345
‘‘(d) STATE EDUCATIONAL AGENCY APPROVAL RE-
QUIRED.—(1) A local educational agency that desires to re-
ceive a grant under this part shall obtain the State edu-
cational agency’s approval of its application before submit-
ting it to the Secretary.
‘‘(2) A State educational agency that approves an ap-
plication of a local educational agency shall provide the
local educational agency, and such local agency shall in-
clude in its application to the Secretary, a statement that
the State has granted, or will grant, the waivers and exemp-
tions from State requirements described in such local agen-
cy’s application.
‘‘SEC. 3404. SELECTION OF GRANTEES; WAIVERS.
‘‘(a) CRITERIA.—The Secretary shall select projects to
be funded on the basis of the quality of the applications,
taking into consideration such factors as—
‘‘(1) the quality of the proposed curriculum and
instructional practices;
‘‘(2) the degree of flexibility afforded by the State
and, if applicable, the local educational agency to the
school;
‘‘(3) the extent of community support for the ap-
plication;
‘‘(4) the ambitiousness of the objectives for the
school;
346
‘‘(5) the quality of the plan for assessing achieve-
ment of those objectives; and
‘‘(6) the likelihood that the school will meet those
objectives and improve educational results for stu-
dents.
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process to review applications for grants under this
section.
‘‘(c) DIVERSITY OF PROJECTS.—The Secretary may
approve projects in a manner that ensures, to the extent
possible, that they—
‘‘(1) are distributed throughout different areas of
the Nation, including in urban and rural areas; and
‘‘(2) represent a variety of educational ap-
proaches.
‘‘(d) WAIVERS.—The Secretary may waive any statu-
tory or regulatory requirement that the Secretary is respon-
sible for enforcing, except for any such requirement relating
to the elements of a charter school described in section
3407(1), if—
‘‘(1) the waiver is requested in an approved ap-
plication or by a grantee under this part; and
‘‘(2) the Secretary determines that granting such
a waiver would promote the purpose of this part.
347
‘‘SEC. 3405. USES OF FUNDS.
‘‘A recipient of a grant under this part may use the
grant funds only for—
‘‘(1) post-award planning and design of the edu-
cational program, which may include—
‘‘(A) refinement of the desired educational
results and of the methods for measuring
progress toward achieving those results; and
‘‘(B) professional development of teachers
and other staff who will work in the charter
school; and
‘‘(2) initial implementation of the charter school,
which may include—
‘‘(A) informing the community about the
school;
‘‘(B) acquiring necessary equipment;
‘‘(C) acquiring or developing curriculum
materials; and
‘‘(D) other operational costs that cannot be
met from State or local sources.
‘‘SEC. 3406. NATIONAL ACTIVITIES.
‘‘The Secretary may reserve up to 10 percent of the
funds appropriated for this part for any fiscal year for—
‘‘(1) peer review of applications under section
3404(b); and
348
‘‘(2) an evaluation of the impact of charter
schools on student achievement, including those as-
sisted under this part.
‘‘SEC. 3407. DEFINITIONS.
‘‘As used in this part, the following terms have the fol-
lowing meanings:
‘‘(1) The term ‘charter school’ means a school
that—
‘‘(A) in accordance with an enabling State
statute, is exempted from significant State or
local rules that inhibit the flexible operation and
management of public schools, but not from any
rules relating to the other 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;
‘‘(C) operates in pursuit of a specific set of
educational objectives determined by the school’s
developer and agreed to by the local educational
agency applying for a grant on behalf of the
school;
‘‘(D) provides a program of elementary or
secondary education, or both;
349
‘‘(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, title VI of the Civil Rights Act of 1964, title
IX of the Education Amendments of 1972, sec-
tion 504 of the Rehabilitation Act of 1973, and
part B of the Individuals with Disabilities Edu-
cation Act;
‘‘(H) admits students on the basis of a lot-
tery, if more students apply for admission than
can be accommodated;
‘‘(I) agrees to comply with the same Federal
and State audit requirements as do other public
schools in the State, unless such requirements are
specifically waived for the purpose of this pro-
gram;
‘‘(J) meets all applicable Federal, State,
and local health and safety requirements; and
‘‘(K) operates in accordance with State law.
‘‘(2) The term ‘developer’ means an individual
or group of individuals (including a public or private
nonprofit organization), which may include teachers,
350
administrators and other school staff, parents, or
other members of the local community in which a
charter school project will be carried out.
‘‘(3) The term ‘eligible applicant’ means a local
educational agency, in partnership with a developer
with an application approved under section 3403(d).
‘‘SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $15,000,000 for fiscal year
1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
‘‘PART D—ARTS IN EDUCATION
‘‘Subpart 1—Support for Arts Education
‘‘SEC. 3501. SUPPORT FOR ARTS EDUCATION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the arts are forms of understanding and
ways of knowing that are fundamentally important to
education;
‘‘(2) the arts are important to excellent edu-
cation and to effective school reform;
‘‘(3) the most significant contribution of the arts
to education reform is the transformation of teaching
and learning;
‘‘(4) this transformation is best realized in the
context of comprehensive, systemic education reform;
351
‘‘(5) demonstrated competency in the arts for
American students is among the National Education
Goals;
‘‘(6) the arts can motivate at-risk students to
stay in school and become active participants in the
educational process; and
‘‘(7) arts education should be an integral part of
the elementary and secondary school curriculum.
‘‘(b) PURPOSE. The purposes of this part are to—
‘‘(1) support systemic education reform by
strengthening arts education as an integral part of
the elementary and secondary school curriculum;
‘‘(2) help ensure that all students have the oppor-
tunity to learn to challenging standards in the arts;
and
‘‘(3) support the national effort to enable all stu-
dents to demonstrate competence in the arts in ac-
cordance with the National Education Goals.
‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out the
purposes of this part, the Secretary is authorized to make
grants to, or enter into contracts or cooperative agreements
with—
‘‘(1) State educational agencies;
‘‘(2) local educational agencies;
‘‘(3) institutions of higher education; and
353
‘‘(8) supporting model projects and programs in
the arts for individuals with disabilities through ar-
rangements with the organization, Very Special Arts;
‘‘(9) supporting model projects and programs to
integrate arts education into the regular elementary
and secondary school curriculum; and
‘‘(10) other activities that further the purposes of
this part.
‘‘(e) COORDINATION.—(1) A recipient of funds under
this part shall, to the extent possible, coordinate its project
with appropriate activities of public and private cultural
agencies, institutions, and organizations, including muse-
ums, arts education associations, libraries, and theaters.
‘‘(2) In carrying out this part, the Secretary shall co-
ordinate with the National Endowment for the Arts, the In-
stitute of Museum Services, the John F. Kennedy Center
for the Performing Arts, and the National Gallery of Art.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this subpart, there are authorized
to be appropriated $11,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
354
‘‘Subpart 2—Community Arts
‘‘SEC. 3502. SHORT TITLE.
‘‘This subpart may be cited as the ‘‘Community Arts
Partnership Act of 1994’’.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) with local school budgets cut there are in-
adequate arts programs available for children in
schools, especially at the elementary level;
‘‘(2) the arts promote progress in academic sub-
jects as shown by research conducted by the National
Endowment for the Arts;
‘‘(3) the arts access multiple human intelligences
and develop higher-order thinking skills;
‘‘(4) the arts generate self-esteem and positive
emotional responses to learning; and
‘‘(5) children who receive instruction in the arts
remain in school longer and are more successful than
children who do not receive such instruction.
‘‘(b) PURPOSE.—The purpose of this part is to make
demonstration grants to eligible entities to improve the edu-
cational performance and future potential of at-risk chil-
dren and youth by providing comprehensive and coordi-
nated educational and cultural services.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to award grants to eligible entities to pay the Federal
355
share of the costs of the activities described in sub-
section (f).
‘‘(2) SPECIAL
REQUIREMENTS.—The Secretary
shall award grants under this Act only to programs
designed to—
‘‘(A) promote educational and cultural serv-
ices;
‘‘(B) provide multi-year services to at-risk
children and youth;
‘‘(C) serve the target population described
in subsection (e);
‘‘(D) provide integration of community cul-
tural resources in the regular curriculum;
‘‘(E) focus school and cultural resources in
the community on coordinated cultural services
to address the needs of at-risk children and
youth;
‘‘(F) provide effective cultural linkages from
preschool programs, including the Head Start
Act and preschool grants under the Individuals
with Disabilities Education Act, to elementary
schools;
‘‘(G) facilitate school-to-work transition
from secondary schools and alternative schools to
job training, higher education, and employment;
356
‘‘(H) increase parental and community in-
volvement in the educational, social, and cul-
tural development of at-risk youth; or
‘‘(I) replicate programs and strategies that
provide high quality coordinated educational
and cultural services and that are designed to
integrate such coordination into the regular cur-
riculum.
‘‘(3) REQUIREMENT OF COORDINATION.—Grants
may only be awarded under this part to eligible enti-
ties that agree to coordinate activities carried out
under other Federal, State, and local grants, received
by the members of the partnership for purposes and
target populations described in this part, into an in-
tegrated service delivery system located at a school,
cultural, or other community-based site accessible to
and utilized by at-risk youth.
‘‘(4) DURATION.—Grants made under this part
may be renewable for a maximum of 5 years if the
Secretary determines that the eligible recipient has
made satisfactory progress toward the achievement of
the program objectives described in application.
‘‘(5) GEOGRAPHIC DISTRIBUTION.—In awarding
grants under this part, the Secretary shall ensure—
357
‘‘(A) an equitable geographic distribution;
and
‘‘(B) an equitable distribution to both urban
and rural areas with a high proportion of at-risk
youth as defined in subsection (e).
‘‘(d) ELIGIBILITY.—
‘‘(1) SERVICES FOR IN-SCHOOL YOUTH.—For the
purpose of providing a grant under this part to serve
in-school children and youth, the term ‘eligible entity’
means a partnership between a local education agen-
cy that is eligible for funds under title I of this Act,
and at least 1 institution of higher education or cul-
tural entity located within or accessible to the geo-
graphical boundaries of the local education agency
with a history of providing quality services to the
community, and which may include—
‘‘(A) nonprofit institutions of higher edu-
cation; museums; libraries; performing, present-
ing and exhibiting arts organizations; literary
arts organizations; local arts organizations; and
zoological and botanical organizations; and
‘‘(B) private for-profit entities with a his-
tory of training children and youth in the arts.
‘‘(2) SERVICES FOR OUT-OF-SCHOOL YOUTH.—
For purposes of providing a grant under this part to
358
serve out-of-school youth, the term ‘eligible entity’
means a partnership between at least 1 entity of the
type described in paragraph (A) or (B) of subsection
(1), or a local education agency eligible for funds
under chapter 1 of title I of this Act and at least 1
cultural entity described in subsection (1).
‘‘(e) TARGET POPULATION.—In order to receive a
grant under this part, an eligible entity shall serve—
‘‘(1) students enrolled in schools in participating
schoolwide projects assisted under title I of this Act
and the families of such students; or
‘‘(2) out-of-school youth at risk of having limited
future options as a result of teenage pregnancy and
parenting, substance abuse, recent migration, disabil-
ity, limited English proficiency, family migration, il-
literacy, being the child of a teen parent, living in a
single parent household, or being a high school drop-
out; or
‘‘(3) any combination of in school and out-of-
school at-risk youth.
‘‘(f) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Funds made under this part
may be used—
‘‘(A) to plan, develop, acquire, expand, and
improve school-based or community-based coordi-
360
‘‘(H) for stipends that allow local artists to
work with at-risk children and youth in the
schools;
‘‘(I) for cultural programs that encourage
the active participation of parents in their chil-
dren’s education;
‘‘(J) for programs that use the art reform
current school practices, including lengthening
the school day or academic year;
‘‘(K) for appropriate equipment and nec-
essary supplies; and
‘‘(L) for evaluation, administration, and
supervision.
‘‘(2) PRIORITY.—In providing assistance under
this part, the Secretary shall give priority to eligible
entities that provide comprehensive services that ex-
tend beyond traditional school or service hour, that
may include year round programs that provide serv-
ices in the evenings and on weekends.
‘‘(3) PLANNING GRANTS.—
‘‘(A) APPLICATION.—An eligible entity may
submit an application to the Secretary for a
planning grant for an amount not to exceed
$50,000. Such grants shall be for periods of not
more than 1 year.
361
‘‘(B) LIMIT
ON
PLANNING
GRANTS.—Not
more than 10 percent of the amounts appro-
priated in each fiscal year under this part shall
be used for grants under this subsection, and an
eligible entity may receive not more than 1 such
planning grant.
‘‘(g) GENERAL PROVISIONS.—
‘‘(1) IN GENERAL.—Each eligible entity desiring
a grant under this part 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) CONTENTS.—Each application submitted
pursuant to subsection (a) shall—
‘‘(A) describe the cultural entity or entities
that will participate in the partnership;
‘‘(B) describe the target population to be
served;
‘‘(C) describe the services to be provided;
‘‘(D) describe a plan for evaluating the suc-
cess of the program;
‘‘(E) describe, for a local educational agency
participant, how services will be perpetuated be-
yond the length of the grant;
362
‘‘(F) describe the manner in which the eligi-
ble entity will improve the educational achieve-
ment or future potential of at-risk youth through
more effective coordination of cultural services in
the community;
‘‘(G) describe the overall and operational
goals of the program; and
‘‘(H) describe the nature and location of all
planned sites where services will be delivered and
a description of services which will be provided
at each site.
‘‘(h) PAYMENTS—FEDERAL SHARE.—
‘‘(1) PAYMENTS.—The Secretary shall pay to
each eligible entity having an application approved
under subsection (g) the Federal share of the cost of
the activities described in the application.
‘‘(2) AMOUNTS OF GRANTS.—The amount of a
grant made under this part may not be less than
$100,000 or exceed $500,000 in the first year of such
grant.
‘‘(3) FEDERAL SHARE.—The Federal share shall
be 80 percent.
‘‘(4) NON-FEDERAL
SHARE.—The non-Federal
share shall be equal to 20 percent and may be in cash
363
or in kind, fairly evaluated, including facilities or
services.
