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‘‘(B) were not born in any State; and
‘‘(C) have not been attending 1 or more
schools in any 1 or more States for more than
3 full academic years.
‘‘(8) LIMITED ENGLISH PROFICIENCY AND LIM-
ITED
ENGLISH
PROFICIENT.—The terms ‘limited
English proficiency’ and ‘limited English proficient’,
when used with reference to an individual, mean an
individual—
‘‘(A)(i) who was not born in the United
States, or whose native language is a language
other than English, and who comes from an en-
vironment where a language other than English
is dominant;
‘‘(ii) who is a Native American or Alaska
Native, or is a native resident of the outlying
areas, and comes from an environment where a
language other than English has had a signifi-
cant impact on such individual’s level of English
language proficiency; or
‘‘(iii) who is migratory, whose native lan-
guage is a language other than English, and who
comes from an environment where a language
other than English is dominant; and
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‘‘(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language and whose difficulties may deny such
individual the opportunity to learn successfully
in classrooms where the language of instruction
is English or to participate fully in society.
‘‘(9) NATIVE AMERICAN AND NATIVE AMERICAN
LANGUAGE.—The terms ‘Native American’ and ‘Na-
tive American language’ shall have the meanings
given such terms in section 103 of the Native Amer-
ican Languages Act.
‘‘(10) NATIVE HAWAIIAN OR NATIVE AMERICAN
PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL
ORGANIZATION.—The term ‘Native Hawaiian or Na-
tive American Pacific Islander native language edu-
cational organization’ means a nonprofit organiza-
tion with a majority of its governing board and em-
ployees consisting of fluent speakers of the traditional
Native American languages used in the organization’s
educational programs and with not less than 5 years
successful experience in providing educational services
in traditional Native American languages.
‘‘(11) NATIVE LANGUAGE.—The term ‘native lan-
guage’, when used with reference to an individual of
limited English proficiency, means the language nor-
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mally used by such individual, or in the case of a
child or youth, the language normally used by the
parents of the child or youth.
‘‘(12) OFFICE.—The term ‘Office’ means the Of-
fice of Bilingual Education and Minority Languages
Affairs.
‘‘(13) OTHER PROGRAMS FOR PERSONS OF LIM-
ITED ENGLISH PROFICIENCY.—The term ‘other pro-
grams for persons of limited English proficiency’
means any other programs administered by the Sec-
retary that serve persons of limited English pro-
ficiency.
‘‘(14) PARAPROFESSIONAL.—The term ‘para-
professional’ means an individual who is employed in
a preschool, elementary school, or secondary school
under the supervision of a certified or licensed teach-
er, including individuals employed in bilingual edu-
cation, special education and migrant education.
‘‘(15) SPECIAL
ALTERNATIVE
INSTRUCTIONAL
PROGRAM.—The term ‘special alternative instruc-
tional program’ means an educational program for
limited English proficient students that—
‘‘(A) utilizes specially designed English lan-
guage curricula and services but does not use the
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student’s native language for instructional pur-
poses;
‘‘(B) enables limited English proficient stu-
dents to achieve English proficiency and aca-
demic mastery of subject matter content and
higher order skills, including critical thinking, so
as to meet age-appropriate grade-promotion and
graduation standards; and
‘‘(C) is particularly appropriate for schools
where the diversity of the limited English pro-
ficient students’ native languages and the small
number of students speaking each respective lan-
guage makes bilingual education impractical
and where there is a critical shortage of bilin-
gual education teachers.
‘‘SEC. 3502. REGULATIONS AND NOTIFICATION.
‘‘(a) REGULATION RULE.—In developing regulations
under this title, the Secretary shall consult with State edu-
cational agencies and local educational agencies, organiza-
tions representing limited English proficient individuals,
and organizations representing teachers and other personnel
involved in bilingual education.
‘‘(b) PARENTAL NOTIFICATION.—
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‘‘(1) IN
GENERAL.—Parents of children and
youth participating in programs assisted under part
A shall be informed of—
‘‘(A) a student’s level of English proficiency,
how such level was assessed, the status of a stu-
dent’s academic achievement, and the implica-
tions of a student’s educational strengths and
needs for age and grade appropriate academic
attainment, promotion, and graduation;
‘‘(B) what programs are available to meet
the student’s educational strengths and needs
and how the programs differ in content and in-
structional goals, and in the case of a student
with a disability, how the program meets the ob-
jectives of a student’s individualized education
program; and
‘‘(C) the instructional goals of the bilingual
education or special alternative instructional
program, and how the program will specifically
help the limited English proficient student ac-
quire English and meet age-appropriate stand-
ards for grade promotion and graduation,
including—
‘‘(i) the benefits, nature, and past aca-
demic results of the bilingual educational
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program and of the instructional alter-
natives; and
‘‘(ii) the reasons for the selection of
their child as being in need of bilingual
education.
‘‘(2) OPTION TO DECLINE.—
‘‘(A) IN GENERAL.—Such parents shall also
be informed that such parents have the option of
declining enrollment of their children and youth
in such programs and shall be given an oppor-
tunity to so decline if such parents so choose.
‘‘(B) CIVIL RIGHTS OBLIGATIONS.—A local
educational agency shall not be relieved of any
of its obligations under title VI of the Civil
Rights Act of 1964 because parents choose not to
enroll their children in programs carried out
under part A.
‘‘(3) RECEIPT OF INFORMATION.—Such parents
shall receive, in a manner and form understandable
to such parents, including, if necessary and to the ex-
tent feasible, in the native language of such parents,
the information required by this subsection. At a
minimum, such parents shall receive—
‘‘(A) timely information about projects
funded under part A; and
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‘‘(B) if the parents of participating children
so desire, notice of opportunities for regular
meetings for the purpose of formulating and re-
sponding to recommendations from such parents.
‘‘(4) SPECIAL RULE.—Students shall not be ad-
mitted to or excluded from any federally assisted edu-
cation program merely on the basis of a surname or
language-minority status.’’.
TITLE IV—SAFE AND DRUG-FREE
SCHOOLS AND COMMUNITIES
SEC. 401. AMENDMENT TO THE ELEMENTARY AND SEC-
ONDARY EDUCATION ACT OF 1965.
Title IV (20 U.S.C. 7101 et seq.) is amended to read
as follows:
‘‘TITLE 
IV—SAFE 
AND 
DRUG-
FREE SCHOOLS AND COMMU-
NITIES
‘‘PART A—STATE GRANTS
‘‘SEC. 4001. SHORT TITLE.
‘‘This part may be cited as the ‘Safe and Drug-Free
Schools and Communities Act of 1994’.
‘‘SEC. 4002. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) Every student should attend a school in a
drug- and violence-free learning environment.
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‘‘(2) The widespread illegal use of alcohol and
drugs among the Nation’s secondary school students,
and increasingly by students in elementary schools as
well, constitutes a grave threat to such students’ phys-
ical and mental well-being, and significantly impedes
the learning process. For example, data show that stu-
dents who drink tend to receive lower grades and are
more likely to miss school because of illness than stu-
dents who do not drink.
‘‘(3) Drug and violence prevention programs are
essential components of a comprehensive strategy to
promote school safety, youth development, positive
school outcomes, and to reduce the demand for and il-
legal use of alcohol, tobacco and drugs throughout the
Nation. Schools, local organizations, parents, stu-
dents, and communities throughout the Nation have a
special responsibility to work together to combat the
continuing epidemic of violence and illegal drug use
and should measure the success of their programs
against clearly defined goals and objectives.
‘‘(4) Drug and violence prevention programs are
most effective when implemented within a scientif-
ically based research, drug and violence prevention
framework of proven effectiveness.
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‘‘(5) Research clearly shows that community con-
texts contribute to substance abuse and violence.
‘‘(6) Substance abuse and violence are intricately
related and must be dealt with in a holistic manner.
‘‘(7) Research has documented that parental be-
havior and environment directly influence a child’s
inclination to use alcohol, tobacco or drugs.
‘‘SEC. 4003. PURPOSE.
‘‘The purpose of this part is to support programs that
prevent violence in and around schools and prevent the ille-
gal use of alcohol, tobacco, and drugs, involve parents, and
are coordinated with related Federal, State, school, and
community efforts and resources, through the provision of
Federal assistance to—
‘‘(1) States for grants to local educational agen-
cies and educational service agencies and consortia of
such agencies to establish, operate, and improve local
programs of school drug and violence prevention,
early intervention, high quality alternative education
for chronically disruptive, drug-abusing, and violent
students that includes drug and violence prevention
programs, rehabilitation referral, and education in el-
ementary and secondary schools for the development
and implementation of policies that set clear and ap-
propriate standards regarding the illegal use of alco-
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hol, tobacco and drugs, and for violent behavior (in-
cluding intermediate and junior high schools);
‘‘(2) States for grants to, and contracts with,
community-based organizations and public and pri-
vate enties for programs of drug and violence preven-
tion including community mobilization, early inter-
vention, rehabilitation referral, and education;
‘‘(3) States for development, training, technical
assistance, and coordination activities; and
‘‘(4) public and private entities to provide tech-
nical assistance, conduct training, demonstrations,
and evaluation, and to provide supplementary serv-
ices and community mobilization activities for the
prevention of drug use and violence among students
and youth.
‘‘SEC. 4004. FUNDING.
‘‘There are authorized to be appropriated—
‘‘(1) $700,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the 6 succeeding
fiscal years, for State grants under subpart 1;
‘‘(2) $150,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the 6 succeeding
fiscal years, for national programs under subpart 2;
‘‘(3) $75,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the 6 succeeding
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fiscal years, for the National Coordinator Initiative
under section 4122;
‘‘(4) $5,000,000 for each of fiscal years 2002
through 2004 to carry out section 4125; and
‘‘(5) $25,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the 6 succeeding
fiscal years to carry out section 4126.
‘‘Subpart 1—STATE GRANTS FOR DRUG AND
VIOLENCE PREVENTION PROGRAMS
‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—From the amount made avail-
able under section 4004(1) to carry out this subpart for each
fiscal year, the Secretary—
‘‘(1) shall reserve 1 percent of such amount for
grants under this subpart to Guam, American
Samoa, the Virgin Islands, and the Commonwealth of
the Northern Mariana Islands, to be allotted in ac-
cordance with the Secretary’s determination of 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) may reserve not more than $2,000,000 for
the national impact evaluation required by section
4117(a); and
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‘‘(4) shall reserve 0.2 percent of such amount for
programs for Native Hawaiians under section 4118.
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall, for each fiscal year, al-
locate among the States—
‘‘(A) one-half of the remainder not reserved
under subsection (a) according to the ratio be-
tween 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 re-
ceived under section 1124A for the preceding
year and the sum of such amounts received by
all the States.
‘‘(2) MINIMUM.—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) REALLOTMENT.—The Secretary may reallot
any amount of any allotment to a State if the Sec-
retary determines that the State will be unable to use
such amount within 2 years of such allotment. Such
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reallotments shall be made on the same basis as allot-
ments are made under paragraph (1).
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) STATE.—The term ‘State’ means each
of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.
‘‘(B) LOCAL
EDUCATIONAL
AGENCY.—The
term ‘local educational agency’ includes edu-
cational service agencies and consortia of such
agencies.
‘‘(c) LIMITATION.—Amounts appropriated under sec-
tion 4004(2) for a fiscal year may not be increased above
the amounts appropriated under such section for the pre-
vious fiscal year unless the amounts appropriated under
section 4004(1) for the fiscal year involved are at least 10
percent greater that the amounts appropriated under such
section 4004(1) for the previous fiscal year.
‘‘SEC. 4112. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—In order to receive an allotment
under section 4111 for any fiscal year, a State shall submit
to the Secretary, at such time as the Secretary may require,
an application that—
‘‘(1) contains a comprehensive plan for the use
of funds by the State educational agency and the chief
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executive officer to provide safe, orderly, and drug-free
schools and communities;
‘‘(2) contains the results of the State’s needs as-
sessment for drug and violence prevention programs,
which shall be based on the results of on-going State
evaluation activities, including data on the incidence
and prevalence, age of onset, perception of health risk,
and perception of social disapproval of drug use and
violence by youth in schools and communities and the
prevalence of risk or protective factors, buffers or as-
sets or other scientifically based research variables in
the school and community;
‘‘(3) contains assurances that the sections of the
application concerning the funds provided to the chief
executive officer and the State educational agency
were developed together, with each such officer or
State representative, in consultation and coordination
with appropriate State officials and others, including
the chief State school officer, the chief executive officer,
the head of the State alcohol and drug abuse agency,
the heads of the State health and mental health agen-
cies, the head of the State criminal justice planning
agency, the head of the State child welfare agency, the
head of the State board of education, or their des-
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ignees, and representatives of parents, students, and
community-based organizations;
‘‘(4) contains an assurance that the State will
cooperate with, and assist, the Secretary in con-
ducting a national impact evaluation of programs re-
quired by section 4117(a);
‘‘(5) contains assurances that the State education
agency and the Governor will develop their respective
applications in consultation with an advisory council
that includes, to the extent practicable, representatives
from school districts, businesses, parents, youth, teach-
ers, administrators, pupil services personnel, private
schools, appropriate State agencies, community-based
organizations, the medical profession, law enforce-
ment, the faith-based community and other groups
with interest and expertise in alcohol, tobacco, drug,
and violence prevention;
‘‘(6) contains assurances that the State education
agency and the Governor involve the representatives
described in paragraph (5), on an ongoing basis, to
review program evaluations and other relevant mate-
rial and make recommendations to the State edu-
cation agency and the Governor on how to improve
their respective alcohol, tobacco, drug, and violence
prevention programs;
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‘‘(7) contains a list of the State’s results-based
performance measures for drug and violence preven-
tion, that shall—
‘‘(A) be focused on student behavior and at-
titudes and be derived from the needs assessment;
‘‘(B) include targets and due dates for the
attainment of such performance measures; and
‘‘(C) include a description of the procedures
that the State will use to inform local edu-
cational agencies of such performance measures
for assessing and publicly reporting progress to-
ward meeting such measures or revising them as
needed; and
‘‘(8) 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 com-
prehensive plan for the use of funds under section 4113(a)
by the State educational agency that includes—
‘‘(1) 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
4116;
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‘‘(2) a description of how the State educational
agency will use funds under section 4113(b), includ-
ing how the agency will receive input from parents
regarding the use of such funds;
‘‘(3) a description of how the State educational
agency will coordinate such agency’s activities under
this subpart with the chief executive officer’s drug and
violence prevention programs under this subpart and
with the prevention efforts of other State agencies;
and
‘‘(4) a description of the procedures the State
educational agency will use to review applications
from and allocate funding to local educational agen-
cies under section 4115 and how such review will re-
ceive input from parents.
‘‘(c) GOVERNOR’S
FUNDS.—A State’s application
under this section shall also contain a comprehensive plan
for the use of funds under section 4114(a) by the chief execu-
tive officer that includes, with respect to each activity to
be carried out by the State—
‘‘(1) a description of how the chief executive offi-
cer will coordinate such officer’s activities under this
part with the State educational agency and other
State agencies and organizations involved with drug
and violence prevention efforts;
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‘‘(2) a description of how funds reserved under
section 4114(a) will be used so as not to duplicate the
efforts of the State educational agency and local edu-
cational agencies with regard to the provision of
school-based prevention efforts and services and how
those funds will be used to serve populations not nor-
mally served by the State educational agency, such as
school dropouts, suspended and expelled students, and
youth in detention centers;
‘‘(3) a description of how the chief executive offi-
cer will award funds under section 4114(a) and a
plan for monitoring the performance of, and pro-
viding technical assistance to, recipients of such
funds;
‘‘(4) a description of the special outreach activi-
ties that will be carried out to maximize the partici-
pation of community-based nonprofit organizations of
demonstrated effectiveness which provide services in
low-income communities, such as mentoring pro-
grams;
‘‘(5) a description of how funds will be used to
support community-wide comprehensive drug and vi-
olence prevention planning and community mobiliza-
tion activities; and
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‘‘(6) a specific description of how input from
parents will be sought regarding the use of funds
under section 4114(a).
‘‘(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 fis-
cal year 2002 a 1-year interim application and plan for
the use of funds under this subpart that are consistent with
the requirements of this section and contain such informa-
tion as the Secretary may specify in regulations. The pur-
pose of such interim application and plan shall be to afford
the State the opportunity to fully develop and review such
State’s application and comprehensive plan otherwise re-
quired by this section. A State may not receive a grant
under this subpart for a fiscal year subsequent to fiscal year
2002 unless the Secretary has approved such State’s appli-
cation and comprehensive plan in accordance with this sub-
part.
‘‘SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PRO-
GRAMS.
‘‘(a) USE OF FUNDS.—An amount equal to 80 percent
of the total amount allocated to a State under section 4111
for each fiscal year shall be used by the State educational
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agency and its local educational agencies for drug and vio-
lence prevention activities in accordance with this section.
‘‘(b) STATE LEVEL PROGRAMS.—
‘‘(1) IN GENERAL.—A State educational agency
shall use not more than 5 percent of the amount
available under subsection (a) for activities such as—
‘‘(A) voluntary training and technical as-
sistance concerning drug and violence prevention
for local educational agencies and educational
service agencies, including teachers, administra-
tors, coaches and athletic directors, other staff,
parents, students, community leaders, health
service providers, mentoring providers, local law
enforcement officials, and judicial officials;
‘‘(B) the development, identification, dis-
semination, and evaluation of the most readily
available, accurate, and up-to-date drug and vio-
lence prevention curriculum materials (including
videotapes, software, and other technology-based
learning resources), for consideration by local
educational agencies;
‘‘(C) making available to local educational
agencies cost effective scientifically based re-
search programs for youth violence and drug
abuse prevention;
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‘‘(D) demonstration projects in drug and vi-
olence prevention, including service-learning
projects and mentoring programs;
‘‘(E) training, technical assistance, and
demonstration projects to address violence associ-
ated with prejudice and intolerance;
‘‘(F) training, technical assistance and
demonstration projects to address the impact of
family violence on school violence and substance
abuse;
‘‘(G) financial assistance to enhance re-
sources available for drug and violence preven-
tion in areas serving large numbers of economi-
cally disadvantaged children or sparsely popu-
lated areas, or to meet other special needs con-
sistent with the purposes of this subpart;
‘‘(H) the evaluation of activities carried out
within the State under this part; and
‘‘(I) alternative programs for the education
and discipline of chronically violent and disrup-
tive students as it relates to drug and violence
prevention.
‘‘(2) SPECIAL RULE.—A State educational agen-
cy may carry out activities under this subsection di-
rectly, or through grants or contracts.
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‘‘(c) STATE ADMINISTRATION.—
‘‘(1) IN GENERAL.—A State educational agency
may use not more than 5 percent of the amount re-
served under subsection (a) for the administrative
costs of carrying out its responsibilities under this
part.
‘‘(2) UNIFORM MANAGEMENT INFORMATION AND
REPORTING SYSTEM.—In carrying out its responsibil-
ities under this part, a State shall implement a uni-
form management information and reporting system
that includes information on the types of curricula,
programs and services provided by the State, Gov-
ernor, local education agencies, and other recipients of
funds under this title.
‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—
‘‘(1) IN GENERAL.—A State educational agency
shall distribute not less than 91 percent of the amount
made available under subsection (a) for each fiscal
year to local educational agencies in accordance with
this subsection.
‘‘(2) DISTRIBUTION.—A State educational agen-
cy shall distribute amounts under paragraph (1) in
accordance with any one of the following subpara-
graphs:
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‘‘(A) ENROLLMENT AND COMBINATION AP-
PROACH.—Of the amount distributed under
paragraph (1), a State educational agency shall
distribute—
‘‘(i) at least 70 percent of such amount
to local educational agencies, based on the
relative enrollments in public and private
nonprofit elementary and secondary schools
within the boundaries of such agencies; and
‘‘(ii) not to exceed 30 percent of any
amounts remaining after amounts are dis-
tributed under clause (i)—
‘‘(I) to each local educational
agency in an amount determined ap-
propriate by the State educational
agency; or
‘‘(II) to local educational agencies
that the State education agency deter-
mines have the greatest need for addi-
tional funds to carry out drug and vio-
lence prevention programs authorized
by this subpart.
‘‘(B) COMPETITIVE AND NEED APPROACH.—
Of the amount distributed under paragraph (1),
a State educational agency shall distribute—
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‘‘(i) not to exceed 70 percent of such
amount to local educational agencies that
the State agency determines, through a com-
petitive process, have the greatest need for
funds to carry out drug and violence pre-
vention programs based on criteria estab-
lished by the State agency and authorized
under this subpart; and
‘‘(ii) at least 30 percent of any
amounts remaining after amounts are dis-
tributed under clause (i) to local edu-
cational agencies that the State agency de-
termines have a need for additional funds to
carry out the program authorized under
this subpart.
