398
programs included in the consolidation for administration
for that fiscal year.
‘‘(d) USES
OF ADMINISTRATIVE FUNDS.—A local
educational agency that consolidates administrative funds
under this section may use such consolidated funds for
the administration of covered programs and for the uses
described in section 14201(b)(2).
‘‘(e) RECORDS.—A local educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual covered
program, to account for costs relating to the administra-
tion of covered programs included in the consolidation.
‘‘SEC. 14204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT
OF THE INTERIOR FUNDS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) TRANSFER.—The Secretary shall transfer
to the Department of the Interior, as a consolidated
amount for covered programs, the Indian education
programs under part A of title IX of this Act, and
the education for homeless children and youth pro-
gram under subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act, the amounts al-
lotted to the Department of the Interior under those
programs.
‘‘(2) AGREEMENT.—
399
‘‘(A) The Secretary and the Secretary of
the Interior shall enter into an agreement, con-
sistent with the requirements of the programs
specified in paragraph (1), for the distribution
and use of those program funds under terms
that the Secretary determines best meet the
purposes of those programs.
‘‘(B) The agreement shall—
‘‘(i) set forth the plans of the Sec-
retary of the Interior for the use of the
amount transferred, the steps to be taken
to achieve America’s Education Goals, and
performance measures to assess program
effectiveness, including measurable goals
and objectives; and
‘‘(ii) be developed in consultation with
Indian tribes.
‘‘(b) ADMINISTRATION.—The Department of the In-
terior may use not more than 1.5 percent of the funds
consolidated under this section for such departments costs
related to the administration of the funds transferred
under this section.
400
‘‘SEC. 14205. MOST EFFECTIVE USE OF UNNEEDED PRO-
GRAM FUNDS.
‘‘(a) MOST EFFECTIVE USE.—With the approval of
its State educational agency, a local educational agency
that determines for any fiscal year that funds under a cov-
ered program (other than title I) would be more effective
in helping all its students achieve the State’s challenging
standards if used under another covered program, may use
those funds, not to exceed 5 percent of the local edu-
cational agency’s total allotment for that fiscal year, to
carry out programs and activities under that other covered
program.
‘‘(b) COORDINATION
OF SERVICES.—A local edu-
cational agency, individual school, or consortium of schools
may use a total of not more than 5 percent of the funds
such agency, school, or consortium, respectively, receives
under this Act for the establishment and implementation
of a coordinated services project in accordance with the
requirements of title XI of this Act.
‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL PLANS AND
APPLICATIONS
‘‘SEC. 14301. PURPOSE.
It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordina-
tion, planning, and service delivery under this Act and en-
401
hanced integration of programs under this Act with edu-
cational activities carried out with State and local funds.
‘‘SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS AND
APPLICATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) PURPOSE AND AUTHORITY.—In order to
promote continuing, standards-based education re-
form, encourage the integration and coordination of
resources, and simplify application requirements and
reduce burden for State educational agencies under
this Act, the Secretary, in accordance with sub-
section (b), shall establish procedures and criteria
under which a State educational agency may submit
a consolidated State plan meeting the requirements
of this section for any or all of—
‘‘(A) the covered programs in which the
State participates; and
‘‘(B) the additional programs described in
paragraph (2).
‘‘(2) ADDITIONAL
PROGRAMS.—A State edu-
cational agency may also include in its consolidated
State plan—
‘‘(A) the Even Start program under part B
of title I;
402
‘‘(B) the State Agency Programs for Chil-
dren and Youth Who Are Neglected or Delin-
quent under part D of title I;
‘‘(C) programs under part A of title II of
the Carl D. Perkins Vocational and Technical
Education Act of 1998; and
‘‘(D) such other programs as the Secretary
may designate.
‘‘(3) STATE DEVELOPMENT AND SUBMISSION.—
‘‘(A) A State educational agency desiring
to receive a grant under 2 or more of the pro-
grams to which this section applies may submit
a consolidated State plan for those programs
that satisfies the procedures and criteria estab-
lished under this section.
‘‘(B) A State educational agency that sub-
mits a consolidated State plan shall not be re-
quired to submit separate State plans or appli-
cations for the programs included in the con-
solidated State plan.
‘‘(C) A State educational agency that sub-
mits a consolidated State plan shall comply
with all the requirements applicable to the pro-
grams in the consolidated State plan as if it
had submitted separate State plans.
403
‘‘(4) CONSOLIDATED STATE PLANS.—A State
educational agency that desires to receive funds
under a program to which this section applies for
fiscal year 2001 and the succeeding four fiscal years
shall submit to the Secretary a new consolidated
plan that meets the requirements of this section
within the time specified by the Secretary.