‘‘(5) LIMITATION.—Not more than 25 percent of
any grant under this part may be used for
noninstructional services such as those described in
paragraphs D, E, and L of subsection (f).
‘‘(6) SUPPLEMENT AND NOT SUPPLANT.—Grant
funds awarded under this part shall be used to sup-
plement not supplant the amount of funds made
available from non-Federal sources, for the activities
assisted under this part, in amounts that exceed the
amounts expended for such activities in the year pre-
ceding the year for which the grant is awarded.
‘‘(7) DISSEMINATION
OF
MODELS.—The Sec-
retary shall disseminate information concerning suc-
cessful models under this part through the National
Diffusion Network.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this subpart,
$75,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
364
‘‘PART E—INEXPENSIVE BOOK DISTRIBUTION
PROGRAM
‘‘SEC. 3601. INEXPENSIVE BOOK DISTRIBUTION PROGRAM
FOR READING MOTIVATION.
‘‘(a) AUTHORIZATION.—The Secretary is authorized to
enter into a contract with Reading Is Fundamental (herein-
after in this section referred to as ‘the contractor’) to sup-
port and promote programs, which include the distribution
of inexpensive books to students, that motivate children to
read.
‘‘(b) REQUIREMENTS
OF CONTRACT.—Any contract
entered into under subsection (a) shall—
‘‘(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations or with public agencies under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of read-
ing motivation programs that include the distribution
of books, by gift, to the extent feasible, or by loan, to
children up through high school age, including those
in family literacy programs;
‘‘(2) provide that funds made available to sub-
contractors will be used only to pay the Federal share
of the cost of such programs;
‘‘(3) provide that in selecting subcontractors for
initial funding, the contractor will give priority to
365
programs that will serve a substantial number or per-
centage of children with special needs, such as—
‘‘(A) low-income children, particularly in
high-poverty areas;
‘‘(B) children at risk of school failure;
‘‘(C) children with disabilities, including
children with serious emotional disturbance;
‘‘(D) foster children;
‘‘(E) homeless children;
‘‘(F) migrant children;
‘‘(G) children without access to libraries;
‘‘(H) institutionalized or incarcerated chil-
dren; and
‘‘(I) children whose parents are institu-
tionalized or incarcerated;
‘‘(4) provide that the contractor will provide
such technical assistance to subcontractors as may be
necessary to carry out the purpose of this section;
‘‘(5) provide that the contractor will annually
report to the Secretary the number of, and describe,
programs funded under paragraph (3); and
‘‘(6) include such other terms and conditions as
the Secretary determines to be appropriate to ensure
the effectiveness of such programs.
366
‘‘(c) RESTRICTION
ON PAYMENTS.—The Secretary
shall make no payment of the Federal share of the cost of
acquiring and distributing books under any contract under
this section unless the Secretary determines that the con-
tractor or subcontractor, as the case may be, has made ar-
rangements with book publishers or distributors to obtain
books at discounts at least as favorable as discounts that
are customarily given by such publisher or distributor for
book purchases made under similar circumstances in the
absence of Federal assistance.
‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the pur-
pose of this section, the term ‘Federal share’ means the por-
tion of the cost to a subcontractor of purchasing books to
be paid with funds made available under this section. The
Federal share shall be established by the Secretary, and
shall not exceed 75 percent, except that the Federal share
for programs serving children of migrant or seasonal farm-
workers shall be 100 percent.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $10,300,000 for fiscal year 1995 and
such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
367
‘‘PART F—CIVIC EDUCATION
‘‘SEC. 3701. INSTRUCTION ON THE HISTORY AND PRIN-
CIPLES OF DEMOCRACY IN THE UNITED
STATES.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) PROGRAM
ESTABLISHED.—(A) The Sec-
retary shall carry out a program to enhance the at-
tainment of Goals Three and Six of the National
Education Goals by educating students about the his-
tory and principles of the Constitution of the United
States, including the Bill of Rights, and to foster civic
competence and responsibility.
‘‘(B) Such program shall be known as ‘We the
People . . . The Citizen and the Constitution’.
‘‘(2) EDUCATIONAL
ACTIVITIES.—The program
required by paragraph (1) shall—
‘‘(A) continue and expand the educational
activities of the We the People . . . The Citizen
and the Constitution program administered by
the Center for Civic Education; and
‘‘(B) enhance student attainment of chal-
lenging content standards in civics and govern-
ment.
‘‘(3) CONTRACT OR GRANT AUTHORIZED.—The
Secretary is authorized to enter into a contract or
368
grant with the Center for Civic Education to carry
out the program required by paragraph (1).
‘‘(b) PROGRAM CONTENT.—The education program
authorized by this section shall provide—
‘‘(1) a course of instruction on the basic prin-
ciples of our constitutional democracy and the history
of the Constitution and the Bill of Rights;
‘‘(2) school and community simulated congres-
sional hearings following the course of study at the re-
quest of participating schools; and
‘‘(3) an annual national competition of simu-
lated congressional hearings for secondary students
who wish to participate in such program.
‘‘(c) PROGRAM PARTICIPANTS.—The education pro-
gram authorized by this section shall be made available to
public and private elementary and secondary schools in the
435 congressional districts, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
District of Columbia.
‘‘(d) SPECIAL RULE.—Funds provided under this sec-
tion may be used for the advanced training of teachers in
civics and government after the provisions of subsection (b)
have been implemented.
369
‘‘SEC. 3702. INSTRUCTION IN CIVICS, GOVERNMENT, AND
THE LAW.
‘‘(a) PROGRAM ESTABLISHED.—The Secretary shall
carry out a program of grants and contracts to assist State
and local educational agencies and other public and private
nonprofit agencies, organizations and institutions to en-
hance—
‘‘(1) attainment by students of challenging con-
tent standards in civics, government, and the law;
and
‘‘(2) attainment by the Nation of Goals Three
and Six of the National Education Goals.
‘‘(b) AUTHORIZED ACTIVITIES.—Assistance under this
section may support new and ongoing programs in elemen-
tary and secondary schools that provide for—
‘‘(1) the development and implementation of cur-
ricular programs that enhance student understanding
of—
‘‘(A) the values and principles which under-
lie, and the institutions and processes which
comprise, our system of government;
‘‘(B) the role of law in our constitutional
democracy, including activities to promote—
‘‘(i) legal literacy; and
‘‘(ii) a dedication by students to the
use of non-violent means of conflict resolu-
370
tion such as arbitration, mediation, nego-
tiation, trials, and appellate hearings; and
‘‘(C) the rights and responsibilities of citi-
zenship;
‘‘(2) professional development for teachers, in-
cluding pre-service and in-service training;
‘‘(3) outside-the-classroom learning experiences
for students, including community service activities;
‘‘(4) the active participation of community lead-
ers, from the public and private sectors, in the schools;
and
‘‘(5) the provision of technical assistance to State
and local educational agencies and other institutions
and organizations working to further the progress of
the Nation in attaining the Goals Three and Six of
the National Education Goals in civics and govern-
ment.
‘‘(c) APPLICATIONS, PEER REVIEW AND PRIORITY.—
‘‘(1) SUBMISSION OF APPLICATIONS.—A State or
local educational agency, other public or private non-
profit agency, organization or institution that desires
to receive a grant or enter into a contract under this
section shall submit an application to the Secretary
at such time, in such manner, and containing or ac-
371
companied by such information as the Secretary may
reasonably require.
‘‘(2) PEER
REVIEW.—(A) The Secretary shall
convene a panel of individuals for purpose of review-
ing and rating applications submitted under para-
graph (1).
‘‘(B) Such individuals shall have experience with
education programs in civics, government, and the
law.
‘‘(3) Priority.—In making grants or awarding
contracts under this section, the Secretary shall give
priority consideration to applications which propose
the operation of statewide programs.
‘‘(d) DURATION OF GRANTS AND EXCEPTION.—
‘‘(1) DURATION.—Except as provided in para-
graph (2), the Secretary shall make grants and enter
into contracts under this section for periods of 2 or
3 years.
‘‘(2) EXCEPTION.—The Secretary may make a
grant or enter into a contract under this section for
a period of less than 2 years if the Secretary deter-
mines that special circumstances exist which warrant
a one year grant or contract award.
372
‘‘SEC. 3703. REPORT; AUTHORIZATION OF APPROPRIA-
TIONS.
‘‘(a) REPORT.—The Secretary shall report, on a bien-
nial basis, to the Committee on Education and Labor of
the House of Representatives and to the Committee on
Labor and Human Resources of the Senate related to the
distribution and use of funds authorized under this part.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) GENERAL.—To carry out this part, there
are authorized to be appropriated $15,000,000 for fis-
cal year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
‘‘(2) ALLOCATION.—From the amount appro-
priated under subsection (a), the Secretary shall allo-
cate—
‘‘(A) 40 percent of such amount to carry out
section 3701; and
‘‘(B) 60 percent of such amount to carry
out section 3702.
‘‘PART G—NATIVE HAWAIIAN EDUCATION
‘‘SEC. 3801. SHORT TITLE.
‘‘This part may be cited as the ‘Native Hawaiian Edu-
cation Act’.
‘‘SEC. 3802. FINDINGS.
‘‘The Congress finds that:
373
‘‘(1) Native Hawaiians comprise a distinct and
unique indigenous people with a historical continuity
to the original inhabitants of the Hawaiian archipel-
ago whose society was organized as a Nation prior to
the arrival of the first non-indigenous people in 1778.
‘‘(2) The Native Hawaiian people are entitled to
preserve, develop and transmit to future generations
their ancestral territory, and their cultural identity
in accordance with their own spiritual and tradi-
tional beliefs, customs, practices, languages, and so-
cial institutions.
‘‘(3) The constitution and statutes of the State of
Hawaii:
‘‘(A) acknowledge the distinct land rights of
the Native Hawaiian people as beneficiaries of
the public lands trust; and
‘‘(B) reaffirm and protect the unique right
of the Native Hawaiian people to practice and
perpetuate their cultural and religious customs,
beliefs, practices, and language.
‘‘(4) At the time of the arrival of the first non-
indigenous people in Hawaii in 1778, the Native Ha-
waiian people lived in a highly organized, self-suffi-
cient, subsistence social system based on communal
374
land tenure with a sophisticated language, culture,
and religion.
‘‘(5) A unified monarchial government of the
Hawaiian Islands was established in 1810 under Ka-
mehameha I, the first King of Hawaii.
‘‘(6) Throughout the 19th century and until
1893, the United States: (a) recognized the independ-
ence of the Hawaiian Nation; (b) extended full and
complete diplomatic recognition to the Hawaiian gov-
ernment; and (c) entered into treaties and conven-
tions with the Hawaiian monarchs to govern com-
merce and navigation in 1826, 1842, 1849, 1875 and
1887.
‘‘(7) In the year 1893, the United States Min-
ister assigned to the sovereign and independent King-
dom of Hawaii, John L. Stevens, conspired with a
small group of non-Hawaiian residents of the King-
dom, including citizens of the United States, to over-
throw the indigenous and lawful Government of
Hawaii.
‘‘(8) In pursuance of that conspiracy, the United
States Minister and the naval representative of the
United States caused armed naval forces of the Unit-
ed States to invade the sovereign Hawaiian Nation in
support of the overthrow of the indigenous and lawful
375
Government of Hawaii and the United States Min-
ister thereupon extended diplomatic recognition of a
provisional government formed by the conspirators
without the consent of the native people of Hawaii or
the lawful Government of Hawaii in violation of trea-
ties between the two nations and of international law.
‘‘(9) In a message to Congress on December 18,
1893, then President Grover Cleveland reported fully
and accurately on these illegal actions, and acknowl-
edged that by these acts, described by the President as
acts of war, the government of a peaceful and friendly
people was overthrown, and the President concluded
that a ‘substantial wrong has thus been done which
a due regard for our national character as well as the
rights of the injured people require that we should
endeavor to repair.’
‘‘(10) Queen Lili’uokalani, the lawful monarch of
Hawaii, and the Hawaiian Patriotic League, rep-
resenting the aboriginal citizens of Hawaii, promptly
petitioned the United States for redress of these
wrongs and for restoration of the indigenous govern-
ment of the Hawaiian nation, but this petition was
not acted upon.
‘‘(11) In 1898, the United States annexed Ha-
waii through the Newlands Resolution, without the
376
consent of or compensation to the indigenous people
of Hawaii or their sovereign government, who were
denied their land, ocean resources, and the mechanism
for expression of their inherent sovereignty through
self-government and self-determination.
‘‘(12) Through the Newlands Resolution and the
1900 Organic Act, the United States Congress re-
ceived 1.75 million acres of lands formerly owned by
the Crown and Government of the Hawaiian King-
dom and exempted the lands from then existing public
land laws of the United States by mandating that the
revenue and proceeds from these lands be ‘used solely
for the benefit of the inhabitants of the Hawaiian Is-
lands for education and other public purposes,’ there-
by establishing a special trust relationship between
the United States and the indigenous native inhab-
itants of Hawaii.
‘‘(13) Congress enacted the Hawaiian Homes
Commission Act of 1920 designating 200,000 acres of
the ceded public lands for exclusive homesteading by
Native Hawaiians, affirming the trust relationship
between the United States and the Native Hawaiians,
as expressed by then Secretary of the Interior Frank-
lin K. Lane, who was cited in the Committee Report
of the United States House of Representatives Com-
377
mittee on Territories as stating: ‘One thing that im-
pressed me . . . was the fact that the natives of these
islands who are our wards, I should say, and for
whom in a sense we are trustees, are falling off rap-
idly in numbers and many of them are in poverty.’
‘‘(14) In 1938, the United States Congress again
acknowledged the unique status of the Hawaiian peo-
ple by including in the Act of June 20, 1938 (52 Stat.
781 et seq.), a provision to lease lands within the Na-
tional Parks extension to Native Hawaiians and to
permit fishing in the area ‘only by native Hawaiian
residents of said area or of adjacent villages and by
visitors under their guidance.’