‘‘(3) CONSIDERATION OF OBJECTIVE DATA.—For
purposes of paragraph (2), in determining which
local educational agencies have the greatest need for
funds, the State educational agency shall consider ob-
jective data which may include—
‘‘(A) high or increasing rates of alcohol or
drug use among youth;
‘‘(B) high or increasing rates of victimiza-
tion of youth by violence and crime;
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‘‘(C) high or increasing rates of arrests and
convictions of youth for violent or drug- or alco-
hol-related crime;
‘‘(D) the extent of illegal gang activity;
‘‘(E) high or increasing incidence of vio-
lence associated with prejudice and intolerance;
‘‘(F) high or increasing rates of referrals of
youths to drug and alcohol abuse treatment and
rehabilitation programs;
‘‘(G) high or increasing rates of referrals of
youths to juvenile court;
‘‘(H) high or increasing rates of expulsions
and suspensions of students from schools;
‘‘(I) high or increasing rates of reported
cases of child abuse and domestic violence; and
‘‘(J) high or increasing rates of drug related
emergencies or deaths.
‘‘(e) REALLOCATION
OF FUNDS.—If a local edu-
cational agency chooses not to apply to receive the amount
allocated to such agency under subsection (d), or if such
agency’s application under section 4115 is disapproved by
the State educational agency, the State educational agency
shall reallocate such amount to one or more of its other local
educational agencies.
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‘‘(f) RETURN
OF FUNDS
TO STATE EDUCATIONAL
AGENCY; REALLOCATION.—
‘‘(1) RETURN.—Except as provided in para-
graph (2), upon the expiration of the 1-year period
beginning on the date that a local educational agency
or educational service agency under this title receives
its allocation under this title—
‘‘(A) such agency shall return to the State
educational agency any funds from such alloca-
tion that remain unobligated; and
‘‘(B) the State educational agency shall re-
allocate any such amount to local educational
agencies or educational service agencies that have
plans for using such amount for programs or ac-
tivities on a timely basis.
‘‘(2) REALLOCATION.—In any fiscal year, a local
educational agency, may retain for obligation in the
succeeding fiscal year—
‘‘(A) an amount equal to not more than 25
percent 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.
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‘‘SEC. 4114. GOVERNOR’S PROGRAMS.
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—An amount equal to 20 per-
cent of the total amount allocated to a State under
section 4111(b)(1) for each fiscal year shall be used by
the chief executive officer of such State for drug and
violence prevention programs and activities in ac-
cordance with this section.
‘‘(2) ADMINISTRATIVE COSTS.—A chief executive
officer may use not more than 5 percent of the 20 per-
cent described in paragraph (1) for the administra-
tive costs incurred in carrying out the duties of such
officer under this section. The chief executive officer of
a State may use amounts under this paragraph to
award grants to State, county, or local law enforce-
ment agencies, including district attorneys, in con-
sultation with local education agencies or community-
based agencies, for the purposes of carrying out drug
abuse and violence prevention activities.
‘‘(b) STATE PLAN.—Amounts shall be used under this
section in accordance with a State plan submitted by the
chief executive office of the State. Such State plan shall
contain—
‘‘(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and con-
trolled, illegal, addictive or harmful substances as well
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as the violence, safety, and discipline problems among
students who attend schools in the State (including
private school students who participate in the States’s
drug and violence prevention programs) that is based
on ongoing local assessment or evaluation activities
including administrative incident reports, anonymous
surveys of students or teachers, and focus groups;
‘‘(2) an analysis, based on data reasonably
available at the time, of the prevalence of risk factors,
including high or increasing rates of reported cases of
child abuse and domestic violence, or protective fac-
tors, buffers or assets or other scientifically based re-
search variables in schools and communities in the
State;
‘‘(3) a description of the scientifically based re-
search strategies and programs, which shall be used to
prevent or reduce drug use, violence, or disruptive be-
havior, which shall include—
‘‘(A) a specification of the objectively meas-
urable goals, objectives, and activities for the
program;
‘‘(B) a specification for how risk factors, if
any, which have been identified will be targeted
through scientifically based research programs;
and
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‘‘(C) a specification for how protective fac-
tors, buffers, or assets, if any, will be targeted
through scientifically based research programs;
‘‘(4) a specification for the method or methods by
which measurements of program goals will be
achieved; and
‘‘(5) a specification for how the evaluation of the
effectiveness of the prevention program will be as-
sessed and how the results will be used to refine, im-
prove, and strengthen the program.
‘‘(c) PROGRAMS AUTHORIZED.—
‘‘(1) IN GENERAL.—A chief executive officer shall
use funds made available under subsection (a)(1) di-
rectly for grants to or contracts with parent groups,
schools, community action and job training agencies,
community-based organizations, community anti-
drug coalitions, law enforcement education partner-
ships, and public and private entities and consortia
thereof. In making such grants and contracts, a chief
executive officer shall give priority to programs and
activities described in subsection (d) for—
‘‘(A) children and youth who are not nor-
mally served by State or local educational agen-
cies; or
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‘‘(B) populations that need special services
or additional resources (such as preschoolers,
youth in juvenile detention facilities, runaway or
homeless children and youth, pregnant and par-
enting teenagers, and school dropouts).
‘‘(2) PEER REVIEW.—Grants or contracts award-
ed under this subsection shall be subject to a peer re-
view process.
‘‘(d) AUTHORIZED ACTIVITIES.—Grants and contracts
under subsection (c) shall be used to carry out the com-
prehensive State plan as required under section 4112(a)(1)
through programs and activities such as—
‘‘(1) disseminating information about drug and
violence prevention;
‘‘(2) the voluntary training of parents, law en-
forcement officials, judicial officials, social service
providers, health service providers and community
leaders about drug and violence prevention, health
education (as it relates to drug and violence preven-
tion), domestic violence and child abuse education (as
it relates to drug and violence prevention), early
intervention, pupil services, or rehabilitation referral;
‘‘(3) developing and implementing comprehen-
sive, community-based drug and violence prevention
programs that link community resources with schools
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and integrate services involving education, vocational
and job skills training and placement, law enforce-
ment, health, mental health, family violence preven-
tion, community service, service-learning, mentoring,
and other appropriate services;
‘‘(4) planning and implementing drug and vio-
lence prevention activities that coordinate the efforts
of State agencies with efforts of the State educational
agency and its local educational agencies;
‘‘(5) activities to protect students traveling to
and from school;
‘‘(6) before-and-after school recreational, instruc-
tional, cultural, and artistic programs that encourage
drug- and violence-free lifestyles;
‘‘(7) activities that promote the awareness of and
sensitivity to alternatives to violence through courses
of study that include related issues of intolerance and
hatred in history;
‘‘(8) developing and implementing activities to
prevent and reduce violence associated with prejudice
and intolerance;
‘‘(9) developing and implementing activities to
prevent and reduce dating violence;
‘‘(10) developing and implementing strategies to
prevent illegal gang activity;
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‘‘(11) coordinating and conducting school and
community-wide violence and safety and drug abuse
assessments and surveys;
‘‘(12) service-learning projects that encourage
drug- and violence-free lifestyles;
‘‘(13) evaluating programs and activities as-
sisted under this section;
‘‘(14) developing and implementing community
mobilization activities to undertake environmental
change strategies related to substance abuse and vio-
lence;
‘‘(15) developing, establishing, or improving al-
ternative educational opportunities for chronically
disruptive, drug-abusing, and violent students that
are designed to promote drug and violence prevention,
reduce disruptive behavior, to reduce the need for re-
peat suspensions and expulsions, to enable students to
meet challenging State academic standards, and to
enable students to return to the regular classroom as
soon as possible;
‘‘(16) training teachers, pupil services personnel,
and other appropriate school staff on effective strate-
gies for dealing with chronically disruptive, drug-
abusing, and violent students;
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‘‘(17) partnerships between local law enforcement
agencies, including district attorneys, and local edu-
cation agencies or community-based agencies; and
‘‘(18) alternative programs for the education and
discipline of chronically violent and disruptive stu-
dents as it relates to drug and violence prevention.
‘‘SEC. 4115. LOCAL APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—
‘‘(1) IN GENERAL.—In order to be eligible to re-
ceive a distribution under section 4113(d) for any fis-
cal 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 application shall be amended, as
necessary, to reflect changes in the local educational
agency’s program.
‘‘(2) DEVELOPMENT.—
‘‘(A) CONSULTATION.—A local educational
agency shall develop its application under sub-
section (a)(1) in consultation with a local or
substate regional advisory council that includes,
to the extent possible, representatives of local gov-
ernment, business, parents, students, teachers,
pupil services personnel, appropriate State agen-
cies, private schools, the medical profession, law
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enforcement, 
community-based 
organizations,
and other groups with interest and expertise in
drug and violence prevention.
‘‘(B) DUTIES
OF
ADVISORY
COUNCIL.—In
addition to assisting the local educational agency
to develop an application under this section, the
advisory council established or designated under
subparagraph (A) shall, on an ongoing basis—
‘‘(i) disseminate information about sci-
entifically based research drug and violence
prevention programs, projects, and activi-
ties conducted within the boundaries of the
local educational agency;
‘‘(ii) advise the local educational agen-
cy regarding how best to coordinate such
agency’s activities under this subpart with
other related programs, projects, and activi-
ties;
‘‘(iii) ensure that a mechanism is in
place to enable local educational agencies to
have access to up-to-date information con-
cerning the agencies that administer related
programs, projects, and activities and any
changes in the law that alter the duties of
the local educational agencies with respect
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to activities conducted under this subpart;
and
‘‘(iv) review program evaluations and
other relevant material and make rec-
ommendations on an active and ongoing
basis to the local educational agency on how
to improve such agency’s drug and violence
prevention programs.
‘‘(b) CONTENTS OF APPLICATIONS.—An application
under this section shall contain—
‘‘(1) an objective analysis of the current use (and
consequences 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 applicant (in-
cluding private school students who participate in the
applicant’s drug and violence prevention program)
that is based on ongoing local assessment or evalua-
tion activities;
‘‘(2) an analysis, based on data reasonably
available at the time, of the prevalence of risk factors,
including high or increasing rates of reported cases of
child abuse and domestic violence, or protective fac-
tors, buffers or assets or other scientifically based re-
search variables in the school and community;
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‘‘(3) a description of the scientifically based re-
search strategies and programs, which shall be used to
prevent or reduce drug use, violence, or disruptive be-
havior, which shall include—
‘‘(A) a specification of the objectively meas-
urable goals, objectives, and activities for the
program, which shall include—
‘‘(i) reductions in the use of alcohol, to-
bacco, and illicit drugs and violence by
youth;
‘‘(ii) specific reductions in the preva-
lence of identified risk factors;
‘‘(iii) specific increases in the preva-
lence of protective factors, buffers, or assets
if any have been identified; or
‘‘(iv) other scientifically based research
goals, objectives, and activities that are
identified as part of the application that
are not otherwise covered under clauses (i)
through (iii);
‘‘(B) a specification for how risk factors, if
any, which have been identified will be targeted
through scientifically based research programs;
and
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‘‘(C) a specification for how protective fac-
tors, buffers, or assets, if any, will be targeted
through scientifically based research programs;
‘‘(4) a specification for the method or methods by
which measurements of program goals will be
achieved;
‘‘(5) a specification for how the evaluation of the
effectiveness of the prevention program will be as-
sessed and how the results will be used to refine, im-
prove, and strengthen the program;
‘‘(6) an assurance that the applicant has, or the
schools to be served have, a plan for keeping schools
safe and drug-free that includes—
‘‘(A) appropriate and effective discipline
policies that prohibit disorderly conduct, the pos-
session of firearms and other weapons, and the
illegal use, possession, distribution, and sale of
tobacco, alcohol, and other drugs by students;
‘‘(B) security procedures at school and while
students are on the way to and from school;
‘‘(C) prevention activities that are designed
to create and maintain safe, disciplined, and
drug-free environments; and
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‘‘(D) a crisis management plan for respond-
ing to violent or traumatic incidents on school
grounds; and
‘‘(7) such other information and assurances as
the State educational agency may reasonably require.
‘‘(c) REVIEW OF APPLICATION.—
‘‘(1) IN GENERAL.—In reviewing local applica-
tions under this section, a State educational agency
shall use a peer review process or other methods of as-
suring the quality of such applications.
‘‘(2) CONSIDERATIONS.—
‘‘(A) IN GENERAL.—In determining whether
to approve the application of a local educational
agency under this section, a State educational
agency shall consider the quality of the local edu-
cational agency’s comprehensive plan under sub-
section (b)(6) and the extent to which the pro-
posed plan provides a thorough assessment of the
substance abuse and violence problem, uses objec-
tive data and the knowledge of a wide range of
community members, develops measurable goals
and objectives, and implements scientifically
based research programs that have been shown to
be effective and meet identified needs.
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‘‘(B) DISAPPROVAL.—A State educational
agency may disapprove a local educational agen-
cy 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
educational agency in a manner the State edu-
cational agency determines will best promote the
purposes of this part, except that a local edu-
cational agency shall be afforded an opportunity
to appeal any such disapproval.
‘‘SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PRO-
GRAMS.
‘‘(a) PROGRAM REQUIREMENTS.—A local educational
agency shall use funds received under this subpart to adopt
and carry out a comprehensive drug and violence preven-
tion program which shall—
‘‘(1) be designed, for all students and school em-
ployees, 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
school employees;
‘‘(B) prevent violence and promote school
safety; and
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‘‘(C) create a disciplined environment con-
ducive to learning;
‘‘(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,
goals, and programs under this subpart;
‘‘(3) implement activities which shall include—
‘‘(A) a thorough assessment of the substance
abuse and violence problems, using objective data
and the knowledge of a wide range of community
members;
‘‘(B) the development of measurable goals
and objectives;
‘‘(C) the implementation of scientifically
based research programs that have been shown to
be effective and meet identified goals; and
‘‘(D) an evaluation of program activities;
and
‘‘(4) implement prevention programming activi-
ties within the context of a scientifically based re-
search prevention framework.
‘‘(b) USE OF FUNDS.—A comprehensive, age-appro-
priate, developmentally-, and scientifically based research
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drug and violence prevention program carried out under
this subpart may include—
‘‘(1) drug or violence prevention and education
programs for all students, from the preschool level
through grade 12, that address the legal, social, per-
sonal and health consequences of the use of illegal
drugs or violence, promote a sense of individual re-
sponsibility, and provide information about effective
techniques for resisting peer pressure to use illegal
drugs;
‘‘(2) programs of drug or violence prevention,
health education (as it relates to drug and violence
prevention), domestic violence and child abuse edu-
cation (as it relates to drug and violence prevention),
early intervention, pupil services, mentoring, or reha-
bilitation referral, which emphasize students’ sense of
individual responsibility and which may include—
‘‘(A) the dissemination of information about
drug or violence prevention;
‘‘(B) the professional development or vol-
untary training of school personnel, parents, stu-
dents, law enforcement officials, judicial officials,
health service providers and community leaders
in prevention, education, early intervention,
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pupil services, mentoring or rehabilitation refer-
ral; and
‘‘(C) the implementation of strategies, in-
cluding strategies to integrate the delivery of
services from a variety of providers, to combat il-
legal alcohol, tobacco and drug use, and violence
such as—
‘‘(i) family counseling; and
‘‘(ii) activities, such as community
service and service-learning projects, that
are designed to increase students’ sense of
community;
‘‘(3) age-appropriate, developmentally based vio-
lence prevention and education programs for all stu-
dents, from the preschool level through grade 12, that
address the legal, health, personal, and social con-
sequences of violent and disruptive behavior, includ-
ing sexual harassment and abuse, domestic violence
and child abuse, and victimization associated with
prejudice and intolerance, and that include activities
designed to help students develop a sense of individual
responsibility and respect for the rights of others, and
to resolve conflicts without violence, or otherwise de-
crease the prevalence of risk factors or increase the
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prevalence of protective factors, buffers, or assets in
the community;
‘‘(4) violence prevention programs for school-aged
youth, which emphasize students’ sense of individual
responsibility and may include—
‘‘(A) the dissemination of information about
school safety and discipline;
‘‘(B) the professional development or vol-
untary training of school personnel, parents, stu-
dents, law enforcement officials, judicial officials,
and community leaders in designing and imple-
menting strategies to prevent school violence;
‘‘(C) the implementation of strategies, such
as conflict resolution and peer mediation, stu-
dent outreach efforts against violence, anti-crime
youth councils (which work with school and com-
munity-based organizations to discuss and de-
velop crime prevention strategies), and the use of
mentoring programs, to combat school violence
and other forms of disruptive behavior, such as
sexual harassment and abuse; and
‘‘(D) the development and implementation
of character education programs, as a component
of a comprehensive drug or violence prevention
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program, that are tailored by communities, par-
ents and schools;
‘‘(E) alternative programs for the education
and discipline of chronically violent and disrup-
tive students as it relates to drug and violence
prevention; and
‘‘(F) comprehensive, community-wide strat-
egies to prevent or reduce illegal gang activities
and drug use;
‘‘(5) supporting ‘safe zones of passage’ for stu-
dents between home and school through such measures
as Drug- and Weapon-Free School Zones, enhanced
law enforcement, and neighborhood patrols;
‘‘(6) administrative approaches to promote
school safety, including professional development for
principals and administrators to promote effectiveness
and innovation, implementing a school disciplinary
code, and effective communication of the school dis-
ciplinary code to both students and parents at the be-
ginning of the school year;
‘‘(7) the acquisition or hiring of school security
equipment, technologies, personnel, or services such
as—
‘‘(A) metal detectors;
‘‘(B) electronic locks;
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‘‘(C) surveillance cameras; and
‘‘(D) other drug and violence prevention-re-
lated equipment and technologies;
‘‘(8) professional development for teachers and
other staff and curricula that promote the awareness
of and sensitivity to alternatives to violence through
courses of study that include related issues of intoler-
ance and hatred in history;
‘‘(9) the promotion of before-and-after school rec-
reational, instructional, cultural, and artistic pro-
grams in supervised community settings;
‘‘(10) other scientifically based research preven-
tion programming that is—
‘‘(A) effective in reducing the prevalence of
alcohol, tobacco or drug use, and violence in
youth;
‘‘(B) effective in reducing the prevalence of
risk factors predictive of increased alcohol, to-
bacco or drug use, and violence; or
‘‘(C) effective in increasing the prevalence of
protective factors, buffers, and assets predictive
of decreased alcohol, tobacco or drug use and vio-
lence among youth;
‘‘(11) the collection of objective data used to as-
sess program needs, program implementation, or pro-
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gram success in achieving program goals and objec-
tives;
‘‘(12) community involvement activities includ-
ing community mobilization;
‘‘(13) voluntary parental involvement and train-
ing;
‘‘(14) the evaluation of any of the activities au-
thorized under this subsection;
‘‘(15) the provision of mental health counseling
(by qualified counselors) to students for drug or vio-
lence related problems;
‘‘(16) the provision of educational supports, serv-
ices, and programs, including drug and violence pre-
vention and intervention programs, using trained
and qualified staff, for students who have been sus-
pended or expelled so such students make continuing
progress toward meeting the State’s challenging aca-
demic standards and to enable students to return to
the regular classroom as soon as possible;
‘‘(17) training teachers, pupil services personnel,
and other appropriate school staff on effective strate-
gies for dealing with disruptive students;
‘‘(18) consistent with the fourth amendment to
the Constitution of the United States, the testing of a
student for illegal drug use or inspecting a student’s
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locker for guns, explosives, other weapons, or illegal
drugs, including at the request of or with the consent
of a parent or legal guardian of the student, if the
local educational agency elects to so test or inspect;
and
‘‘(19) the conduct of a nationwide background
check of each local educational agency employee (re-
gardless of when hired) and prospective employees for
the purpose of determining whether the employee or
prospective employee has been convicted of a crime
that bears upon the employee’s or prospective employ-
ee’s fitness—
‘‘(A) to have responsibility for the safety or
well-being of children;
‘‘(B) to serve in the particular capacity in
which the employee or prospective employee is or
will be employed; or
‘‘(C) to otherwise be employed at all by the
local educational agency.
‘‘(c) LIMITATIONS.—
‘‘(1) IN GENERAL.—Not more than 20 percent of
the funds made available to a local educational agen-
cy under this subpart may be used to carry out the
activities described in paragraphs (5) and (6) of sub-
section (b).
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‘‘(2) SPECIAL RULE.—A local educational agency
shall only use funds received under this subpart for
activities described in paragraphs (5) and (6) of sub-
section (b) if funding for such activities is not re-
ceived from other Federal agencies.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit the use of funds under
this part by any local educational agency or school for the
establishment or implementation of a school uniform policy
so long as such policy is part of the overall comprehensive
drug and violence prevention plan of the State involved and
is supported by the State’s needs assessment and other sci-
entifically based research information.
