug use and violence by youth in
schools and communities;
‘‘(3) has been developed in consultation with
the chief executive officer, the head of the State al-
cohol and drug abuse agency, the heads of the State
health and mental health agencies, the head of the
State child welfare agency, and the heads of the
State criminal and juvenile justice planning agen-
cies;
‘‘(4) contains a description of the procedures
the State educational agency will use to review appli-
cations from local educational agencies under section
4104;
443
‘‘(5) contains an assurance that the State will
cooperate with, and assist, the Secretary in conduct-
ing a national impact evaluation of programs re-
quired by section 4106(a); and
‘‘(6) includes any other information the Sec-
retary may require.
‘‘(b) STATE
EDUCATIONAL
AGENCY
FUNDS.—A
State’s application under this section shall also contain a
comprehensive plan for the use of funds under section
4103(a) by the State educational agency that includes—
‘‘(1) a statement of the State educational agen-
cy’s measurable goals and objectives for drug and vi-
olence prevention and a description of the proce-
dures it will use for assessing and publicly reporting
progress toward meeting those goals and objectives;
‘‘(2) a plan for monitoring the implementation
of, and providing technical assistance regarding, the
drug and violence prevention programs conducted by
local educational agencies in accordance with section
4105;
‘‘(3) a description of how the State educational
agency will use funds it reserves under section
4103(b);
‘‘(4) a description of how the State educational
agency will coordinate its activities under this part
444
with drug and violence prevention efforts of other
State agencies; and
‘‘(5) an explanation of the criteria the State
educational agency will use to identify which local
educational agencies receive supplemental funds
under section 4103(d)(2)(A)(i)(II) and how the sup-
plemental funds will be allocated among those local
educational agencies.
‘‘(c) GOVERNOR’S FUNDS.—A State’s application
under this section shall also contain a comprehensive plan
for the use of funds under section 4103A by the chief exec-
utive officer that includes—
‘‘(1) a statement of the chief executive officer’s
measurable goals and objectives for drug and vio-
lence prevention and a description of the procedures
to be used for assessing and publicly reporting
progress toward meeting those goals and objectives;
‘‘(2) a description of how the chief executive of-
ficer will coordinate his or her activities under this
part with the State educational agency and other
State agencies and organizations involved with drug
and violence prevention efforts;
‘‘(3) a description of how funds reserved under
section 4103A will be used so as not to duplicate the
efforts of the State educational agency and local
445
educational agencies with regard to the provision of
school-based prevention efforts and services and how
those funds will be used to serve populations not
normally served by the State educational agency,
such as school dropouts and youth in detention cen-
ters;
‘‘(4) a description of how the chief executive of-
ficer will award funds under section 4103A and a
plan for monitoring the performance of, and provid-
ing technical assistance to, recipients of such funds;
and
‘‘(5) a description of how funds will be used to
support community-wide comprehensive drug and vi-
olence prevention planning.
‘‘(d) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing State applications under this
section.
‘‘(e) INTERIM APPLICATION.—Notwithstanding any
other provisions of this section, a State may submit for
fiscal year 1995 a one-year interim application and plan
for the use of funds under this part that are consistent
with the requirements of this section and contain such in-
formation as the Secretary may specify in regulations. The
purpose of such interim application and plan shall be to
afford the State the opportunity to fully develop and re-
446
view its application and comprehensive plan otherwise re-
quired by this section. A State may not receive a grant
under this part for a fiscal year subsequent to fiscal year
1995 unless the Secretary has approved its application
and comprehensive plan.
‘‘SEC. 4103. STATE AND LOCAL EDUCATIONAL AGENCY PRO-
GRAMS.
‘‘(a) USE OF FUNDS.—(1) Except as provided in
paragraph (2), an amount equal to 80 percent of the total
amount allocated to a State under section 4101 for each
fiscal year shall be used by the State educational agency
and its local educational agencies for drug and violence
prevention activities in accordance with this section.
‘‘(2)(A) If a State has, on or before January 1, 1994,
established an independent State agency for the purpose
of administering all of the funds described in section 5121
of the Elementary and Secondary Education Act of 1965
(as such section was in effect on the day before the date
of the enactment of the Improving America’s Schools Act
of 1994), then—
‘‘(i) an amount equal to 70 percent of the total
amount allocated to such State under section 4101
for each fiscal year shall be used by the State edu-
cational agency and its local educational agencies for
447
drug and violence prevention activities in accordance
with this section; and
‘‘(ii) an amount equal to 30 percent of such
total amount shall be used by such independent
State agency for drug and violence prevention activi-
ties in accordance with section 5122 of the Elemen-
tary and Secondary Education Act of 1965 (as such
section was in effect on the day before the date of
the enactment of the Improving America’s Schools
Act of 1994).
‘‘(B) Not more than 2.5 percent of the amount re-
served under subparagraph (A)(ii) may be used for admin-
istrative costs of the independent State agency incurred
in carrying out the activities described in such subpara-
graph.
‘‘(C) For purposes of this paragraph, the term ‘inde-
pendent State agency’ means an independent agency with
a board of directors or a cabinet level agency whose chief
executive officer is appointed by the chief executive officer
of the State and confirmed with the advice and consent
of the senate of such State.
‘‘(b) STATE LEVEL PROGRAMS.—(1) A State edu-
cational agency shall use no more than five percent of the
amount reserved under subsection (a) for activities such
as—
448
‘‘(A) training and technical assistance concern-
ing drug and violence prevention for local and inter-
mediate educational agencies, including teachers, ad-
ministrators, counselors, coaches and athletic direc-
tors, other educational personnel, parents, students,
community leaders, health service providers, local
law enforcement officials, and judicial officials;
‘‘(B) the development, identification, dissemina-
tion and evaluation of the most readily available, ac-
curate, and up-to-date curriculum materials (includ-
ing videotapes, software, and other technology-based
learning resources), for consideration by local edu-
cational agencies;
‘‘(C) demonstration projects in drug and vio-
lence prevention;
‘‘(D) financial assistance to enhance resources
available for drug and violence prevention in areas
serving large numbers of economically disadvantaged
children or sparsely populated areas, or to meet
other special needs consistent with the purposes of
this part; and
‘‘(E) the evaluation of activities carried out
within the State under this part.
449
‘‘(2) A State educational agency may carry out activi-
ties under this subsection directly, or through grants or
contracts.
‘‘(c) STATE ADMINISTRATION.—A State educational
agency may use no more than four percent of the amount
reserved under subsection (a) for the administrative costs
of carrying out its responsibilities under this part.
‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—(1)
A State educational agency shall distribute not less than
92 percent of the amount reserved under subsection (a)
for each fiscal year to local educational agencies in accord-
ance with this subsection.
‘‘(2)(A)(i) Of the amount distributed under sub-
section (d)(1), a State educational agency shall distrib-
ute—
‘‘(I) 70 percent of such amount to local edu-
cational agencies, based on the relative enrollments
in public and private non-profit schools within their
boundaries; and
‘‘(II) 30 percent of such amount to local edu-
cational agencies that the State educational agency
determines have the greatest need for additional
funds to carry out drug and violence prevention pro-
grams authorized by this part.
450
‘‘(ii) To the extent practicable, not less than 25 per-
cent of the amount specified in clause (i)(II) for a fiscal
year shall be distributed to local educational agencies lo-
cated in rural areas.
‘‘(B)(i) A State educational agency shall distribute
funds under subparagraph (A)(i)(II) to no more than ten
percent of its local educational agencies, or five such agen-
cies, whichever is greater.
‘‘(ii) In determining which local educational agencies
have the greatest need for additional funds, the State edu-
cational agency shall consider such factors as—
‘‘(I) high rates of alcohol or other drug use
among youth;
‘‘(II) high rates of victimization of youth by vio-
lence and crime;
‘‘(III) high rates of arrests and convictions of
youth for violent or drug- or alcohol-related crime;
‘‘(IV) the extent of illegal gang activity;
‘‘(V) high rates of referrals of youths to drug
and alcohol abuse treatment and rehabilitation pro-
grams;
‘‘(VI) high rates of referrals of youths to juve-
nile court;
‘‘(VII) high rates of expulsions and suspensions
of students from schools; and
451
‘‘(VIII) high rates of reported cases of child
abuse and domestic violence.
‘‘(e) REALLOCATION
OF FUNDS.—If a local edu-
cational agency chooses not to apply to receive the amount
allocated to it under subsection (d), or if its application
under section 4104 is disapproved by the State edu-
cational agency, the State educational agency shall reallo-
cate such amount to one or more of the local education
agencies determined by the State educational agency
under subsection (d)(2)(B) to have the greatest need for
additional funds.
‘‘(f) RETURN OF FUNDS TO STATE EDUCATIONAL
AGENCY; REALLOCATION.—(1) Except as provided in
paragraph (2), upon the expiration of the 1-year period
beginning on the date that a local educational agency, in-
termediate educational agency, or consortium under this
title receives its allocation under this title—
‘‘(A) such agency or consortium shall return to
the State educational agency any funds from such
allocation that remain unobligated; and
‘‘(B) the State educational agency shall reallo-
cate any such amount to local educational agencies,
intermediate educational agencies, or consortia that
have plans for using such amount for programs or
activities on a timely basis.
452
‘‘(2) In any fiscal year, a local educational agency,
intermediate educational agency, or consortium may re-
tain for obligation in the succeeding fiscal year—
‘‘(A) an amount equal to not more than 25 per-
cent of the allocation it receives under this title for
such fiscal year; or
‘‘(B) upon a demonstration of good cause by
such agency or consortium, a greater amount ap-
proved by the State educational agency.
‘‘SEC. 4103A. GOVERNOR’S PROGRAMS.
‘‘(a) USE OF FUNDS.—(1) An amount equal to 20
percent of the total amount allocated to a State under sec-
tion 4101 for each fiscal year shall be used by the chief
executive officer of such State for drug and violence pre-
vention programs and activities in accordance with this
section.
‘‘(2) A chief executive officer shall use not less than
10 percent of the 20 percent of the total amount described
in paragraph (1) for each fiscal year for drug abuse resist-
ance education programs in accordance with subsection
(e).
‘‘(3) A chief executive officer may use no more than
five percent of the 20 percent of the total amount de-
scribed in paragraph (1) for the administrative costs in
453
curred in carrying out the duties of such officer under this
section.