‘‘(15) Under the Act entitled ‘An Act to provide
for the admission of the State of Hawaii into the
Union’ Approved March 18, 1959 (73 Stat. 4), the
United States transferred responsibility for the ad-
ministration of the Hawaiian Home Lands to the
State of Hawaii but reaffirmed the trust relationship
which existed between the United States and the Ha-
waiian people by retaining the exclusive power to en-
force the trust, including the power to approve land
exchanges and legislative amendments affecting the
rights of beneficiaries under such Act.
378
‘‘(16) Under the Act entitled ‘An Act to provide
for the admission of the State of Hawaii into the
Union’, approved March 18, 1959 (73 Stat. 4), the
United States transferred responsibility for adminis-
tration over portions of the ceded public lands trust
not retained by the United States to the State of Ha-
waii but reaffirmed the trust responsibility which ex-
isted between the United States and the Hawaiian
people by retaining the legal responsibility to enforce
the administration of the public trust responsibility of
the State of Hawaii for the betterment of the condi-
tions of Native Hawaiians under section 5(f) of the
Act entitled ‘An Act to provide for the admission of
the State of Hawaii into the Union.’
‘‘(17) The authority of the Congress under the
United States Constitution to legislate in matters af-
fecting the aboriginal or indigenous peoples of the
United States includes the authority to legislate in
matters affecting the native peoples of Alaska and
Hawaii.
‘‘(18) In furtherance to the trust responsibility
for the betterment of the conditions of native Hawai-
ians, the United States has established educational
programs to benefit Native Hawaiians and has ac-
knowledged that special educational efforts are re-
379
quired recognizing the unique cultural and historical
circumstances of Native Hawaiians.
‘‘(19) This historical and legal relationship has
been consistently recognized and affirmed by the Con-
gress through the enactment of Federal laws which ex-
tend to the Hawaiian people the same rights and
privileges accorded to American Indian, Alaska Na-
tive, Eskimo, and Aleut communities, including the
Native American Programs Act of 1974; the Native
American Programs Act of 1992, as amended; the Na-
tional Historic Act Amendments of 1992; the Amer-
ican Indian Religious Freedom Act; the Native Amer-
ican Graves Protection and Repatriation Act.
‘‘(20) The United States has also recognized and
reaffirmed the trust relationship to the Hawaiian
people through legislation which authorizes the provi-
sion of services to Native Hawaiians, specifically, the
Older Americans Act of 1965, the Developmental Dis-
abilities Assistance and Bill of Rights Act Amend-
ments of 1987, the Veterans’ Benefits and Services Act
of 1988, the Rehabilitation Act of 1973, the Native
Hawaiian Health Care Act of 1988, the Health Pro-
fessions Reauthorization Act of 1988, the Nursing
Shortage Reduction and Education Extension Act of
1988, the Handicapped Programs Technical Amend-
381
‘‘(i) 
lower 
educational 
attainment
among Native Hawaiians has been found to
relate to lower socioeconomic outcomes;
‘‘(ii) Native Hawaiian students con-
tinue 
to 
be 
disproportionately 
under-
represented in Institutions of Higher Edu-
cation;
‘‘(iii) Native Hawaiians continue to be
underrepresented in traditional white collar
professions, health care professions, and the
newly emerging technology based professions
and are overrepresented in service occupa-
tions;
‘‘(iv) Native Hawaiian children con-
tinue to be disproportionately victimized by
child abuse and neglect, a signal of family
stress; and
‘‘(v) there are and will continue to be
geographically rural, isolated areas with a
high Native Hawaiian population density.
‘‘(22) Special efforts in education recognizing the
unique cultural and historical circumstances of Na-
tive Hawaiians are required.
‘‘SEC. 3803. PURPOSE.
‘‘It is the purpose of this part to—
382
‘‘(1) authorize and develop supplemental edu-
cational programs to assist Native Hawaiians in
reaching the National Education Goals,
‘‘(2) provide direction and guidance to appro-
priate Federal, State, and local agencies to focus re-
sources, including those made available by the title on
the problem of Native Hawaiian Education, and
‘‘(3) supplement and expand existing programs
and authorities in the area of education to further the
purposes of the title.
‘‘(4) encourage the maximum participation of
Native Hawaiians in planning and management of
Native Hawaiian Education Programs.
‘‘SEC. 3804. NATIVE HAWAIIAN EDUCATION COUNCIL.
‘‘(a) ESTABLISHMENT.—In order to better effectuate
the purposes of this part through assistance in the coordina-
tion of services and programs provided for under this part,
the Secretary shall establish a Native Hawaiian Education
Council.
‘‘(b) COMPOSITION.—Such Council shall consist of, but
not be limited to:
‘‘(1) representatives of each of the programs
which receive Federal funding under this part;
‘‘(2) a representative from the Office of the
Governor;
383
‘‘(3) a representative from the Office of Hawai-
ian Affairs;
‘‘(4) representatives of other Native Hawaiian
Educational organizations and Native Hawaiian or-
ganizations which receive Federal or state education
funds; and
‘‘(5) parent, student, educator and community
organizations.
‘‘(c) CONDITIONS AND TERMS.—All members of the
Council shall be residents of the State of Hawaii, and at
least half of the members shall be Native Hawaiian. Mem-
bers of the Council shall be appointed for five year terms.
‘‘(d) DUTIES AND RESPONSIBILITIES.—(1) The Coun-
cil shall provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources, includ-
ing those made available by this title on Native Hawaiian
Education.
‘‘(2) The Council is authorized to make available to
Congress any information, advice, and recommendations
that the Council is authorized to give to the Secretary.
‘‘(3) The Secretary shall, whenever practicable, consult
with the Council before taking any significant action relat-
ed to the education of Native Hawaiians. Any advice or
recommendation made by the Council to the Secretary shall
384
reflect the independent judgment of the Council on the mat-
ter concerned.
‘‘(e) ADMINISTRATIVE PROVISIONS.—The Council shall
meet at the call of the Chair, or upon the request of the
majority of the Council, but in any event not less than twice
during each calendar year. All matters relating to, or pro-
ceedings of, the Council need not comply with the Federal
Advisory Committee Act.
‘‘(f) COMPENSATION.—A member of the Native Hawai-
ian Council shall not receive any compensation for service
on the Council.
‘‘(g) ANNUAL REPORT.—The Council shall present to
the Secretary an annual report on its activities.
‘‘(h) REPORT TO CONGRESS.—Not later than 4 years
after the date of the enactment of the Improving America’s
Schools Act, the Secretary shall prepare and submit to the
Senate Committee on Indian Affairs and the House Com-
mittee on Education and Labor, a report which summarizes
the annual reports of the Native Hawaiian Council, de-
scribes the allocation and utilization of monies under this
part, and contains recommendations for changes in Fed-
eral, State, and local policy to advance the purposes of this
part.
385
‘‘SEC. 3805. NATIVE HAWAIIAN LANGUAGE IMMERSION
PROJECT.
‘‘(a) NATIVE HAWAIIAN LANGUAGE IMMERSION AU-
THORITY.—In order to continue the state-wide effort at revi-
talizing the Native Hawaiian Language through the
Punana Leo Project and the State of Hawaii’s immersion
project, the Secretary shall make direct grants to—
‘‘(1) Aha Punana Leo for the continued mainte-
nance of the Punana Leo Project, a family-based Ha-
waiian Immersion pre-school program;
‘‘(2) the State of Hawaii for education support
services for the State of Hawaii’s Hawaiian Immer-
sion Program; and to
‘‘(3) the State of Hawaii to establish a center for
Native Hawaiian curriculum development and teach-
er training.
‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $1,500,000 for fiscal year
1995 and such sums as may be necessary for fiscal years
1996 through 1999. Such funds shall remain available until
expended.
386
‘‘SEC. 3806. NATIVE HAWAIIAN FAMILY-BASED EDUCATION
CENTERS.
‘‘(a) GENERAL
AUTHORITY.—The Secretary shall
make direct grants to Native Hawaiian Organizations (in-
cluding Native Hawaiian Educational Organizations) to
develop and operate a minimum of eleven Family-Based
Education Centers throughout the Hawaiian Islands. Such
centers shall include—
‘‘(1) Parent-Infant programs (prenatal through
age 3);
‘‘(2) Preschool programs for four and five year-
olds;
‘‘(3) continued research and development; and
‘‘(4) long term followup and assessment pro-
gram.
‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other amount authorized for the centers de-
scribed in subsection (a), there is authorized to be appro-
priated $6,000,000 for fiscal year 1995 and such sums as
may be necessary for fiscal years 1996 through 1999. Such
funds shall remain available until expended.
387
‘‘SEC. 3807. NATIVE HAWAIIAN HIGHER EDUCATION DEM-
ONSTRATION PROGRAM.
‘‘(a) HIGHER EDUCATION GENERAL AUTHORITY.—
The Secretary shall make grants to the Kamehameha
Schools/Bernice Pauahi Bishop Estate for a demonstration
program to provide Higher Education fellowship assistance
to Native Hawaiian students. The demonstration program
under this program may include—
‘‘(1) full or partial fellowship support for Native
Hawaiian students enrolled at an accredited two or
four year degree granting institution of higher edu-
cation with awards to be based on academic potential
and financial need;
‘‘(2) counseling and support services for such
students receiving fellowship assistance pursuant to
subsection (a)(1) of this section;
‘‘(3) college preparation and guidance counseling
at the secondary school level for students who may be
eligible for fellowship assistance pursuant to sub-
section (a)(1) of this section;
‘‘(4) appropriate research and evaluation of the
activities authorized by this section; and
‘‘(5) implementation of faculty development pro-
grams for the improvement and matriculation of Na-
tive Hawaiian students.
388
‘‘(b) GRANTS
AUTHORIZED.—The Secretary shall
make grants to Kamehameha Schools/Bernice Pauahi Bish-
op Estate for a demonstration project of fellowship assist-
ance for Native Hawaiian students in post-bachelor degree
programs. Such project may include—
‘‘(1) full or partial fellowship support for Native
Hawaiian students enrolled at an accredited post-
bachelor degree granting institution of higher edu-
cation, with priority given to professions in which
Native Hawaiians are under-represented and with
awards to be based on academic potential and finan-
cial need;
‘‘(2) counseling and support services for such
students receiving fellowship assistance pursuant to
subsection (b)(1) of this section; and
‘‘(3) appropriate research and evaluation of the
activities authorized by this section.
‘‘(c) SPECIAL CONDITION REQUIRED.—For the pur-
pose of subsection (b) fellowship conditions shall be estab-
lished whereby recipients obtain an enforceable contract ob-
ligation to provide their professional services, either during
their fellowship or upon completion of post-bachelor degree
program, to the Native Hawaiian community within the
State of Hawaii.
389
‘‘(d) SPECIAL RULE.—No policy shall be made in im-
plementing this Section to prevent a Native Hawaiian stu-
dent enrolled at an accredited two or four year degree
granting institution of higher education outside of the State
of Hawaii from receiving a fellowship pursuant to Para-
graphs (a) and (b) of this Section.
‘‘(e) ADMINISTRATIVE COSTS.—No more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) There are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as
may be necessary for fiscal years 1996 through 1999
for the purpose of funding the fellowship assistance
demonstration project under subsection (a).
‘‘(2) There are authorized to be appropriated
$1,500,000 for fiscal year 1995 and such sums as
may be necessary for fiscal years 1996 through 1999
for the purpose of funding the fellowship assistance
demonstration project provided under subsection (b).
‘‘(3) Funds appropriated under the authority of
this subsection shall remain available until expended.
390
‘‘SEC. 3808. NATIVE HAWAIIAN GIFTED AND TALENTED DEM-
ONSTRATION PROGRAM.
‘‘(a) GIFTED AND TALENTED DEMONSTRATION AU-
THORITY.—
‘‘(1) The Secretary shall provide a grant to, or
enter into a contract with, the University of Hawaii
at Hilo for—
‘‘(A) the establishment of a Native Hawai-
ian Gifted and Talented Center at the University
of Hawaii at Hilo, and
‘‘(B) for demonstration projects designed
to—
(i) address the special needs of Native
Hawaiian elementary and secondary school
students who are gifted and talented stu-
dents, and
(ii) provide those support services to
their families that are needed to enable such
students to benefit from the project.
Such grant or contract shall be subject to the availability
of appropriated funds and, contingent on satisfactory per-
formance by the grantee, shall be provided for a term of
3 years.
‘‘(2) After the term of the grant or contract pro-
vided, or entered into, under paragraph (1) has ex-
pired, the Secretary shall, for the purposes described
391
in subparagraphs (A) and (B) of paragraph (1), pro-
vide a grant to, or enter into a contract with, the
public, 4-year, fully accredited institution of higher
education located in the State of Hawaii which has
made the greatest contribution to Native Hawaiian
students. Such grant or contract shall be provided on
an annual basis. The grantees shall be authorized to
subcontract when appropriate, including with the
Children’s Television Workshop.
‘‘(b) USES OF FUNDS.—Demonstration projects funded
under this section may include—
‘‘(1) the identification of the special needs of gift-
ed and talented students, particularly at the elemen-
tary school level, with attention to—
‘‘(A) the emotional and psychosocial needs
of these students, and
‘‘(B) the provision of those support services
to their families that are needed to enable these
students to benefit from the projects;
‘‘(2) the conduct of educational, psychosocial,
and developmental activities which hold reasonable
promise of resulting in substantial progress toward
meeting the educational needs of such gifted and tal-
ented children, including, but not limited to, dem-
onstrating and exploring the use of the Native Ha-
392
waiian language and exposure to Native Hawaiian
cultural traditions;
‘‘(3) the use of public television in meeting the
special educational needs of such gifted and talented
children;
‘‘(4) leadership programs designed to replicate
programs for such children throughout the State of
Hawaii and to other Native American peoples, in-
cluding the dissemination of information derived
from demonstration projects conducted under this sec-
tion; and
‘‘(5) appropriate research, evaluation, and relat-
ed activities pertaining to—
‘‘(A) the needs of such children, and
‘‘(B) the provision of those support services
to their families that are needed to enable such
children to benefit from the projects.