‘‘SEC. 4117. EVALUATION AND REPORTING.
‘‘(a) IMPACT EVALUATION.—
‘‘(1) BIENNIAL EVALUATION.—The Secretary, in
consultation with the National Advisory Committee,
shall conduct an independent biennial evaluation of
the impact of programs assisted under this subpart
and of other recent and new initiatives to combat vio-
lence in schools. The evaluation shall report on—
‘‘(A) whether funded community and local
education agency programs—
‘‘(i) provided a thorough assessment of
the substance abuse and violence problem;
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‘‘(ii) used objective data and the
knowledge of a wide range of community
members;
‘‘(iii) developed measurable goals and
objectives;
‘‘(iv) implemented scientifically based
research programs that have been shown to
be effective and meet identified needs; and
‘‘(v) conducted periodic program eval-
uations to assess progress made towards
achieving program goals and objectives and
whether they used evaluations to improve
program goals, objectives and activities;
‘‘(B) whether funded community and local
education agency programs have been designed
and implemented in a manner that specifically
targets, if relevant to the program—
‘‘(i) scientifically based research vari-
ables that are predictive of drug use or vio-
lence;
‘‘(ii) risk factors that are predictive of
an increased likelihood that young people
will use drugs, alcohol or tobacco or engage
in violence or drop out of school; or
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‘‘(iii) protective factors, buffers, or as-
sets that are known to protect children and
youth from exposure to risk, either by re-
ducing the exposure to risk factors or by
changing the way the young person re-
sponds to risk, and to increase the likelihood
of positive youth development;
‘‘(C) whether funded community and local
education agency programs have appreciably re-
duced the level of drug, alcohol and tobacco use
and school violence and the presence of firearms
at schools; and
‘‘(D) whether funded community and local
educational agency programs have conducted ef-
fective parent involvement and voluntary train-
ing programs.
‘‘(2) DATA COLLECTION.—The National Center
for Education Statistics shall collect data, that is sub-
ject to independent review, to determine the incidence
and prevalence of drug use and violence in elemen-
tary and secondary schools in the States. The collected
data shall include incident reports by schools officials,
anonymous student surveys, and anonymous teacher
surveys.
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‘‘(3) BIENNIAL REPORT.—Not later than Janu-
ary 1, 2003, and every 2 years thereafter, the Sec-
retary shall submit to the President and Congress a
report on the findings of the evaluation conducted
under paragraph (1) together with the data collected
under paragraph (2) and data available from other
sources on the incidence and prevalence, age of onset,
perception of health risk, and perception of social dis-
approval of drug use in elementary and secondary
schools in the States. The Secretary shall include data
submitted by the States pursuant to subsection
(b)(2)(B).
‘‘(b) STATE REPORT.—
‘‘(1) IN GENERAL.—By December 1, 2002, and
every 2 years thereafter, the chief executive officer of
the State, in cooperation with the State educational
agency, shall submit to the Secretary a report—
‘‘(A) on the implementation and outcomes
of State programs under section 4114 and sec-
tion 4113(b) and local educational agency pro-
grams under section 4113(d), as well as an as-
sessment of their effectiveness;
‘‘(B) on the State’s progress toward attain-
ing its goals for drug and violence prevention
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‘‘(2) AVAILABILITY.—Information under para-
graph (1) shall be made readily available to the pub-
lic.
‘‘(3) PROVISION OF DOCUMENTATION.—Not later
than January 1 of each year that a State is required
to report under subsection (b), the Secretary shall
provide to the State education agency all of the nec-
essary documentation required for compliance with
this section.
‘‘SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.
‘‘(a) GENERAL AUTHORITY.—From the funds made
available pursuant to section 4111(a)(4) to carry out this
section, the Secretary shall make grants to or enter into
cooperative agreements or contracts with organizations pri-
marily serving and representing Native Hawaiians to plan,
conduct, and administer programs, or portions thereof,
which are authorized by and consistent with the provisions
of this title for the benefit of Native Hawaiians.
‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the pur-
poses 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.
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‘‘Subpart 2—National Programs
‘‘SEC. 4121. FEDERAL ACTIVITIES.
‘‘(a) PROGRAM
AUTHORIZED.—From funds made
available to carry out this subpart under section 4004(2),
the Secretary, 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, students at
all educational levels from preschool through the post-sec-
ondary level. The Secretary shall carry out such programs
directly, or through grants, contracts, or cooperative agree-
ments with public and private entities and individuals, or
through agreements with other Federal agencies, and shall
coordinate such programs with other appropriate Federal
activities. Such programs may include—
‘‘(1) the development and demonstration of inno-
vative strategies for the voluntary training of school
personnel, parents, and members of the community,
including the demonstration of model preservice
training programs for prospective school personnel;
‘‘(2) demonstrations and rigorous evaluations of
innovative approaches to drug and violence preven-
tion;
‘‘(3) the provision of information on drug abuse
education and prevention to the Secretary of Health
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and Human Services for dissemination by the clear-
inghouse for alcohol and drug abuse information es-
tablished under section 501(d)(16) of the Public
Health Service Act;
‘‘(4) the provision of information on violence
prevention and education and school safety to the De-
partment of Justice, for dissemination by the Na-
tional Resource Center for Safe Schools as a national
clearinghouse on violence and school safety informa-
tion;
‘‘(5) the development of curricula related to child
abuse prevention and education and the training of
personnel to teach child abuse education and preven-
tion to elementary and secondary schoolchildren;
‘‘(6) program evaluations that address issues not
addressed under section 4117(a);
‘‘(7) direct services to schools and school systems
afflicted with especially severe drug and violence
problems or to support crisis situations and appro-
priate response efforts;
‘‘(8) activities in communities designated as em-
powerment zones or enterprise communities that will
connect schools to community-wide efforts to reduce
drug and violence problems;
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‘‘(9) developing and disseminating drug and vio-
lence 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 administrative ap-
proaches, security services, conflict resolution, peer
mediation, mentoring, the teaching of law and legal
concepts, and other activities designed to stop vio-
lence;
‘‘(11) the development of professional develop-
ment programs necessary for teachers, other educators,
and pupil services personnel to implement alternative
education supports, services, and programs for chron-
ically disruptive, drug-abusing, and violent students;
‘‘(12) the development, establishment, or im-
provement of alternative education models, either es-
tablished within a school or separate and apart from
an existing school, that are designed to promote drug
and violence prevention, reduce disruptive behavior,
to reduce the need for repeat suspensions and expul-
sions, to enable students to meet challenging State
academic standards, and to enable students to return
to the regular classroom as soon as possible;
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‘‘(13) the implementation of innovative activi-
ties, such as community service and service-learning
projects, designed to rebuild safe and healthy neigh-
borhoods and increase students’ sense of individual re-
sponsibility;
‘‘(14) grants to noncommercial telecommuni-
cations entities for the production and distribution of
national video-based projects that provide young peo-
ple with models for conflict resolution and responsible
decisionmaking;
‘‘(15) the development of education and training
programs, curricula, instructional materials, and
professional training and development for preventing
and reducing the incidence of crimes and conflicts
motivated by hate in localities most directly affected
by hate crimes; and
‘‘(16) other activities that meet unmet national
needs related to the purposes of this title.
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for funds under
this section.
‘‘SEC. 4122. NATIONAL COORDINATOR PROGRAM.
‘‘(a) IN GENERAL.—From amounts available to carry
out this section under section 4004(3), the Secretary shall
provide for the establishment of a National Coordinator
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Program under which the Secretary shall award grants to
local educational agencies for the hiring of drug prevention
and school safety program coordinators.
‘‘(b) USE
OF FUNDS.—Amounts received under a
grant under subsection (a) shall be used by local edu-
cational agencies to recruit, hire, and train individuals to
serve as drug prevention and school safety program coordi-
nators in schools with significant drug and school safety
problems. Such coordinators shall be responsible for devel-
oping, conducting, and analyzing assessments of drug and
crime problems at their schools, and administering the safe
and drug free grant program at such schools.
‘‘SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND COMMU-
NITIES ADVISORY COMMITTEE.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is hereby established
an advisory committee to be known as the ‘Safe and
Drug Free Schools and Communities Advisory Com-
mittee’ (referred to in this section as the ‘Advisory
Committee’) to—
‘‘(A) consult with the Secretary under sub-
section (b);
‘‘(B) coordinate Federal school- and com-
munity-based substance abuse and violence pre-
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vention programs and reduce duplicative re-
search or services;
‘‘(C) develop core data sets and evaluation
protocols for safe and drug free school- and com-
munity-based programs;
‘‘(D) provide technical assistance and train-
ing for safe and drug free school- and commu-
nity-based programs;
‘‘(E) provide for the diffusion of scientif-
ically based research to safe and drug free school-
and community-based programs; and
‘‘(F) review other regulations and standards
developed under this title.
‘‘(2) COMPOSITION.—The Advisory Committee
shall be composed of representatives from—
‘‘(A) the Department of Education;
‘‘(B) the Centers for Disease Control and
Prevention;
‘‘(C) the National Institute on Drug Abuse;
‘‘(D) the National Institute on Alcoholism
and Alcohol Abuse;
‘‘(E) the Center for Substance Abuse Pre-
vention;
‘‘(F) the Center for Mental Health Services;
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‘‘(G) the Office of Juvenile Justice and De-
linquency Prevention;
‘‘(H) the Office of National Drug Control
Policy;
‘‘(I) State and local governments, including
education agencies; and
‘‘(J) researchers and expert practitioners.
‘‘(3) CONSULTATION.—In carrying out its duties
under this section, the Advisory Committee shall an-
nually consult with interested State and local coordi-
nators of school- and community-based substance
abuse and violence prevention programs and other in-
terested groups.
‘‘(b) PROGRAMS.—
‘‘(1) IN GENERAL.—From amounts made avail-
able under section 4004(2) to carry out this subpart,
the Secretary, in consultation with the Advisory Com-
mittee, shall carry out scientifically based research
programs to strengthen the accountability and effec-
tiveness of the State, Governor’s, and national pro-
grams under this title.
‘‘(2) GRANTS, 
CONTRACTS
OR
COOPERATIVE
AGREEMENTS.—The Secretary shall carry out para-
graph (1) directly or through grants, contracts, or co-
operative agreements with public and private entities
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and individuals or through agreements with other
Federal agencies.
‘‘(3) COORDINATION.—The Secretary shall co-
ordinate programs under this section with other ap-
propriate Federal activities.
‘‘(4) ACTIVITIES.—Activities that may be carried
out under programs funded under this section may
include—
‘‘(A) the provision of technical assistance
and training, in collaboration with other Federal
agencies utilizing their expertise and national
and regional training systems, for Governors,
State educational agencies and local educational
agencies to support high quality, effective pro-
grams that—
‘‘(i) provide a thorough assessment of
the substance abuse and violence problem;
‘‘(ii) utilize objective data and the
knowledge of a wide range of community
members;
‘‘(iii) develop measurable goals and ob-
jectives; and
‘‘(iv) implement scientifically based re-
search activities that have been shown to be
effective and that meet identified needs;
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‘‘(B) the provision of technical assistance
and training to foster program accountability;
‘‘(C) the diffusion and dissemination of best
practices and programs;
‘‘(D) the development of core data sets and
evaluation tools;
‘‘(E) program evaluations;
‘‘(F) the provision of information on drug
abuse education and prevention to the Secretary
of Health and Human Services for dissemination
by the clearinghouse for alcohol and drug abuse
information established under section 501(d)(16)
of the Public Health Service Act; and
‘‘(G) other activities that meet unmet needs
related to the purposes of this title and that are
undertaken in consultation with the Advisory
Committee.
‘‘SEC. 4124. HATE CRIME PREVENTION.
‘‘(a) GRANT AUTHORIZATION.—From funds made
available to carry out this subpart under section 4004(2)
the Secretary may make grants to local educational agen-
cies and community-based organizations for the purpose of
providing assistance to localities most directly affected by
hate crimes.
‘‘(b) USE OF FUNDS.—
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‘‘(1) PROGRAM
DEVELOPMENT.—Grants under
this section may be used to improve elementary and
secondary educational efforts, including—
‘‘(A) development of education and training
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 development
for teachers and administrators on the causes, ef-
fects, and resolutions of hate crimes or hate-based
conflicts.
‘‘(2) IN GENERAL.—In order to be eligible to re-
ceive 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
Secretary may reasonably require.
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‘‘(3) REQUIREMENTS.—Each application under
paragraph (2) shall include—
‘‘(A) a request for funds for the purposes de-
scribed in this section;
‘‘(B) a description of the schools and com-
munities to be served by the grants; and
‘‘(C) assurances that Federal funds received
under this section shall be used to supplement,
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 con-
flict problems within the schools or the commu-
nity targeted for assistance;
‘‘(B) a description of the program to be de-
veloped or augmented by such Federal and
matching funds;
‘‘(C) assurances that such program or activ-
ity shall be administered by or under the super-
vision of the applicant;
‘‘(D) procedures for the proper and efficient
administration of such program; and
‘‘(E) fiscal control and fund accounting
procedures as may be necessary to ensure pru-
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dent use, proper disbursement, and accurate ac-
counting of funds received under this section.
‘‘(c) AWARD OF GRANTS.—
‘‘(1) SELECTION OF RECIPIENTS.—The Secretary
shall consider the incidence of crimes and conflicts
motivated by bias in the targeted schools and commu-
nities 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.
‘‘(d) REPORTS.—The Secretary shall submit to the
Congress a report every two years which shall contain a
detailed statement regarding grants and awards, activities
of grant recipients, and an evaluation of programs estab-
lished under this section.
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‘‘SEC. 4125. GRANTS TO COMBAT THE IMPACT OF EXPERI-
ENCING 
OR 
WITNESSING 
DOMESTIC 
VIO-
LENCE ON ELEMENTARY AND SECONDARY
SCHOOL CHILDREN.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) AUTHORITY.—The Secretary is authorized
to award grants and contracts to elementary schools
and secondary schools that work with experts to en-
able the elementary schools and secondary schools—
‘‘(A) to provide training to school adminis-
trators, faculty, and staff, with respect to issues
concerning children experiencing domestic vio-
lence in dating relationships and witnessing do-
mestic violence, and the impact of the violence
described in this subparagraph on children;
‘‘(B) to provide educational programming
to students regarding domestic violence and the
impact of experiencing or witnessing domestic
violence on children;
‘‘(C) to provide support services for students
and school personnel for the purpose of devel-
oping and strengthening effective prevention and
intervention strategies with respect to issues con-
cerning children experiencing domestic violence
in dating relationships and witnessing domestic
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violence, and the impact of the violence described
in this subparagraph on children; and
‘‘(D) to develop and implement school sys-
tem policies regarding appropriate, safe re-
sponses identification and referral procedures for
students who are experiencing or witnessing do-
mestic violence.
‘‘(2) AWARD BASIS.—The Secretary shall award
grants and contracts under this section—
‘‘(A) on a competitive basis; and
‘‘(B) in a manner that ensures that such
grants and contracts are equitably distributed
throughout a State among elementary schools
and secondary schools located in rural, urban,
and suburban areas in the State.
‘‘(3) POLICY
DISSEMINATION.—The Secretary
shall disseminate to elementary schools and secondary
schools any Department of Education policy guidance
regarding the prevention of domestic violence and the
impact of experiencing or witnessing domestic vio-
lence on children.
‘‘(b) USES OF FUNDS.—Funds provided under this sec-
tion may be used for the following purposes:
‘‘(1) To provide training for elementary school
and secondary school administrators, faculty, and
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staff that addresses issues concerning elementary
school and secondary school students who experience
domestic violence in dating relationships or witness
or experience family violence, and the impact of such
violence on the students.
‘‘(2) To provide education programs for elemen-
tary school and secondary school students that are de-
velopmentally appropriate for the students’ grade lev-
els and are designed to meet any unique cultural and
language needs of the particular student populations.
‘‘(3) To develop and implement elementary
school and secondary school system policies regarding
appropriate, safe responses, identification and refer-
ral procedures for students who are experiencing or
witnessing domestic violence and to develop and im-
plement policies on reporting and referral procedures
for these students.
‘‘(4) To provide the necessary human resources
to respond to the needs of elementary school and sec-
ondary school students and personnel who are faced
with the issue of domestic violence, such as a resource
person who is either on-site or on-call, and who is an
expert.
‘‘(5) To provide media center materials and edu-
cational materials to elementary schools and sec-
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ondary schools that address issues concerning children
who experience domestic violence in dating relation-
ships and witness domestic violence, and the impact
of the violence described in this paragraph on the
children.
‘‘(6) To conduct evaluations to assess the impact
of programs and policies assisted under this section
in order to enhance the development of the programs.
‘‘(c) CONFIDENTIALITY.—Policies, programs, training
materials, and evaluations developed and implemented
under subsection (b) shall address issues of safety and con-
fidentiality for the victim and the victim’s family in a
manner consistent with applicable Federal and State laws.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to be awarded
a grant or contract under this section for any fiscal
year, an elementary school or secondary school, in
consultation with an expert, shall submit an applica-
tion to the Secretary at such time and in such man-
ner as the Secretary shall prescribe.
‘‘(2) CONTENTS.—Each application submitted
under paragraph (1) shall—
‘‘(A) describe the need for funds provided
under the grant or contract and the plan for im-
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plementation of any of the activities described in
subsection (b);
‘‘(B) describe how the experts shall work in
consultation and collaboration with the elemen-
tary school or secondary school;
‘‘(C) provide measurable goals for and ex-
pected results from the use of the funds provided
under the grant or contract; and
‘‘(D) incorporate appropriate remuneration
for collaborating partners.
‘‘(e) APPLICABILITY.—The provisions of this part
(other than this section) shall not apply to this section.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) DOMESTIC VIOLENCE.—The term ‘domestic
violence’ has the meaning given that term in section
2003 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–2)).
‘‘(2) EXPERTS.—The term ‘experts’ means—
‘‘(A) experts on domestic violence, sexual as-
sault, and child abuse from the educational,
legal, youth, mental health, substance abuse, and
victim advocacy fields; and
‘‘(B) State and local domestic violence coa-
litions and community-based youth organiza-
tions.
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‘‘(3) WITNESS DOMESTIC VIOLENCE.—
‘‘(A) IN GENERAL.—The term ‘witness do-
mestic violence’ means to witness—
‘‘(i) an act of domestic violence that
constitutes actual or attempted physical as-
sault; or
‘‘(ii) a threat or other action that
places the victim in fear of domestic vio-
lence.
‘‘(B) WITNESS.—In subparagraph (A), the
term ‘witness’ means to—
‘‘(i) directly observe an act, threat, or
action described in subparagraph (A), or
the aftermath of that act, threat, or action;
or
‘‘(ii) be within earshot of an act,
threat, or action described in subparagraph
(A), or the aftermath of that act, threat, or
action.
‘‘SEC. 4126. SUICIDE PREVENTION PROGRAMS.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) AUTHORITY.—The Secretary is authorized
to award grants and contracts to elementary schools
and secondary schools for the purpose of—
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‘‘(A) developing and implementing suicide
prevention programs; and
‘‘(B) to provide training to school adminis-
trators, faculty, and staff, with respect to identi-
fying the warning signs of suicide and creating
a plan of action for helping those at risk.
‘‘(2) AWARD BASIS.—The Secretary shall award
grants and contracts under this section—
‘‘(A) on a competitive basis;
‘‘(B) in a manner that complies with the re-
quirements under subsection (c) of section 520E
of the Public Health Service Act; and
‘‘(C) in a manner that ensures that such
grants and contracts are equitably distributed
throughout a State among elementary schools
and secondary schools located in rural, urban,
and suburban areas in the State.
‘‘(3) POLICY
DISSEMINATION.—The Secretary
shall disseminate to elementary schools and secondary
schools any Department of Education policy guidance
regarding the prevention of suicide.
‘‘(b) USES OF FUNDS.—Funds provided under this sec-
tion may be used for the following purposes:
‘‘(1) To provide training for elementary school
and secondary school administrators, faculty, and
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staff with respect to identifying the warning signs of
suicide and creating a plan of action for helping
those at risk.
‘‘(2) To provide education programs for elemen-
tary school and secondary school students that are de-
velopmentally appropriate for the students’ grade lev-
els and are designed to meet any unique cultural and
language needs of the particular student populations.
‘‘(3) To conduct evaluations to assess the impact
of programs and policies assisted under this section
in order to enhance the development of the programs.