‘‘(b) ADVISORY PANEL.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), a chief executive officer shall
establish an advisory panel in accordance with
this subsection for the purpose of developing a
plan for the use of funds reserved under sub-
section (a)(1).
‘‘(B) EXCEPTION.—The chief executive of-
ficer of a State shall be exempt from the re-
quirement under subparagraph (A) if such
State, on or before January 1, 1994, has estab-
lished an independent agency as described in
section 4103(a)(2)(A).
‘‘(2) PLAN.—The advisory panel established
under paragraph (1) shall develop a plan under
which—
‘‘(A) existing drug and violence prevention
programs, projects, and activities in the State
(including activities of the State educational
agency and local educational agencies and com-
munity-based organizations) that are deter-
mined by the panel to be successful are contin-
454
ued, or, where appropriate, coordinated with
new programs, projects, and activities estab-
lished and carried out with funds reserved
under subsection (a)(1); and
‘‘(B) technical assistance and training is
provided to local educational agencies, consortia
of such agencies, and partnerships consisting of
such agencies and community-based organiza-
tions, for drug and violence prevention, commu-
nity outreach, and mobilization and coordina-
tion of alcohol, tobacco, and other drug preven-
tion programming.
‘‘(3) MEETINGS.—The advisory panel shall
meet at least once every 2 years after the establish-
ment of the plan described in paragraph (2) for the
purpose of reviewing and evaluating the use of funds
under this section.
‘‘(4) MEMBERSHIP.—
‘‘(A) IN
GENERAL.—The advisory panel
shall consist of not less than 9 members, but
not more than 12 members, including the chief
executive officer of the State (or the designee of
such chief executive officer) and at least 1 indi-
vidual appointed by such chief executive officer
from each of the following categories:
455
‘‘(i) Parents.
‘‘(ii) Students.
‘‘(iii) Chief state school officers (or
their designees).
‘‘(iv) School administrators or teach-
ers.
‘‘(v) 
Substance 
abuse 
prevention
workers or administrators.
‘‘(vi) Community-based providers.
‘‘(vii) Law enforcement officers or dis-
trict attorneys.
‘‘(viii) Mayors, city councilpersons, or
county commissioners.
‘‘(B) POLITICAL AFFILIATION.—Not more
than 1⁄2 of the members of the advisory panel
may be of the same political party.
‘‘(C) COMPENSATION.—Members of the
advisory panel shall serve without pay.
‘‘(5) ADMINISTRATIVE EXPENSES.—The admin-
istrative expenses of the advisory panel shall be paid
for from the State administrative funds under sub-
section (a)(2).
‘‘(c) PROGRAMS AUTHORIZED.—(1) A chief executive
officer shall use funds reserved under subsection (a)(1) for
grants to or contracts with parent groups, community ac-
456
tion and job training agencies, community-based organiza-
tions, and other public entities and private nonprofit orga-
nizations. Such grants or contracts shall support pro-
grams and activities described in subsection (d) for chil-
dren and youth who are not normally served by State or
local educational agencies, for populations that need spe-
cial services or additional resources (such as preschoolers,
youth in juvenile detention facilities, runaway or homeless
children and youth, and dropouts), or both.
‘‘(2) Grants or contracts awarded under this sub-
section shall be subject to a peer review process.
‘‘(d) AUTHORIZED ACTIVITIES.—Grants and con-
tracts under subsection (c) shall be used for programs and
activities such as—
‘‘(1) disseminating information about drug and
violence prevention;
‘‘(2) training parents, law enforcement officials,
judicial officials, social service providers, health serv-
ice providers and community leaders about drug and
violence prevention, education, early intervention,
counseling, or rehabilitation referral;
‘‘(3) developing and implementing comprehen-
sive, community-based drug and violence prevention
programs that link community resources with
schools and integrate services involving education,
457
vocational and job skills training, law enforcement,
health, mental health, and other appropriate serv-
ices;
‘‘(4) planning and implementing drug and vio-
lence prevention activities that coordinate the efforts
of State agencies with those of the State educational
agency and its local educational agencies;
‘‘(5) activities to protect students traveling to
and from school;
‘‘(6) developing and implementing strategies to
prevent illegal gang activity;
‘‘(7) coordinating and conducting community-
wide violence and safety assessments and surveys;
and
‘‘(8) evaluating programs and activities under
this section.
‘‘(e) DRUG ABUSE RESISTANCE EDUCATION PRO-
GRAMS.—(1) A chief executive officer shall use funds re-
served under subsection (a)(2) for grants to local edu-
cational agencies in consortium with entities which have
experience in assisting school districts to provide instruc-
tion to students grades kindergarten through 6 to recog-
nize and resist pressures that influence such students to
use controlled substances, as defined in Schedules I and
II of section 202 of the Controlled Substances Act the pos-
458
session or distribution of which is unlawful under such
Act, or beverage alcohol, such as Project Drug Abuse Re-
sistance Education, that meet the requirements of para-
graph (2).
‘‘(2) A local educational agency in consortium with
an entity shall not be eligible for a grant under paragraph
(1) unless such local educational agency in consortium
with an entity will use assistance provided under such
grant to provide or arrange for the provision of services
that shall include—
‘‘(A) drug abuse resistance education instruc-
tion for students grades kindergarten through 6 that
is designed to teach students to recognize and resist
pressures to experiment that influence such children
to use controlled substances, as defined under para-
graph (1), or beverage alcohol, including instruction
in the following areas—
‘‘(i) drug use and misuse;
‘‘(ii) understanding the consequences of
drug abuse;
‘‘(iii) resistance techniques;
‘‘(iv) assertive response styles;
‘‘(v) managing stress without taking drugs;
‘‘(vi) decisionmaking and risk taking;
‘‘(vii) media influences on drug use;
459
‘‘(viii) positive alternatives to drug abuse
behavior;
‘‘(ix) interpersonal and communication
skills;
‘‘(x) self-esteem building activities; and
‘‘(xi) resistance to peer pressure and gang
pressures;
‘‘(B) provisions for parental involvement;
‘‘(C) classroom instruction by uniformed law
enforcement officials;
‘‘(D) the use of positive student leaders to in-
fluence younger students not to use drugs;
‘‘(E) an emphasis on activity-oriented tech-
niques designed to encourage student-generated re-
sponses to problem-solving situations; and
‘‘(F) the awarding of a certificate of achieve-
ment to each student who participates in a drug
abuse resistance education program.
‘‘(3) Amounts received under paragraph (1) by any
local educational agency or entity shall be used only to
supplement, not to supplant, the amount of Federal,
State, and local funds expended for the support of projects
of the type described in paragraph (2).
460
‘‘SEC. 4104. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—(1) In order to be eligible to re-
ceive an allocation under section 4103(d) for any fiscal
year, a local educational agency shall submit, at such time
as the State educational agency requires, an application
to the State educational agency for approval. Such an ap-
plication shall be amended, as necessary, to reflect
changes in the local educational agency’s program.
‘‘(2)(A) A local educational agency shall develop its
application under subsection (a)(1) in consultation with
a local or substate regional advisory council that includes,
to the extent possible, representatives of local government,
business, parents, students, teachers, appropriate state
agencies, private schools, the medical profession, law en-
forcement, community-based organizations, and other
groups with interest and expertise in drug and violence
prevention.
‘‘(B) In addition to assisting the local educational
agency to develop its application under this section, the
advisory council established or designated under para-
graph (2)(A) shall, on an on-going basis—
‘‘(i) disseminate information about drug and vi-
olence prevention programs, projects, and activities
conducted within the boundaries of the local edu-
cational agency;
461
‘‘(ii) advise the local educational agency on how
best to coordinate its activities under this part with
other related programs, projects, and activities, in-
cluding community service and service learning
projects, and the agencies that administer them; and
‘‘(iii) review program evaluations and other rel-
evant material and make recommendations to the
local educational agency on how to improve its drug
and violence prevention programs.
‘‘(b) CONTENTS OF APPLICATIONS.—An application
under this section shall contain—
‘‘(1) an assessment of the current use (and con-
sequences of such use) of alcohol, tobacco, and con-
trolled, illegal, addictive or harmful substances as
well as the violence, safety, and discipline problems
among students who attend the schools of the appli-
cant (including private school students who partici-
pate in the applicant’s drug and violence prevention
program) that is based on ongoing local assessment
or evaluation activities;
‘‘(2) a detailed explanation of the local edu-
cational agency’s comprehensive plan for drug and
violence prevention, which shall include a description
of—
462
‘‘(A) how that plan is consistent with, and
promotes the goals in, the State’s application
under section 4102 and the local educational
agency’s plan, either approved or being devel-
oped, under title III of the Goals 2000: Educate
America Act, or, if the local educational agency
does not have such an approved plan and is not
developing one, its plan under section 1112 of
this Act;
‘‘(B) the local educational agency’s meas-
urable goals for drug and violence prevention,
and a description of how it will assess and pub-
licly report progress toward attaining these
goals;
‘‘(C) the local educational agency’s com-
prehensive plan for programs to be carried out
under this part;
‘‘(D) how the local educational agency will
use 
its 
regular 
allocation 
under 
section
4103(d)(2)(A)(i)(I) and its supplemental alloca-
tion, if any, under section 4103(d)(2)(A)(i)(II);
‘‘(E) how the local educational agency will
coordinate its programs and projects with com-
munity-wide efforts to achieve its goals for drug
and violence prevention; and
463
‘‘(F) how the local education agency will
coordinate its programs and projects with other
Federal, State, and local programs for drug-
abuse prevention, including health programs;
and
‘‘(3) such other information and assurances as
the State educational agency may reasonably
require.
‘‘(c) REVIEW
OF APPLICATION.—(1) In reviewing
local applications under this section, a State educational
agency shall use a peer review process or other methods
of assuring the quality of such applications.
‘‘(2)(A) In determining whether to approve the appli-
cation of a local educational agency under this section, a
State educational agency shall consider the quality of the
local educational agency’s comprehensive plan under sub-
section (b)(2) and the extent to which it is consistent with,
and supports, the State’s application under section 4102
and the State’s plan under the Goals 2000: Educate
America Act, and, if the State does not have such a plan,
its plan under section 1111 of this Act.