‘‘(c) INFORMATION PROVISION.—The Secretary shall
facilitate the establishment of a national network of Native
Hawaiian and American Indian Gifted and Talented Cen-
ters, and ensure that the information developed by these cen-
ters shall be readily available to the educational community
at large.
‘‘(d) ADMINISTRATIVE COSTS.—No more than 7 per-
cent of the funds appropriated to carry out the provisions
393
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other amount authorized for projects described
in this section there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for fiscal years 1996 through 1999. Such funds
shall remain available until expended.
‘‘SEC. 3809. NATIVE HAWAIIAN SPECIAL EDUCATION PRO-
GRAM.
‘‘(a) SPECIAL EDUCATION AUTHORITY.—The Sec-
retary shall make grants to, and enter into contracts with,
Pihana Na Mamo, to operate projects to address the special
education needs of Native Hawaiian students. Such projects
assisted under this section may include—
‘‘(1) the identification of Native Hawaiian chil-
dren who are learning disabled, mentally or phys-
ically handicapped, educable mentally retarded, or
otherwise in need of special educational services;
‘‘(2) the identification of special education needs
of such children, particularly at the elementary school
level, with attention to—
‘‘(A) the emotional and psychosocial needs
of these students, and
394
‘‘(B) the provision of those support services
to their families that are needed to enable such
children to benefit from the projects.
‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(c) MATCHING FUNDS.—(1) The Secretary may not
make a grant or provide funds pursuant to a contract under
this subsection—
‘‘(A) in an amount exceeding 83.3 percent of the
costs of providing health services under the grant or
contract; and
‘‘(B) unless Pihana Na Mamo agrees that the
State of Hawaii, the Office of Hawaiian Affairs, or
any other non-Federal entity will make available, di-
rectly or through donations to the Native Hawaiian
Special Education Project, non-Federal contributions
toward such costs in an amount equal to not less than
$1 (in cash or in kind under paragraph (2)) for each
$5 of Federal funds provided in such grant or
contract.
‘‘(2) Non-Federal contributions required in paragraph
(1) may be in cash or in kind, fairly evaluated, including
plant, equipment, or services. Amounts provided by the Fed-
395
eral Government or services assisted or subsidized to any
significant extent by the Federal Government may not be
included in determining the amount of non-Federal con-
tributions.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other amount authorized for such project, there
is authorized to be appropriated $2,000,000 for fiscal year
1995 and such sums as may be necessary for fiscal years
1996 through 1999. Such funds shall remain available until
expended.
‘‘SEC. 3810. ADMINISTRATIVE PROVISIONS.
‘‘(a) APPLICATION REQUIRED.—No grant may be
made under this part, nor any contract be entered into
under this part, unless an application is submitted to the
Secretary in such form, in such manner, and containing
such information as the Secretary may determine necessary
to carry out the provisions of this title.
‘‘(b) SPECIAL RULE.—Each application submitted
under this title shall be accompanied by the comments of
each local educational agency serving students who will
participate in the project for which assistance is sought.
‘‘SEC. 3811. DEFINITIONS.
‘‘For the purposes of this part—
‘‘(1) The term ‘Native Hawaiian’ means any in-
dividual who is—
396
‘‘(A) a citizen of the United States,
‘‘(B) a resident of the State of Hawaii, and
‘‘(C) a descendant of the aboriginal people,
who prior to 1778, occupied and exercised sov-
ereignty in the area that now comprises the
State of Hawaii, as evidenced by—
‘‘(i) genealogical records,
‘‘(ii) Kupuna (elders) or Kama’aina
(long-term community residents) verifica-
tion, or
‘‘(iii) birth records of the State of
Hawaii.
‘‘(2) The term ‘Secretary’ means the Secretary of
Education.
‘‘(3) The term ‘Native Hawaiian Educational
Organization’ means a private nonprofit organization
that—
‘‘(A) serves the interests of Native Hawai-
ians,
‘‘(B) has Native Hawaiians in substantive
and policy-making positions within the organi-
zations,
‘‘(C) has a demonstrated expertise in the
education of Native Hawaiian youth, and
397
‘‘(D) has demonstrated expertise in research
and program development.
‘‘(4) The term ‘Native Hawaiian Organization’
means a private nonprofit organization that—
‘‘(A) serves the interests of Native Hawai-
ians, and
‘‘(B) has Native Hawaiians in substantive
and policy-making positions within the organi-
zations,
‘‘(C) is recognized by the Governor of Ha-
waii for the purpose of planning, conducting, or
administering programs (or portions of pro-
grams) for the benefit of Native Hawaiians.
‘‘(5) The term ‘elementary school’ has the same
meaning given that term under section 9101 of this
Act.
‘‘(6) The term ‘local educational agency’ has the
same meaning given that term under section 9101 of
this Act.
‘‘(7) The term ‘secondary school’ has the same
meaning given that term under section 9101 of this
Act.
398
‘‘PART H—ALLEN J. ELLENDER FELLOWSHIP
PROGRAM
‘‘SEC. 3901. FINDINGS.
‘‘The Congress makes the following findings:
‘‘(1) It is a worthwhile goal to ensure that all
students in America are prepared for responsible citi-
zenship and that all students should have the oppor-
tunity to be involved in activities that promote and
demonstrate good citizenship.
‘‘(2) It is a worthwhile goal to ensure that Amer-
ica’s educators have access to programs for the contin-
ued improvement of their professional skills.
‘‘(3) Allen J. Ellender, a Senator from Louisi-
ana and President pro tempore of the United States
Senate, had a distinguished career in public service
characterized by extraordinary energy and real con-
cern for young people. Senator Ellender provided val-
uable support and encouragement to the Close Up
Foundation, a nonpartisan, nonprofit foundation
promoting knowledge and understanding of the Fed-
eral Government among young people and educators.
Therefore, it is a fitting and appropriate tribute to
Senator Ellender to provide fellowships in his name
to students of limited economic means, the teachers
who work with them and older Americans so that they
399
may participate in the programs supported by the
Close Up Foundation.
‘‘Subpart 1—Program for Middle and Secondary
School Students
‘‘SEC. 3911. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make grants in accordance with the provisions of
this title to the Close Up Foundation of Washington, Dis-
trict of Columbia, a nonpartisan, nonprofit foundation, for
the purpose of assisting the Close Up Foundation in carry-
ing out its programs of increasing understanding of the
Federal Government among middle and secondary school
students.
‘‘(b) USE OF FUNDS.—Grants under this title shall be
used only for financial assistance to economically disadvan-
taged students who participate in the program described in
subsection (a) of this section. Financial assistance received
pursuant to this title by such students shall be known as
Allen J. Ellender fellowships.
‘‘SEC. 3912. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
title may be made except upon an application at such time,
in such manner, and accompanied by such information as
the Secretary may reasonably require.
400
‘‘(b) CONTENTS OF APPLICATION.—Each such applica-
tion shall contain provisions to assure—
‘‘(1) that fellowship grants are made to economi-
cally disadvantaged middle and secondary school stu-
dents;
‘‘(2) that every effort will be made to ensure the
participation of students from rural and small town
areas, as well as from urban areas, and that in
awarding fellowships to economically disadvantaged
students, special consideration will be given to the
participation of students with special educational
needs, including physically challenged students,
visually- and hearing-impaired students, ethnic mi-
nority students, and gifted and talented students; and
‘‘(3) the proper disbursement of the funds of the
United States received under this title.
‘‘Subpart 2—Program for Middle and Secondary
School Teachers
‘‘SEC. 3915. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make grants in accordance with the provisions of
this title to the Close Up Foundation of Washington, Dis-
trict of Columbia, a nonpartisan, nonprofit foundation, for
the purpose of assisting the Close Up Foundation in carry-
401
ing out its programs of teaching skills enhancement for
middle and secondary school teachers.
‘‘(b) USE OF FUNDS.—Grants under this title shall be
used only for financial assistance to teachers who partici-
pate in the program described in subsection (a) of this sec-
tion. Financial assistance received pursuant to this title by
such individuals shall be known as Allen J. Ellender fellow-
ships.
‘‘SEC. 3916. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Each such applica-
tion shall contain provisions to assure—
‘‘(1) that fellowship grants are made only to
teachers who have worked with at least one student
from his or her school who participates in the pro-
grams described in section 101(a);
‘‘(2) that not more than one teacher in each
school participating in the programs provided for in
section 101(a) may receive a fellowship in any fiscal
year;
‘‘(3) the proper disbursement of the funds of the
United States received under this title.
402
‘‘Subpart 3—Programs for Recent Immigrants,
Students of Migrant Parents and Older Americans
‘‘SEC. 3921. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—(1) The Secretary is au-
thorized to make grants in accordance with the provisions
of this title to the Close Up Foundation of Washington, Dis-
trict of Columbia, a nonpartisan, nonprofit foundation, for
the purpose of assisting the Close Up Foundation in carry-
ing out its programs of increasing understanding of the
Federal Government among economically disadvantaged
older Americans, recent immigrants and students of mi-
grant parents.
‘‘(2) For the purpose of this subpart, the term ‘older
American’ means an individual who has attained 55 years
of age.
‘‘(b) USE OF FUNDS.—Grants under this subpart shall
be used only for financial assistance to economically dis-
advantaged older Americans, recent immigrants and stu-
dents of migrant parents who participate in the program
described in subsection (a) of this section. Financial assist-
ance received pursuant to this subpart by such individuals
shall be known as Allen J. Ellender fellowships.
‘‘SEC. 3922. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon application at such time,
403
in such manner, and accompanied by such information as
the Secretary may reasonably require.
‘‘(b) CONTENTS OF APPLICATION.—Each such applica-
tion shall contain provisions to assure—
‘‘(1) that fellowship grants are made to economi-
cally disadvantaged older Americans, recent immi-
grants and students of migrant parents;
‘‘(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants
and students of migrant parents from rural and
small town areas, as well as from urban areas, and
that in awarding fellowships, special consideration
will be given to the participation of older Americans,
recent immigrants and students of migrant parents
with special needs, including physically challenged
individuals, visually- and hearing-impaired individ-
uals, ethnic minorities, and gifted and talented stu-
dents;
‘‘(3) that activities permitted by section 301(a)
are fully described; and
‘‘(4) the proper disbursement of the funds of the
United States received under this title.
404
‘‘Subpart 4—General Provisions
‘‘SEC. 3925. ADMINISTRATIVE PROVISIONS.
‘‘(a) GENERAL RULE.—Payments under this part may
be made in installments, in advance, or by way of reim-
bursement, with necessary adjustments on account of
underpayment or overpayment.
‘‘(b) AUDIT RULE.—The Comptroller General of the
United States or any of the Comptroller General’s duly au-
thorized representatives shall have access for the purpose of
audit and examination to any books, documents, papers,
and records that are pertinent to any grant under this part.
‘‘SEC. 3926. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) There are authorized to be appropriated to carry
out the provisions of subparts 1, 2, and 3 of this part
$4,400,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
‘‘(b) Of the funds appropriated pursuant to subsection
(a), not more than 30 percent may be used for teachers asso-
ciated with students participating in the programs de-
scribed in section 3911(a).
‘‘PART I—TERRITORIAL EDUCATION
IMPROVEMENT PROGRAM
‘‘SEC. 3931. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
405
‘‘(1) the attainment of a high quality education
is important to a society and to each individual;
‘‘(2) it is the policy of the United States that all
citizens have a fair opportunity to receive a high
quality education;
‘‘(3) such opportunity should extend to United
States citizens and nationals residing in the outlying
areas;
‘‘(4) reports show that the outlying areas have
repeatedly placed last in national education tests
which measure knowledge in core subject areas;
‘‘(5) all students must realize their potential if
the United States is to prosper; and
‘‘(6) students in the outlying areas require addi-
tional assistance if they are to obtain the high stand-
ards established for all students in the United States.
‘‘(b) PURPOSES.—The purpose of this part is to au-
thorize an education improvement program for the United
States Virgin Islands, Guam, American Samoa, the North-
ern Mariana Islands, and Palau which will assist in devel-
oping programs which will enhance student learning, in-
crease the standard of education, and improve the perform-
ance levels of all students.
406
‘‘SEC. 3932. GRANT AUTHORIZATION.
‘‘The Secretary is authorized to make grants to the Vir-
gin Islands, Guam, American Samoa, the Northern Mari-
ana Islands and Palau, until the effective date of the Com-
pact of Free Association with the Government of Palau, to
fund innovative education improvement programs which
will increase student learning.
‘‘SEC. 3933. RESTRICTIONS.
‘‘(a) CONSTRUCTION.—No funds from a grant under
section 3922 may be used for construction.
‘‘(b) FULL USE.—If funds authorized under section
3922 are not fully committed within the period of the grant,
the grant for the next period shall be reduced by the amount
of funds not fully committed.
‘‘SEC. 3934. AUTHORIZATION.
‘‘There are authorized to be appropriated for grants
under section 3922 $5,000,000 for each of the fiscal years
1994 through 1999.
‘‘TITLE 
IV—SAFE 
AND 
DRUG-
FREE SCHOOLS AND COMMU-
NITIES
‘‘SEC. 4001. SHORT TITLE.
‘‘This title may be cited as the ‘Safe and Drug-Free
Schools and Communities Act of 1994’.
‘‘SEC. 4002. FINDINGS.
‘‘The Congress finds as follows:
407
‘‘(1) National Education Goal Six provides that
by the year 2000, all schools in America will be free
of drugs and violence and offer a disciplined environ-
ment that is conducive to learning.
‘‘(2) The widespread illegal use of alcohol and
other drugs among the Nation’s secondary school stu-
dents, and increasingly by students in elementary
schools as well, constitutes a grave threat to their
physical and mental well-being, and significantly im-
pedes the learning process. For example, data show
that students who drink tend to receive lower grades
and are more likely to miss school because of illness
than students who do not drink.
‘‘(3) Our Nation’s schools and communities are
increasingly plagued by violence and crime. Approxi-
mately three million thefts and violent crimes occur
in or near our Nation’s schools every year, the equiva-
lent of more than 16,000 incidents per school day.
Approximately one of every five high school students
now carries a firearm, knife, or club on a regular
basis.