‘‘(c) CONFIDENTIALITY.—Policies, programs, training
materials, and evaluations developed and implemented
under subsection (b) shall address issues of safety and con-
fidentiality for the victim and the victim’s family in a
manner consistent with applicable Federal and State laws.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to be awarded
a grant or contract under this section for any fiscal
year, an elementary school or secondary school shall
submit an application to the Secretary at such time
and in such manner as the Secretary shall prescribe.
‘‘(2) CONTENTS.—Each application submitted
under paragraph (1) shall—
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‘‘(A) describe the need for funds provided
under the grant or contract and the plan for im-
plementation of any of the activities described in
subsection (b);
‘‘(B) provide measurable goals for and ex-
pected results from the use of the funds provided
under the grant or contract; and
‘‘(C) incorporate appropriate remuneration
for collaborating partners.
‘‘(e) APPLICABILITY.—The provisions of this part
(other than this section) shall not apply to this section.
‘‘SEC. 4127. GRANTS FOR THE INTEGRATION OF SCHOOLS
AND MENTAL HEALTH SYSTEMS.
‘‘(a) IN GENERAL.—The Secretary shall award grants,
contracts, or cooperative agreements to State educational
agencies, local educational agencies, or Indian tribes, for
the purpose of increasing student access to quality mental
health care by developing innovative programs to link local
school systems with the local mental health system.
‘‘(b) DURATION.—With respect to a grant, contract, or
cooperative agreement awarded under this section, the pe-
riod during which payments under such award are made
to the recipient may not exceed 5 years.
‘‘(c) INTERAGENCY AGREEMENTS.—
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‘‘(1) DESIGNATION OF LEAD AGENCY.—The re-
cipient of each grant, contract, or cooperative agree-
ment shall designate a lead agency to direct the estab-
lishment of an interagency agreement among local
educational agencies, juvenile justice authorities, men-
tal health agencies, and other relevant entities in the
State, in collaboration with local entities and parents
and guardians of students.
‘‘(2) CONTENTS.—The interagency agreement
shall ensure the provision of the services to a student
described in subsection (e) specifying with respect to
each agency, authority or entity—
‘‘(A) the financial responsibility for the
services;
‘‘(B) the conditions and terms of responsi-
bility for the services, including quality, account-
ability, and coordination of the services; and
‘‘(C) the conditions and terms of reimburse-
ment among the agencies, authorities or entities
that are parties to the interagency agreement,
including procedures for dispute resolution.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant, contract, or cooperative agreement under this
section, a State educational agency, local educational
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agency, or Indian tribe shall submit an application
to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary
may reasonably require.
‘‘(2) CONTENT.—An application submitted under
this section shall—
‘‘(A) describe the program to be funded
under the grant, contract, or cooperative agree-
ment;
‘‘(B) explain how such program will in-
crease access to quality mental health services for
students;
‘‘(C) explain how the applicant will estab-
lish a crisis intervention program to provide im-
mediate mental health services to the school com-
munity when necessary;
‘‘(D) provide assurances that—
‘‘(i) persons providing services under
the grant, contract or cooperative agreement
are adequately trained to provide such serv-
ices;
‘‘(ii) the services will be provided in
accordance with subsection (e); and
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‘‘(iii) teachers, principal administra-
tors, and other school personnel are aware
of the program;
‘‘(E) explain how the applicant will sup-
port and integrate existing school-based services
with the program to provide appropriate mental
health services for students; and
‘‘(F) explain how the applicant will estab-
lish a program that will support students and
the school in maintaining an environment con-
ducive to learning.
‘‘(e) USE OF FUNDS.—A State educational agency,
local educational agency, or Indian tribe, that receives a
grant, contract, or cooperative agreement under this section
shall use amounts made available through such grant, con-
tract or cooperative agreement to—
‘‘(1) enhance, improve, or develop collaborative
efforts between school-based service systems and men-
tal health service systems to provide, enhance, or im-
prove prevention, diagnosis, and treatment services to
students;
‘‘(2) enhance the availability of crisis interven-
tion services, appropriate referrals for students poten-
tially in need of mental health services and on going
mental health services;
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‘‘(3) provide training for the school personnel
and mental health professionals who will participate
in the program carried out under this section;
‘‘(4) provide technical assistance and consulta-
tion to school systems and mental health agencies and
families participating in the program carried out
under this section;
‘‘(5) provide linguistically appropriate and cul-
turally competent services; and
‘‘(6) evaluate the effectiveness of the program
carried out under this section in increasing student
access to quality mental health services, and make
recommendations to the Secretary about sustain-
ability of the program.
‘‘(f) DISTRIBUTION OF AWARDS.—The Secretary shall
ensure that grants, contracts, and cooperative agreements
awarded under subsection (a) are equitably distributed
among the geographical regions of the United States and
between urban and rural populations.
‘‘(g) 
OTHER
SERVICES.—Any 
services 
provided
through programs established under this section must sup-
plement and not supplant existing Mental Health Services,
including any services required to be provided under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.).
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‘‘(h) EVALUATION.—The Secretary shall evaluate each
program carried out by a State educational agency, local
educational agency, or Indian tribe, under this section and
shall disseminate the findings with respect to each such
evaluation to appropriate public and private entities.
‘‘(i) REPORTING.—Nothing in Federal law shall be
construed—
‘‘(1) to prohibit an entity involved with the pro-
gram from reporting a crime that is committed by a
student, to appropriate authorities; or
‘‘(2) to prevent State law enforcement and judi-
cial authorities from exercising their responsibilities
with regard to the application of Federal and State
law to crimes committed by a student.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section,
$50,000,000 for fiscal year 2002, and such sums as may
be necessary for fiscal years 2003 through 2005.
‘‘Subpart 3—General Provisions
‘‘SEC. 4131. DEFINITIONS.
‘‘In this part:
‘‘(1) COMMUNITY-BASED
ORGANIZATION.—The
term ‘community-based organization’ means a private
nonprofit organization which is representative of a
community or significant segments of a community
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and which provides educational or related services to
individuals in the community.
‘‘(2) DRUG
AND
VIOLENCE
PREVENTION.—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 and the use
of controlled, illegal, addictive, or harmful sub-
stances, 
including 
inhalants 
and 
anabolic
steroids;
‘‘(B) prevention, early intervention, smok-
ing cessation activities, or education, related to
the use of tobacco by children and youth eligible
for services under this title; and
‘‘(C) with respect to violence, the promotion
of school safety, such that students and school
personnel are free from violent and disruptive
acts, including sexual harassment and abuse,
and victimization associated with prejudice and
intolerance, on school premises, going to and
from school, and at school-sponsored activities,
through the creation and maintenance of a school
environment that is free of weapons and fosters
individual responsibility and respect for the
rights of others.
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‘‘(3) HATE CRIME.—The term ‘hate crime’ means
a crime as described in section 1(b) of the Hate Crime
Statistics Act of 1990.
‘‘(4) NONPROFIT.—The term ‘nonprofit’, as ap-
plied to a school, agency, organization, or institution
means a school, agency, organization, or institution
owned and operated by one or more nonprofit cor-
porations or associations, no part of the net earnings
of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
‘‘(5) OBJECTIVELY
MEASURABLE
GOALS.—The
term ‘objectively measurable goals’ means prevention
programming goals defined through use of quan-
titative epidemiological data measuring the preva-
lence of alcohol, tobacco, and other drug use, violence,
and the prevalence of risk and protective factors pre-
dictive of these behaviors, collected through a variety
of methods and sources known to provide high quality
data.
‘‘(6) PROTECTIVE FACTOR, BUFFER, OR ASSET.—
The terms ‘protective factor’, ‘buffer’, and ‘asset’ mean
any one of a number of the community, school, fam-
ily, or peer-individual domains that are known,
through prospective, longitudinal research efforts, or
which are grounded in a well-established theoretical
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model of prevention, and have been shown to prevent
alcohol, tobacco, or illicit drug use, as well as violent
behavior, by youth in the community, and which pro-
mote positive youth development.
‘‘(7) RISK
FACTOR.—The term ‘risk factor’
means any one of a number of characteristics of the
community, school, family, or peer-individual do-
mains that are known, through prospective, longitu-
dinal research efforts, to be predictive of alcohol, to-
bacco, and illicit drug use, as well as violent behavior,
by youth in the school and community.
‘‘(8) SCHOOL-AGED
POPULATION.—The term
‘school-aged population’ means the population aged
five through 17, as determined by the Secretary on the
basis of the most recent satisfactory data available
from the Department of Commerce.
‘‘(9) SCHOOL
PERSONNEL.—The term ‘school
personnel’ includes teachers, administrators, coun-
selors, social workers, psychologists, therapists, nurses,
librarians, and other support staff who are employed
by a school or who perform services for the school on
a contractual basis.
‘‘SEC. 4132. MATERIALS.
‘‘(a) ‘ILLEGAL AND HARMFUL’ MESSAGE.—Drug pre-
vention programs supported under this part shall convey
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a clear and consistent message that the illegal use of alcohol
and other drugs is illegal and harmful.
‘‘(b) CURRICULUM.—The Secretary shall not prescribe
the use of specific curricula for programs supported under
this part, but may evaluate the effectiveness of such cur-
ricula and other strategies in drug and violence prevention.
‘‘SEC. 4133. PROHIBITED USES OF FUNDS.
‘‘No funds under this part may be used for—
‘‘(1) construction (except for minor remodeling
needed to accomplish the purposes of this part); and
‘‘(2) medical services, drug treatment or rehabili-
tation, except for pupil services or referral to treat-
ment for students who are victims of or witnesses to
crime or who use alcohol, tobacco, or drugs.
‘‘SEC. 4134. QUALITY RATING.
‘‘(a) IN GENERAL.—The chief executive officer of each
State, or in the case of a State in which the constitution
or law of such State designates another individual, entity,
or agency in the State to be responsible for education activi-
ties, such individual, entity, or agency, is authorized and
encouraged—
‘‘(1) to establish a standard of quality for drug,
alcohol, and tobacco prevention programs imple-
mented in public elementary schools and secondary
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schools in the State in accordance with subsection (b);
and
‘‘(2) to identify and designate, upon application
by a public elementary school or secondary school,
any such school that achieves such standard as a
quality program school.
‘‘(b) CRITERIA.—The standard referred to in sub-
section (a) shall address, at a minimum—
‘‘(1) a comparison of the rate of illegal use of
drugs, alcohol, and tobacco by students enrolled in the
school for a period of time to be determined by the
chief executive officer of the State;
‘‘(2) the rate of suspensions or expulsions of stu-
dents enrolled in the school for drug, alcohol, or to-
bacco-related offenses;
‘‘(3) the effectiveness of the drug, alcohol, or to-
bacco prevention program as proven by research;
‘‘(4) the involvement of parents and community
members in the design of the drug, alcohol, and to-
bacco prevention program; and
‘‘(5) the extent of review of existing community
drug, alcohol, and tobacco prevention programs before
implementation of the public school program.
‘‘(c) REQUEST FOR QUALITY PROGRAM SCHOOL DES-
IGNATION.—A school that wishes to receive a quality pro-
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gram school designation shall submit a request and docu-
mentation of compliance with this section to the chief execu-
tive officer of the State or the individual, entity, or agency
described in subsection (a), as the case may be.
‘‘(d) PUBLIC NOTIFICATION.—Not less than once a
year, the chief executive officer of each State or the indi-
vidual, entity, or agency described in subsection (a), as the
case may be, shall make available to the public a list of
the names of each public school in the State that has re-
ceived a quality program school designation in accordance
with this section.
‘‘Subpart 4—State Grants To Encourage Community
Service by Expelled and Suspended Students
‘‘SEC. 4141. AUTHORIZATION OF APPROPRIATIONS.
‘‘In addition to amounts authorized to be appropriated
under section 4004, there are authorized to be appropriated
$50,000,000 for fiscal year 2002 for State grants to encour-
age States to carry out programs under which students ex-
pelled or suspended from schools in the States are required
to perform community service.
‘‘SEC. 4142. ALLOTMENTS.
‘‘(a) IN GENERAL.—From the amount made available
under section 4141, the Secretary shall allocate among the
States—
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‘‘(1) one-half according to the ratio between the
school-aged population of each State and the school-
aged population of all the States; and
‘‘(2) one-half according to the ratio between the
amount each State received under section 1124A for
the preceding year and the sum of such amounts re-
ceived by all the States.
‘‘(b) MINIMUM.—For any fiscal year, no State shall
be allotted under this section an amount that is less than
one-half of 1 percent of the total amount allotted to all the
States under this section.
‘‘(c) REALLOTMENT.—The Secretary may reallot any
amount of any allotment to a State if the Secretary deter-
mines that the State will be unable to use such amount
within 2 years of such allotment. Such reallotments shall
be made on the same basis as allotments are made under
subsection (a).
‘‘(d) DEFINITION.—In this section, the term ‘State’
means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.’’.
SEC. 402. GUN-FREE REQUIREMENTS.
Title IV (20 U.S.C. 7101 et seq.) is amended by adding
at the end the following:
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‘‘PART B—GUN POSSESSION
‘‘SEC. 4201. GUN-FREE REQUIREMENTS.
‘‘(a) SHORT TITLE.—This part may be cited as the
‘‘Gun-Free Schools Act of 1994’’.
‘‘(b) REQUIREMENTS.—
‘‘(1) IN GENERAL.—Each State receiving Federal
funds under this Act shall have in effect a State law
requiring local educational agencies to expel from
school for a period of not less than one year a student
who is determined to have brought a weapon to a
school, or to have possessed a weapon at a school,
under the jurisdiction of local educational agencies in
that State, except that such State law shall allow the
chief administering officer of a local educational
agency to modify such expulsion requirement for a
student on a case-by-case basis if such modification is
in writing.
‘‘(2) CONSTRUCTION.—Nothing in this part shall
be construed to prevent a State from allowing a local
educational agency that has expelled a student from
such a student’s regular school setting from providing
educational services to such student in an alternative
setting.
‘‘(3) DEFINITION.—For the purpose of this sec-
tion, the term ‘weapon’ means a firearm as such term
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is defined in section 921(a) of title 18, United States
Code.
‘‘(c) SPECIAL RULE.—The provisions of this section
shall be construed in a manner consistent with the Individ-
uals with Disabilities Education Act.
‘‘(d) REPORT
TO STATE.—Each local educational
agency requesting assistance from the State educational
agency that is to be provided from funds made available
to the State under this Act shall provide to the State, in
the application requesting such assistance—
‘‘(1) an assurance that such local educational
agency is in compliance with the State law required
by subsection (b); and
‘‘(2) a description of the circumstances sur-
rounding any expulsions imposed under the State law
required by subsection (b), including—
‘‘(A) the name of the school concerned;
‘‘(B) the number of students expelled from
such school; and
‘‘(C) the type of weapons concerned.
‘‘(e) REPORTING.—Each State shall report the infor-
mation described in subsection (d) to the Secretary on an
annual basis.
‘‘(f) DEFINITION.—In this section, the term ‘school’
means any setting that is under the control and supervision
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of the local educational agency for the purpose of student
activities approved and authorized by the local educational
agency.
‘‘(g) EXCEPTION.—Nothing in this section shall apply
to a weapon that is lawfully stored inside a locked vehicle
on school property, or if it is for activities approved and
authorized by the local educational agency and the local
educational agency adopts appropriate safeguards to ensure
student safety.
‘‘SEC. 4202. POLICY REGARDING CRIMINAL JUSTICE SYSTEM
REFERRAL.
‘‘(a) IN GENERAL.—No funds shall be made available
under this Act to any local educational agency unless such
agency has a policy requiring referral to the criminal jus-
tice or juvenile delinquency system of any student who
brings a weapon to a school, or is found to have possessed
a weapon at a school, served by such agency.
‘‘(b) DEFINITIONS.—For the purpose of this section:
‘‘(1) SCHOOL.—The term ‘school’ has the mean-
ing given to such term by section 921(a) of title 18,
United States Code.
‘‘(2) WEAPON.—The term ‘weapon’ has the
meaning given such term in section 4101(b)(3).’’.
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SEC. 403. SCHOOL SAFETY AND VIOLENCE PREVENTION.
(a) IN GENERAL.—Title IV (20 U.S.C. 7101 et seq.)
is further amended by adding at the end the following:
‘‘PART C—SCHOOL SAFETY AND VIOLENCE
PREVENTION
‘‘SEC. 4301. SCHOOL SAFETY AND VIOLENCE PREVENTION.
‘‘Subject to this title, and subpart 4 of part B of title
V, funds made available under this title and such subpart
may be used for—
‘‘(1) training, including in-service training, for
school personnel (including custodians and bus driv-
ers), with respect to—
‘‘(A) the identification of potential threats,
such as illegal weapons and explosive devices;
‘‘(B) crisis preparedness and intervention
procedures; and
‘‘(C) emergency response;
‘‘(2) training for parents, teachers, school per-
sonnel and other interested members of the commu-
nity regarding the identification and responses to
early warning signs of troubled and violent youth;
‘‘(3) innovative scientifically based research de-
linquency 
and 
violence 
prevention 
programs,
including—
‘‘(A) school antiviolence programs; and
‘‘(B) mentoring programs;
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‘‘(4) comprehensive security assessments;
‘‘(5) in accordance with section 4116(c), the pur-
chase of school security equipment and technologies
such as—
‘‘(A) metal detectors;
‘‘(B) electronic locks; and
‘‘(C) surveillance cameras;
‘‘(6) collaborative efforts with community-based
organizations, including faith-based organizations,
statewide consortia, and law enforcement agencies,
that have demonstrated expertise in providing effec-
tive, scientifically based research violence prevention
and intervention programs for school-aged children;
‘‘(7) providing assistance to States, local edu-
cation agencies, or schools to establish school uniform
policies;
‘‘(8) school resource officers, including commu-
nity policing officers; and
‘‘(9) other innovative, local responses that are
consistent with reducing incidents of school violence
and improving the educational atmosphere of the
classroom.
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‘‘SEC. 4302. SCHOOL UNIFORMS.
‘‘(a) CONSTRUCTION.—Nothing in this part shall be
construed to prohibit any State, local education agency, or
school from establishing a school uniform policy.
‘‘(b) FUNDING.—Subject to this title and subpart 4 of
part B of title V, funds provided under this title and such
subpart may be used for establishing a uniform policy.
‘‘SEC. 
4303. 
TRANSFER 
OF 
SCHOOL 
DISCIPLINARY
RECORDS.
‘‘(a) NONAPPLICATION OF PROVISIONS.—This section
shall not apply to any disciplinary records with respect to
a suspension or expulsion that are transferred from a pri-
vate, parochial or other nonpublic school, person, institu-
tion, or other entity, that provides education below the col-
lege level.
‘‘(b) DISCIPLINARY RECORDS.—In accordance with the
Family Educational Rights and Privacy Act of 1974 (20
U.S.C. 1232g), not later than 2 years after the date of enact-
ment of this part, each State receiving Federal funds under
this Act shall provide an assurance to the Secretary that
the State has a procedure in place to facilitate the transfer
of disciplinary records, with respect to a suspension or ex-
pulsion, by local educational agencies to any private or
public elementary school or secondary school for any stu-
dent who is enrolled or seeks, intends, or is instructed to
enroll, on a full- or part-time basis, in the school.
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‘‘SEC. 4304. CONFIDENTIAL REPORTING OF INDIVIDUALS
SUSPECTED 
OF 
IMMINENT 
SCHOOL 
VIO-
LENCE.
‘‘Subject to the provisions of this title and subpart 4
of part B of title V, funds made available under such titles
may be used to—
‘‘(1) support the independent State development
and operation of confidential, toll-free telephone hot-
lines that will operate 7 days per week, 24 hours per
day, in order to provide students, school officials, and
other individuals with the opportunity to report spe-
cific threats of imminent school violence or to report
other suspicious or criminal conduct by juveniles to
appropriate State and local law enforcement entities
for investigation;
‘‘(2) ensure proper State training of personnel to
answer and respond to telephone calls to hotlines de-
scribed in paragraph (1);
‘‘(3) assist in the acquisition of technology nec-
essary to enhance the effectiveness of hotlines described
in paragraph (1), including the utilization of Inter-
net web-pages or resources;
‘‘(4) enhance State efforts to offer appropriate
counseling services to individuals who call hotlines
described in paragraph (1) threatening to do harm to
themselves or others; and
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‘‘(5) further State effort to publicize services of-
fered by the hotlines described in paragraph (1) and
to encourage individuals to utilize those services.
‘‘SEC. 4305. SCHOOL SECURITY TECHNOLOGY AND RE-
SOURCE CENTER.
‘‘(a) CENTER.—The Attorney General, the Secretary of
Education, and the Secretary of Energy shall enter into an
agreement for the establishment at the Sandia National
Laboratories, in partnership with the National Law En-
forcement and Corrections Technology Center—Southeast
and the National Center for Rural Law Enforcement in
Little Rock, Arkansas, of a center to be known as the ‘School
Security Technology and Resource Center’.