‘‘(B) A State educational agency may disapprove a
local educational agency application under this section in
whole or in part and may withhold, limit, or place restric-
tions on the use of funds allotted to such a local edu-
464
cational agency in a manner the State educational agency
determines will best promote the purposes of this part or
the State’s plan under the Goals 2000: Educate America
Act, and, if the State does not have such a plan, its plan
under section 1111 of this Act, except that a local edu-
cational agency shall be afforded an opportunity to appeal
any such disapproval.
‘‘SEC. 4105. LOCAL DRUG AND VIOLENCE PREVENTION PRO-
GRAMS.
‘‘(a) PROGRAM REQUIREMENTS.—A local educational
agency shall use funds received under this part to adopt
and carry out a comprehensive drug and violence preven-
tion program which shall—
‘‘(1) be designed, for all students and employ-
ees, to—
‘‘(A) prevent the use, possession, and dis-
tribution of tobacco, alcohol and illegal drugs by
students and to prevent the illegal use, posses-
sion, and distribution of such substances by em-
ployees;
‘‘(B) prevent violence and promote school
safety; and
‘‘(C) create a disciplined environment con-
ducive to learning; and
465
‘‘(2) include activities to promote the involve-
ment of parents and coordination with community
groups and agencies, including the distribution of in-
formation about the local educational agency’s needs
assessments, goals, and programs under this part.
‘‘(b) AUTHORIZED ACTIVITIES.—A comprehensive
drug and violence prevention program carried out under
this part may include—
‘‘(1) age-appropriate, developmentally based
drug prevention and education programs for all stu-
dents, from the preschool level through grade 12,
that address the legal, social, personal and health
consequences of the use of illegal drugs, promote a
sense of individual responsibility, and provide infor-
mation about effective techniques for resisting peer
pressure to use illegal drugs;
‘‘(2) programs of drug prevention, comprehen-
sive health education, early intervention, counseling,
mentoring, or rehabilitation referral, which empha-
size students’ sense of individual responsibility and
which may include—
‘‘(A) the dissemination of information
about drug prevention;
‘‘(B) the professional development of
school personnel, parents, students, law enforce-
466
ment officials, judicial officials, health service
providers and community leaders in prevention,
education, early intervention, counseling or re-
habilitation referral;
‘‘(C) the implementation of strategies, in-
cluding strategies to integrate the delivery of
services from a variety of providers, to combat
illegal alcohol and other drug use, such as—
‘‘(i) family counseling;
‘‘(ii) early intervention activities that
prevent family dysfunction, enhance school
performance, and boost attachment to
school and family; and
‘‘(iii) activities, such as community
service and service-learning projects, that
are designed to increase students’ sense of
community;
‘‘(3) age-appropriate, developmentally based vi-
olence prevention and education programs for all
students, from the preschool level through grade 12,
that address the legal, health, personal, and social
consequences of violent and disruptive behavior, in-
cluding sexual harassment, and that include activi-
ties designed to help students develop a sense of in-
468
‘‘(D) 
comprehensive, 
community-wide
strategies to prevent or reduce illegal gang ac-
tivities;
‘‘(5) subject to the requirements of the matter
following paragraph (8), not more than one half of
the cost of—
‘‘(A) minor remodeling to promote security
and reduce the risk of violence, such as remov-
ing lockers, installing better lights, and upgrad-
ing locks; and
‘‘(B) acquiring and installing metal detec-
tors and hiring security personnel;
‘‘(6) the promotion of before-and-after school
recreational, instructional, cultural, and artistic pro-
grams in supervised community settings;
‘‘(7) drug abuse resistance education programs,
designed to teach students to recognize and resist
pressures to use alcohol or other drugs, which may
include activities such as classroom instruction by
uniformed law enforcement officers, resistance tech-
niques, resistance to peer pressure and gang pres-
sure, and provision for parental involvement; and
‘‘(8) the evaluation of any of the activities au-
thorized under this subsection.
469
A local educational agency may use no more than 33 per-
cent of the funds it receives under this part for any fiscal
year for the activities described in paragraph (5). Local
educational agencies may use funds obtained under this
part to pay the costs of programs and activities complying
with the requirements of this section that are carried out
by student organizations.
‘‘(c) ADMINISTRATIVE PROVISIONS.—Notwithstand-
ing any other provisions of law, any funds expended prior
to July 1, 1995, under part B of the Drug-Free Schools
and Communities Act of 1986 (as in effect prior to enact-
ment of the Improving America’s Schools Act) for the sup-
port of a comprehensive school health program shall be
deemed to have been authorized by part B of such Act.
‘‘SEC. 4106. EVALUATION AND REPORTING.
‘‘(a) NATIONAL IMPACT EVALUATION.—The Sec-
retary, in consultation with the Secretary of Health and
Human Services, the Director of the Office of National
Drug Control Policy, and the Attorney General, shall con-
duct an independent biennial evaluation of the national
impact of programs under this part and submit a report
of the findings of such evaluation to the President and
the Congress.
470
‘‘(b) STATE REPORT.—(1) By October 1, 1997, and
every third year thereafter, the State educational agency
shall submit to the Secretary a report—
‘‘(A) on the implementation and outcomes of
State programs under section 4103(b) and local pro-
grams under section 4103(d), as well as an assess-
ment of their effectiveness; and
‘‘(B) on the State’s progress toward attaining
its goals for drug and violence prevention under sec-
tion 4103(b)(1).
‘‘(2) The report required by this subsection shall be—
‘‘(A) in the form specified by the Secretary;
‘‘(B) based on the State’s on-going evaluation
activities, and shall include data on the prevalence of
drug use and violence by youth in schools and com-
munities; and
‘‘(C) made readily available to the public.
‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each
local educational agency receiving funds under this sub-
part shall submit to the State educational agency whatever
information, and at whatever intervals, the State requires
to complete the State report required by subsection (b),
including information on the prevalence of drug use and
violence by youth in the schools and the community. Such
information shall be made readily available to the public.
471
‘‘PART B—NATIONAL PROGRAMS
‘‘SEC. 4201. FEDERAL ACTIVITIES.
‘‘(a) PROGRAM AUTHORIZED.—From funds appro-
priated under section 4004(a)(2), the Secretary of Edu-
cation, in consultation with the Secretary of Health and
Human Services, the Director of the Office of National
Drug Control Policy, and the Attorney General, shall
carry out programs to prevent the illegal use of drugs and
violence among, and promote safety and discipline for, stu-
dents at all educational levels, preschool through post-
secondary. The Secretary shall carry out such programs
directly, or through grants, contracts, or cooperative
agreements with public and private organizations and indi-
viduals, or through agreements with other Federal agen-
cies, and shall coordinate such programs with other appro-
priate Federal activities. Such programs may include—
‘‘(1) the development and demonstration of in-
novative strategies for training school personnel,
parents, and members of the community, including
the demonstration of model preservice training pro-
grams for prospective school personnel;
‘‘(2) demonstrations and rigorous evaluations of
innovative approaches to drug and violence preven-
tion that are carried out in cooperation with other
Federal agencies, including the Department of
Health and Human Services, the Department of
472
Justice, the Department of Housing and Urban De-
velopment, and the Department of Labor;
‘‘(3) the provision of information on drug abuse
education and prevention to the Secretary of Health
and Human Services for dissemination by the clear-
inghouse for alcohol and drug abuse information es-
tablished under section 509 of the Public Health
Service Act;
‘‘(4) the development, dissemination, and imple-
mentation of model programs and strategies to pro-
mote the safety of students attending institutions of
higher education by preventing violent behavior and
the illegal use of alcohol and other drugs by such
students;
‘‘(5) the development of curricula related to
child abuse prevention and education and the train-
ing of personnel to teach child abuse education and
prevention to elementary and secondary school chil-
dren;
‘‘(6) program evaluations that address issues
not addressed under section 4106(a);
‘‘(7) direct services to schools and school sys-
tems afflicted with especially severe drug and vio-
lence problems;
473
‘‘(8) activities in communities designated as
empowerment zones or enterprise communities that
will connect schools to community-wide efforts to re-
duce drug and violence problems;
‘‘(9) developing and disseminating drug and vi-
olence prevention materials, including video-based
projects and model curricula;
‘‘(10) developing and implementing a com-
prehensive violence prevention strategy for schools
and communities, that may include conflict resolu-
tion, peer mediation, the teaching of law and legal
concepts, and other activities designed to stop vio-
lence;
‘‘(11) the implementation of innovative activi-
ties, such as community service projects, designed to
rebuild safe and healthy neighborhoods and increase
students’ sense of individual responsibility;
‘‘(12) other activities that meet unmet national
needs related to the purposes of this title; and
‘‘(13) grants to noncommercial telecommuni-
cations entities for the production and distribution
of national video-based projects that provide young
people with models for conflict resolution and re-
sponsible decisionmaking.
474
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for funds under
this section.
‘‘SEC. 4202. PROGRAMS FOR NATIVE HAWAIIANS.
‘‘(a) GENERAL AUTHORITY.—From the funds re-
served pursuant to section 4101(a)(3), the Secretary shall
make grants to or enter into cooperative agreements or
contracts with organizations primarily serving and rep-
resenting Native Hawaiians which are recognized by the
Governor of the State of Hawaii to plan, conduct, and ad-
minister programs, or portions thereof, which are author-
ized by and consistent with the provisions of this for the
benefit of Native Hawaiians.
‘‘(b) DEFINITION OF ‘NATIVE HAWAIIAN’.—For the
purposes of this section, the term ‘Native Hawaiian’
means any individual any of whose ancestors were natives,
prior to 1778, of the area which now comprises the State
of Hawaii.
‘‘SEC. 4203. HATE CRIME PREVENTION.
‘‘(a) GRANT AUTHORIZATION.—The Secretary of
Education may make grants to local educational agencies
and community-based organizations for the purpose of
providing assistance to localities most directly affected by
hate crimes.
‘‘(b) USE OF FUNDS.—
475
‘‘(1) PROGRAM DEVELOPMENT.—Grants under
this section may be used to improve elementary and
secondary educational efforts, including—
‘‘(A) development of education and train-
ing programs designed to prevent and to reduce
the incidence of crimes and conflicts motivated
by hate;
‘‘(B) development of curricula for the pur-
pose of improving conflict or dispute resolution
skills of students, teachers, and administrators;
‘‘(C) development and acquisition of equip-
ment and instructional materials to meet the
needs of, or otherwise be part of, hate crime or
conflict programs; and
‘‘(D) professional training and develop-
ment for teachers and administrators on the
causes, effects, and resolutions of hate crimes
or hate-based conflicts.