‘‘(4) The tragic consequences of violence and the
illegal use of alcohol and drugs by students are felt
not only by students and their families, but by their
408
communities and the Nation, which can ill afford to
lose their skills, talents, and vitality.
‘‘(5) While use of illegal drugs is a serious prob-
lem among a minority of teenagers, alcohol use is far
more widespread. The proportion of high school stu-
dents using alcohol, though lower than a decade ago,
remains unacceptably high. By the 8th grade, 70 per-
cent of youth report having tried alcohol and by the
12th grade, about 88 percent have used alcohol. Alco-
hol use by young people can and does have adverse
consequences for users, their families, communities,
schools, and colleges.
‘‘(6) Drug and violence prevention programs are
essential components of a comprehensive strategy to
promote school safety and to reduce the demand for
and use of drugs throughout the Nation. Schools and
local organizations in communities throughout the
Nation have a special responsibility to work together
to combat the growing epidemic of violence and illegal
drug use and should measure the success of their pro-
grams against clearly defined goals and objectives.
‘‘(7) Students must take greater responsibility
for their own well-being, health, and safety if schools
and communities are to achieve their goals of provid-
409
ing a safe, disciplined, and drug-free learning envi-
ronment.
‘‘SEC. 4003. PURPOSE.
‘‘The purpose of this title is to support programs to
meet Goal Six of the National Educational Goals by pre-
venting violence in and around schools and by strengthen-
ing programs that prevent the illegal use of alcohol and
drugs, involve parents, and are coordinated with related
Federal, State, and community efforts and resources,
through the provision of Federal assistance to—
‘‘(1) States for grants to local and intermediate
educational agencies and consortia to establish, oper-
ate, and improve local programs of school drug and
violence prevention, early intervention, rehabilitation
referral, and education in elementary and secondary
schools (including intermediate and junior high
schools);
‘‘(2) States for grants to local and intermediate
educational agencies and consortia for grants to, and
contracts with, community-based organizations and
other public and private non-profit agencies and or-
ganizations for programs of drug and violence preven-
tion, early intervention, rehabilitation referral, and
education;
410
‘‘(3) States for development, training, technical
assistance, and coordination activities;
‘‘(4) public and private non-profit organizations
to conduct training, demonstrations, and evaluation,
and to provide supplementary services for the preven-
tion of drug use and violence among students and
youth; and
‘‘(5) institutions of higher education for the de-
velopment and implementation of model programs
and strategies to promote the safety of students at-
tending institutions of higher education by preventing
violent behavior and the illegal use of alcohol and
drugs by such students.
‘‘SEC. 4004. FUNDING.
‘‘(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated—
‘‘(1) for State grants under part A, $630,000,000
for fiscal year 1995 and such sums as may be nec-
essary for each of fiscal years 1996 through 1999; and
‘‘(2) for national programs under part B,
$25,000,000 for fiscal year 1995 and such sums as
may be necessary for each of fiscal years 1996 through
1999.
‘‘(b) AVAILABILITY.—(1) Appropriations for any fiscal
year for payments made under this title in accordance with
411
regulations of the Secretary may be made available for obli-
gation or expenditure by the agency or institution con-
cerned on the basis of an academic or school year differing
from such fiscal year.
‘‘(2) Funds appropriated for any fiscal year under this
title shall remain available for obligation and expenditure
until the end of the fiscal year succeeding the fiscal year
for which such funds were appropriated.
‘‘PART A—STATE GRANTS FOR DRUG AND
VIOLENCE PREVENTION PROGRAMS
‘‘SEC. 4101. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—From the amount appropriated
for each fiscal year under section 5004(a)(1), the Sec-
retary—
‘‘(1) shall reserve 1 percent of such amount for
grants under this part to Guam, American Samoa,
the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Govern-
ment of Palau), to be allotted in accordance with
their respective needs;
‘‘(2) shall reserve 1 percent of such amount for
the Secretary of the Interior to carry out programs
under this part for Indian youth;
412
‘‘(3) shall reserve 0.2 percent for programs for
Native Hawaiians under section 5202; and
‘‘(4) may reserve no more than $1,000,000 for
the national impact evaluation required by section
5106(a).
‘‘(b) STATE ALLOTMENTS.—(1) Except as provided
under paragraph (2), the Secretary shall, for each fiscal
year, allocate among the States—
‘‘(A) one-half of the remainder not reserved
under subsection (a) according to the ratio between
the school-aged population of each State and the
school-aged population of all the States; and
‘‘(B) one-half of such remainder according to the
ratio between the amount each State received under
section 1124 and 1124A of this Act for the preceding
year (or, for fiscal year 1995 only, sections 1005 and
1006 of this Act as in effect on the day before enact-
ment of the Safe and Drug-Free Schools and Commu-
nities Act Amendments of 1994) and the sum of such
amounts received by all the States.
‘‘(2) For any fiscal year, no State shall be allotted
under this subsection an amount that is less than one-half
of 1 percent of the total amount allotted to all the States
under this subsection.
413
‘‘(3) The Secretary may reallot any amount of any
allotment to a State if the Secretary determines that the
State will be unable to use such amount within two years
of such allotment. Such reallotments shall be made on the
same basis as allotments made under paragraph (1).
‘‘(4) For the purpose of this subsection, the term ‘State’
means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.
‘‘SEC. 4102. STATE APPLICATIONS.
‘‘(A) IN GENERAL.—In order to receive its allotment
under section 5101 for any fiscal year, a State shall submit
to the Secretary, at such time as the Secretary may require,
an application that—
‘‘(1) designates the State educational agency as
the State agency responsible for the administration
and supervision of programs assisted with its allot-
ment under section 5101;
‘‘(2)(A)(i) is integrated into the State’s plan, ei-
ther approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies
the requirements of this section that are not already
addressed by that plan; and
‘‘(ii) is submitted, if necessary, as an amend-
ment to the State’s plan under title III of the Goals
2000: Educate America Act; or
414
‘‘(B) if the State does not have an approved plan
under title III of the Goals 2000: Educate America
Act and is not developing such a plan, is integrated
with other State plans under this Act and satisfies the
requirements of this section;
‘‘(3) 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 prevalence
of drug use and violence by youth in schools and com-
munities;
‘‘(4) has been developed in consultation with the
chief executive officer, the head of the State alcohol
and drug abuse agency, the heads of the State health
and mental health agencies, the head of the State
child welfare agency, and the heads of the State
criminal and juvenile justice planning agencies;
‘‘(5) contains a description of the procedures the
State educational agency will use to review applica-
tions from local educational agencies under section
5104;
‘‘(6) contains an assurance that the State will
cooperate with, and assist, the Secretary in conduct-
ing a national impact evaluation of programs re-
quired by section 5106(a); and
415
‘‘(7) 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 5103(a)
by the State educational agency that includes—
‘‘(1) a statement of the State educational agen-
cy’s measurable goals and objectives for drug and vio-
lence prevention and a description of the procedures
it will use for assessing and publicly reporting
progress toward meeting those goals and objectives;
‘‘(2) a plan for monitoring the implementation
of, and providing technical assistance regarding, the
drug and violence prevention programs conducted by
local educational agencies in accordance with section
5105;
‘‘(3) a description of how the State educational
agency will use funds it reserves under section
5103(b);
‘‘(4) a description of how the State educational
agency will coordinate its activities under this part
with drug and violence prevention efforts of other
State agencies; and
‘‘(5) an explanation of the criteria the State edu-
cational agency will use to identify which local edu-
416
cational agencies receive supplemental funds under
section 5103(d)(2)(A)(i)(II) and how the supple-
mental funds will be allocated among those local edu-
cational agencies.
‘‘(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 1995 a one-year interim application and plan for
the use of funds under this part that are consistent with
the requirements of this section and contain such 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 its
application and comprehensive plan otherwise required by
this section. A State may not receive a grant under this
part for a fiscal year subsequent to fiscal year 1995 unless
the Secretary has approved its application and comprehen-
sive plan.
‘‘SEC. 4103. STATE AND LOCAL EDUCATIONAL AGENCY PRO-
GRAMS.
‘‘(a) USE OF FUNDS.—(1) Except as provided in para-
graph (2), the total amount allocated to a State under sec-
tion 5101 for each fiscal year shall be used by the State
417
educational agency and its local educational agencies for
drug and violence prevention activities in accordance with
this section.
‘‘(2)(A) If a State has, on or before January 1, 1994,
established an independent State agency for the purpose of
administering all of the funds described in section 5121 of
this Act (as such section was in effect on the day before
the date of the enactment of the Safe and Drug-Free Schools
and Communities Act Amendments of 1994), then—
‘‘(i) an amount equal to 70 percent of the total
amount allocated to such State under section 5101 for
each fiscal year shall be used by the State educational
agency and its local educational agencies for drug
and violence prevention activities in accordance with
this section; and
‘‘(ii) an amount equal to 30 percent of such total
amount shall be used by such independent State agen-
cy for drug and violence prevention activities in ac-
cordance with section 5122 of this Act (as such section
was in effect on the day before the date of the enact-
ment of the Safe and Drug-Free Schools and Commu-
nities Act Amendments of 1994).
‘‘(B) Not more than 2.5 percent of the amount reserved
under subparagraph (A)(ii) may be used for administrative
418
costs of the independent State agency incurred in carrying
out the activities described in such subparagraph.
‘‘(C) For purposes of this paragraph, the term ‘inde-
pendent State agency’ means an independent agency with
a board of directors or a cabinet level agency whose chief
executive officer is appointed by the chief executive officer
of the State and confirmed with the advice and consent of
the senate of such State.
‘‘(b) STATE LEVEL PROGRAMS.—(1) A State edu-
cational agency shall use no more than five percent of the
amount reserved under subsection (a) for activities such
as—
‘‘(A) training and technical assistance concern-
ing drug and violence prevention for local and inter-
mediate educational agencies, including teachers, ad-
ministrators, counselors, coaches and athletic direc-
tors, other educational personnel, parents, students,
community leaders, health service providers, local law
enforcement officials, and judicial officials;
‘‘(B) the development, identification, dissemina-
tion and evaluation of the most readily available, ac-
curate, and up-to-date curriculum materials (includ-
ing videotapes, software, and other technology-based
learning resources), for consideration by local edu-
cational agencies;
419
‘‘(C) demonstration projects in drug and violence
prevention;
‘‘(D) financial assistance to enhance resources
available for drug and violence prevention in areas
serving large numbers of economically disadvantaged
children or sparsely populated areas, or to meet other
special needs consistent with the purposes of this part;
and
‘‘(E) the evaluation of activities carried out
within the State under this part.
‘‘(2) A State educational agency may carry out activi-
ties under this subsection directly, or through grants or
contracts.
‘‘(c) STATE
ADMINISTRATION.—(1) A State edu-
cational agency may use no more than four percent of the
amount reserved under subsection (a) for the administrative
costs of carrying out its responsibilities under this part.
‘‘(2) In administering its programs under this part,
a State educational agency may not delegate or transfer
any administrative functions in any manner to any other
State entity.
‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—(1)
A State educational agency shall distribute not less than
92 percent of the amount reserved under subsection (a) for
420
each fiscal year to local educational agencies in accordance
with this subsection.
‘‘(2)(A)(i) Of the amount distributed under subsection
(d)(1), a State educational agency shall distribute—
‘‘(I) 70 percent of such amount to local edu-
cational agencies, based on the relative enrollments in
public and private non-profit schools within their
boundaries; and
‘‘(II) 30 percent of such amount to local edu-
cational agencies that the State educational agency
determines have the greatest need for additional funds
to carry out drug and violence prevention programs
authorized by this part.
‘‘(ii) To the extent practicable, not less than 25 percent
of the amount specified in clause (i)(II) for a fiscal year
shall be distributed to local educational agencies located in
rural areas.
‘‘(B)(i) A State educational agency shall distribute
funds under subparagraph (A)(i)(II) to no more than ten
percent of its local educational agencies, or five such agen-
cies, whichever is greater.
‘‘(ii) In determining which local educational agencies
have the greatest need for additional funds, the State edu-
cational agency shall consider such factors as—
421
‘‘(I) high rates of alcohol or other drug use
among youth;
‘‘(II) high rates of victimization of youth by vio-
lence and crime;
‘‘(III) high rates of arrests and convictions of
youth for violent or drug- or alcohol-related crime;
‘‘(IV) the extent of illegal gang activity;
‘‘(V) high rates of referrals of youths to drug and
alcohol abuse treatment and rehabilitation programs;
‘‘(VI) high rates of referrals of youths to juvenile
court;
‘‘(VII) high rates of expulsions and suspensions
of students from schools; and
‘‘(VIII) high rates of reported cases of child abuse
and domestic violence.
‘‘(e) REALLOCATION
OF FUNDS.—If a local edu-
cational agency chooses not to apply to receive the amount
allocated to it under subsection (d), or if its application
under section 5104 is disapproved by the State educational
agency, the State educational agency shall reallocate such
amount to one or more of the local education agencies deter-
mined by the State educational agency under subsection
(d)(2)(B) to have the greatest need for additional funds.
‘‘(f) RETURN
OF FUNDS
TO STATE EDUCATIONAL
AGENCY; REALLOCATION.—(1) Except as provided in para-
422
graph (2), upon the expiration of the 1-year period begin-
ning on the date that a local educational agency, intermedi-
ate educational agency, or consortium under this title re-
ceives its allocation under this title—
‘‘(A) such agency or consortium shall return to
the State educational agency any funds from such al-
location that remain unobligated; and
‘‘(B) the State educational agency shall reallo-
cate any such amount to local educational agencies,
intermediate educational agencies, or consortia that
have plans for using such amount for programs or ac-
tivities on a timely basis.
‘‘(2) In any fiscal year, a local educational agency,
intermediate educational agency, or consortium may retain
for obligation in the succeeding fiscal year—
‘‘(A) an amount equal to not more than 25 per-
cent of the allocation it receives under this title for
such fiscal year; or
‘‘(B) upon a demonstration of good cause by
such agency or consortium, a greater amount ap-
proved by the State educational agency.