‘‘(b) ADMINISTRATION.—The center established under
subsection (a) shall be administered by the Attorney Gen-
eral.
‘‘(c) FUNCTIONS.—The center established under sub-
section (a) shall be a resource to local educational agencies
for school security assessments, security technology develop-
ment, evaluation and implementation, and technical assist-
ance relating to improving school security. The center will
also conduct and publish school violence research, coalesce
data from victim communities, and monitor and report on
schools that implement school security strategies.
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‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section,
$4,750,000 for each of the fiscal years 2002, 2003, and 2004,
of which $2,000,000 shall be for Sandia National Labora-
tories in each fiscal year, $2,000,000 shall be for the Na-
tional Center for Rural Law Enforcement in each fiscal
year, and $750,000 shall be for the National Law Enforce-
ment and Corrections Technology Center—Southeast in
each fiscal year.
‘‘SEC. 4306. LOCAL SCHOOL SECURITY PROGRAMS.
‘‘(a) IN GENERAL.—
‘‘(1) GRANTS AUTHORIZED.—From amounts ap-
propriated under subsection (c), the Secretary shall
award grants on a competitive basis to local edu-
cational agencies to enable the agencies to acquire se-
curity technology for, or carry out activities related
to improving security at, the middle and secondary
schools served by the agencies, including obtaining
school security assessments, and technical assistance,
for the development of a comprehensive school security
plan from the School Security Technology and Re-
source Center.
‘‘(2) APPLICATION.—To be eligible to receive a
grant under this section, a local educational agency
shall submit to the Secretary an application in such
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form and containing such information as the Sec-
retary may require, including information relating to
the security needs of the agency.
‘‘(3) PRIORITY.—In awarding grants under this
section, the Secretary shall give priority to local edu-
cational agencies that demonstrate the highest secu-
rity needs, as reported by the agency in the applica-
tion submitted under paragraph (2).
‘‘(b) APPLICABILITY.—The provisions of this part
(other than this section) shall not apply to this section.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2002, 2003, and 2004.
‘‘SEC. 4307. SAFE AND SECURE SCHOOL ADVISORY REPORT.
‘‘Not later than 1 year after the date of enactment of
this Act, the Attorney General, in consultation with the Sec-
retary of Education and the Secretary of Energy, or their
designees, shall—
‘‘(1) develop a proposal to further improve school
security; and
‘‘(2) submit that proposal to Congress.’’.
(b) BACKGROUND CHECKS.—Section 5(9) of the Na-
tional Child Protection Act of 1993 (42 U.S.C. 5119c(9))
is amended—
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(1) in subparagraph (A)(i), by inserting ‘‘(in-
cluding an individual who is employed by a school in
any capacity, including as a child care provider, a
teacher, or another member of school personnel)’’ be-
fore the semicolon; and
(2) in subparagraph (B)(i), by inserting ‘‘(in-
cluding an individual who seeks to be employed by a
school in any capacity, including as a child care pro-
vider, a teacher, or another member of school per-
sonnel)’’ before the semicolon.
SEC. 404. SCHOOL SAFETY ENHANCEMENT.
Title IV (20 U.S.C. 7101 et seq.) is further amended
by adding at the end the following:
‘‘PART D—SCHOOL SAFETY ENHANCEMENT
‘‘SEC. 4401. SHORT TITLE.
‘‘This part may be cited as the ‘School Safety En-
hancement Act of 2001’.
‘‘SEC. 4402. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) While our Nation’s schools are still rel-
atively safe, it is imperative that schools be provided
with adequate resources to prevent incidents of vio-
lence.
‘‘(2) Approximately 10 percent of all public
schools reported at least 1 serious violent crime to a
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law enforcement agency over the course of the 1996–
1997 school year.
‘‘(3) In 1996, approximately 225,000 students
between the ages of 12 and 18 were victims of
nonfatal violent crime in schools in the United States.
‘‘(4) From 1992 through 1994, 76 students and
29 non-students were victims of murders or suicides
that were committed in schools in the United States.
‘‘(5) The school violence incidents in several
States across the Nation in 1998 and 1999 caused
enormous damage to schools, families, and whole com-
munities.
‘‘(6) Because of escalating school violence, the
children of the United States are increasingly afraid
that they will be attacked or harmed at school.
‘‘(7) A report issued by the Department of Edu-
cation in August, 1998, entitled ‘Early Warning,
Early Response’ concluded that the reduction and
prevention of school violence is best achieved through
safety plans which involve the entire community,
policies which emphasize both prevention and inter-
vention, training school personnel, parents, students,
and community members to recognize the early warn-
ing signs of potential violent behavior and to share
their concerns or observations with trained personnel,
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establishing procedures which allow rapid response
and intervention when early warning signs of violent
behavior are identified, and providing adequate sup-
port and access to services for troubled students.
‘‘SEC. 4403. NATIONAL CENTER FOR SCHOOL AND YOUTH
SAFETY.
‘‘(a) ESTABLISHMENT.—The Secretary of Education
and the Attorney General shall jointly establish a National
Center for School and Youth Safety (in this section referred
to as the ‘Center’). The Secretary of Education and the At-
torney General may establish the Center at an existing fa-
cility, if the facility has a history of performing two or more
of the duties described in subsection (b). The Secretary of
Education and the Attorney General shall jointly appoint
a Director of the Center to oversee the operation of the Cen-
ter.
‘‘(b) DUTIES.—The Center shall carry out emergency
response, anonymous student hotline, consultation, and in-
formation and outreach activities with respect to elemen-
tary and secondary school safety, including the following:
‘‘(1) EMERGENCY RESPONSE.—The staff of the
Center, and such temporary contract employees as the
Director of the Center shall determine necessary, shall
offer emergency assistance to local communities to re-
spond to school safety crises. Such assistance shall in-
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clude counseling for victims and the community, as-
sistance to law enforcement to address short-term se-
curity concerns, and advice on how to enhance school
safety, prevent future incidents, and respond to future
incidents.
‘‘(2) ANONYMOUS STUDENT HOTLINE.—The Cen-
ter shall establish a toll-free telephone number for stu-
dents to report criminal activity, threats of criminal
activity, and other high-risk behaviors such as sub-
stance abuse, gang or cult affiliation, depression, or
other warning signs of potentially violent behavior.
The Center shall relay the reports, without attribu-
tion, to local law enforcement or appropriate school
hotlines. The Director of the Center shall work with
the Attorney General to establish guidelines for Center
staff to work with law enforcement around the Nation
to relay information reported through the hotline.
‘‘(3) CONSULTATION.—The Center shall establish
a toll-free number for the public to contact staff of the
Center for consultation regarding school safety. The
Director of the Center shall hire administrative staff
and individuals with expertise in enhancing school
safety, including individuals with backgrounds in
counseling and psychology, education, law enforce-
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ment and criminal justice, and community develop-
ment to assist in the consultation.
‘‘(4) INFORMATION AND OUTREACH.—The Center
shall compile information about the best practices in
school violence prevention, intervention, and crisis
management, and shall serve as a clearinghouse for
model school safety program information. The staff of
the Center shall work to ensure local governments,
school officials, parents, students, and law enforce-
ment officials and agencies are aware of the resources,
grants, and expertise available to enhance school safe-
ty and prevent school crime. The staff of the Center
shall give special attention to providing outreach to
rural and impoverished communities.
‘‘(c) FUNDING.—There is authorized to be appro-
priated to carry out this section, $25,000,000 for fiscal year
2002 and such sums as may be necessary for each of fiscal
years 2003 through 2005.’’.
‘‘SEC. 4404. SAFE COMMUNITIES, SAFE SCHOOLS.
‘‘(a) GRANTS AUTHORIZED.—Using funds made avail-
able under subsection (c), the Secretary of Education, the
Secretary of Health and Human Services, and the Attorney
General shall award grants, on a competitive basis, to help
communities develop community-wide safety programs in-
volving students, parents, educators, guidance counselors,
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psychologists, law enforcement officials or agencies, civic
leaders, and other organizations serving the community.
‘‘(b) 
AUTHORIZED
ACTIVITIES.—Funds 
provided
under this section may be used for activities that may in-
clude efforts to—
‘‘(1) increase early intervention strategies;
‘‘(2) expand parental involvement;
‘‘(3) increase students’ awareness of warning
signs of violent behavior;
‘‘(4) promote students’ responsibility to report
the warning signs to appropriate persons;
‘‘(5) promote conflict resolution and peer medi-
ation programs;
‘‘(6) increase the number of after-school pro-
grams;
‘‘(7) expand the use of safety-related equipment
and technology; and
‘‘(8) expand students’ access to mental health
services.
‘‘(c) FUNDING.—There is authorized to be appro-
priated to carry out this section, $24,000,000 for fiscal year
2002 and such sums as may be necessary for each of fiscal
years 2003 through 2005.’’.
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SEC. 405. AMENDMENTS TO THE NATIONAL CHILD PROTEC-
TION ACT OF 1993.
Section 5(10) of the National Child Protection Act of
1993 (42 U.S.C. 5119c(10)) is amended to read as follows:
‘‘(10) the term ‘qualified entity’ means—
‘‘(A) a business or organization, whether
public, private, for-profit, not-for-profit, or vol-
untary, that provides care or care placement
services, including a business or organization
that licenses or certifies others to provide care or
care placement services; or
‘‘(B) an elementary or secondary school.’’.
SEC. 406. ENVIRONMENTAL TOBACCO SMOKE.
Title IV (20 U.S.C. 7101 et seq.) is further amended
by adding at the end the following:
‘‘PART E—ENVIRONMENTAL TOBACCO SMOKE
‘‘SEC. 4501. SHORT TITLE.
‘‘This part may be cited as the ‘Pro-Children Act of
2001’.
‘‘SEC. 4502. DEFINITIONS.
‘‘As used in this part:
‘‘(1) CHILDREN.—The term ‘children’ means in-
dividuals who have not attained the age of 18.
‘‘(2) CHILDREN’S
SERVICES.—The term ‘chil-
dren’s services’ means the provision on a routine or
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regular basis of health, day care, education, or library
services—
‘‘(A) that are funded, after the date of en-
actment of the Better Education for Students
and Teachers Act, directly by the Federal Gov-
ernment or through State or local governments,
by Federal grant, loan, loan guarantee, or con-
tract programs—
‘‘(i) administered by either the Sec-
retary of Health and Human Services or
the Secretary of Education (other than serv-
ices provided and funded solely under titles
XVIII and XIX of the Social Security Act);
or
‘‘(ii) administered by the Secretary of
Agriculture in the case of a clinic (as de-
fined in part 246.2 of title 7, Code of Fed-
eral Regulations (or any corresponding
similar regulation or ruling)) under section
17(b)(6) of the Child Nutrition Act of 1966;
or
‘‘(B) that are provided in indoor facilities
that are constructed, operated, or maintained
with such Federal funds, as determined by the
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appropriate head of a Federal agency in any en-
forcement action carried out under this part,
except that nothing in clause (ii) of subparagraph (A)
is intended to include facilities (other than clinics)
where coupons are redeemed under the Child Nutri-
tion Act of 1966.
‘‘(3) INDOOR FACILITY.—The term ‘indoor facil-
ity’ means a building that is enclosed.
‘‘(4) PERSON.—The term ‘person’ means any
State or local subdivision of a State, agency of such
State or subdivision, corporation, or partnership that
owns or operates or otherwise controls and provides
children’s services or any individual who owns or op-
erates or otherwise controls and provides such serv-
ices.
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of Health and Human Services.
‘‘SEC. 4503. NONSMOKING POLICY FOR CHILDREN’S SERV-
ICES.
‘‘(a) PROHIBITION.—After the date of enactment of the
Better Education for Students and Teachers Act, no person
receiving funds pursuant to this Act, shall permit smoking
within any indoor facility owned or leased or contracted
for, and utilized, by such person for provision of routine
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or regular kindergarten, elementary, or secondary education
or library services to children.
‘‘(b) ADDITIONAL PROHIBITION.—
‘‘(1) IN GENERAL.—After the date of enactment
of the Better Education for Students and Teachers
Act, no person receiving funds pursuant to this Act,
shall permit smoking within any indoor facility (or
portion of such a facility) owned or leased or con-
tracted for, and utilized by, such person for the provi-
sion of regular or routine health care or day care or
early childhood development (Head Start) services.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to—
‘‘(A) any portion of such facility that is
used for inpatient hospital treatment of individ-
uals dependent on, or addicted to, drugs or alco-
hol; and
‘‘(B) any private residence.
‘‘(c) FEDERAL AGENCIES.—
‘‘(1) KINDERGARTEN, ELEMENTARY, OR
SEC-
ONDARY
EDUCATION
OR
LIBRARY
SERVICES.—After
the date of enactment of the Better Education for Stu-
dents and Teachers Act, no Federal agency shall per-
mit smoking within any indoor facility in the United
States operated by such agency, directly or by con-
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tract, to provide routine or regular kindergarten, ele-
mentary, or secondary education or library services to
children.
‘‘(2) HEALTH OR DAY CARE OR EARLY CHILD-
HOOD DEVELOPMENT SERVICES.—
‘‘(A) IN GENERAL.—After the date of enact-
ment of the Better Education for Students and
Teachers Act, no Federal agency shall permit
smoking within any indoor facility (or portion
of such facility) operated by such agency, di-
rectly or by contract, to provide routine or reg-
ular health or day care or early childhood devel-
opment (Head Start) services to children.
‘‘(B) EXCEPTION.—Subparagraph (A) shall
not apply to—
‘‘(i) any portion of such facility that is
used for inpatient hospital treatment of in-
dividuals dependent on, or addicted to,
drugs or alcohol; and
‘‘(ii) any private residence.
‘‘(3) APPLICATION OF PROVISIONS.—The provi-
sions of paragraph (2) shall also apply to the provi-
sion of such routine or regular kindergarten, elemen-
tary or secondary education or library services in the
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facilities described in paragraph (2) not subject to
paragraph (1).
‘‘(d) NOTICE.—The prohibitions in subsections (a)
through (c) shall be published in a notice in the Federal
Register by the Secretary (in consultation with the heads
of other affected agencies) and by such agency heads in
funding arrangements involving the provision of children’s
services administered by such heads. Such prohibitions shall
be effective 90 days after such notice is published, or 270
days after the date of enactment of the Better Education
for Students and Teachers Act, whichever occurs first.
‘‘(e) CIVIL PENALTIES.—
‘‘(1) IN GENERAL.—Any failure to comply with
a prohibition in this section shall be considered to be
a violation of this section and any person subject to
such prohibition who commits such violation may be
liable to the United States for a civil penalty in an
amount not to exceed $1,000 for each violation, or
may be subject to an administrative compliance
order, or both, as determined by the Secretary. Each
day a violation continues shall constitute a separate
violation. In the case of any civil penalty assessed
under this section, the total amount shall not exceed
fifty percent of the amount of Federal funds received
under the Better Education for Students and Teachers
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Act by such person for the fiscal year in which the
continuing violation occurred. For the purpose of the
prohibition in subsection (c), the term ‘person’, as
used in this paragraph, shall mean the head of the
applicable Federal agency or the contractor of such
agency providing the services to children.
‘‘(2) ADMINISTRATIVE
PROCEEDING.—A civil
penalty may be assessed in a written notice, or an
administrative compliance order may be issued under
paragraph (1), by the Secretary only after an oppor-
tunity for a hearing in accordance with section 554
of title 5, United States Code. Before making such as-
sessment or issuing such order, or both, the Secretary
shall give written notice of the assessment or order to
such person by certified mail with return receipt and
provide information in the notice of an opportunity
to request in writing, not later than 30 days after the
date of receipt of such notice, such hearing. The notice
shall reasonably describe the violation and be accom-
panied with the procedures for such hearing and a
simple form that may be used to request such hearing
if such person desires to use such form. If a hearing
is requested, the Secretary shall establish by such cer-
tified notice the time and place for such hearing,
which shall be located, to the greatest extent possible,
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at a location convenient to such person. The Secretary
(or the Secretary’s designee) and such person may
consult to arrange a suitable date and location where
appropriate.
‘‘(3) CIRCUMSTANCES
AFFECTING
PENALTY
OR
ORDER.—In determining the amount of the civil pen-
alty or the nature of the administrative compliance
order, the Secretary shall take into account, as
appropriate—
‘‘(A) the nature, circumstances, extent, and
gravity of the violation;
‘‘(B) with respect to the violator, any good
faith efforts to comply, the importance of achiev-
ing early and permanent compliance, the ability
to pay or comply, the effect of the penalty or
order on the ability to continue operation, any
prior history of the same kind of violation, the
degree of culpability, and any demonstration of
willingness to comply with the prohibitions of
this section in a timely manner; and
‘‘(C) such other matters as justice may re-
quire.
‘‘(4) MODIFICATION.—The Secretary may, as ap-
propriate, compromise, modify, or remit, with or
without conditions, any civil penalty or administra-
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tive compliance order. In the case of a civil penalty,
the amount, as finally determined by the Secretary or
agreed upon in compromise, may be deducted from
any sums that the United States or the agencies or
instrumentalities of the United States owe to the per-
son against whom the penalty is assessed.
‘‘(5) PETITION FOR REVIEW.—Any person ag-
grieved by a penalty assessed or an order issued, or
both, by the Secretary under this section may file a
petition for judicial review of the order with the
United States Court of Appeals for the District of Co-
lumbia Circuit or for any other circuit in which the
person resides or transacts business. Such person shall
provide a copy of the petition to the Secretary or the
Secretary’s designee. The petition shall be filed within
30 days after the Secretary’s assessment or order, or
both, are final and have been provided to such person
by certified mail. The Secretary shall promptly pro-
vide to the court a certified copy of the transcript of
any hearing held under this section and a copy of the
notice or order.
‘‘(6) FAILURE TO COMPLY.—If a person fails to
pay an assessment of a civil penalty or comply with
an order, after the assessment or order, or both, are
final under this section, or after a court has entered
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a final judgment under paragraph (5) in favor of the
Secretary, the Attorney General, at the request of the
Secretary, shall recover the amount of the civil pen-
alty (plus interest at prevailing rates from the day
the assessment or order, or both, are final) or enforce
the order in an action brought in the appropriate dis-
trict court of the United States. In such action, the
validity and appropriateness of the penalty or order
or the amount of the penalty shall not be subject to
review.
‘‘SEC. 4504. PREEMPTION.
‘‘Nothing in this part is intended to preempt any pro-
vision of law of a State or political subdivision of a State
that is more restrictive than a provision of this part.’’.
SEC. 407. GRANTS TO REDUCE ALCOHOL ABUSE.
Title IV (20 U.S.C. 7101 et seq.) is further amended
by adding at the end the following:
‘‘PART F—GRANTS TO REDUCE ALCOHOL ABUSE
‘‘SEC. 4601. GRANTS TO REDUCE ALCOHOL ABUSE.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with the Administrator of the Substance Abuse and Mental
Health Services Administration, shall award grants, on a
competitive basis, to local educational agencies to enable
such agencies to develop and implement innovative and ef-
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fective programs to reduce alcohol abuse in secondary
schools.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant
under subsection (a), a local educational agency shall pre-
pare and submit to the Secretary an application at such
time, in such manner, and containing such information as
the Secretary may require, including—
‘‘(1) a description of the activities to be carried
out under the grant;
‘‘(2) an assurance that such activities will in-
clude 1 or more of the proven strategies for reducing
underage alcohol abuse as determined by the Sub-
stance Abuse and Mental Health Services Administra-
tion;
‘‘(3) an explanation of how activities to be car-
ried under the grant that are not described in para-
graph (2) will be effective in reducing underage alco-
hol abuse, including references to the past effectiveness
of such activities;
‘‘(4) an assurance that the applicant will submit
to the Secretary an annual report concerning the ef-
fectiveness of the programs and activities funded
under the grant; and
‘‘(5) such other information as the Secretary de-
termines appropriate.
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‘‘(c) STREAMLINING OF PROCESS FOR LOW-INCOME
AND RURAL LEAS.—The Secretary, in consultation with
the Administrator of the Substance Abuse and Mental
Health Services Administration, shall develop procedures to
make the application process for grants under this section
more user-friendly, particularly for low-income and rural
local educational agencies.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section, $25,000,000 for
fiscal year 2002, and such sums as may be necessary
in each of the 6 subsequent fiscal years.
‘‘(2) RESERVATIONS.—
‘‘(A) SAMHSA.—The Secretary shall reserve
20 percent of the amount appropriated for each
fiscal year under paragraph (1) to enable the
Administrator of the Substance Abuse and Men-
tal Health Services Administration to provide
alcohol abuse resources and start-up assistance to
local educational agencies receiving grants under
this section.