‘‘(2) IN GENERAL.—In order to be eligible to
receive a grant under this section for any fiscal year,
a local educational agency or a local educational
agency in conjunction with a community-based orga-
nization shall submit an application to the Secretary
in such form and containing such information as the
office may reasonably require.
476
‘‘(3) REQUIREMENTS.—Each application under
subsection (a) shall include—
‘‘(A) a request for funds for the purposes
described in this section;
‘‘(B) a description of the schools and com-
munities to be served by the grants; and
‘‘(C) assurances that Federal funds re-
ceived under this section shall be used to sup-
plement, not supplant, non-Federal funds.
‘‘(4) COMPREHENSIVE PLAN.—Each application
shall include a comprehensive plan that contains—
‘‘(A) a description of the hate crime or
conflict problems within the schools or the com-
munity targeted for assistance;
‘‘(B) a description of the program to be
developed or augmented by these Federal and
matching funds;
‘‘(C) assurances that such program or ac-
tivity shall be administered by or under the su-
pervision of the applicant;
‘‘(D) proper and efficient administration of
such program; and
‘‘(E) fiscal control and fund accounting
procedures as may be necessary to ensure pru-
477
dent use, proper disbursement, and accurate ac-
counting of funds received under this section.
‘‘(c) ALLOCATION OF FUNDS.—From the funds au-
thorized under this part, the Secretary of Education may
carry out programs under this section.
‘‘(d) AWARD OF GRANTS.—
‘‘(1) SELECTION
OF
RECIPIENTS.—The Sec-
retary shall consider the incidence of crimes and
conflicts motivated by bias in the targeted schools
and communities in awarding grants under this
section.
‘‘(2) GEOGRAPHIC
DISTRIBUTION.—The Sec-
retary shall attempt, to the extent practicable, to
achieve an equitable geographic distribution of grant
awards.
‘‘(3) DISSEMINATION
OF
INFORMATION.—The
Secretary shall attempt, to the extent practicable, to
make available information regarding successful hate
crime prevention programs, including programs es-
tablished or expanded with grants under this section.
‘‘(e) REPORTS.—The Secretary shall submit to the
Congress a report every 2 years which shall contain a de-
tailed statement regarding grants and awards, activities
of grant recipients and an evaluation of programs estab-
lished under this section.
478
‘‘(f) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) the term ‘hate crime’ means a crime as de-
fined by the Hate Crime Satistics Act of 1990;
‘‘(2) the term ‘local educational agency’ means
a public board of education or other public authority
legally constituted within a State for either adminis-
trative control or direction of, or to perform a serv-
ice function for, public elementary and secondary
schools in a city, county, township, school district, or
other political subdivision of a State, or such com-
bination of school districts or counties as are recog-
nized in a State as an administrative agency for its
public elementary and secondary schools and in-
cludes any other public institution or agency having
administrative control and direction of a public ele-
mentary or secondary school; and
‘‘(3) the term ‘community-based organization’
means a private nonprofit organization which is rep-
resentative of a community or significant segments
of a community and which provides educational or
related services to individuals in the community.
479
‘‘PART C—GENERAL PROVISIONS
‘‘SEC. 4301. DEFINITIONS.
‘‘For the purposes of this title, the following terms
have the following meanings:
‘‘(1) The term ‘drug and violence prevention’
means—
‘‘(A) with respect to drugs, prevention,
early intervention, rehabilitation referral, or
education related to the illegal use of alcohol,
the use of tobacco and the use of controlled, il-
legal, addictive, or harmful substances, includ-
ing inhalants and anabolic steroids; and
‘‘(B) with respect to violence, the pro-
motion of school safety, such that students and
school personnel are free from violent and dis-
ruptive acts, including sexual harassment, on
school premises, going to and from school, and
at school-sponsored activities, through the cre-
ation and maintenance of a school environment
that is free of weapons and fosters individual
responsibility and respect for the rights of
others.
‘‘(2) The term ‘nonprofit’, as applied to a
school, agency, organization, or institution means a
school, agency, organization, or institution owned
and operated by one or more nonprofit corporations
480
or associations, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
‘‘(3) The term ‘school-aged population’ means
the population aged five through 17, inclusive, as de-
termined by the Secretary on the basis of the most
recent satisfactory data available from the Depart-
ment of Commerce.
‘‘(4) The term ‘school personnel’ includes teach-
ers, administrators, guidance counselors, social
workers, psychologists, nurses, librarians, and other
support staff who are employed by a school or who
perform services for the school on a contractual
basis.
‘‘SEC. 4302. MATERIALS.
‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre-
vention programs supported under this title shall convey
a clear and consistent message that the illegal use of alco-
hol and other drugs is wrong and harmful.
‘‘(b) CURRICULUM.—The Secretary shall not pre-
scribe the use of specific curricula for programs supported
under this title, but may evaluate the effectiveness of such
curricula and other strategies in drug and violence preven-
tion.
481
‘‘SEC. 4303. PROHIBITED USES OF FUNDS.
‘‘No funds under this title may be used for—
‘‘(1) construction (except for minor remodeling
needed to accomplish the purposes of this title);
‘‘(2) drug treatment or rehabilitation; and
‘‘(3) psychiatric, psychological, or other medical
treatment or rehabilitation, other than school-based
counseling for students or school personnel who are
victims or witnesses of school-related crime.
‘‘SEC. 4304. CERTIFICATION OF DRUG AND ALCOHOL ABUSE
PREVENTION PROGRAMS.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law other than section 432 of the General Edu-
cation Provisions Act and section 103(b) of the Depart-
ment of Education Organization Act, no local educational
agency shall be eligible to receive funds or any other form
of financial assistance under any Federal program unless
it certifies to the State educational agency that it has
adopted and has implemented a program to prevent the
use of illicit drugs and alcohol by students or employees
that, at a minimum, includes—
‘‘(1) age-appropriate, developmentally based
drug and alcohol education and prevention programs
(which address the legal, social, and health con-
sequences of drug and alcohol use and which provide
information about effective techniques for resisting
482
peer pressure to use illicit drugs or alcohol) for stu-
dents in all grades of the schools operated or served
by the applicant, from early childhood level through
grade 12;
‘‘(2) conveying to students that the use of illicit
drugs and the unlawful possession and use of alcohol
is wrong and harmful;
‘‘(3) standards of conduct that are applicable to
students and employees in all the applicant’s schools
and that clearly prohibit, at a minimum, the unlaw-
ful possession, use, or distribution of illicit drugs
and alcohol by students and employees on school
premises or as part of any of its activities;
‘‘(4) a clear statement that sanctions (consist-
ent with local, State, and Federal law), up to and
including expulsion or termination of employment
and referral for prosecution, will be imposed on stu-
dents and employees who violate the standards of
conduct required by paragraph (3) and a description
of those sanctions;
‘‘(5) information about any available drug and
alcohol counseling and rehabilitation and re-entry
programs that are available to students and employ-
ees;
483
‘‘(6) a requirement that parents, students, and
employees be given a copy of the standards of con-
duct required by paragraph (3) and the statement of
sanctions required by paragraph (4);
‘‘(7) notifying parents, students, and employees
that compliance with the standards of conduct re-
quired by paragraph (3) is mandatory; and
‘‘(8) a biennial review by the applicant of its
program to—
‘‘(A) determine its effectiveness and imple-
ment changes to the program if they are need-
ed; and
‘‘(B) ensure that the sanctions required by
paragraph (4) are consistently enforced.
‘‘(b) DISSEMINATION OF INFORMATION.—Each local
educational agency that provides the certification required
by subsection (a) shall, upon request, make available to
the Secretary, the State educational agency, and to the
public full information about the elements of its program
required by subsection (a), including the results of its
biennial review.
‘‘(c) CERTIFICATION TO SECRETARY.—Each State
educational agency shall certify to the Secretary that it
has adopted and has implemented a program to prevent
the use of illicit drugs and the abuse of alcohol by its stu-
484
dents and employees that is consistent with the program
required by subsection (a) of this section. The State edu-
cational agency shall, upon request, make available to the
Secretary and to the public full information about the ele-
ments of its program.
‘‘(d) REGULATIONS.—(1) The Secretary shall publish
regulations to implement and enforce the provisions of this
section, including regulations that provide for—
‘‘(A) the periodic review by State educational
agencies of a representative sample of programs re-
quired by subsection (a); and
‘‘(B) a range of responses and sanctions for
local educational agencies that fail to implement
their programs or to consistently enforce their sanc-
tions, including information and technical assistance,
the development of a compliance agreement, and the
termination of any form of Federal financial assist-
ance.
‘‘(2) The sanctions required by subsection (a)(1)(4)
may include the completion of an appropriate rehabilita-
tion program.
‘‘(e) APPEAL REGARDING TERMINATION OF ASSIST-
ANCE.—Upon a determination by the Secretary to termi-
nate financial assistance to any local educational agency
under this section, the agency may file an appeal with an
485
administrative law judge before the expiration of the 30-
day period beginning on the date such agency is notified
of the decision to terminate financial assistance under this
section. Such judge shall hold a hearing with respect to
such termination of assistance before the expiration of the
45-day period beginning on the date that such appeal is
filed. Such judge may extend such 45-day period upon a
motion by the agency concerned. The decision of the judge
with respect to such termination shall be considered to be
a final agency action.’’.
‘‘TITLE V—PROMOTING EQUITY
‘‘PART A—MAGNET SCHOOLS ASSISTANCE
‘‘SEC. 5101. FINDINGS.