‘‘SEC. 4104. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—(1) In order to be eligible to re-
ceive an allocation under section 5103(d) for any fiscal
year, a local educational agency shall submit, at such time
423
as the State educational agency requires, an application to
the State educational agency for approval. Such an appli-
cation shall be amended, as necessary, to reflect changes in
the local educational agency’s program.
‘‘(2)(A) A local educational agency shall develop its
application under subsection (a)(1) in consultation with a
local or substate regional advisory council that includes, to
the extent possible, representatives of local government,
business, parents, students, teachers, appropriate state
agencies, private schools, the medical profession, law en-
forcement, community-based organizations, and other
groups with interest and expertise in drug and violence
prevention.
‘‘(B) In addition to assisting the local educational
agency to develop its application under this section, the ad-
visory council established or designated under paragraph
(2)(A) shall, on an on-going basis—
‘‘(i) disseminate information about drug and vi-
olence prevention programs, projects, and activities
conducted within the boundaries of the local edu-
cational agency;
‘‘(ii) advise the local educational agency on how
best to coordinate its activities under this part with
other related programs, projects, and activities, in-
424
cluding community service and service learning
projects, and the agencies that administer them; and
‘‘(iii) review program evaluations and other rel-
evant material and make recommendations to the
local educational agency on how to improve its drug
and violence prevention programs.
‘‘(b) CONTENTS OF APPLICATIONS.—An application
under this section shall contain—
‘‘(1) an assessment of the current use (and con-
sequences of such use) of alcohol, tobacco, and con-
trolled, illegal, addictive or harmful substances as well
as the violence, safety, and discipline problems among
students who attend the schools of the 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) a detailed explanation of the local edu-
cational agency’s comprehensive plan for drug and vi-
olence prevention, which shall include a description
of—
‘‘(A) how that plan is consistent with, and
promotes the goals in, the State’s application
under section 5102 and the local educational
agency’s plan, either approved or being devel-
425
oped, under title III of the Goals 2000: Educate
America Act, or, if the local educational agency
does not have such an approved plan and is not
developing one, its plan under section 1112 of
this Act;
‘‘(B) the local educational agency’s measur-
able goals for drug and violence prevention, and
a description of how it will assess and publicly
report progress toward attaining these goals;
‘‘(C) the local educational agency’s com-
prehensive plan for programs to be carried out
under this part;
‘‘(D) how the local educational agency will
use 
its 
regular 
allocation 
under 
section
5103(d)(2)(A)(i)(I) and its supplemental alloca-
tion, if any, under section 5103(d)(2)(A)(i)(II);
‘‘(E) how the local educational agency will
coordinate its programs and projects with com-
munity-wide efforts to achieve its goals for drug
and violence prevention; and
‘‘(F) how the local education agency will co-
ordinate its programs and projects with other
Federal, State, and local programs for drug-
abuse prevention, including health programs;
and
426
‘‘(3) such other information and assurances as
the State educational agency may reasonably require.
‘‘(c) REVIEW OF APPLICATION.—(1) In reviewing local
applications under this section, a State educational agency
shall use a peer review process or other methods of assuring
the quality of such applications.
‘‘(2)(A) In determining whether to approve the appli-
cation of a local educational agency under this section, a
State educational agency shall consider the quality of the
local educational agency’s comprehensive plan under sub-
section (b)(2) and the extent to which it is consistent with,
and supports, the State’s application under section 5102
and the State’s plan under the Goals 2000: Educate Amer-
ica Act, and, if the State does not have such a plan, its
plan under section 1111 of this Act.
‘‘(B) A State educational agency may disapprove a
local educational agency application under this section in
whole or in part and may withhold, limit, or place restric-
tions on the use of funds allotted to such a local educational
agency in a manner the State educational agency deter-
mines will best promote the purposes of this part or the
State’s plan under the Goals 2000: Educate America Act,
and, if the State does not have such a plan, its plan under
section 1111 of this Act, except that a local educational
427
agency shall be afforded an opportunity to appeal any such
disapproval.
‘‘SEC. 4105. LOCAL DRUG AND VIOLENCE PREVENTION PRO-
GRAMS.
‘‘(a) PROGRAM REQUIREMENTS.—A local educational
agency shall use funds received under this part to adopt
and carry out a comprehensive drug and violence preven-
tion program which shall—
‘‘(1) be designed, for all students and employees,
to—
‘‘(A) prevent the use, possession, and dis-
tribution of tobacco, alcohol and illegal drugs by
students and to prevent the illegal use, posses-
sion, and distribution of such substances by em-
ployees;
‘‘(B) prevent violence and promote school
safety; and
‘‘(C) create a disciplined environment con-
ducive to learning;
‘‘(2) include activities to promote the involve-
ment of parents and coordination with community
groups and agencies, including the distribution of in-
formation about the local educational agency’s needs
assessments, goals, and programs under this part; and
428
‘‘(3) include community-based prevention and
education activities in accordance with the require-
ments of subsection (c).
‘‘(b) AUTHORIZED
ACTIVITIES.—A comprehensive
drug and violence prevention program carried out under
this part may include—
‘‘(1) 
age-appropriate, 
developmentally 
based
drug prevention and education programs for all stu-
dents, from the preschool level through grade 12, that
address the legal, social, personal and health con-
sequences of the use of illegal drugs, promote a sense
of individual responsibility, and provide information
about effective techniques for resisting peer pressure to
use illegal drugs;
‘‘(2) programs of drug prevention, comprehensive
health education, early intervention, counseling,
mentoring, or rehabilitation referral, which emphasize
students’ sense of individual responsibility and which
may include—
‘‘(A) the dissemination of information about
drug prevention;
‘‘(B) the professional development of school
personnel, parents, students, law enforcement of-
ficials, judicial officials, health service providers
and community leaders in prevention, education,
429
early intervention, counseling or rehabilitation
referral;
‘‘(C) the implementation of strategies, in-
cluding strategies to integrate the delivery of
services from a variety of providers, to combat il-
legal alcohol and other drug use, such as—
‘‘(i) family counseling;
‘‘(ii) early intervention activities that
prevent family dysfunction, enhance school
performance, and boost attachment to school
and family; and
‘‘(iii) activities, such as community
service and service-learning projects, that
are designed to increase students’ sense of
community;
‘‘(3) age-appropriate, developmentally based 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 that include activities de-
signed to help students develop a sense of individual
responsibility and respect for the rights of others, and
to resolve conflicts without violence;
430
‘‘(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 of school
personnel, parents, students, law enforcement of-
ficials, judicial officials, and community leaders
in designing and implementing strategies to pre-
vent school violence;
‘‘(C) the implementation of strategies, such
as conflict resolution and peer mediation and the
use of mentoring programs, to combat school vio-
lence and other forms of disruptive behavior,
such as sexual harassment; and
‘‘(D) comprehensive, community-wide strat-
egies to prevent or reduce illegal gang activities;
‘‘(5) subject to the requirements of the matter fol-
lowing paragraph (8), not more than one half of the
cost of—
‘‘(A) minor remodeling to promote security
and reduce the risk of violence, such as removing
lockers, installing better lights, and upgrading
locks; and
431
‘‘(B) acquiring and installing metal detec-
tors and hiring security personnel;
‘‘(6) the promotion of before-and-after school rec-
reational, instructional, cultural, and artistic pro-
grams in supervised community settings; and
‘‘(7) drug abuse resistance education programs,
designed to teach students to recognize and resist
pressures to use alcohol or other drugs, which may in-
clude activities such as classroom instruction by uni-
formed law enforcement officers, resistance techniques,
resistance to peer pressure and gang pressure, and
provision for parental involvement;
‘‘(8) the evaluation of any of the activities au-
thorized under this subsection.
A local educational agency may use no more than 33 per-
cent of the funds it receives under this part for any fiscal
year for the activities described in paragraph (5).
‘‘(c) COMMUNITY-BASED PREVENTION ACTIVITIES.—
(1) A local educational agency shall expend not less than
21 percent of the funds received under this part on grants
or contracts with parent groups, community action and job
training agencies, community-based organizations, and
other public entities and private nonprofit organizations.
Such grants or contracts shall support community-based
drug abuse and violence prevention programs and activities
432
described in paragraph (2). In awarding such grants or
contracts, the local educational agency shall give priority
to programs of demonstrated effectiveness and programs
which have previously received assistance under section
5122 of the Drug-Free Schools and Communities Act of
1986.
‘‘(2) Grants and contracts under paragraph (1) shall
be used for programs and activities such as—
‘‘(A) developing and implementing comprehen-
sive, community-based drug and violence prevention
programs that link community resources with schools
and integrate services involving education, vocational
and job skills training, community service and service
learning projects, law enforcement, health, mental
health, and other appropriate services;
‘‘(B) planning and implementing drug and vio-
lence prevention activities that coordinate the efforts
of community-based agencies with those of the local
educational agency;
‘‘(C) activities to protect students traveling to
and from school;
‘‘(D) developing and implementing strategies to
prevent illegal gang activity;
‘‘(E) coordinating and conducting community-
wide violence and safety assessments and surveys; and
433
‘‘(F) programs and activities which address the
needs of children and youth who are not normally
served by the local educational agency, including pre-
schoolers, dropouts, youth in juvenile detention facili-
ties, and runaways or homeless children and youth;
‘‘(G) disseminating information about drug and
violence prevention;
‘‘(H) training parents, law enforcement officials,
judicial officials, social service providers, health serv-
ice providers and community leaders about drug and
violence prevention, education, early intervention,
counseling, or rehabilitation referral; and
‘‘(I) before-and-after school recreational, instruc-
tional, cultural, and artistic programs in supervised
community settings.
‘‘(d) ADMINISTRATIVE PROVISIONS.—Notwithstanding
any other provisions of law, any funds expended prior to
July 1, 1995, under part B of the Drug-Free Schools and
Communities Act of 1986 (as in effect prior to enactment
of the Improving America’s Schools Act) for the support of
a comprehensive school health program shall be deemed to
have been authorized by part B of such Act.
‘‘SEC. 4106. EVALUATION AND REPORTING.
‘‘(a) NATIONAL IMPACT EVALUATION.—The Secretary,
in consultation with the Secretary of Health and Human
434
Services, the Director of the Office of National Drug Control
Policy, and the Attorney General, shall conduct an inde-
pendent biennial evaluation of the national impact of pro-
grams under this part and submit a report of the findings
of such evaluation to the President and the Congress.
‘‘(b) STATE REPORT.—(1) By October 1, 1997, and
every third year thereafter, the State educational agency
shall submit to the Secretary a report—
‘‘(A) on the implementation and outcomes of
State programs under section 5103(b) and local pro-
grams under section 5103(d), as well as an assess-
ment of their effectiveness; and
‘‘(B) on the State’s progress toward attaining its
goals for drug and violence prevention under section
5103(b)(1).
‘‘(2) The report required by this subsection shall be—
‘‘(A) in the form specified by the Secretary;
‘‘(B) based on the State’s on-going evaluation ac-
tivities, and shall include data on the prevalence of
drug use and violence by youth in schools and com-
munities; and
‘‘(C) made readily available to the public.
‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each
local educational agency receiving funds under this subpart
shall submit to the State educational agency whatever infor-
435
mation, and at whatever intervals, the State requires to
complete the State report required by subsection (b), includ-
ing information on the prevalence of drug use and violence
by youth in the schools and the community. Such informa-
tion shall be made readily available to the public.
‘‘PART B—NATIONAL PROGRAMS
‘‘SEC. 4201. FEDERAL ACTIVITIES.
‘‘(a) PROGRAM AUTHORIZED.—From funds appro-
priated under section 5004(a)(2), the Secretary of Edu-
cation, in consultation with the Secretary of Health and
Human Services, the Director of the Office of National
Drug Control Policy, and the Attorney General, shall carry
out programs to prevent the illegal use of drugs and violence
among, and promote safety and discipline for, students at
all educational levels, preschool through postsecondary. The
Secretary shall carry out such programs directly, or
through grants, contracts, or cooperative agreements with
public and private organizations 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 training school personnel, par-
ents, and members of the community, including the
436
demonstration of model preservice training programs
for prospective school personnel;
‘‘(2) demonstrations and rigorous evaluations of
innovative approaches to drug and violence preven-
tion that are carried out in cooperation with other
Federal agencies, including the Department of Health
and Human Services, the Department of Justice, the
Department of Housing and Urban Development, and
the Department of Labor;
‘‘(3) the provision of information on drug abuse
education and prevention to the Secretary of Health
and Human Services for dissemination by the clear-
inghouse for alcohol and drug abuse information es-
tablished under section 509 of the Public Health
Service Act;
‘‘(4) the development, dissemination, and imple-
mentation of model programs and strategies to pro-
mote the safety of students attending institutions of
higher education by preventing violent behavior and
the illegal use of alcohol and other drugs by such
students;
‘‘(5) the development of curricula related to child
abuse prevention and education and the training of
personnel to teach child abuse education and preven-
tion to elementary and secondary school children;
437
‘‘(6) program evaluations that address issues not
addressed under section 5106(a);
‘‘(7) direct services to schools and school systems
afflicted with especially severe drug and violence
problems;
‘‘(8) activities in communities designated as
empowerment zones or enterprise communities that
will connect schools to community-wide efforts to re-
duce drug and violence problems;
‘‘(9) developing and disseminating drug and 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 conflict resolution,
peer mediation, the teaching of law and legal con-
cepts, and other activities designed to stop violence;
‘‘(11) the implementation of innovative activi-
ties, such as community service projects, designed to
rebuild safe and healthy neighborhoods and increase
students’ sense of individual responsibility.
‘‘(12) other activities that meet unmet national
needs related to the purposes of this title; and
‘‘(13) grants to noncommercial telecommuni-
cations entities for the production and distribution of
438
national video-based projects that provide young peo-
ple with models for conflict resolution and responsible
decisionmaking.
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for funds under
this section.
‘‘SEC. 4202. PROGRAMS FOR NATIVE HAWAIIANS.