‘‘(B) LOW-INCOME AND RURAL AREAS.—The
Secretary shall reserve 25 percent of the amount
appropriated for each fiscal year under para-
graph (1) to award grants under this section to
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low-income and rural local educational agen-
cies.’’.
SEC. 408. MENTORING PROGRAMS.
(a) IN GENERAL.—Title IV of Elementary and Sec-
ondary Education Act of 1965 is further amended by add-
ing at the end the following:
‘‘PART G—MENTORING PROGRAMS
‘‘SEC. 4701. DEFINITIONS.
‘‘In this part:
‘‘(1) CHILD WITH GREATEST NEED.—The term
‘child with greatest need’ means a child at risk of
educational failure, dropping out of school, or involve-
ment in criminal or delinquent activities, or that has
lack of strong positive adult role models.
‘‘(2) MENTOR.—The term ‘mentor’ means an in-
dividual who works with a child to provide a positive
role model for the child, to establish a supportive rela-
tionship with the child, and to provide the child with
academic assistance and exposure to new experiences
and examples of opportunity that enhance the ability
of the child to become a responsible adult.
‘‘(3) STATE.—The term ‘State’ means each of the
several States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam,
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American Samoa, and the Commonwealth of the
Northern Mariana Islands.
‘‘SEC. 4702. PURPOSES.
‘‘The purposes of this part are to make assistance
available to promote mentoring programs for children with
greatest need—
‘‘(1) to assist such children in receiving support
and guidance from a caring adult;
‘‘(2) to improve the academic performance of
such children;
‘‘(3) to improve interpersonal relationships be-
tween such children and their peers, teachers, other
adults, and family members;
‘‘(4) to reduce the dropout rate of such children;
and
‘‘(5) to reduce juvenile delinquency and involve-
ment in gangs by such children.
‘‘SEC. 4703. GRANT PROGRAM.
‘‘(a) IN GENERAL.—In accordance with this section,
the Secretary may make grants to eligible entities to assist
such entities in establishing and supporting mentoring pro-
grams and activities that—
‘‘(1) are designed to link children with greatest
need (particularly such children living in rural areas,
high crime areas, or troubled home environments, or
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such children experiencing educational failure) with
responsible adults, who—
‘‘(A) have received training and support in
mentoring;
‘‘(B) have been screened using appropriate
reference checks, child and domestic abuse record
checks, and criminal background checks; and
‘‘(C) are interested in working with youth;
and
‘‘(2) are intended to achieve 1 or more of the fol-
lowing goals:
‘‘(A) Provide general guidance to children
with greatest need.
‘‘(B) Promote personal and social responsi-
bility among children with greatest need.
‘‘(C) Increase participation by children
with greatest need in, and enhance their ability
to benefit from, elementary and secondary edu-
cation.
‘‘(D) Discourage illegal use of drugs and al-
cohol, violence, use of dangerous weapons, pro-
miscuous behavior, and other criminal, harmful,
or potentially harmful activity by children with
greatest need.
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‘‘(E) Encourage children with greatest need
to participate in community service and commu-
nity activities.
‘‘(F) Encourage children with greatest need
to set goals for themselves or to plan for their fu-
tures, including encouraging such children to
make graduation from secondary school a goal
and to make plans for postsecondary education
or training.
‘‘(G) Discourage involvement of children
with greatest need in gangs.
‘‘(b) ELIGIBLE ENTITIES.—Each of the following is an
entity eligible to receive a grant under subsection (a):
‘‘(1) A local educational agency.
‘‘(2) A nonprofit, community-based organization.
‘‘(3) A partnership between an agency referred to
in paragraph (1) and an organization referred to in
paragraph (2).
‘‘(c) USE OF FUNDS.—
‘‘(1) IN
GENERAL.—Each entity receiving a
grant under this section shall use the grant funds for
activities that establish or implement a mentoring
program, including—
‘‘(A) hiring of mentoring coordinators and
support staff;
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‘‘(B) providing for the professional develop-
ment of mentoring coordinators and support
staff;
‘‘(C) recruitment, screening, and training of
adult mentors;
‘‘(D) reimbursement of schools, if appro-
priate, for the use of school materials or supplies
in carrying out the program;
‘‘(E) dissemination of outreach materials;
‘‘(F) evaluation of the program using sci-
entifically based methods; and
‘‘(G) such other activities as the Secretary
may reasonably prescribe by rule.
‘‘(2) PROHIBITED USES.—Notwithstanding para-
graph (1), an entity receiving a grant under this sec-
tion may not use the grant funds—
‘‘(A) to directly compensate mentors;
‘‘(B) to obtain educational or other mate-
rials or equipment that would otherwise be used
in the ordinary course of the entity’s operations;
‘‘(C) to support litigation of any kind; or
‘‘(D) for any other purpose reasonably pro-
hibited by the Secretary by rule.
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‘‘(d) TERM OF GRANT.—Each grant made under this
section shall be available for expenditure for a period of
3 years.
‘‘(e) APPLICATION.—Each eligible entity seeking a
grant under this section shall submit to the Secretary an
application that includes—
‘‘(1) a description of the mentoring plan the ap-
plicant proposes to carry out with such grant;
‘‘(2) information on the children expected to be
served by the mentoring program for which such
grant is sought;
‘‘(3) a description of the mechanism that appli-
cant will use to match children with mentors based
on the needs of the children;
‘‘(4) an assurance that no mentor will be as-
signed to mentor so many children that the assign-
ment would undermine either the mentor’s ability to
be an effective mentor or the mentor’s ability to estab-
lish a close relationship (a one-on-one relationship,
where practicable) with each mentored child;
‘‘(5) an assurance that mentoring programs will
provide children with a variety of experiences and
support, including—
‘‘(A) emotional support;
‘‘(B) academic assistance; and
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‘‘(C) exposure to experiences that children
might not otherwise encounter on their own;
‘‘(6) an assurance that mentoring programs will
be monitored to ensure that each child assigned a
mentor benefits from that assignment and that there
will be a provision for the assignment of a new men-
tor if the relationship between the original mentor is
not beneficial to the child;
‘‘(7) information on the method by which men-
tors and children will be recruited to the mentor pro-
gram;
‘‘(8) information on the method by which pro-
spective mentors will be screened;
‘‘(9) information on the training that will be
provided to mentors; and
‘‘(10) information on the system that the appli-
cant will use to manage and monitor information re-
lating to the program’s reference checks, child and do-
mestic abuse record checks, and criminal background
checks and to its procedure for matching children
with mentors.
‘‘(f) SELECTION.—
‘‘(1) COMPETITIVE BASIS.—In accordance with
this subsection, the Secretary shall select grant recipi-
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ents from among qualified applicants on a competi-
tive basis.
‘‘(2) PRIORITY.—In selecting grant recipients
under paragraph (1), the Secretary shall give priority
to each applicant that—
‘‘(A) serves children with greatest need liv-
ing in rural areas, high crime areas, or troubled
home environments, or who attend schools with
violence problems;
‘‘(B) provides background screening of men-
tors, training of mentors, and technical assist-
ance in carrying out mentoring programs;
‘‘(C) proposes a mentoring program under
which each mentor will be assigned to not more
children than the mentor can serve effectively; or
‘‘(D) proposes a school-based mentoring pro-
gram.
‘‘(3) OTHER
CONSIDERATIONS.—In selecting
grant recipients under paragraph (1), the Secretary
shall also consider—
‘‘(A) the degree to which the location of the
programs proposed by each applicant contributes
to a fair distribution of programs with respect to
urban and rural locations;
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‘‘(B) the quality of the mentoring programs
proposed by each applicant, including—
‘‘(i) the resources, if any, the applicant
will dedicate to providing children with op-
portunities for job training or postsec-
ondary education;
‘‘(ii) the degree to which parents,
teachers, community-based organizations,
and the local community have participated,
or will participate, in the design and im-
plementation of the applicant’s mentoring
program;
‘‘(iii) the degree to which the applicant
can ensure that mentors will develop long-
standing relationships with the children
they mentor;
‘‘(iv) the degree to which the applicant
will serve children with greatest need in the
4th, 5th, 6th, 7th, and 8th grades; and
‘‘(v) the degree to which the program
will continue to serve children from the 4th
grade through graduation from secondary
school; and
‘‘(C) the capability of each applicant to ef-
fectively implement its mentoring program.
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‘‘(4) GRANT TO EACH STATE.—Notwithstanding
any other provision of this subsection, in selecting
grant recipients under paragraph (1), the Secretary
shall select not less than 1 grant recipient from each
State for which there is a qualified applicant.
‘‘(g) MODEL SCREENING GUIDELINES.—
‘‘(1) IN GENERAL.—Based on model screening
guidelines developed by the Office of Juvenile Pro-
grams of the Department of Justice, the Secretary
shall develop and distribute to program participants
specific model guidelines for the screening of mentors
who seek to participate in programs to be assisted
under this part.
‘‘(2) BACKGROUND CHECKS.—The guidelines de-
veloped under this subsection shall include, at a min-
imum, a requirement that potential mentors be sub-
ject to reference checks, child and domestic abuse
record checks, and criminal background checks.
‘‘SEC. 4704. STUDY BY GENERAL ACCOUNTING OFFICE.
‘‘(a) IN GENERAL.—The Comptroller General of the
United States shall conduct a study to identify successful
school-based mentoring programs, and the elements, poli-
cies, or procedures of such programs that can be replicated.
‘‘(b) REPORT.—Not later than 3 years after the date
of the enactment of this part, the Comptroller General shall
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submit a report to the Secretary and Congress containing
the results of the study conducted under this section.
‘‘(c) USE OF INFORMATION.—The Secretary shall use
information contained in the report referred to in sub-
section (b)—
‘‘(1) to improve the quality of existing mentoring
programs assisted under this part and other men-
toring programs assisted under this Act; and
‘‘(2) to develop models for new programs to be
assisted or carried out under this Act.
‘‘SEC. 4705. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
section 4703 $50,000,000 for fiscal year 2002 and such
sums as may be necessary for each of fiscal years 2003
through 2006.’’.
(b) GRANT
FOR TRAINING
AND TECHNICAL SUP-
PORT.—
(1) IN GENERAL.—The Secretary of Education
shall make a grant, in such amount as the Secretary
considers appropriate, to Big Brothers Big Sisters of
America for the purpose of providing training and
technical support to grant recipients under part E of
title IV of the Elementary and Secondary Education
Act of 1965, as added by subsection (a), through the
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existing system regional mentoring development cen-
ters specified in paragraph (2).
(2) REGIONAL MENTORING DEVELOPMENT CEN-
TERS.—The regional mentoring development centers
referred to in this paragraph are regional mentoring
development centers located as follows:
(A) In Phoenix, Arizona.
(B) In Atlanta, Georgia.
(C) In Boston, Massachusetts.
(D) In St. Louis, Missouri.
(E) In Columbus, Ohio.
(F) In Philadelphia, Pennsylvania.
(G) In Dallas, Texas.
(H) In Seattle, Washington.
(3) PURPOSE.—The purpose of the training and
technical support provided through the grant under
this subsection is to enable grant recipients to design,
develop, and implement quality mentoring programs
with the capacity to be sustained beyond the term of
the grant.
(4) SERVICES.—The training and technical sup-
port provided through the grant under this subsection
shall include—
(A) professional training for staff;
(B) program development and management;
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(C) strategic fund development;
(D) mentor development; and
(E) marketing and communications.
(5) FUNDING.—Amounts the grant under this
subsection shall be derived from the amount author-
ized to be appropriated by section 4705 of the Ele-
mentary and Secondary Education Act of 1965, as
added by subsection (a), for fiscal year 2002.
SEC. 409. STUDY CONCERNING THE HEALTH AND LEARN-
ING IMPACTS OF DILAPIDATED OR ENVIRON-
MENTALLY 
UNHEALTHY 
PUBLIC 
SCHOOL
BUILDINGS ON AMERICA’S CHILDREN AND
THE HEALTHY AND HIGH PERFORMANCE
SCHOOLS PROGRAM.
Title IV, as amended by this title, is further amended
by adding at the end the following:
‘‘PART H—MISCELLANEOUS PROVISIONS
‘‘SEC. 4801. STUDY CONCERNING THE HEALTH AND LEARN-
ING IMPACTS OF DILAPIDATED OR ENVIRON-
MENTALLY 
UNHEALTHY 
PUBLIC 
SCHOOL
BUILDINGS ON AMERICA’S CHILDREN.
‘‘(a) STUDY AUTHORIZED.—The Secretary of Edu-
cation, in conjunction with the Director of the Centers for
Disease Control and Prevention and in consultation with
the Administrator of the Environmental Protection Agency
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and the Secretary of Energy, shall conduct a study on the
health and learning impacts of dilapidated or environ-
mentally unhealthy public school buildings on children that
have attended or are attending such schools.
‘‘(b) STUDY SPECIFICATIONS.—The following informa-
tion shall be included in the study conducted under sub-
section (a):
‘‘(1) The characteristics of public elementary and
secondary 
school 
buildings 
that 
contribute 
to
unhealthy school environments, including the preva-
lence of such characteristics in public elementary and
secondary school buildings. Such characteristics may
include school buildings that—
‘‘(A) have been built on contaminated prop-
erty;
‘‘(B) have poor in-door air quality;
‘‘(C) have high occurrences of mold;
‘‘(D) have ineffective ventilation, heating or
cooling systems, inadequate lighting, drinking
water that does not meet health-based standards,
infestations of rodents, insects, or other animals
that may carry or cause disease;
‘‘(E) have dust or debris from crumbling
structures or construction efforts; and
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‘‘(F) have been subjected to use of pesticides,
insecticides, chemicals, or cleaners, lead-based
paint, or asbestos or have radon or other haz-
ardous substances prohibited by Federal or State
codes.
‘‘(2) The health and learning impacts of dilapi-
dated or environmental unhealthy public school build-
ings on students that are attending or that have at-
tended a school described in subsection (a), including
information on the rates of such impacts where avail-
able. Such health impacts may include higher than
expected incidence of injury, infectious disease, or
chronic disease, such as asthma, allergies, elevated
blood lead levels, behavioral disorders, or ultimately
cancer. Such learning impacts may include lower lev-
els of student achievement, inability of students to
concentrate, and other educational indicators.
‘‘(3) Recommendations to Congress on how to as-
sist schools that are out of compliance with Federal
or State codes or in need of assistance to achieve
healthy and safe school environments, how to improve
the overall monitoring of public school building
health, and a cost estimate of bringing all public
schools up to such standards.
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‘‘(4) The identification of the existing gaps in
information regarding the health of public elementary
and secondary school buildings and the health and
learning impacts on students that attend dilapidated
or environmentally unhealthy public schools, includ-
ing recommendations for obtaining such information.
‘‘(5) The capacity (such as the district bonded
indebtedness or the indebtedness authorized by the dis-
trict electorate and payable from the general property
taxes levied by the district) of public schools that are
dilapidated or environmentally unhealthy to provide
additional funds to meet some or all of the school’s
renovation, repair, or construction needs.
‘‘(6) The degree to which funds expended by pub-
lic schools to implement improvements or to address
the conditions examined under this study are, or have
been, appropriately managed by the legally respon-
sible entities.
‘‘(c) STUDY COMPLETION.—The study under sub-
section (a) shall be completed by the earlier of—
‘‘(1) not later than 18 months after the date of
enactment of this Act; or
‘‘(2) not later than December 31, 2002.
‘‘(d) PUBLIC DISSEMINATION.—The Secretary shall
make the study under this section available for public con-
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sumption through the Educational Resources Information
Center National Clearinghouse for Educational Facilities
of the Department of Education.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $2,000,000 for fiscal year
2002 for the conduct of the study under subsection (a).
‘‘SEC. 4802. HEALTHY AND HIGH PERFORMANCE SCHOOLS
PROGRAM.
‘‘(a) SHORT TITLE.—This section may be cited as the
‘Healthy and High Performance Schools Act of 2001’.
‘‘(b) PURPOSE.—It is the purpose of this section to as-
sist local educational agencies in the production of high per-
formance elementary school and secondary school buildings
that are energy-efficient, and environmentally healthy.
‘‘(c) PROGRAM ESTABLISHMENT
AND ADMINISTRA-
TION.—
‘‘(1) PROGRAM.—There is established in the De-
partment of Education the High Performance Schools
Program (in this section referred to as the ‘Program’).
‘‘(2) GRANTS.—The Secretary, in consultation
with the Secretary of Energy and the Administrator
of the Environmental Protection Agency, may,
through the Program, award grants to State edu-
cational agencies to permit such State educational
agencies to carry out paragraph (3).
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‘‘(3) STATE USE OF FUNDS.—
‘‘(A) SUBGRANTS.—
‘‘(i) 
IN
GENERAL.—A 
State 
edu-
cational agency receiving a grant under
this section shall use the grant funds made
available under subsection (d)(1)(A) to
award subgrants to local educational agen-
cies to permit such local educational agen-
cies to carry out the activities described in
paragraph (4).
‘‘(ii) 
LIMITATION.—A 
State 
edu-
cational agency shall award subgrants
under clause (i) to the neediest local edu-
cational agencies as determined by the State
and that have made a commitment to use
the subgrant funds to develop healthy, high
performance school buildings in accordance
with the plan developed and approved pur-
suant to clause (iii)(I).
‘‘(iii) IMPLEMENTATION.—
‘‘(I) PLANS.—A State educational
agency shall award subgrants under
subparagraph (A) only to local edu-
cational agencies that, in consultation
with the State educational agency and
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State offices with responsibilities relat-
ing to energy and health, have devel-
oped plans that the State educational
agency determines to be feasible and
appropriate in order to achieve the
purposes for which such subgrants are
made.
‘‘(II) 
SUPPLEMENTING
GRANT
FUNDS.—The State educational agency
shall encourage qualifying local edu-
cational agencies to supplement their
subgrant funds with funds from other
sources in the implementation of their
plans.
‘‘(B) 
ADMINISTRATION.—A 
State 
edu-
cational agency receiving a grant under this sec-
tion shall use the grant funds made available
under subsection (d)(1)(B)—
‘‘(i) to evaluate compliance by local
educational agencies with the requirements
of this section;
‘‘(ii) to distribute information and
materials on healthy, high performance
school buildings for both new and existing
facilities;
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‘‘(iii) to organize and conduct pro-
grams for school board members, school dis-
trict personnel, and others to disseminate
information on healthy, high performance
school buildings;
‘‘(iv) to obtain technical services and
assistance 
in 
planning 
and 
designing
healthy, high performance school buildings;
and
‘‘(v) to collect and monitor information
pertaining to the healthy, high performance
school building projects funded under this
section.
‘‘(4) LOCAL USE OF FUNDS.—
‘‘(A) IN GENERAL.—A subgrant received by
a local educational agency under paragraph
(3)(A) shall be used for renovation projects
that—
‘‘(i) achieve energy-efficiency perform-
ance that reduces energy use to at least 30
percent below that of a school constructed in
compliance with standards prescribed in
Chapter 8 of the 2000 International Energy
Conservation Code, or a similar State code
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intended to achieve substantially equivalent
results; and
‘‘(ii) achieve environmentally healthy
schools in compliance with Federal and
State codes intended to achieve healthy and
safe school environments.
‘‘(B) EXISTING
BUILDINGS.—A local edu-
cational agency receiving a subgrant under
paragraph (3)(A) for renovation of existing
school buildings shall use such subgrant funds—
‘‘(i) to achieve energy efficiency per-
formance that reduces energy use below the
school’s baseline consumption, assuming a
3-year, weather-normalized average for cal-
culating such baseline; and
‘‘(ii) to help bring schools into compli-
ance with Federal and State health and
safety standards.
‘‘(d) ALLOCATION OF FUNDS.—
‘‘(1) IN GENERAL.—A State receiving a grant
under this section shall use—
‘‘(A) not less than 70 percent of such grant
funds to carry out subsection (c)(3)(A); and
‘‘(B) not less than 15 percent of such grant
funds to carry out subsection (c)(3)(B).
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‘‘(2) RESERVATION.—The Secretary may reserve
up to 1 percent per year from amounts appropriated
under subsection (f) to assist State educational agen-
cies in coordinating and implementing the Program.
‘‘(e) REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—The Secretary shall conduct
a biennial review of State actions implementing this
section, and shall report to Congress on the results of
such reviews.