‘‘The Congress finds that—
‘‘(1) magnet schools are a significant part of
our Nation’s effort to achieve voluntary desegrega-
tion in its schools;
‘‘(2) the use of magnet schools has increased
dramatically since enactment of the magnet pro-
gram, with approximately 1.4 million students na-
tionwide now attending such schools, of which more
than 60 percent of the students are nonwhite;
‘‘(3) magnet schools offer a wide range of dis-
tinctive programs that have served as models for
school improvement efforts;
486
‘‘(4) in administering this 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 magnet students from other
students in the school;
‘‘(B) local educational agencies can maxi-
mize their effectiveness in achieving the pur-
poses of this program if they have more flexibil-
ity 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 skim off only the highest achieving
students to attend the magnet schools;
‘‘(D) local educational agencies must seek
to enable participation in magnet school pro-
grams by students who reside in the neighbor-
hoods where the programs are placed; and
‘‘(E) in order to ensure that magnet
schools are sustained after Federal funding
ends, the Federal Government must assist local
educational agencies to improve their capacity
487
to continue to operate magnet schools at a high
level of performance;
‘‘(5) it is in the best interest of the Federal
Government to—
‘‘(A) continue its support of local edu-
cational agencies implementing court-ordered
desegregation plans and local educational agen-
cies seeking to foster meaningful interaction
among students of different racial and ethnic
backgrounds beginning at the earliest stage of
their education;
‘‘(B) ensure that all students have equi-
table access to quality education that will pre-
pare them to function well in a culturally di-
verse, technologically-oriented, and highly com-
petitive global community; and
‘‘(C) maximize the ability of local edu-
cational agencies to plan, develop, implement
and continue new and innovative programs in
magnet schools that contribute to State and
local systemic reform.
‘‘SEC. 5102. STATEMENT OF PURPOSE.
‘‘The purpose of this part is to assist in the desegre-
gation of local educational agencies by providing financial
assistance to eligible local educational agencies for—
488
‘‘(1) the elimination, reduction, or prevention of
minority group isolation in elementary and second-
ary schools with substantial proportions of minority
students;
‘‘(2) the development and implementation of
magnet school projects that will assist local edu-
cational agencies in achieving systemic reforms and
providing all students the opportunity to meet chal-
lenging State performance standards;
‘‘(3) the development and design of innovative
educational methods and practices; 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 skills of students attend-
ing such schools.
‘‘SEC. 5103. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized, in accordance with this
part, to make grants to eligible local educational agencies
for use in magnet schools that are part of an approved
desegregation plan and that are designed to bring students
from different social, economic, ethnic, and racial back-
grounds together.
489
‘‘SEC. 5104. DEFINITION.
‘‘For the purpose of this part, the term ‘magnet
school’ means a school or education center that offers a
special curriculum capable of attracting substantial num-
bers of students of different racial backgrounds.
‘‘SEC. 5105. ELIGIBILITY.
‘‘A local educational agency is eligible to receive as-
sistance under this part if it—
‘‘(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, and that
requires 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 it under this part, adopt and im-
plement a plan that has been approved by the Sec-
retary as adequate under title VI of the Civil Rights
Act of 1964 for the desegregation of minority-group-
segregated children or faculty in such schools.
‘‘SEC. 5106. APPLICATIONS AND REQUIREMENTS.
‘‘(a) APPLICATIONS.—An eligible local educational
agency desiring to receive assistance under this part shall
submit an application to the Secretary at such time, in
490
such manner, and containing such information and assur-
ances as the Secretary may require.
‘‘(b) INFORMATION AND ASSURANCES.—An applica-
tion under this part 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) the manner in which an applicant will
continue the magnet school project after assist-
ance under this part is no longer available, in-
cluding, if applicable, an explanation of whether
successful magnet schools established or sup-
ported by the applicant with funds under this
part have been continued without the use of
funds under this part;
‘‘(D) how funds under this part will be
used to implement services and activities that
491
are consistent with the State’s and local edu-
cational agency’s systemic reform plan, if any,
under title III of the Goals 2000: Educate
America Act; 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 5103;
‘‘(B) employ teachers in the courses of in-
struction assisted under this part who are cer-
tified or licensed by the State to teach the sub-
ject matter of the courses of instruction;
‘‘(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;
‘‘(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
492
‘‘(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 places in
those projects.
‘‘(c) SPECIAL RULE.—No application may be ap-
proved under this section unless the Assistant Secretary
of Education for Civil Rights determines that the assur-
ances described in subsection (b)(2)(C) will be met.
‘‘SEC. 5107. PRIORITY.
‘‘In approving applications under this part, the Sec-
retary shall give priority to applicants that—
‘‘(1) have the greatest need for assistance,
based on the expense or difficulty of effectively car-
rying out an approved desegragation 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;
493
‘‘(3) propose to select students to attend mag-
net school projects by methods such as lottery, rath-
er than through academic examination;
‘‘(4) propose to implement innovative edu-
cational approaches that are consistent with the
State’s and local educational agency’s approved sys-
temic reform plans, if any, under title III of the
Goals 2000: Educate America Act; and
‘‘(5) propose to draw on comprehensive commu-
nity involvement plans.
‘‘SEC. 5108. USE OF FUNDS.
‘‘(a) USE OF FUNDS.—Grants made under this part
may be used by eligible local educational 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 of, or subsidization of the
compensation of, elementary and secondary school
teachers who are certified or licensed by the State
494
and who are necessary to conduct programs in mag-
net schools; and
‘‘(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
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.
‘‘(b) SPECIAL RULE.—With respect to subsections
(a) (2) and (3), such grants may be used by eligible local
educational agencies for such activities only if such activi-
ties are directly related to improving the students’ reading
skills or their knowledge of mathematics, science, history,
geography, English, foreign languages, art, or music, or
to improving vocational skills.
‘‘SEC. 5109. PROHIBITIONS.
‘‘Grants under this part may not be used for trans-
portation, or for any activity that does not augment aca-
demic improvement.
‘‘SEC. 5110. LIMITATION ON PAYMENTS.
‘‘(a) DURATION OF AWARDS.—Awards made under
this part shall not exceed 3 years.
495
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local
educational agency may expend for planning up to 50 per-
cent of the funds received under this part for the first
year of the project, 15 percent for the second year of the
project, and up to 10 percent for the third year of the
project.
‘‘(c) LIMITATION ON GRANTS.—A local educational
agency shall not receive more than $4,000,000 under this
part in any one grant cycle.
‘‘(d) AWARD REQUIREMENT.—To the extent prac-
ticable, for any fiscal year, the Secretary shall award
grants to local educational agencies under this part no
later than June 1 of the applicable fiscal year.
‘‘SEC. 5111. AUTHORIZATION OF APPROPRIATIONS; RES-
ERVATION.
‘‘(a) AUTHORIZATION.—For the purpose of carrying
out this part, there are authorized to be appropriated
$120,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
‘‘(b) AVAILABILITY
OF FUNDS
FOR GRANTS
TO
AGENCIES NOT PREVIOUSLY ASSISTED.—In any fiscal
year for which the amount appropriated pursuant to sub-
section (a) exceeds $75,000,000, the Secretary shall, with
respect to such excess amount, give priority to grants to
496
local educational agencies that did not receive a grant
under this part in the last fiscal year of the funding cycle
prior to the fiscal year for which the determination is
made.
‘‘(c) EVALUATIONS.—The Secretary may reserve not
more than 2 percent of the funds appropriated under sub-
section (a) for any fiscal year to carry out evaluations of
projects under this part.
‘‘PART B—WOMEN’S EDUCATIONAL EQUITY ACT
‘‘SEC. 5201. FINDINGS AND STATEMENT OF PURPOSE.
‘‘(a) FINDINGS.—The Congress finds and declares
that—
‘‘(1) educational programs in the United States
are frequently inequitable as such programs relate to
women and girls;
‘‘(2) such inequities limit the full participation
of all individuals in American society; and
‘‘(3) efforts to improve the quality of public
education also must include efforts to ensure equal
access to quality education programs for all women
and girls.
‘‘(b) PURPOSE.—The purpose of this part is to pro-
vide gender equity in education in the United States; to
provide financial assistance to enable educational agencies
and institutions to meet the requirements of title IX of
497
the Educational Amendments of 1972; and to provide eq-
uity in education to women and girls who suffer multiple
forms of discrimination based on sex, race, ethnic origin,
limited English proficiency, disability, or age.
‘‘SEC. 5202. PROGRAMS AUTHORIZED.
‘‘The Secretary is authorized—
‘‘(1) to promote, coordinate and evaluate gen-
der equity policies, programs, activities and initia-
tives in all federal education program and offices;
‘‘(2) to develop, maintain, and disseminate ma-
terials, resources, analyses and research relating to
education equity for women and girls;
‘‘(3) to provide information and technical as-
sistance to assure the effective implementation of
gender equity programs;
‘‘(4) to coordinate gender equity programs and
activities with other federal agencies with jurisdic-
tion over education and related programs;
‘‘(5) to provide grants to develop model equity
programs;
‘‘(6) to provide funds for the implementation of
equity programs in schools throughout the Nation;
‘‘(7) to assist the Assistant Secretary of the Of-
fice of Educational Research and Improvement in
498
identifying research priorities related to education
equity for women and girls; and
‘‘(8) any other activities consistent with achiev-
ing the purposes of this part.
‘‘SEC. 5203. LOCAL IMPLEMENTATION GRANTS.
‘‘(a) AUTHORITY.—The Secretary is authorized to
make grants to, and enter into contracts with, public agen-
cies, private nonprofit agencies, organizations, and institu-
tions, including students and community groups, for ac-
tivities designed to achieve the purposes of this part at
all levels of education, including preschool, elementary and
secondary education, higher education, adult education
and vocational/technical education; for the establishment
and operation, for a period not to exceed four years, of
local programs to ensure—
‘‘(1) educational equity for women and girls;
‘‘(2) equal opportunities for both sexes; and
‘‘(3) to conduct activities incident to achieving
compliance with title IX of the Education Amend-
ments of 1972.
‘‘(b) GRANT PROGRAM.—Authorized activities under
subsection (a) may include—
‘‘(1) introduction into the curriculum and class-
room of curricula, textbooks, and other material de-
signed to achieve equity for women and girls;
499
‘‘(2) implementation of preservice and inservice
training with special emphasis on programs and ac-
tivities designed to provide educational equity for
women and girls;
‘‘(3) evaluation of promising or exemplary
model programs to assess their ability to improve
local efforts to advance educational equity for
women and girls;
(4) implementation of programs and policies to
address sexual harassment and violence against
women and girls and to ensure that educational in-
stitutions are free from threats to the safety of stu-
dents and personnel;
‘‘(5) implementation of guidance and counseling
activities, including career education program, de-
signed to ensure educational equity for women and
girls;
‘‘(6) implementation of nondiscriminatory tests
of aptitude and achievement and of alternative as-
sessments that eliminate biased assessment instru-
ments from use;
‘‘(7) implementation of programs to increase
educational opportunities, including higher edu-
cation, vocational training, and other educational
programs for low income women; including under-
500
employed and unemployed women and women receiv-
ing Aid to Families with Dependent Children bene-
fits;
‘‘(8) implementation of programs to improve
representation of women in educational administra-
tion at all levels; and
‘‘(9) planning, development and initial imple-
mentation of—
‘‘(A) comprehensive plans for implementa-
tion of equity programs in state and local edu-
cational agencies and institutions of higher edu-
cation; including community colleges;
‘‘(B) innovative approaches to school-com-
munity partnerships for educational equity; and
‘‘(C) innovative approaches to equity pro-
grams addressing combined bias, stereotyping,
and discrimination on the basis of sex and race,
ethnic origin, limited English proficiency, and
disability.