‘‘(a) GENERAL AUTHORITY.—From the funds reserved
pursuant to section 5101(a)(3), the Secretary shall make
grants to or enter into cooperative agreements or contracts
with organizations primarily serving and representing Na-
tive Hawaiians which are recognized by the Governor of
the State of Hawaii to plan, conduct, and administer pro-
grams, or portions thereof, which are authorized by and
consistent with the provisions of this for the benefit of
Native Hawaiians.
‘‘(b) DEFINITION OF ‘NATIVE HAWAIIAN’.—For the
purposes of this section, the term ‘Native Hawaiian’ means
any individual any of whose ancestors were natives, prior
to 1778, of the area which now comprises the State of
Hawaii.
‘‘PART C—GENERAL PROVISIONS
‘‘SEC. 4301. DEFINITIONS.
‘‘For the purposes of this title, the following terms have
the following meanings:
439
‘‘(1) The term ‘drug and violence prevention’
means—
‘‘(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education
related to the illegal use of alcohol, the use of to-
bacco and the use of controlled, illegal, addictive,
or harmful substances, including inhalants and
anabolic steroids; and
‘‘(B) 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, 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 respon-
sibility and respect for the rights of others.
‘‘(2) The term ‘nonprofit’, as applied to a school,
agency, organization, or institution means a school,
agency, organization, or institution owned and oper-
ated by one or more nonprofit corporations or asso-
ciations, no part of the net earnings of which inures,
or may lawfully inure, to the benefit of any private
shareholder or individual.
440
‘‘(3) The term ‘school-aged population’ means the
population aged five through 17, inclusive, as deter-
mined by the Secretary on the basis of the most recent
satisfactory data available from the Department of
Commerce.
‘‘(4) The term ‘school personnel’ includes teach-
ers, administrators, guidance counselors, social work-
ers, psychologists, nurses, librarians, and other sup-
port staff who are employed by a school or who per-
form services for the school on a contractual basis.
‘‘SEC. 4302. MATERIALS.
‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre-
vention programs supported under this title shall convey
a clear and consistent message that the illegal use of alcohol
and other drugs is wrong and harmful.
‘‘(b) CURRICULUM.—The Secretary shall not prescribe
the use of specific curricula for programs supported under
this title, but may evaluate the effectiveness of such curric-
ula and other strategies in drug and violence prevention.
‘‘SEC. 4303. PROHIBITED USES OF FUNDS.
‘‘No funds under this title may be used for—
‘‘(1) construction (except for minor remodeling
needed to accomplish the purposes of this title);
‘‘(2) drug treatment or rehabilitation; and
441
‘‘(3) psychiatric, psychological, or other medical
treatment or rehabilitation, other than school-based
counseling for students or school personnel who are
victims or witnesses of school-related crime.
‘‘SEC. 4304. CERTIFICATION OF DRUG AND ALCOHOL ABUSE
PREVENTION PROGRAMS.
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law other than section 432 of the General Education
Provisions Act and section 103(b) of the Department of
Education Organization Act, no local educational agency
shall be eligible to receive funds or any other form of finan-
cial assistance under any Federal program unless it cer-
tifies to the State educational agency that it has adopted
and has implemented a program to prevent the use of illicit
drugs and alcohol by students or employees that, at a mini-
mum, includes—
‘‘(1) 
age-appropriate, 
developmentally 
based
drug and alcohol education and prevention programs
(which address the legal, social, and health con-
sequences of drug and alcohol use and which provide
information about effective techniques for resisting
peer pressure to use illicit drugs or alcohol) for stu-
dents in all grades of the schools operated or served
by the applicant, from early childhood level through
grade 12;
442
‘‘(2) conveying to students that the use of illicit
drugs and the unlawful possession and use of alcohol
is wrong and harmful;
‘‘(3) standards of conduct that are applicable to
students and employees in all the applicant’s schools
and that clearly prohibit, at a minimum, the unlaw-
ful possession, use, or distribution of illicit drugs and
alcohol by students and employees on school premises
or as part of any of its activities;
‘‘(4) a clear statement that sanctions (consistent
with local, State, and Federal law), up to and includ-
ing expulsion or termination of employment and re-
ferral for prosecution, will be imposed on students
and employees who violate the standards of conduct
required by paragraph (3) and a description of those
sanctions;
‘‘(5) information about any available drug and
alcohol counseling and rehabilitation and re-entry
programs that are available to students and employ-
ees;
‘‘(6) a requirement that parents, students, and
employees be given a copy of the standards of conduct
required by paragraph (3) and the statement of sanc-
tions required by paragraph (4);
443
‘‘(7) notifying parents, students, and employees
that compliance with the standards of conduct re-
quired by paragraph (3) is mandatory; and
‘‘(8) a biennial review by the applicant of its
program to—
‘‘(A) determine its effectiveness and imple-
ment changes to the program if they are needed;
and
‘‘(B) ensure that the sanctions required by
paragraph (4) are consistently enforced.
‘‘(b) DISSEMINATION OF INFORMATION.—Each local
educational agency that provides the certification required
by subsection (a) shall, upon request, make available to the
Secretary, the State educational agency, and to the public
full information about the elements of its program required
by subsection (a), including the results of its biennial
review.
‘‘(c) CERTIFICATION TO SECRETARY.—Each State edu-
cational agency shall certify to the Secretary that it has
adopted and has implemented a program to prevent the use
of illicit drugs and the abuse of alcohol by its students and
employees that is consistent with the program required by
subsection (a) of this section. The State educational agency
shall, upon request, make available to the Secretary and
444
to the public full information about the elements of its
program.
‘‘(d) REGULATIONS.—(1) The Secretary shall publish
regulations to implement and enforce the provisions of this
section, including regulations that provide for—
‘‘(A) the periodic review by State educational
agencies of a representative sample of programs re-
quired by subsection (a); and
‘‘(B) a range of responses and sanctions for local
educational agencies that fail to implement their pro-
grams or to consistently enforce their sanctions, in-
cluding information and technical assistance, the de-
velopment of a compliance agreement, and the termi-
nation of any form of Federal financial assistance.
‘‘(2) The sanctions required by subsection (a)(1)(4)
may include the completion of an appropriate rehabilita-
tion program.
‘‘(e) APPEAL REGARDING TERMINATION OF ASSIST-
ANCE.—Upon a determination by the Secretary to termi-
nate financial assistance to any local educational agency
under this section, the agency may file an appeal with an
administrative law judge before the expiration of the 30-
day period beginning on the date such agency is notified
of the decision to terminate financial assistance under this
section. Such judge shall hold a hearing with respect to such
445
termination of assistance before the expiration of the 45-
day period beginning on the date that such appeal is filed.
Such judge may extend such 45-day period upon a motion
by the agency concerned. The decision of the judge with re-
spect to such termination shall be considered to be a final
agency action.’’.
‘‘TITLE V—MAGNET SCHOOLS
ASSISTANCE
‘‘PART A—PROMOTING EQUITY
‘‘SEC. 5101. FINDINGS.
‘‘The Congress finds that—
‘‘(1) magnet schools are a significant part of our
Nation’s effort to achieve voluntary desegregation in
its schools;
‘‘(2) the use of magnet schools has increased dra-
matically since enactment of the magnet program,
with approximately 1.4 million students nationwide
now attending such schools, of which more than 60
percent of the students are nonwhite;
‘‘(3) magnet schools offer a wide range of distinc-
tive programs that have served as models for school
improvement efforts;
‘‘(4) in administering this program, the Federal
Government has learned that—
446
‘‘(A) where magnet programs are imple-
mented for only a portion of a school’s student
body, special efforts must be made to discourage
the isolation of magnet students from other stu-
dents in the school;
‘‘(B) local educational agencies can maxi-
mize their effectiveness in achieving the purposes
of this program if they have more flexibility to
serve students attending a school who are not en-
rolled in the magnet school program;
‘‘(C) local educational agencies must be cre-
ative in designing magnet schools for students at
all academic levels, so that school districts do not
skim off only the highest achieving students to
attend the magnet schools;
‘‘(D) local educational agencies must seek to
enable participation in magnet school programs
by students who reside in the neighborhoods
where the programs are placed; and
‘‘(E) in order to ensure that magnet schools
are sustained after Federal funding ends, the
Federal Government must assist local edu-
cational agencies to improve their capacity to
continue to operate magnet schools at a high
level of performance;
447
‘‘(5) it is in the best interest of the Federal
Government to—
‘‘(A) continue its support of local edu-
cational agencies implementing court-ordered de-
segregation plans and local educational agencies
seeking to foster meaningful interaction among
students of different racial and ethnic back-
grounds beginning at the earliest stage of their
education;
‘‘(B) ensure that all students have equitable
access to quality education that will prepare
them to function well in a culturally diverse,
technologically-oriented, and highly competitive
global community; and
‘‘(C) maximize the ability of local edu-
cational agencies to plan, develop, implement
and continue new and innovative programs in
magnet schools that contribute to State and local
systemic reform.
‘‘SEC. 5102. STATEMENT OF PURPOSE.
‘‘The purpose of this part is to assist in the desegrega-
tion of local educational agencies by providing financial as-
sistance to eligible local educational agencies for—
‘‘(1) the elimination, reduction, or prevention of
minority group isolation in elementary and second-
448
ary schools with substantial proportions of minority
students;
‘‘(2) the development and implementation of
magnet school projects that will assist local edu-
cational agencies in achieving systemic reforms and
providing all students the opportunity to meet chal-
lenging State performance standards;
‘‘(3) the development and design of innovative
educational methods and practices; and
‘‘(4) courses of instruction within magnet schools
that will substantially strengthen the knowledge of
academic subjects and the grasp of tangible and mar-
ketable vocational skills of students attending such
schools.
‘‘SEC. 5103. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized, in accordance with this
part, to make grants to eligible local educational agencies
for use in magnet schools that are part of an approved de-
segregation plan and that are designed to bring students
from different social, economic, ethnic, and racial back-
grounds together.
‘‘SEC. 5104. DEFINITION.
‘‘For the purpose of this part, the term ‘magnet school’
means a school or education center that offers a special cur-
449
riculum capable of attracting substantial numbers of stu-
dents of different racial backgrounds.
‘‘SEC. 5105. ELIGIBILITY.
‘‘A local educational agency is eligible to receive assist-
ance under this part if it—
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United
States, or a court of any State, or any other State
agency or official of competent jurisdiction, and that
requires the desegregation of minority-group-seg-
regated children or faculty in the elementary and sec-
ondary schools of such agency; or
‘‘(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to it under this part, adopt and im-
plement a plan that has been approved by the Sec-
retary as adequate under title VI of the Civil Rights
Act of 1964 for the desegregation of minority-group-
segregated children or faculty in such schools.
‘‘SEC. 5106. APPLICATIONS AND REQUIREMENTS.
‘‘(a) APPLICATIONS.—An eligible local educational
agency desiring to receive assistance under this part shall
submit an application to the Secretary at such time, in
such manner, and containing such information and assur-
ances as the Secretary may require.
451
agency’s systemic reform plan, if any, under title
III of the Goals 2000: Educate America Act; and
‘‘(E) the criteria to be used in selecting stu-
dents to attend the proposed magnet school
projects; and
‘‘(2) assurances that the applicant will—
‘‘(A) use funds under this part for the pur-
poses specified in section 5103;
‘‘(B) employ teachers in the courses of in-
struction assisted under this part who are cer-
tified or licensed by the State to teach the 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;
452
‘‘(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school
projects equitable consideration for places in
those projects.
‘‘(c) SPECIAL RULE.—No application may be ap-
proved under this section unless the Assistant Secretary of
Education for Civil Rights determines that the assurances
described in subsection (b)(2)(C) will be met.
‘‘SEC. 5107. PRIORITY.
‘‘In approving applications under this part, the Sec-
retary shall give priority to applicants that—
‘‘(1) have the greatest need for assistance, based
on the expense or difficulty of effectively carrying out
an approved desegragation plan and the projects for
which assistance is sought;
‘‘(2) propose to carry out new magnet school
projects or significantly revise existing magnet school
projects;
‘‘(3) propose to select students to attend magnet
school projects by methods such as lottery, rather than
through academic examination;
453
‘‘(4) propose to implement innovative edu-
cational approaches that are consistent with the
State’s and local educational agency’s approved sys-
temic reform plans, if any, under title III of the
Goals 2000: Educate America Act; and
‘‘(5) propose to draw on comprehensive commu-
nity involvement plans.
‘‘SEC. 5108. USE OF FUNDS.
‘‘(a) USE OF FUNDS.—Grants made under this part
may be used by eligible local educational agencies—
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, 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 of, or subsidization of the
compensation of, elementary and secondary school
teachers who are certified or licensed by the State and
who are necessary to conduct programs in magnet
schools; and
454
‘‘(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
‘‘(B) further the purposes of this part.
‘‘(b) SPECIAL RULE.—With respect to subsections (a)
(2) and (3), such grants may be used by eligible local edu-
cational agencies for such activities only if such activities
are directly related to improving the students’ reading skills
or their knowledge of mathematics, science, history, geog-
raphy, English, foreign languages, art, or music, or to im-
proving vocational skills.
‘‘SEC. 5109. PROHIBITIONS.
‘‘Grants under this part may not be used for transpor-
tation, or for any activity that does not augment academic
improvement.
‘‘SEC. 5110. LIMITATION ON PAYMENTS.
‘‘(a) DURATION OF AWARDS.—Awards made under
this part shall not exceed 3 years.
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu-
cational agency may expend for planning up to 50 percent
455
of the funds received under this part for the first year of
the project, 15 percent for the second year of the project,
and up to 10 percent for the third year of the project.
‘‘(c) LIMITATION ON GRANTS.—A local educational
agency shall not receive more than $4,000,000 under this
part in any one grant cycle.
‘‘(d) AWARD REQUIREMENT.—To the extent prac-
ticable, for any fiscal year, the Secretary shall award grants
to local educational agencies under this part no later than
June 1 of the applicable fiscal year.
‘‘SEC. 5111. AUTHORIZATION OF APPROPRIATIONS; RES-
ERVATION.