‘‘(2) REVIEWS.—In conducting such reviews, the
Secretary shall assess the effectiveness of the calcula-
tion procedures used by State educational agencies in
establishing eligibility of local educational agencies
for subgrants under this section, and may assess other
aspects of the Program to determine whether the as-
pects have been effectively implemented.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
this section—
‘‘(1) $50,000,000 for fiscal year 2002; and
‘‘(2) such sums as may be necessary for each of
fiscal years 2003 through 2011.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) HEALTHY, HIGH
PERFORMANCE
SCHOOL
BUILDING.—The term ‘healthy, high performance
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school building’ means a school building which, in its
design, construction, operation, and maintenance,
maximizes use of renewable energy and energy-effi-
cient practices, is cost-effective, uses affordable, envi-
ronmentally preferable, durable materials, enhances
indoor environmental quality, and protects and con-
serves water.
‘‘(2) RENEWABLE ENERGY.—The term ‘renewable
energy’ means energy produced by solar, wind, geo-
thermal, hydroelectric, or biomass power.
‘‘(h) LIMITATIONS.—No funds received under this sec-
tion may be used for—
‘‘(1) payment of maintenance of costs in connec-
tion with any projects constructed in whole or in part
with Federal funds provided under this Act;
‘‘(2) the construction of new school facilities;
‘‘(3) stadiums or other facilities primarily used
for athletic contests or exhibitions or other events for
which admission is charged to the general public.
SEC. 410. AMENDMENT TO THE INDIVIDUALS WITH DISABIL-
ITIES EDUCATION ACT.
Part D of the Individuals with Disabilities Education
Act (20 U.S.C. 1451 et seq.) is amended by adding at the
end the following:
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‘‘Chapter 
3—Improving 
Early 
Intervention, 
Edu-
cational, and Transitional Services and Results
for Children with Disabilities Through the Provi-
sion of Certain Services
‘‘SEC. 691. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) Approximately 1,000,000 children and
youth in the United States have low-incidence disabil-
ities which affects the hearing, vision, movement, emo-
tional, and intellectual capabilities of such children
and youth.
‘‘(2) There are 15 States that do not offer or
maintain teacher training programs for any of the 3
categories of low-incidence disabilities. The 3 cat-
egories are deafness, blindness, and severe disabilities.
‘‘(3) There are 38 States in which teacher train-
ing programs are not offered or maintained for 1 or
more of the 3 categories of low-incidence disabilities.
‘‘(4) The University of Northern Colorado is in
a unique position to provide expertise, materials, and
equipment to other schools and educators across the
Nation to train current and future teachers to educate
individuals that are challenged by low-incidence dis-
abilities.
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‘‘SEC. 692. NATIONAL CENTER FOR LOW-INCIDENCE DIS-
ABILITIES.
‘‘In order to fill the national need for teachers trained
to educate children who are challenged with low-incidence
disabilities, the University of Northern Colorado shall be
designated as a National Center for Low-Incidence Disabil-
ities.
‘‘SEC. 693. SPECIAL EDUCATION TEACHER TRAINING PRO-
GRAMS.
‘‘(a) GRANT.—The Secretary shall award a grant to
the University of Northern Colorado to enable such univer-
sity to provide to institutions of higher education across
the Nation such services that are offered under the special
education teacher training program carried out by such
university, such as providing educational materials or other
information necessary in order to aid in such teacher train-
ing.
‘‘(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section,
$2,000,000 for fiscal year 2002, and $1,000,000 for each
of the fiscal years 2003 through 2005.’’.
TITLE V—PUBLIC SCHOOL
CHOICE AND FLEXIBILITY
SEC. 501. PUBLIC SCHOOL CHOICE AND FLEXIBILITY.
Title V (20 U.S.C. 7301 et seq.) is amended to read
as follows:
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‘‘TITLE V—PUBLIC SCHOOL
CHOICE AND FLEXIBILITY
‘‘PART A—PUBLIC SCHOOL CHOICE
‘‘Subpart 1—Charter Schools
‘‘SEC. 5111. PURPOSE.
‘‘It is the purpose of this subpart to increase national
understanding of the charter schools model by—
‘‘(1) providing financial assistance for the plan-
ning, program design and initial implementation of
charter schools;
‘‘(2) evaluating the effects of such schools, includ-
ing the effects on students, student achievement, staff,
and parents; and
‘‘(3) expanding the number of high-quality char-
ter schools available to students across the Nation.
‘‘SEC. 5112. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary may award grants
to State educational agencies having applications approved
pursuant to section 5113 to enable such agencies to conduct
a charter school grant program in accordance with this sub-
part.
‘‘(b) SPECIAL RULE.—If a State educational agency
elects not to participate in the program authorized by this
subpart or does not have an application approved under
section 5113, the Secretary may award a grant to an eligi-
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ble applicant that serves such State and has an application
approved pursuant to section 5113(c).
‘‘(c) PROGRAM PERIODS.—
‘‘(1) GRANTS TO STATES.—Grants awarded to
State educational agencies under this subpart shall be
awarded for a period of not more than 3 years.
‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants
awarded by the Secretary to eligible applicants or
subgrants awarded by State educational agencies to
eligible applicants under this subpart shall be award-
ed for a period of not more than 3 years, of which
the eligible applicant may use—
‘‘(A) not more than 18 months for planning
and program design;
‘‘(B) not more than 2 years for the initial
implementation of a charter school; and
‘‘(C) not more than 2 years to carry out
dissemination activities described in section
5114(f)(6)(B).
‘‘(d) LIMITATION.—A charter school may not receive—
‘‘(1) more than one grant for activities described
in subparagraphs (A) and (B) of subsection (c)(2); or
‘‘(2) more than one grant for activities under
subparagraph (C) of subsection (c)(2).
‘‘(e) PRIORITY TREATMENT.—
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‘‘(1) IN GENERAL.—In awarding grants under
this subpart for fiscal year 2002 or any succeeding
fiscal year from any funds appropriated under sec-
tion 5121, the Secretary shall give priority to States
to the extent that the States meet the criteria de-
scribed in paragraph (2) and one or more of the cri-
teria described in subparagraph (A), (B), or (C) of
paragraph (3).
‘‘(2) REVIEW
AND
EVALUATION
PRIORITY
CRI-
TERIA.—The criteria referred to in paragraph (1) is
that the State provides for periodic review and eval-
uation by the authorized public chartering agency of
each charter school, at least once every 5 years unless
required more frequently by State law, to determine
whether the charter school is meeting the terms of the
school’s charter, and is meeting or exceeding the aca-
demic performance requirements and goals for charter
schools as set forth under State law or the school’s
charter.
‘‘(3) PRIORITY CRITERIA.—The criteria referred
to in paragraph (1) are the following:
‘‘(A) The State has demonstrated progress,
in increasing the number of high quality charter
schools that are held accountable in the terms of
the schools’ charters for meeting clear and meas-
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urable objectives for the educational progress of
the students attending the schools, in the period
prior to the period for which a State educational
agency or eligible applicant applies for a grant
under this subpart.
‘‘(B) The State—
‘‘(i) provides for one authorized public
chartering agency that is not a local edu-
cational agency, such as a State chartering
board, for each individual or entity seeking
to operate a charter school pursuant to such
State law; or
‘‘(ii) in the case of a State in which
local educational agencies are the only au-
thorized public chartering agencies, allows
for an appeals process for the denial of an
application for a charter school.
‘‘(C) The State ensures that each charter
school has a high degree of autonomy over the
charter school’s budgets and expenditures.
‘‘(f) AMOUNT CRITERIA.—In determining the amount
of a grant to be awarded under this subpart to a State edu-
cational agency, the Secretary shall take into consideration
the number of charter schools that are operating, or are ap-
proved to open, in the State.
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‘‘SEC. 5113. APPLICATIONS.
‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each
State educational agency desiring a grant from the Sec-
retary under this subpart shall submit to the Secretary an
application at such time, in such manner, and containing
or accompanied by such information as the Secretary may
require.
‘‘(b) CONTENTS OF A STATE EDUCATIONAL AGENCY
APPLICATION.—Each application submitted pursuant to
subsection (a) shall—
‘‘(1) describe the objectives of the State edu-
cational agency’s charter school grant program and a
description of how such objectives will be fulfilled, in-
cluding steps taken by the State educational agency
to inform teachers, parents, and communities of the
State educational agency’s charter school grant pro-
gram; and
‘‘(2) describe how the State educational agency—
‘‘(A) will inform each charter school in the
State regarding—
‘‘(i) Federal funds that the charter
school is eligible to receive; and
‘‘(ii) Federal programs in which the
charter school may participate;
‘‘(B) will ensure that each charter school in
the State receives the charter school’s commensu-
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rate share of Federal education funds that are
allocated by formula each year, including during
the first year of operation of the charter school;
and
‘‘(C) will disseminate best or promising
practices of charter schools to each local edu-
cational agency in the State; and
‘‘(3) contain assurances that the State edu-
cational agency will require each eligible applicant
desiring to receive a subgrant to submit an applica-
tion to the State educational agency containing—
‘‘(A) a description of the educational pro-
gram to be implemented by the proposed charter
school, including—
‘‘(i) how the program will enable all
students to meet challenging State student
performance standards;
‘‘(ii) the grade levels or ages of children
to be served; and
‘‘(iii) the curriculum and instructional
practices to be used;
‘‘(B) a description of how the charter school
will be managed;
‘‘(C) a description of—
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‘‘(i) the objectives of the charter school;
and
‘‘(ii) the methods by which the charter
school will determine its progress toward
achieving those objectives;
‘‘(D) a description of the administrative re-
lationship between the charter school and the au-
thorized public chartering agency;
‘‘(E) a description of how parents and other
members of the community will be involved in
the planning, program design and implementa-
tion of the charter school;
‘‘(F) a description of how the authorized
public chartering agency will provide for contin-
ued operation of the school once the Federal
grant has expired, if such agency determines that
the school has met the objectives described in sub-
paragraph (C)(i);
‘‘(G) a request and justification for waivers
of any Federal statutory or regulatory provisions
that the applicant believes are necessary for the
successful 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;
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‘‘(H) a description of how the subgrant
funds or grant funds, as appropriate, will be
used, including a description of how such funds
will be used in conjunction with other Federal
programs administered by the Secretary;
‘‘(I) a description of how students in the
community will be—
‘‘(i) informed about the charter school;
and
‘‘(ii) given an equal opportunity to at-
tend the charter school;
‘‘(J) an assurance that the eligible appli-
cant will annually provide the Secretary and the
State educational agency such information as
may be required to determine if the charter
school is making satisfactory progress toward
achieving the objectives described in subpara-
graph (C)(i);
‘‘(K) an assurance that the applicant will
cooperate with the Secretary and the State edu-
cational agency in evaluating the program as-
sisted under this subpart;
‘‘(L) a description of how a charter school
that is considered a local educational agency
under State law, or a local educational agency
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in which a charter school is located, will comply
with sections 613(a)(5) and 613(e)(1)(B) of the
Individuals with Disabilities Education Act;
‘‘(M) if the eligible applicant desires to use
subgrant funds for dissemination activities
under section 5112(c)(2)(C), a description of
those activities and how those activities will in-
volve charter schools and other public schools,
local educational agencies, developers, and poten-
tial developers; and
‘‘(N) such other information and assurances
as the Secretary and the State educational agen-
cy may require.
‘‘(c) CONTENTS OF ELIGIBLE APPLICANT APPLICA-
TION.—Each eligible applicant desiring a grant pursuant
to section 5112(b) shall submit an application to the State
educational agency or Secretary, respectively, at such time,
in such manner, and accompanied by such information as
the State educational agency or Secretary, respectively,
may reasonably require.
‘‘(d) CONTENTS OF APPLICATION.—Each application
submitted pursuant to subsection (c) shall contain—
‘‘(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3),
except that for purposes of this subsection subpara-
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graphs (J), (K), and (N) of such subsection shall be
applied by striking ‘and the State educational agen-
cy’ each place such term appears; and
‘‘(2) assurances that the State educational
agency—
‘‘(A) will grant, or will obtain, waivers of
State statutory or regulatory requirements; and
‘‘(B) will assist each subgrantee in the State
in receiving a waiver under section 5114(e).
‘‘SEC. 5114. ADMINISTRATION.
‘‘(a) SELECTION CRITERIA FOR STATE EDUCATIONAL
AGENCIES.—The Secretary shall award grants to State edu-
cational agencies under this subpart on the basis of the
quality of the applications submitted under section 5113(b),
after taking into consideration such factors as—
‘‘(1) the contribution that the charter schools
grant program will make to assisting educationally
disadvantaged and other students to achieving State
content standards and State student performance
standards and, in general, a State’s education im-
provement plan;
‘‘(2) the degree of flexibility afforded by the State
educational agency to charter schools under the
State’s charter schools law;
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‘‘(3) the extent of community support for the ap-
plication;
‘‘(4) the ambitiousness of the objectives for the
charter school;
‘‘(5) the quality of the strategy for assessing
achievement of those objectives;
‘‘(6) the likelihood that the charter school will
meet those objectives and improve educational results
for students; and
‘‘(7) in the case of an eligible applicant that pro-
poses to use grant funds to support dissemination ac-
tivities under section 5112(c)(2)(C), the quality of
those activities and the likelihood that those activities
will improve student achievement.
‘‘(c) PEER REVIEW.—The Secretary, and each State
educational agency receiving a grant under this subpart,
shall use a peer review process to review applications for
assistance under this subpart.
‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and
each State educational agency receiving a grant under this
subpart, shall award subgrants under this subpart in a
manner that, to the extent possible, ensures that such grants
and subgrants—
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‘‘(1) are distributed throughout different areas of
the Nation and each State, including urban and rural
areas; and
‘‘(2) will assist charter schools representing a va-
riety of educational approaches, such as approaches
designed to reduce school size.
‘‘(e) WAIVERS.—The Secretary may waive any statu-
tory or regulatory requirement over which the Secretary ex-
ercises administrative authority except any such require-
ment relating to the elements of a charter school described
in section 5120(1), if—
‘‘(1) the waiver is requested in an approved ap-
plication under this subpart; and
‘‘(2) the Secretary determines that granting such
a waiver will promote the purpose of this subpart.
‘‘(f) USE OF FUNDS.—
‘‘(1) STATE
EDUCATIONAL
AGENCIES.—Each
State educational agency receiving a grant under this
subpart shall use such grant funds to award sub-
grants to one or more eligible applicants in the State
to enable such applicant to plan and implement a
charter school in accordance with this subpart, except
that the State educational agency may reserve not
more than 10 percent of the grant funds to support
dissemination activities described in paragraph (6).
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‘‘(2) ELIGIBLE APPLICANTS.—Each eligible ap-
plicant receiving funds from the Secretary or a State
educational agency shall use such funds to plan and
implement a charter school, or to disseminate infor-
mation about the charter school and successful prac-
tices in the charter school, in accordance with this
subpart.
‘‘(3) ALLOWABLE ACTIVITIES.—An eligible appli-
cant receiving a grant or subgrant under this subpart
may use the grant or subgrant funds only for—
(A) post-award planning and design of the
educational program, which may include—
‘‘(i) refinement of the desired edu-
cational results and of the methods for
measuring progress toward achieving those
results; and
‘‘(ii) professional development of teach-
ers and other staff who will work in the
charter school; and
‘‘(B) initial implementation of the charter
school, which may include—
‘‘(i) informing the community about
the school;
‘‘(ii) acquiring necessary equipment
and educational materials and supplies;
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‘‘(iii) acquiring or developing cur-
riculum materials; and
‘‘(iv) other initial operational costs
that cannot be met from State or local
sources.
‘‘(4) ADMINISTRATIVE
EXPENSES.—Each State
educational agency receiving a grant pursuant to this
subpart may reserve not more than 5 percent of such
grant funds for administrative expenses associated
with the charter school grant program assisted under
this subpart.
‘‘(5) REVOLVING LOAN FUNDS.—Each State edu-
cational agency receiving a grant pursuant to this
subpart may reserve not more than 10 percent of the
grant amount for the establishment of a revolving
loan fund. Such fund may be used to make loans to
eligible applicants that have received a subgrant
under this subpart, under such terms as may be deter-
mined by the State educational agency, for the initial
operation of the charter school grant program of such
recipient until such time as the recipient begins re-
ceiving ongoing operational support from State or
local financing sources.
‘‘(6) DISSEMINATION.—
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‘‘(A) IN GENERAL.—A charter school may
apply for funds under this subpart, whether or
not the charter school has applied for or received
funds under this subpart for planning, program
design, or implementation, to carry out the ac-
tivities described in subparagraph (B) if the
charter school has been in operation for at least
3 consecutive years and has demonstrated overall
success, including—
‘‘(i) substantial progress in improving
student achievement;
‘‘(ii) high levels of parent satisfaction;
and
‘‘(iii) the management and leadership
necessary to overcome initial start-up prob-
lems and establish a thriving, financially
viable charter school.
‘‘(B) ACTIVITIES.—A charter school de-
scribed in subparagraph (A) may use funds re-
served under paragraph (1) to assist other
schools in adapting the charter school’s program
(or certain aspects of the charter school’s pro-
gram), or to disseminate information about the
charter school, through such activities as—
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‘‘(i) assisting other individuals with
the planning and start-up of one or more
new 
public 
schools, 
including 
charter
schools, that are independent of the assist-
ing charter school and the assisting charter
school’s developers, and that agree to be held
to at least as high a level of accountability
as the assisting charter school;
‘‘(ii) 
developing 
partnerships 
with
other public schools, including charter
schools, designed to improve student per-
formance in each of the schools partici-
pating in the partnership;
‘‘(iii) developing curriculum materials,
assessments, and other materials that pro-
mote increased student achievement and are
based on successful practices within the as-
sisting charter school; and
‘‘(iv) conducting evaluations and devel-
oping materials that document the success-
ful practices of the assisting charter school
and that are designed to improve student
performance in other schools.
‘‘(g) TRIBALLY CONTROLLED SCHOOLS.—Each State
that receives a grant under this subpart and designates a
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tribally controlled school as a charter school shall not con-
sider payments to a school under the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2507) in determining—
‘‘(1) the eligibility of the school to receive any
other Federal, State, or local aid; or
‘‘(2) the amount of such aid.
‘‘SEC. 5115. NATIONAL ACTIVITIES.
‘‘(a) IN GENERAL.—The Secretary shall reserve for
each fiscal year the greater of 5 percent or $5,000,000 of
the amount appropriated to carry out this subpart, except
that in no fiscal year shall the total amount so reserved
exceed $8,000,000, to carry out the following activities:
‘‘(1) To provide charter schools, either directly or
through State educational agencies, with—
‘‘(A) information regarding—
‘‘(i) Federal funds that charter schools
are eligible to receive; and
‘‘(ii) other Federal programs in which
charter schools may participate; and
‘‘(B) assistance in applying for Federal
education funds that are allocated by formula,
including assistance with filing deadlines and
submission of applications.
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‘‘(2) To provide for the completion of the 4-year
national study (which began in 1995) of charter
schools.
‘‘(3) To provide for other evaluations or studies
that include the evaluation of the impact of charter
schools on student achievement, including information
regarding—
‘‘(A) students attending charter schools re-
ported on the basis of race, age, disability, gen-
der, limited English proficiency, and previous
enrollment in public school; and
‘‘(B) the professional qualifications of teach-
ers within a charter school and the turnover of
the teaching force.
‘‘(4) To provide—
‘‘(A) information to applicants for assist-
ance under this subpart;
‘‘(B) assistance to applicants for assistance
under this subpart with the preparation of ap-
plications under section 5113;
‘‘(C) assistance in the planning and startup
of charter schools;
‘‘(D) training and technical assistance to
existing charter schools; and
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‘‘(E) for the dissemination to other public
schools of best or promising practices in charter
schools.
‘‘(5) To provide (including through the use of one
or more contracts that use a competitive bidding
process) for the collection of information regarding the
financial resources available to charter schools, in-
cluding access to private capital, and to widely dis-
seminate to charter schools any such relevant infor-
mation and model descriptions of successful pro-
grams.
‘‘(b) CONSTRUCTION.—Nothing in this section shall be
construed to require charter schools to collect any data de-
scribed in subsection (a).
‘‘SEC. 5116. FEDERAL FORMULA ALLOCATION DURING
FIRST YEAR AND FOR SUCCESSIVE ENROLL-
MENT EXPANSIONS.
‘‘(a) IN GENERAL.—For purposes of the allocation to
schools by the States or their agencies of funds under part
A of title I, and any other Federal funds which the Sec-
retary allocates to States on a formula basis, the Secretary
and each State educational agency shall take such measures
not later than 6 months after the date of the enactment of
the Charter School Expansion Act of 1998 as are necessary
to ensure that every charter school receives the Federal fund-
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ing for which the charter school is eligible not later than
5 months after the charter school first opens, notwith-
standing the fact that the identity and characteristics of
the students enrolling in that charter school are not fully
and completely determined until that charter school actu-
ally opens. The measures similarly shall ensure that every
charter school expanding its enrollment in any subsequent
year of operation receives the Federal funding for which the
charter school is eligible not later than 5 months after such
expansion.