‘‘(c) APPLICATION; PARTICIPATION.—A grant may be
made, and a contract may be entered into, under this part
only upon application to the Secretary, at such time, in
such form, and containing or accompanied by such infor-
mation as the Secretary may prescribe. Each such applica-
tion shall—
501
‘‘(1) provide that the program or activity for
which assistance is sought will be administered by or
under the supervision of the applicant and in co-
operation with appropriate educational and commu-
nity leaders, including parent, teacher and student
organizations, 
educational 
institutions, 
business
leaders, 
community-based 
organizations 
serving
women, and other significant groups and individuals;
‘‘(2) describe a program for carrying out the
purpose set forth in section 5203(b) which holds
promise of making substantial contribution toward
attaining such purposes;
‘‘(3) describe plans for continuation and institu-
tionalization of the program with local support fol-
lowing completion of the grant period and termi-
nation of Federal support under this part; and
‘‘(4) establish policies and procedures which en-
sure adequate documentation and evaluation of the
activities intended to be carried out under the appli-
cation.
‘‘(d) CRITERIA; PRIORITIES; CATEGORIES OF COM-
PETITION.—The Secretary shall establish criteria, prior-
ities, and categories of competition for awards under this
part to ensure that available funds are used for those pur-
502
poses that most effectively will achieve the purposes of the
Act.
‘‘(1) The criteria shall address the extent to
which—
‘‘(A) the program addresses the needs of
women and girls of color and women and girls
with disabilities;
‘‘(B) the program meets locally defined
and documented educational equity needs and
priorities, including title IX compliance;
‘‘(C) the program is a significant compo-
nent of a comprehensive plan for educational
equity and title IX compliance in the particular
school district, institution of higher education,
vocational-technical institution, or other edu-
cational agency or institution; and
‘‘(D) the program implements an institu-
tional change strategy with long-term impact
and will continue as a central activity of the ap-
plicant agency or institution after the grant is
completed.
‘‘(2) The Secretary shall establish priorities,
one of which shall be a priority for compliance with
title IX of the Education Amendments of 1972. Not
more than 60 percent of funds available in each fis-
503
cal year shall be allocated to programs under the
priorities.
‘‘(3) To the extent feasible, the Secretary shall
establish 3 categories of competition, distinguishing
among three types of applicants and levels of edu-
cation that shall include—
‘‘(A) grants to local educational agencies,
state education agencies, and other agencies
and organizations providing elementary and
secondary education;
‘‘(B) grants to institutions of higher edu-
cation, including community colleges and other
agencies and organizations providing post-
secondary education, including vocational-tech-
nical education, adult education, and other pro-
grams; and
‘‘(C) grants to non-profit organizations, in-
cluding community-based organizations, groups
representing students, parents, and women, in-
cluding women and girls of color and women
and girls with disabilities.
‘‘(e) SPECIAL RULE.—To the extent feasible, the Sec-
retary shall ensure that the total of grants awarded each
year address—
504
‘‘(1) all levels of education, including preschool,
elementary and secondary education, higher edu-
cation, vocational education, and adult education;
‘‘(2) all regions of the United States, including
at least one grant in each of the ten Federal regions;
and
‘‘(3) urban, rural, and suburban educational
institutions.
‘‘SEC. 5204. RESEARCH AND DEVELOPMENT GRANTS.
‘‘(a) AUTHORITY.—The Secretary is authorized to
make grants to, and enter into contracts with, public agen-
cies, private nonprofit agencies, organizations, and institu-
tions, including students, and community groups, for ac-
tivities designed to achieve the purpose of this part at all
levels of education, including preschool, elementary and
secondary education, higher education, adult education
and vocational-technical education; to develop model poli-
cies and programs, and to conduct research to address and
ensure educational equities for women and girls, including
but not limited to—
‘‘(1) the development and evaluation of gender-
equitable curricula, textbooks, software, and other
educational material and technology;
‘‘(2) the development of model preservice and
inservice training programs for educational person-
505
nel with special emphasis on programs and activities
designed to provide educational equity;
‘‘(3) the development of guidance and counsel-
ing activities, including career education programs,
designed to ensure gender equity;
‘‘(4) the development and evaluation of non-
discriminatory assessment systems;
‘‘(5) the development of policies and programs
to address and prevent sexual harassment and vio-
lence to ensure that educational institutions are free
from threats to safety of students and personnel;
‘‘(6) the development and improvement of pro-
grams and activities to increase opportunity for
women, including continuing educational activities,
vocational education, and programs for low income
women; including underemployed and unemployed
women, and women receiving Aid to Families with
Dependent Children;
‘‘(7) the development of instruments and strate-
gies for program evaluation and dissemination of
promising or exemplary programs designed to im-
prove local efforts to achieve gender equity;
‘‘(8) the development of instruments and proce-
dures to assess the presence or absence of gender
equity in educational settings; and
506
‘‘(9) the development and evaluation of various
strategies to institutionalize gender equity in edu-
cation.
‘‘(b) APPLICATION.—A grant may be made, and a
contract may be entered into, under this part only upon
application to the Secretary, at such time, in such form,
and containing or accompanied by such information as the
Secretary may prescribe. Each such application shall—
‘‘(1) provide that the program or activity for
which assistance is sought will be administered by or
under the supervision of the applicant;
‘‘(2) describe a plan for carrying out 1 or more
research and development activities authorized in
paragraph (a) above, which holds promise of making
a substantial contribution toward attaining the pur-
poses of this Act; and
‘‘(3) set forth policies and procedures which in-
sure adequate documentation, data collection, and
evaluation of the activities intended to be carried out
under the application, including an evaluation or es-
timate of the potential for continued significance fol-
lowing completion of the grant period.
‘‘(c) CRITERIA AND PRIORITIES.—(1) The Secretary
shall establish criteria and priorities to ensure that avail-
507
able funds are used for programs that most effectively will
achieve the purposes of this part.
‘‘(2) The criteria and priorities shall be promulgated
in accordance with section 431 of the General Education
Provisions Act.
‘‘(3) In establishing priorities, one shall be programs
which address the educational needs of women and girls
who suffer multiple or compound discrimination based on
sex and on race, ethnic origin, disability, or age.
‘‘(d) SPECIAL RULE.—To the extent feasible, the
Secretary shall ensure that the total of grants awarded
each year address—
‘‘(1) all levels of education, including preschool,
elementary and secondary education, higher edu-
cation, vocational education, and adult education;
and
‘‘(2) all regions of the United States.
‘‘(e) COORDINATION.—Research activities supported
under this part—
‘‘(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 the Office; and
508
‘‘(2) may include collaborative research activi-
ties which are jointly funded and carried out by the
Office of Women’s Equity and the Office of Edu-
cational Research and Improvement.
‘‘(f) LIMITATION.—Nothing in this part shall be con-
strued as prohibiting men and boys from participating in
any programs or activities assisted under this part.
‘‘SEC. 5205. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated—
‘‘(1) for the purpose of carrying out the provi-
sions of section 5203, there are authorized to be ap-
propriated $3,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999; and
‘‘(2) for the purpose of carrying out the provi-
sions of section 5204, there are authorized to be ap-
propriated $2,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
‘‘TITLE VI—INDIAN EDUCATION
‘‘SEC. 6001. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
509
all American Indian and Alaska Native children and
adults—
‘‘(A) are based on high-quality, inter-
nationally competitive content and student per-
formance standards and build on Indian culture
and the Indian community;
‘‘(B) assist local educational agencies, In-
dian tribes, and others in providing Indian stu-
dents the opportunity to achieve those stand-
ards; and
‘‘(C) meet the special educational and cul-
turally related academic needs of American In-
dian and Alaska Native students;
‘‘(2) since enactment of the original Indian
Education Act in 1972, Indian parents have become
significantly more involved in the planning, develop-
ment, and implementation of educational programs
that affect them and their children, and schools
should continue to foster such involvement;
‘‘(3) although the numbers of Indian teachers,
administrators, and university professors have in-
creased since 1972, teacher training programs are
not recruiting, training, or retraining sufficient num-
bers of Indian persons as educators to meet the
needs of a growing Indian student population in ele-
510
mentary, secondary, vocational, adult, and higher
education;
‘‘(4) the dropout rate for Indian students is un-
acceptably high; for example, nine percent of Indian
students who were eighth graders in 1988 had al-
ready dropped out of school by 1990;
‘‘(5) from 1980 to 1990, the percentage of In-
dian persons living in poverty increased from 24 per-
cent to 31 percent, and the readiness of Indian chil-
dren to learn is hampered by the high incidence of
poverty, unemployment, and health problems among
Indian children and families; and
‘‘(6) research related specifically to the edu-
cation of Indian children and adults is very limited,
and much of it is poor in quality or focused on lim-
ited local or regional issues.
‘‘SEC. 6002. PURPOSE.
‘‘(a) PURPOSE.—It is the purpose of this title to sup-
port the efforts of local educational agencies, Indian tribes
and organizations, postsecondary institutions, and other
entities to meet the special educational and culturally re-
lated academic needs of American Indians and Alaska Na-
tives, so that they can achieve to the same challenging
State performance standards expected of all students.
511
‘‘(b) PROGRAMS AUTHORIZED.—This title carries out
the purpose described in subsection (a) by authorizing pro-
grams of direct assistance for—
‘‘(1) meeting the special educational and cul-
turally related academic needs of American Indians
and Alaska Natives;
‘‘(2) the education of Indian children and
adults;
‘‘(3) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
‘‘(4) research, evaluation, data collection, and
technical assistance.
‘‘PART A—FORMULA GRANTS TO LOCAL
EDUCATIONAL AGENCIES
‘‘SEC. 6101. PURPOSE.