‘‘(a) AUTHORIZATION.—For the purpose of carrying
out this part, there are authorized to be appropriated
$120,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO 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, with respect to
such excess amount, give priority to grants to local edu-
cational agencies that did not receive a grant under this
part in the last fiscal year of the funding cycle prior to
the fiscal year for which the determination is made.
456
‘‘(c) EVALUATIONS.—The Secretary may reserve not
more than 2 percent of the funds appropriated under sub-
section (a) for any fiscal year to carry out evaluations of
projects under this part.
‘‘PART B—EQUALIZATION ASSISTANCE
‘‘SEC. 5201. TECHNICAL AND OTHER ASSISTANCE FOR
SCHOOL FINANCE.
‘‘(a) TECHNICAL ASSISTANCE.—(1) The Secretary is
authorized to make grants to, and enter into contracts and
cooperative agreements with, State educational agencies
and other public and private agencies, institutions, and or-
ganizations to provide technical assistance to State and
local educational agencies to assist them in achieving a
greater degree of equity in the distribution of financial re-
sources for education among local educational agencies in
the State.
‘‘(2) A grant or contract under this section may sup-
port technical assistance activities, such as—
‘‘(A) the establishment and operation of a center
or centers for the provision of technical assistance to
State and local educational agencies;
‘‘(B) the convening of conferences on equalization
of resources within local educational agencies, within
States, and among States; and
457
‘‘(C) obtaining advice from experts in the field of
school finance equalization.
‘‘(b) RESEARCH.—(1) The Secretary is authorized to
carry out applied research and analysis designed to further
knowledge and understanding of methods to achieve greater
equity in the distribution of financial resources among local
educational agencies.
‘‘(2) The Secretary may carry out research under this
subsection directly or through grants to, or contracts or co-
operative agreements with, any public or private organiza-
tion.
‘‘(3) In carrying out this section, the Secretary is
authorized to—
‘‘(A) support research on the equity of existing
State school funding systems;
‘‘(B) train individuals in such research;
‘‘(C) promote the coordination of such research;
‘‘(D) collect and analyze data related to school
finance equity in the United States and other na-
tions; and
‘‘(E) report periodically on the progress of States
in achieving school finance equity.
‘‘(4) The Secretary shall coordinate activities under
this subsection with activities carried out by the Office of
Educational Research and Improvement.
458
‘‘(5) Each State educational agency or local edu-
cational agency receiving assistance under this Act shall
provide such data and information on school finance as the
Secretary may require to carry out the purposes of this
section.
‘‘(c) MODELS.—The Secretary is authorized, directly
or through grants, contracts, or cooperative agreements, to
develop and disseminate models and materials useful to
States in planning and implementing revisions of their
school finance systems.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated $8,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal years 1996,
1997, 1998, and 1999.
‘‘PART C—WOMEN’S EDUCATIONAL EQUITY ACT
‘‘SEC. 5301. FINDINGS AND STATEMENT OF PURPOSE.
‘‘(a) FINDINGS.—The Congress finds and declares
that—
‘‘(1) educational programs in the United States
are frequently inequitable as such programs relate to
women and girls;
‘‘(2) such inequities limit the full participation
of all individuals in American society; and
459
‘‘(3) efforts to improve the quality of public edu-
cation also must include efforts to ensure equal access
to quality education programs for all women and
girls.
‘‘(b) PURPOSE.—The purpose of this part is to provide
gender equity in education in the United States; to provide
financial assistance to enable educational agencies and in-
stitutions to meet the requirements of title IX of the Edu-
cational Amendments of 1972; and to provide equity in
education to women and girls who suffer multiple forms of
discrimination based on sex, race, ethnic origin, limited
English proficiency, disability, or age.
‘‘SEC. 5302. PROGRAMS AUTHORIZED.
‘‘The Special Assistant of the Office of Women’s Equity
is authorized—
‘‘(1) to promote, coordinate and evaluate gender
equity policies, programs, activities and initiatives in
all federal education program and offices;
‘‘(2) to develop, maintain, and disseminate ma-
terials, resources, analyses and research relating to
education equity for women and girls;
‘‘(3) to provide information and technical assist-
ance to assure the effective implementation of gender
equity programs;
460
‘‘(4) coordinate gender equity programs and ac-
tivities with other federal agencies with jurisdiction
over education and related programs;
‘‘(5) to provide grants to develop model equity
programs;
‘‘(6) to provide funds for the implementation of
equity programs in schools throughout the Nation;
‘‘(7) to assist the Assistant Secretary of the Of-
fice of Educational Research and Improvement in
identifying research priorities related to education eq-
uity for women and girls; and
‘‘(8) any other activities consistent with achiev-
ing the purposes of this part.
‘‘SEC. 5303. LOCAL IMPLEMENTATION GRANTS.
‘‘(a) AUTHORITY.—The Secretary is authorized to
make grants to, and enter into contracts with, public agen-
cies, private nonprofit agencies, organizations, and institu-
tions, including students and community groups, for activi-
ties designed to achieve the purposes of this part at all levels
of education, including preschool, elementary and second-
ary education, higher education, adult education and voca-
tional/technical education; for the establishment and oper-
ation, for a period not to exceed four years, of local pro-
grams to ensure—
‘‘(1) educational equity for women and girls
461
‘‘(2) equal opportunities for both sexes
‘‘(3) to conduct activities incident to achieving
compliance with title IX of the Education Amend-
ments of 1972; and
‘‘(b) GRANT PROGRAM.—Authorized activities under
subsection (a) may include—
‘‘(1) introduction into the curriculum and class-
room of curricula, textbooks, and other material de-
signed to achieve equity for women and girls;
‘‘(2) implementation of preservice and inservice
training with special emphasis on programs and ac-
tivities designed to provide educational equity for
women and girls;
‘‘(3) evaluation of promising or exemplary model
programs to assess their ability to improve local ef-
forts to advance educational equity for women and
girls;
(4) implementation of programs and policies to
address sexual harassment and violence against
women and girls and to ensure that educational insti-
tutions are free from threats to the safety of students
and personnel;
‘‘(5) implementation of guidance and counseling
activities, including career education program, de-
462
signed to ensure educational equity for women and
girls;
‘‘(6) implementation of nondiscriminatory tests
of aptitude and achievement and of alternative assess-
ments that eliminate biased assessment instruments
from use;
‘‘(7) implementation of programs to increase
educational opportunities, including higher education,
vocational training, and other educational programs
for low income women; including underemployed and
unemployed women and women receiving Aid to
Families with Dependent Children benefits;
‘‘(8) implementation of programs to improve
representation of women in educational administra-
tion at all levels; and
‘‘(9) planning, development and initial imple-
mentation of:
‘‘(A) comprehensive plans for implementa-
tion of equity programs in state and local edu-
cational agencies and institutions of higher edu-
cation; including community colleges;
‘‘(B) innovative approaches to school-com-
munity partnerships for educational equity;
‘‘(C) innovative approaches to equity pro-
grams addressing combined bias, stereotyping,
463
and discrimination on the basis of sex and race,
ethnic origin, limited English proficiency, and
disability.
‘‘(c) APPLICATION; PARTICIPATION.—A grant may be
made, and a contract may be entered into, under this part
only upon application to the Secretary, at such time, in
such form, and containing or accompanied by such infor-
mation as the Secretary may prescribe. Each such applica-
tion shall—
‘‘(1) provide that the program or activity for
which assistance is sought will be administered by or
under the supervision of the applicant and in co-
operation with appropriate educational and commu-
nity leaders, including parent, teacher and student
organizations, educational institutions, business lead-
ers, community-based organizations serving women,
and other significant groups and individuals;
‘‘(2) describe a program for carrying out the
purpose set forth in Section 5303(b) which holds
promise of making substantial contribution toward
attaining such purposes;
‘‘(3) describe plans for continuation and institu-
tionalization of the program with local support fol-
lowing completion of the grant period and termi-
nation of Federal support under this part; and
464
‘‘(4) establish policies and procedures which en-
sure adequate documentation and evaluation of the
activities intended to be carried out under the appli-
cation.
‘‘(d) CRITERIA; PRIORITIES; CATEGORIES OF COM-
PETITION.—The Secretary shall establish criteria, prior-
ities, and categories of competition for awards under this
part to ensure that available funds are used for those pur-
poses that most effectively will achieve the purposes of the
Act.
‘‘(1) The criteria shall address the extent to
which—
‘‘(A) the program addresses the needs of
women and girls of color and women and girls
with disabilities;
‘‘(B) the program meets locally defined and
documented educational equity needs and prior-
ities, including title IX compliance;
‘‘(C) the program is a significant compo-
nent of a comprehensive plan for educational eq-
uity and title IX compliance in the particular
school district, institution of higher education,
vocational-technical institution, or other edu-
cational agency or institution; and
466
‘‘(C) grants to non-profit organizations, in-
cluding community-based organizations, groups
representing students, parents, and women, in-
cluding women and girls of color and women
and girls with disabilities.
‘‘(e) REQUIREMENT.—Not less than 25 percent of funds
used to support activities covered by subsection (b) shall be
used for awards under each category of competition in each
fiscal year.
‘‘(f) SPECIAL RULE.—The Secretary shall ensure that
the total of grants awarded each year address—
‘‘(1) all levels of education, including preschool,
elementary and secondary education, higher edu-
cation, vocational education, and adult education;
‘‘(2) all regions of the United States, including
at least one grant in each of the ten Federal regions;
and
‘‘(3) urban, rural, and suburban educational in-
stitutions.
‘‘SEC. 5304. RESEARCH AND DEVELOPMENT GRANTS.
‘‘(a) AUTHORITY.—The Secretary is authorized to
make grants to, and enter into contracts with, public agen-
cies, private nonprofit agencies, organizations, and institu-
tions, including students, and community groups, for ac-
tivities designed to achieve the purpose of this part at all
467
levels of education, including preschool, elementary and sec-
ondary education, higher education, adult education and
vocational-technical education; to develop model policies
and programs, and to conduct research to address and en-
sure educational equities for women and girls, including
but not limited to—
‘‘(1) the development and evaluation of gender-
equitable curricula, textbooks, software, and other
educational material and technology;
‘‘(2) the development of model preservice and in-
service training programs for educational personnel
with special emphasis on programs and activities de-
signed to provide educational equity;
‘‘(3) the development of guidance and counseling
activities, including career education programs, de-
signed to ensure gender equity;
‘‘(4) the development and evaluation of non-
discriminatory assessment systems;
‘‘(5) the development of policies and programs to
address and prevent sexual harassment and violence
to ensure that educational institutions are free from
threats to safety of students and personnel;
‘‘(6) the development and improvement of pro-
grams and activities to increase opportunity for
women, including continuing educational activities,
468
vocational education, and programs for low income
women; including underemployed and unemployed
women, and women receiving Aid to Families with
Dependent Children.
‘‘(7) the development of instruments and strate-
gies for program evaluation and dissemination of
promising or exemplary programs designed to im-
prove local efforts to achieve gender equity;
‘‘(8) the development of instruments and proce-
dures to assess the presence or absence of gender
equity in educational settings;
‘‘(9) the development and evaluation of various
strategies to institutionalize gender equity in edu-
cation.
‘‘(b) APPLICATION.—A grant may be made, and a con-
tract may be entered into, under this part only upon appli-
cation to the Secretary, at such time, in such form, and
containing or accompanied by such information as the Sec-
retary may prescribe. Each such application shall—
‘‘(1) provide that the program or activity for
which assistance is sought will be administered by or
under the supervision of the applicant;
‘‘(2) describe a plan for carrying out 1 or more
research and development activities authorized in
paragraph (a) above, which holds promise of making
469
a substantial contribution toward attaining the pur-
poses of this act; and
‘‘(3) set forth policies and procedures which in-
sure adequate documentation, data collection, and
evaluation of the activities intended to be carried out
under the application, including an evaluation or es-
timate of the potential for continued significance fol-
lowing completion of the grant period.
‘‘(c) CRITERIA AND PRIORITIES.—(1) The Secretary
shall establish criteria and priorities to ensure that avail-
able funds are used for programs that most effectively will
achieve the purposes of this part.
‘‘(2) The criteria and priorities shall be promulgated
in accordance with section 431 of the General Education
Provisions Act.
‘‘(3) In establishing priorities the Secretary shall es-
tablish no more than 4 priorities, 1 of which shall be pro-
grams which address the educational needs of women and
girls who suffer multiple or compound discrimination based
on sex and on race, ethnic origin, disability, or age.
‘‘(d) SPECIAL RULE.—The Secretary shall ensure that
the total of grants awarded each year address—
‘‘(1) all levels of education, including preschool,
elementary and secondary education, higher edu-
cation, vocational education, and adult education;
470
‘‘(2) all regions of the United States;
‘‘(d) COORDINATION.—Research activities supported
under this part—
‘‘(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
ensure that such activities are coordinated with and
enhance the research and development activities sup-
ported by the Office; and
‘‘(2) may include collaborative research activities
which are jointly funded and carried out by the Office
of Women’s Equity and the Office of Educational Re-
search and Improvement.
‘‘(f) LIMITATION.—Nothing in this part shall be con-
strued as prohibiting men and boys from participating in
any programs or activities assisted under this part.
‘‘SEC. 5305. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated—
‘‘(1) for the purpose of carrying out the provi-
sions of section 5303, there are authorized to be ap-
propriated $3,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999; and
‘‘(2) for the purpose of carrying out the provi-
sions of section 5304, there are authorized to be ap-
propriated $2,000,000 for fiscal year 1995 and such
471
sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
‘‘TITLE VI—INDIAN EDUCATION
‘‘SEC. 6001. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults—
‘‘(A) are based on high-quality, internation-
ally competitive content and student perform-
ance standards and build on Indian culture and
the Indian community;
‘‘(B) assist local educational agencies, In-
dian tribes, and others in providing Indian stu-
dents the opportunity to achieve those standards;
and
‘‘(C) meet the special educational and cul-
turally related academic needs of American In-
dian and Alaska Native students;
‘‘(2) since enactment of the original Indian Edu-
cation Act in 1972, Indian parents have become sig-
nificantly more involved in the planning, develop-
ment, and implementation of educational programs