‘‘(b) ADJUSTMENT AND LATE OPENINGS.—
‘‘(1) IN GENERAL.—The measures described in
subsection (a) shall include provision for appropriate
adjustments, through recovery of funds or reduction of
payments for the succeeding year, in cases where pay-
ments made to a charter school on the basis of esti-
mated or projected enrollment data exceed the
amounts that the school is eligible to receive on the
basis of actual or final enrollment data.
‘‘(2) RULE.—For charter schools that first open
after November 1 of any academic year, the State, in
accordance with guidance provided by the Secretary
and applicable Federal statutes and regulations, shall
ensure that such charter schools that are eligible for
the funds described in subsection (a) for such aca-
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demic year have a full and fair opportunity to receive
those funds during the charter schools’ first year of
operation.
‘‘SEC. 5117. SOLICITATION OF INPUT FROM CHARTER
SCHOOL OPERATORS.
‘‘To the extent practicable, the Secretary shall ensure
that administrators, teachers, and other individuals di-
rectly involved in the operation of charter schools are con-
sulted in the development of any rules or regulations re-
quired to implement this subpart, as well as in the develop-
ment of any rules or regulations relevant to charter schools
that are required to implement part A of title I, the Individ-
uals with Disabilities Education Act (20 U.S.C. 1400 et
seq.), or any other program administered by the Secretary
that provides education funds to charter schools or regulates
the activities of charter schools.
‘‘SEC. 5118. RECORDS TRANSFER.
‘‘State educational agencies and local educational
agencies, to the extent practicable, shall ensure that a stu-
dent’s records and, if applicable, a student’s individualized
education program as defined in section 602(11) of the In-
dividuals with Disabilities Education Act, are transferred
to a charter school upon the transfer of the student to the
charter school, and to another public school upon the trans-
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fer of the student from a charter school to another public
school, in accordance with applicable State law.
‘‘SEC. 5119. PAPERWORK REDUCTION.
‘‘To the extent practicable, the Secretary and each au-
thorized public chartering agency shall ensure that imple-
mentation of this subpart results in a minimum of paper-
work for any eligible applicant or charter school.
‘‘SEC. 5120. DEFINITIONS.
‘‘In this subpart:
‘‘(1) CHARTER
SCHOOL.—The term ‘charter
school’ means a public school that—
‘‘(A) in accordance with a specific State
statute authorizing the granting of charters to
schools, 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 requirements 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, and is operated under pub-
lic supervision and direction;
‘‘(C) operates in pursuit of a specific set of
educational objectives determined by the school’s
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developer and agreed to by the authorized public
chartering agency;
‘‘(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 sec-
tarian school or religious institution;
‘‘(F) does not charge tuition;
‘‘(G) complies with the Age Discrimination
Act of 1975, 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 Dis-
abilities Education Act;
‘‘(H) is a school to which parents choose to
send their children, and that admits students on
the basis of a lottery, if more students apply for
admission than can be accommodated;
‘‘(I) agrees to comply with the same Federal
and State audit requirements as do other elemen-
tary schools and secondary schools in the State,
unless such requirements are specifically waived
for the purpose of this program;
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‘‘(J) meets all applicable Federal, State,
and local health and safety requirements;
‘‘(K) operates in accordance with State law;
and
‘‘(L) has a written performance contract
with the authorized public chartering agency in
the State that includes a description of how stu-
dent performance will be measured in charter
schools pursuant to State assessments that are
required of other schools and pursuant to any
other assessments mutually agreeable to the au-
thorized public chartering agency and the char-
ter school.
‘‘(2) DEVELOPER.—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 commu-
nity in which a charter school project will be carried
out.
‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible
applicant’ means an authorized public chartering
agency participating in a partnership with a devel-
oper to establish a charter school in accordance with
this subpart.
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‘‘(4) AUTHORIZED PUBLIC CHARTERING AGEN-
CY.—The term ‘authorized public chartering agency’
means a State educational agency, local educational
agency, or other public entity that has the authority
pursuant to State law and approved by the Secretary
to authorize or approve a charter school.
‘‘SEC. 5121. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subpart, there
are authorized to be appropriated $190,000,000 for fiscal
year 2002 and such sums as may be necessary for each of
the 6 succeeding fiscal years.
‘‘Subpart 2—Magnet Schools Assistance
‘‘SEC. 5131. FINDINGS AND STATEMENT OF PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) Magnet schools are a significant part of our
Nation’s effort to achieve voluntary desegregation of
our Nation’s schools.
‘‘(2) It is in the national interest to continue the
Federal Government’s support of school districts that
are implementing court-ordered desegregation plans
and school districts that are voluntarily seeking to
foster meaningful interaction among students of dif-
ferent racial and ethnic backgrounds.
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‘‘(3) Desegregation can help ensure that all stu-
dents have equitable access to high-quality education
that will prepare them to function well in a techno-
logically oriented and highly competitive society com-
prised of people from many different racial and eth-
nic backgrounds.
‘‘(4) It is in the national interest to desegregate
and diversify those schools in our Nation that are ra-
cially, economically, linguistically, or ethnically seg-
regated. Such segregation exists between minority and
non-minority students as well as among students of
different minority groups.
‘‘(b) STATEMENT OF PURPOSE.—The purpose of this
subpart is to assist in the desegregation of schools served
by local educational agencies by providing financial assist-
ance to eligible local educational agencies for—
‘‘(1) the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of mi-
nority students which shall assist in the efforts of the
United States to achieve voluntary desegregation in
public schools;
‘‘(2) the development and implementation of
magnet school projects that will assist local edu-
cational agencies in achieving systemic reforms and
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providing all students the opportunity to meet chal-
lenging State and local content standards and chal-
lenging State and local student performance stand-
ards;
‘‘(3) the development and design of innovative
educational methods and practices;
‘‘(4) courses of instruction within magnet schools
that will substantially strengthen the knowledge of
academic subjects and the grasp of tangible and mar-
ketable vocational, technological and career skills of
students attending such schools;
‘‘(5) improving the capacity of local educational
agencies, including through professional development,
to continue operating magnet schools at a high per-
formance level after Federal funding is terminated;
and
‘‘(6) ensuring that all students enrolled in the
magnet school program have equitable access to high
quality education that will enable the students to suc-
ceed academically and continue with post secondary
education or productive employment.
‘‘SEC. 5132. PROGRAM AUTHORIZED.
‘‘The Secretary, in accordance with this subpart, is au-
thorized to make grants to eligible local educational agen-
cies, and consortia of such agencies where appropriate, to
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carry out the purpose of this subpart for magnet schools
that are—
‘‘(1) part of an approved desegregation plan;
and
‘‘(2) designed to bring students from different so-
cial, economic, ethnic, and racial backgrounds to-
gether.
‘‘SEC. 5133. DEFINITION.
‘‘For the purpose of this subpart, the term ‘magnet
school’ means a public elementary school or secondary
school or a public elementary or secondary education center
that offers a special curriculum capable of attracting sub-
stantial numbers of students of different racial backgrounds.
‘‘SEC. 5134. ELIGIBILITY.
‘‘A local educational agency, or consortium of such
agencies where appropriate, is eligible to receive assistance
under this subpart to carry out the purposes of this subpart
if such agency or consortium—
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United
States, or a court of any State, or any other State
agency or official of competent jurisdiction, that re-
quires the desegregation of minority-group-segregated
children or faculty in the elementary schools and sec-
ondary schools of such agency; or
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‘‘(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies under this subpart, adopt
and implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
‘‘SEC. 5135. APPLICATIONS AND REQUIREMENTS.
‘‘(a) APPLICATIONS.—An eligible local educational
agency or consortium of such agencies desiring to receive
assistance under this subpart shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary
may reasonably require.
‘‘(b) INFORMATION AND ASSURANCES.—Each such ap-
plication shall include—
‘‘(1) a description of—
‘‘(A) how assistance made available under
this subpart will be used to promote desegrega-
tion, including how the proposed magnet school
project will increase interaction among students
of different social, economic, ethnic, and racial
backgrounds;
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‘‘(B) the manner and extent to which the
magnet school project will increase student
achievement in the instructional area or areas
offered by the school;
‘‘(C) how an applicant will continue the
magnet school project after assistance under this
subpart is no longer available, including, if ap-
plicable, an explanation of why magnet schools
established or supported by the applicant with
funds under this subpart cannot be continued
without the use of funds under this subpart;
‘‘(D) how funds under this subpart will be
used to implement services and activities that
are consistent with other programs under this
Act, and other Acts, as appropriate, in accord-
ance with the provisions of section 5506; and
‘‘(E) the criteria to be used in selecting stu-
dents to attend the proposed magnet school
project; and
‘‘(2) assurances that the applicant will—
‘‘(A) use funds under this subpart for the
purposes specified in section 5131(b);
‘‘(B) employ State certified or licensed
teachers in the courses of instruction assisted
under this subpart to teach or supervise others
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who are teaching the subject 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
‘‘(iii) designing or operating extra-
curricular activities for students;
‘‘(D) carry out a high-quality education
program that will encourage greater parental de-
cisionmaking and involvement; and
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school
project equitable consideration for placement in
the project, consistent with desegregation guide-
lines and the capacity of the project to accommo-
date these students.
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‘‘(c) SPECIAL RULE.—No application may be ap-
proved under this section unless the Assistant Secretary of
Education for Civil Rights determines that the assurances
described in subsection (b)(2)(C) will be met.
‘‘SEC. 5136. PRIORITY.
‘‘In approving applications under this subpart, the
Secretary shall give priority to applicants that—
‘‘(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively car-
rying out an approved desegregation plan and the
projects for which assistance is sought;
‘‘(2) propose to carry out new magnet school
projects, or significantly revise existing magnet school
projects;
‘‘(3) propose to select students to attend magnet
school projects by methods such as lottery, rather than
through academic examination;
‘‘(4) propose to implement innovative edu-
cational approaches that are consistent with the State
and local content and student performance standards;
and
‘‘(5) propose activities, which may include pro-
fessional development, that will build local capacity
to operate the magnet school program once Federal
assistance has terminated.
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‘‘SEC. 5137. USE OF FUNDS.
‘‘(a) IN GENERAL.—Grant funds made available under
this subpart may be used by an eligible local educational
agency or consortium of such agencies—
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, continu-
ation, or enhancement of academic programs and
services offered at magnet schools;
‘‘(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance
and operation thereof, necessary for the conduct of
programs in magnet schools;
‘‘(3) for the payment, or subsidization of the
compensation, of elementary school and secondary
school teachers who are certified or licensed by the
State, and instructional staff where applicable, who
are necessary for the conduct of programs in magnet
schools;
‘‘(4) with respect to a magnet school program of-
fered to less than the entire student population of a
school, for instructional activities that—
‘‘(A) are designed to make available the spe-
cial curriculum that is offered by the magnet
school project to students who are enrolled in the
school but who are not enrolled in the magnet
school program; and
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‘‘(B) further the purposes of this subpart;
‘‘(5) to include professional development, which
professional development shall build the agency’s or
consortium’s capacity to operate the magnet school
once Federal assistance has terminated;
‘‘(6) to enable the local educational agency or
consortium to have more flexibility in the administra-
tion of a magnet school program in order to serve stu-
dents attending a school who are not enrolled in a
magnet school program; and
‘‘(7) to enable the local educational agency or
consortium to have flexibility in designing magnet
schools for students at all grades.
‘‘(b) SPECIAL RULE.—Grant funds under this subpart
may be used in accordance with paragraphs (2) and (3)
of subsection (a) only if the activities described in such
paragraphs are directly related to improving the students’
reading skills or knowledge of mathematics, science, history,
geography, English, foreign languages, art, or music, or to
improving vocational, technological and career skills.
‘‘SEC. 5138. PROHIBITION.
‘‘Grants under this subpart may not be used for trans-
portation or any activity that does not augment academic
improvement.
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‘‘SEC. 5139. LIMITATIONS.
‘‘(a) DURATION OF AWARDS.—A grant under this sub-
part shall be awarded for a period that shall not exceed
3 fiscal years.
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu-
cational agency may expend for planning (professional de-
velopment shall not be considered as planning for purposes
of this subsection) not more than 50 percent of the funds
received under this subpart for the first year of the project,
25 percent of such funds for the second such year, and 15
percent of such funds for the third such year.
‘‘(c) AMOUNT.—No local educational agency or consor-
tium awarded a grant under this subpart shall receive more
than $4,000,000 under this subpart in any 1 fiscal year.
‘‘(d) TIMING.—To the extent practicable, the Secretary
shall award grants for any fiscal year under this subpart
not later than June 1 of the applicable fiscal year.
‘‘SEC. 5140. INNOVATIVE PROGRAMS.
‘‘(a) IN GENERAL.—From amounts reserved under
subsection (d) for each fiscal year, the Secretary shall award
grants to local educational agencies or consortia of such
agencies described in section 5134 to enable such agencies
or consortia to conduct innovative programs that—
‘‘(1) involve innovative strategies other than
magnet schools, such as neighborhood or community
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model schools, to support desegregation of schools and
to reduce achievement gaps;
‘‘(2) assist in achieving systemic reforms and
providing all students the opportunity to meet chal-
lenging State and local content standards and chal-
lenging State and local student performance stand-
ards; and
‘‘(3) include innovative educational methods and
practices that—
‘‘(A) are organized around a special empha-
sis, theme, or concept; and
‘‘(B) involve extensive parent and commu-
nity involvement.
‘‘(b) APPLICABILITY.—Sections 5131(b), 5132, 5135,
5136, and 5137, shall not apply to grants awarded under
subsection (a).
‘‘(c) APPLICATIONS.—Each local educational agency
or consortia of such agencies desiring a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information
and assurances as the Secretary may reasonably require.
‘‘(d) INNOVATIVE PROGRAMS.—The Secretary shall re-
serve not more than 5 percent of the funds appropriated
under section 5142(a) for each fiscal year to award grants
under this section.
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‘‘SEC. 5141. EVALUATIONS.
‘‘(a) RESERVATION.—The Secretary may reserve not
more than 2 percent of the funds appropriated under section
5142(a) for any fiscal year to carry out evaluations of
projects assisted under this subpart and to provide technical
assistance for grant recipients under this subpart.
‘‘(b) CONTENTS.—Each evaluation described in sub-
section (a), at a minimum, shall address—
‘‘(1) how and the extent to which magnet school
programs lead to educational quality and improve-
ment;
‘‘(2) the extent to which magnet school programs
enhance student access to quality education;
‘‘(3) the extent to which magnet school programs
lead to the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of mi-
nority students;
‘‘(4) the extent to which magnet school programs
differ from other school programs in terms of the or-
ganizational characteristics and resource allocations
of such magnet school programs; and
‘‘(5) the extent to which magnet school programs
continue once grant assistance under this subpart is
terminated.
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‘‘(c) DISSEMINATION.—The Secretary shall collect and
disseminate to the general public information on successful
magnet school programs.
‘‘SEC. 5142. AUTHORIZATION OF APPROPRIATIONS; RES-
ERVATION.
‘‘(a) AUTHORIZATION.—For the purpose of carrying
out this subpart, there are authorized to be appropriated
$125,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 6 succeeding fiscal years.
‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGEN-
CIES NOT PREVIOUSLY ASSISTED.—In any fiscal year for
which the amount appropriated pursuant to subsection (a)
exceeds $75,000,000, the Secretary shall give priority to
using such amounts in excess of $75,000,000 to award
grants to local educational agencies or consortia of such
agencies that did not receive a grant under this subpart
in the preceding fiscal year.
‘‘Subpart 3—Public School Choice
‘‘SEC. 5151. PUBLIC SCHOOL CHOICE.
‘‘(a) ALLOTMENT TO STATE.—From the amount ap-
propriated under subsection (e) for a fiscal year, the Sec-
retary shall allot to each State an amount that bears the
same relation to the amount as the amount the State re-
ceived under section 1122 for the preceding year bears to
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the amount received by all States under section 1122 for
the preceding year.
‘‘(b) STATE USE OF FUNDS.—Each State receiving an
allotment under subsection (a) shall use 100 percent of the
allotted funds for allocations to local educational agencies
to enable the local educational agencies to carry out school
improvement under section 1116(c).
‘‘(c) PUBLIC SCHOOL CHOICE.—Subject to subsection
(d), each local educational agency receiving an allocation
under subsection (b), and each local educational agency that
is within a State that receives funds under part A of title
I (other than a local educational agency within a State that
receives a minimum grant under section 1124(d) or
1124A(a)(1)(B) of such Act), shall provide all students en-
rolled in a school identified under section 1116(c) and
served by the local educational agency with the option to
transfer to another public school within the school district
served by the local educational agency, including a public
charter school, that has not been identified for school im-
provement under section 1116(c), unless such option to
transfer is prohibited by State law or local law (which in-
cludes school board-approved local educational agency pol-
icy).
‘‘(d) SPECIAL RULE.—If a local educational agency
demonstrates to the satisfaction of the State educational
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agency that the local educational agency lacks the capacity
to provide all students with the option to transfer to another
public school within the school district served by the local
educational agency in accordance with subsection (c), and
gives notice (consistent with State and local law) to the par-
ents of children affected that it is not possible to accommo-
date the transfer request of every student, then the local edu-
cational agency shall permit as many students as possible
(who shall be selected by the local educational agency on
an equitable basis) to transfer to a public school within such
school district that has not been identified for school im-
provement under section 1116(c).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$225,000,000 for fiscal year 2002 and each of the 6 suc-
ceeding fiscal years.’’.
‘‘PART B—FLEXIBILITY
‘‘Subpart 1—Education Flexibility Partnerships
‘‘SEC. 5201. SHORT TITLE.
‘‘This subpart may be cited as the ‘Education Flexi-
bility Partnership Act of 2001’.
‘‘SEC. 5202. DEFINITIONS.
‘‘In this subpart:
‘‘(1) ELIGIBLE
SCHOOL
ATTENDANCE
AREA;
SCHOOL
ATTENDANCE
AREA.—The terms ‘eligible
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school attendance area’ and ‘school attendance area’
have the meanings given the terms in section
1113(a)(2).
‘‘(2) STATE.—The term ‘State’ means each of the
several States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, and each
outlying area.
‘‘SEC. 5203. EDUCATION FLEXIBILITY PARTNERSHIP.
‘‘(a) EDUCATIONAL FLEXIBILITY PROGRAM.—
‘‘(1) PROGRAM AUTHORIZED.—
‘‘(A) IN
GENERAL.—The Secretary may
carry out an educational flexibility program
under which the Secretary authorizes a State
educational agency that serves an eligible State
to waive statutory or regulatory requirements
applicable to one or more programs described in
subsection (b), other than requirements described
in subsection (c), for any local educational agen-
cy or school within the State.
‘‘(B) DESIGNATION.—Each eligible State
participating in the program described in sub-
paragraph (A) shall be known as an ‘Ed-Flex
Partnership State’.
‘‘(2) ELIGIBLE STATE.—For the purpose of this
section the term ‘eligible State’ means a State that—
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‘‘(A) has—
‘‘(i) developed and implemented the
challenging State content standards, chal-
lenging State student performance stand-
ards, and aligned assessments described in
section 1111(b), and for which local edu-
cational agencies in the State are producing
the individual school performance profiles
required by section 1116(a)(3); or
‘‘(ii)(I) developed and implemented the
content standards described in clause (i);
‘‘(II) developed and implemented in-
terim assessments; and
‘‘(III) made substantial progress (as
determined by the Secretary) toward devel-
oping and implementing the performance
standards and final aligned assessments de-
scribed in clause (i), and toward having
local educational agencies in the State
produce the profiles described in clause (i);
‘‘(B) holds local educational agencies and
schools accountable for meeting the educational
goals described in the local applications sub-
mitted under paragraph (4), and for engaging in
technical assistance and corrective actions con-
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sistent with section 1116, for the local edu-
cational agencies and schools that do not make
adequate yearly progress as described in section
1111(b)(2); and
‘‘(C) waives State statutory or regulatory
requirements relating to education while holding
local educational agencies or schools within the
State that are affected by such waivers account-
able for the performance of the students who are
affected by such waivers.
‘‘(3) STATE APPLICATION.—
‘‘(A) IN GENERAL.—Each State educational
agency desiring to participate in the educational
flexibility program under this section shall sub-
mit an application to the Secretary at such time,
in such manner, and containing such informa-
tion as the Secretary may reasonably require.
Each such application shall demonstrate that the
eligible State has adopted an educational flexi-
bility plan for the State that includes—
‘‘(i) a description of the process the
State educational agency will use to evalu-
ate applications from local educational
agencies or schools requesting waivers of—