‘‘It is the purpose of this part to support local edu-
cational agencies in their efforts to reform elementary and
secondary school programs that serve Indian students in
order to ensure that such programs—
‘‘(1) are based on challenging State content and
student performance standards that are used for all
students; and
512
‘‘(2) are designed to assist Indian students
meet those standards and assist the Nation in reach-
ing the National Education Goals.
‘‘SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘A local educational agency is eligible for a grant
under this part for any fiscal year if the number of Indian
children who were enrolled in the schools of the agency,
and to whom the agency provided free public education,
during the preceding fiscal year—
‘‘(1) was at least 20; or
‘‘(2) constituted not less than 25 percent of the
agency’s total enrollment.
‘‘SEC. 6103. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANTS.—(1) The Secretary is au-
thorized to allocate to each local educational agency which
has an approved application under this part an amount
equal to the product of—
‘‘(A) the number of Indian children described in
section 6106; and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure of
the State in which the agency is located; or
‘‘(ii) 80 percent of the average per-pupil
expenditure in the United States.
513
‘‘(2) The Secretary shall reduce the amount of each
allocation determined under paragraph (1) in accordance
with subsection (e) of this section.
‘‘(b) MINIMUM GRANT AMOUNT.—The Secretary
shall not make a grant to a local educational agency if
the amount determined under subsection (a) is less than
$4,000, except that the Secretary may make a grant to
a consortium of local educational agencies, one or more
of which does not qualify for such a minimum award, if—
‘‘(1) the total amount so determined for such
agencies is not less than $4,000;
‘‘(2) such agencies, in the aggregate, meet the
eligibility requirement of either section 6102(1) or
6102(2); and
‘‘(3) the Secretary determines that such a grant
would be effectively used to carry out the purpose of
this part.
‘‘(c) DEFINITION.—For the purpose of this section,
the average per-pupil expenditure of a State is determined
by dividing—
‘‘(1) the aggregate current expenditures of all
the local educational agencies in the State, plus any
direct current expenditures by the State for the op-
eration of such agencies, without regard to the
sources of funds from which such local or State ex-
514
penditures were made, during the second fiscal year
preceding the fiscal year for which the computation
is made; by
‘‘(2) the aggregate number of children who
were in average daily attendance for whom such
agencies provided free public education during such
preceding fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE
BUREAU OF INDIAN AFFAIRS.—(1) In addition to the
grants determined under subsection (a), the Secretary
shall allocate to the Secretary of the Interior an amount
equal to the product of—
‘‘(A) the total number of Indian children en-
rolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe under
a contract with, or grant from, the Department
of the Interior under the Indian Self-Deter-
mination Act (25 U.S.C. 450f et seq.) or the
Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.); and
‘‘(B) the greater of—
515
‘‘(i) the average per-pupil expenditure of
the State in which the school is located; or
‘‘(ii) 80 percent of the average per-pupil
expenditure in the United States.
‘‘(2) The Secretary shall transfer the amount deter-
mined under paragraph (1), reduced as may be necessary
under subsection (e), to the Secretary of the Interior in
accordance with, and subject to, section 9205 of this Act.
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 6602(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a)(1) and for the Sec-
retary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
‘‘SEC. 6104. APPLICATIONS.
‘‘(a) GENERAL.—Any local educational agency that
desires to receive a grant under this part shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may rea-
sonably require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each
such application shall include a comprehensive program
for meeting the needs of Indian children in the local edu-
cational agency, including their language and cultural
needs, that—
516
‘‘(1) provides programs and activities to meet
the culturally related academic needs of American
Indian and Alaska Native students,
‘‘(2)(A) is consistent with, and promotes the
goals in, the State and local plans, either approved
or being developed, under title III of the Goals
2000: Educate America Act or, if such plans are not
approved or being developed, with the State and
local plans under sections 1111 and 1112 of this
Act; and
‘‘(B) includes academic content and student
performance goals for such children, and bench-
marks for attaining them, that are based on the
challenging State standards adopted under title III
of the Goals 2000: Educate America Act or under
title I of this Act for all children;
‘‘(3) explains how Federal, State, and local pro-
grams, especially under title I of this Act, will meet
the needs of such students;
‘‘(4) demonstrates how funds under this part
will be used for activities authorized by section
6105;
‘‘(5) describes the professional development to
be provided, as needed, to ensure that—
517
‘‘(A) teachers and other school profes-
sionals who are new to the Indian community
are prepared to work with Indian children; and
‘‘(B) all teachers who will be involved in
the project have been properly trained to carry
it out; and
‘‘(6) describes how the agency—
‘‘(A) will periodically assess the progress of
all Indian children in its schools, including In-
dian children who do not participate in pro-
grams under this part, in meeting the goals de-
scribed in paragraph (2);
‘‘(B) will provide the results of that assess-
ment to the parent committee described in sub-
section (c)(6) and to the community served by
the agency; and
‘‘(C) is responding to findings of any pre-
vious such assessments.
‘‘(c) ASSURANCES.—Each such application shall also
include assurances that—
‘‘(1) the local educational agency will use funds
received under this part only to supplement the level
of funds that, in the absence of such Federal funds,
the agency would make available for the education
of Indian children, and not to supplant such funds;
518
‘‘(2) the local educational agency will submit
such reports to the Secretary, in such form and con-
taining such information, as the Secretary may re-
quire to—
‘‘(A) carry out the Secretary’s functions
under this part; and
‘‘(B) determine the extent to which funds
provided under this part have been effective in
improving the educational achievement of In-
dian students in the local educational agency;
‘‘(3) the program for which assistance is sought
has been based upon a local assessment and
prioritization of the special educational and cul-
turally related academic needs of the American In-
dian and Alaska Native students for which the local
educational agency is providing an education;
‘‘(4) the program for which assistance is sought
will use the best available talents and resources, in-
cluding persons from the Indian community;
‘‘(5) the local educational agency has developed
the program in open consultation with parents of In-
dian children, teachers, and, where appropriate, sec-
ondary school Indian students, including holding
public hearings at which such persons have had a
519
full opportunity to understand the program and to
offer recommendations regarding such program;
‘‘(6) the local educational agency has developed
the program with the participation and written ap-
proval of a committee—
‘‘(A) that is composed of, and selected by,
parents of Indian children in the local edu-
cational agency’s schools, teachers, and, where
appropriate, secondary school Indian students
and of which at least half the members are such
parent;
‘‘(B) that sets forth such policies and pro-
cedures, including policies and procedures relat-
ing to the hiring of personnel, as will ensure
that the program for which assistance is sought
will be operated and evaluated in consultation
with, and with the involvement of, parents of
the children and representatives of the area to
be served;
‘‘(C) that, in the case of an application
which includes a schoolwide project (as specified
in section 6105(c) of this part) finds that such
project will not diminish the availability of cul-
turally related activities for American Indians
and Alaskan Native students; and
520
‘‘(D) that adopts and abides by reasonable
bylaws for the conduct of the activities of the
committee.
‘‘(d) STATE EDUCATIONAL AGENCY REVIEW.—(1)
Before submitting its application to the Secretary, the
local educational agency shall obtain comments on the ap-
plication from the State educational agency.
‘‘(2) The local educational agency shall send the
State educational agency’s comments to the Secretary
with its application.
‘‘SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this part shall
use the grant funds for services and activities, consistent
with the purpose of this part, that—
‘‘(1) are designed to carry out its comprehen-
sive plan for Indian students, described in its appli-
cation under section 6104(b);
‘‘(2) are designed with special regard for the
language and cultural needs of those students; and
‘‘(3) supplement and enrich the regular school
program.
‘‘(b) PARTICULAR ACTIVITIES.—Such services and
activities include—
521
‘‘(1) culturally related activities which support
the program set out in the application, as required
in section 6104;
‘‘(2) early childhood and family programs that
emphasize school readiness;
‘‘(3) enrichment programs that focus on prob-
lem-solving and cognitive skills development and that
directly support the attainment of challenging State
content and student performance standards;
‘‘(4) integrated educational services in combina-
tion with other programs meeting similar needs;
‘‘(5) school-to-work transition activities to en-
able Indian students to participate in programs such
as those supported by the School-to-Work Opportu-
nities Act of 1993 and the Carl D. Perkins Voca-
tional and Applied Technology Education Act, in-
cluding tech-prep, mentoring, and apprenticeship
programs;
‘‘(6) prevention of, and education about, sub-
stance abuse; and
‘‘(7) acquisition of equipment, but only if such
acquisition is essential to meet the purpose of this
part.
‘‘(c) 
SCHOOLWIDE
PROGRAMS.—Notwithstanding
any other provision of this part, a local educational agency
522
may use funds it receives under this part to support a
schoolwide program under section 1114 of title I of this
Act, in accordance with such section, if the Secretary de-
termines that the local educational agency has made ade-
quate provision for the participation of Indian children in
such project and the involvement of Indian parents in the
formulation of such project.
‘‘SEC. 6106. STUDENT ELIGIBILITY FORMS.
‘‘(a) The Secretary shall require that each application
for a grant under this subpart for each fiscal year be sup-
ported by a form, maintained in the files of the applicant,
for each eligible Indian child for whom the local edu-
cational agency is providing free public education that sets
forth information establishing the status of the child as
an eligible Indian child.
‘‘(b) The Secretary shall request on the form required
under subsection (a) at least the following information:
‘‘(1) either—
‘‘(A) the name of the tribe, band, or other
organized group of Indians with which the child
claims membership, along with the enrollment
number establishing membership (if readily
available), and the name and address of the or-
ganization which has updated and accurate
524
ing the local educational agency’s grant award, the eligi-
bility form for the child must contain at a minimum—
‘‘(1) the child’s name;
‘‘(2) the name of the tribe, band, or other orga-
nized group of Indians; and
‘‘(3) the parent’s dated signature.
The failure of an applicant to furnish any other informa-
tion listed in subsection (b) with respect to any child shall
have no bearing on the determination of whether the child
is an eligible Indian child.
‘‘(d) The forms and the standards of proof (including
the standard of good faith compliance) that were in use
during the 1985–1986 academic year to establish a child’s
eligibility for entitlement under the Indian Elementary
and Secondary School Assistance Act shall be the only
forms and standards of proof used to establish such eligi-
bility and to meet the requirements of subsection (a).
‘‘(e) For purposes of determining whether a child is
an eligible Indian child, the membership of the child, or
any parent or grandparent of the child, in a tribe, band,
or other organized group of Indians may be established
by proof other than an enrollment number, even if enroll-
ment numbers for members of such tribe, band, or groups
are available. Nothing in subsection (b) may be construed
as requiring the furnishing of enrollment numbers.
525
‘‘(f)(1)(A) The Secretary shall conduct a monitoring
and evaluation review of a sampling of the recipients of
grants under this part each fiscal year, such sampling to
take into account size of the recipient and geographic loca-
tion. The purpose of the sampling shall be to provide the
Secretary with such information as is necessary to assist
the Secretary in carrying out his or her responsibility to
provide technical assistance under this part.
‘‘(B) A local educational agency may not be held lia-
ble to the United States, or be otherwise penalized, by rea-
son of the findings of an audit that relate to the date of
completion, or the date of submission, of any forms used
to establish, before April 28, 1988, a child’s eligibility for
entitlement under the Indian Elementary and Secondary
School Assistance Act.
‘‘(2) Any local educational agency that provides false
information in the application for a grant under this sub-
part shall be ineligible to apply for any other grants under
this part and shall be liable to the United States for any
funds provided under this part that have not been ex-
pended.
‘‘(3) Any student who provides false information on
the form required under subsection (d)(1) may not be
taken into account in determining the amount of any
grant under this part.
526
‘‘(g) For purposes of distribution of funds under this
Act to schools funded by the Bureau of Indian Affairs,
the Secretary shall use the count of the number of stu-
dents in each such school funded under the Indian Student
Equalization Formula developed pursuant to section 1128
of Public Law 95–561, in lieu of the requirements of this
section.
‘‘SEC. 6107. PAYMENTS.
‘‘(a) GENERAL.—The Secretary shall pay each local
educational agency with an application approved under
this part the amount determined under section 6103, sub-
ject to subsections (b) and (c) of this section and shall
notify such local educational agency of the amount no
later than June 1 of the year in which the grant will be
paid.
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT
BY
THE
STATE.—The Secretary shall not make a grant under this
part for any fiscal year to any local educational agency
in a State that has taken into consideration payments
under this part (or under subpart 1 of the Indian Edu-
cation Act of 1988) in determining the eligibility of the
local educational agency for State aid, or the amount of
that aid, with respect to the free public education of chil-
dren during that year or the preceding fiscal year.
527
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO
MAINTAIN FISCAL EFFORT.—(1) The Secretary shall not
pay any local educational agency the full amount deter-
mined under section 6103 for any fiscal year unless the
State educational agency notifies the Secretary, and the
Secretary determines, that the combined fiscal effort of
that local agency and the State with respect to the provi-
sion of free public education by such local agency for the
preceding fiscal year, computed on either a per-student or
aggregate expenditure basis, was not less than 90 percent
of such combined fiscal effort, computed on the same
basis, for the second preceding fiscal year.
‘‘(2) If the Secretary determines for any fiscal year
that a local educational agency failed to maintain its fiscal
effort at the 90 percent level required by paragraph (1),
the Secretary shall—
‘‘(A) reduce the amount of the grant that would
otherwise be made to the agency under this part in
the exact proportion of such agency’s failure to
maintain its fiscal effort at such level; and
‘‘(B) not use the reduced amount of the agen-
cy’s expenditures for the preceding year to deter-
mine compliance with paragraph (1) for any suc-
ceeding fiscal year, but shall use the amount of ex-
528
penditures that would have been required to comply
with paragraph (1).
‘‘(3)(A) The Secretary may waive the requirement of
paragraph (1), for not more than one year at a time, if
the Secretary determines that the failure to comply with
such requirement is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the agency’s financial resources.
‘‘(B) The Secretary shall not use the reduced amount
of such agency’s expenditures for the fiscal year preceding
the fiscal year for which a waiver is granted to determine
compliance with paragraph (1) for any succeeding fiscal
year, but shall use the amount of expenditures that would
have been required to comply with paragraph (1) in the
absence of the waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallo-
cate, in the manner the Secretary determines will best
carry out the purpose of this part, any amounts that—
‘‘(1) based on estimates by local educational
agencies or other information, will not be needed by
such agencies to carry out their approved projects
under this part; or
‘‘(2) otherwise become available for reallocation
under this part.
529
‘‘PART B—SPECIAL PROGRAMS AND PROJECTS
TO IMPROVE EDUCATIONAL OPPORTUNITIES
FOR INDIAN CHILDREN
‘‘SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN.
‘‘(a) PURPOSE COORDINATION.—(1) It is the purpose
of this section to support projects that are to develop, text,
and demonstrate the effectiveness of services and pro-
grams to improve educational opportunities and achieve-
ment of Indian children.
‘‘(2) The Secretary shall take such steps as are nec-
essary to achieve coordination of projects funded under
this part with other programs funded under this Act and
with other Federal programs operated for the benefit of
American Indian and Alaska Native children.
‘‘(b) ELIGIBLE
APPLICANTS.—State educational
agencies, local educational agencies, Indian tribes, Indian
organizations, federally supported elementary and second-
ary schools for Indian students, Indian institutions, in-
cluding Indian institutions of higher education, and con-
sortia thereof may apply for grants under this section.
‘‘(c) AUTHORIZED PROJECTS AND ACTIVITIES.—Re-
cipients of grants under this section shall use the grant
funds to carry out projects and activities that meet the
purpose of this section, such as—
530
‘‘(1) innovative programs related to the edu-
cational needs of educationally deprived children;
‘‘(2) educational services not available to such
children in sufficient quantity or quality, including
remedial instruction, to raise the achievement of In-
dian children in 1 or more of the core curriculum
areas of English, mathematics, science, foreign lan-
guages, art, history, and geography;
‘‘(3) bilingual and bicultural programs and
projects;
‘‘(4) special health and nutrition services, and
other related activities, which meet the special
health, social, and psychological problems of Indian
children;
‘‘(5) special compensatory and other programs
and projects designed to assist and encourage Indian
children to enter, remain in, or reenter school and
to increase the rate of high school graduation;
‘‘(6) comprehensive guidance, counseling, and
testing services;
‘‘(7) early childhood and kindergarten pro-
grams, including family based preschool programs
that emphasize school readiness and parental skills,
and services to Indian children with disabilities;
531
‘‘(8) partnership projects between local edu-
cational agencies and institutions of higher edu-
cation that allow high school students to enroll in
courses at the postsecondary level to aid them in the
transition from high school to postsecondary edu-
cation;
‘‘(9) partnership projects between schools and
local businesses for school-to-work transition pro-
grams designed to provide Indian youth with the
knowledge and skills they need to make an effective
transition from school to a first job in a high-skill,
high-wage career;
‘‘(10) programs designed to encourage and as-
sist Indian student to work toward, and gain en-
trance into, institutions of higher education; and
‘‘(11) other services which meet the needs of
this section.
Preservice or in-service training of professional and para-
professional personnel may be a part of any program au-
thorized under this section.
‘‘(d) GRANTS AND APPLICATIONS.—
‘‘(1) GRANTS.—(A) The Secretary may make
grants under this section for up to 5 years. Grants
may be made for the planning, development, pilot
operation, or demonstration of any activity author-
532
ized under this section, with priority given to those
applications which present a plan for combining 2 or
more of these operations over a multiyear period.
The Secretary shall make such multiyear grants sub-
ject to the conditions included below and shall pro-
vide continuation funding for each fiscal year upon
a positive determination that the applicant has made
substantial progress in carrying out the operations
covered under each grant period, as set forth in the
initial grant and any subsequent modifications.’
‘‘(B) The Secretary is also authorized to make
dissemination grants. Prior to making any such dis-
semination grant, the Secretary shall make a finding
that the material or program to be disseminated has
been adequately reviewed and has shown (i) edu-
cational merit, and (ii) and ability to be replicated.
‘‘(2) APPLICATIONS.—(A) Any eligible entity
that desires to receive a grant under this section
shall submit an application to the Secretary at such
time and in such manner as the Secretary may re-
quire.
‘‘(B) Each application shall contain—
‘‘(i) a description of how parents of Indian
children and representatives of Indian tribes
have been, and will be, involved in developing
533
and implementing the project for which assist-
ance is sought;
‘‘(ii) an assurance that the applicant will
participate, at the request of the Secretary, in
any national evaluation of projects under this
section; and
‘‘(iii) such other assurances and informa-
tion as the Secretary may reasonably require.
‘‘SEC. 6202. PROFESSIONAL DEVELOPMENT.
‘‘(a) PURPOSE.—The purpose of this section is to in-
crease the number of qualified Indian persons in profes-
sions serving Indian people, and to provide training as
teachers, administrators, teacher aides, social workers,
and ancillary educational personnel, and to improve the
skills of those presently serving in these capacities.
‘‘(b) ELIGIBLE
APPLICANTS.—Eligible applicants
under this section are—
‘‘(1) institutions of higher education, including
Indian institutions of higher education;
‘‘(2) State and local educational agencies, in
consortium with institutions of higher education; and
‘‘(3) Indian tribes and organizations, in consor-
tium with institutions of higher education.
‘‘(c) AUTHORIZED PROJECTS AND ACTIVITIES.—(1)
Each recipient of a grant under this section shall use the
534
grant funds to provide support and training for Indian
persons, consistent with the purposes of this section. Such
activities may include, but are not limited to, a continuing
program, symposia, workshops, conferences, and direct fi-
nancial support.
‘‘(2)(A) For education personnel, such training may
be in-service or preservice.
‘‘(B) For those being trained in other fields, such
training shall be in programs that result in graduate
degrees.
‘‘(3) In programs funded under this section, pref-
erence shall be given to the training of Indians.
‘‘(4) In making grants under this section, the Sec-
retary shall consider prior performance and may not limit
eligibility on the basis of the number of previous grants
or the length of time for which the applicant has received
grants.
‘‘(d) PROJECT PERIOD.—The project period for each
project approved under this section shall be up to 5 years.
‘‘(e) SERVICE OBLIGATION.—The Secretary shall, by
regulation, require that individuals who receive training
under this section perform related work which benefits In-
dian people or repay all or a prorated part of the support
received. The Secretary shall establish by regulation a
mechanism for having the recipient provide information of