‘‘(b) PLAN CONTENTS.—
‘‘(1) COLLABORATIVE PROCESS.—
‘‘(A) In establishing criteria and proce-
dures under this section, the Secretary shall
collaborate with State educational agencies and,
as appropriate, with other State agencies, local
educational agencies, public and private non-
profit agencies, organizations, and institutions,
private schools, and representatives of parents,
students, and teachers.
‘‘(B)(i) Through the collaborative process
described in subparagraph (A), the Secretary
shall establish, for each program under the Act
to which this section applies, the descriptions
and information that must be included in a con-
solidated State plan.
‘‘(ii) In carrying out clause (i), the Sec-
retary shall ensure that a consolidated State
404
plan contains, for each program included in the
plan, the descriptions and information needed
to ensure proper and effective administration of
that program in accordance with its purposes.
‘‘(2) INTEGRATION AND COORDINATION OF RE-
SOURCES.—In its consolidated plan under this sec-
tion, a State educational agency shall describe
how—
‘‘(A) funds under the programs included in
the plan will be integrated as appropriate to
best serve the students and teachers intended to
benefit from those programs; and
‘‘(B) those programs will be coordinated at
the State, school district, and school levels with
other covered programs not included in the
plan.
‘‘(c) PEER REVIEW AND SECRETARIAL APPROVAL.—
‘‘(1) The Secretary shall—
‘‘(A) establish a peer-review process to as-
sist in the review, and provide recommendations
for the revision, of consolidated State plans
under this section; and
‘‘(B) appoint individuals to the peer-review
process who—
405
‘‘(i) are knowledgeable about the pro-
grams, and the populations they serve, in-
cluded in the plans;
‘‘(ii) to the extent practicable are rep-
resentative of State educational agencies,
local educational agencies, teachers, and
parents of students served under those
programs; and
‘‘(iii) have expertise on educational
standards, assessments, and accountability.
‘‘(2)(A) Following such peer review, the Sec-
retary shall approve a consolidated State plan if the
Secretary determines that the plan meets the re-
quirements of this section.
‘‘(B) The Secretary may accompany such ap-
proval with one or more conditions that the State
educational agency shall meet.
‘‘(3) If the Secretary determines that the plan
does not meet the requirements of this section, the
Secretary shall notify the State of that determina-
tion and the reasons for it.
‘‘(4) The Secretary shall not finally disapprove
a consolidated State plan before—
‘‘(A) offering the State an opportunity to
revise its plan;
406
‘‘(B) providing technical assistance to as-
sist the State to meet the requirements; and
‘‘(C) providing a hearing.
‘‘(d) REVISION
AND AMENDMENT.—A State edu-
cational agency shall periodically review its consolidated
State plan to ensure that it accurately reflects its strate-
gies and activities under the programs covered by the plan.
If the State educational agency makes significant changes
to its strategies and activities, it shall submit an amend-
ment to its plan to the Secretary for approval in accord-
ance with this section.
‘‘SEC. 14303. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES.
‘‘(a) ASSURANCES.—A State educational agency that
submits a consolidated State plan or consolidated State
application under this Act, whether separately or under
section 14302, shall have on file with the Secretary a sin-
gle set of assurances, applicable to each program for which
such plan or application is submitted, that provides that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
‘‘(2)(A) the control of funds provided under
each such program and title to property acquired
with program funds will be in a public agency, in a
407
nonprofit private agency, institution, or organiza-
tion, or in an Indian tribe if the law authorizing the
program provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing law;
‘‘(3) the State will adopt and use proper meth-
ods of administering each such program, including—
‘‘(A) the enforcement of any obligations
imposed by law on agencies, institutions, orga-
nizations, and other recipients responsible for
carrying out each program;
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and
‘‘(C) the adoption of written procedures for
the receipt and resolution of complaints alleging
violations of law in the administration of such
programs;
‘‘(4) the State will monitor performance by
local educational agencies to ensure compliance with
the requirements of this Act and—
‘‘(A) maintain proper documentation of
monitoring activities;
408
‘‘(B) provide technical assistance when ap-
propriate and undertake enforcement activities
when needed; and
‘‘(C) systematically analyze the results of
audits and other monitoring activities to iden-
tify trends in funding and to develop strategies
to correct problems;
‘‘(5) the data used by the State to measure its
performance (and that of its local educational agen-
cies) under this Act are complete, reliable, accurate,
or if not, that the State will take such steps as are
necessary to make those data complete, reliable, and
accurate.
‘‘(6) the State will cooperate in carrying out
any evaluation of each such program conducted by
or for the Secretary or other Federal officials;
‘‘(7) the State will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds
paid to the State under each such program;
‘‘(8) the State will—
‘‘(A) make reports to the Secretary as may
be necessary to enable the Secretary to perform
the Secretary’s duties under each such pro-
gram; and
409
‘‘(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find nec-
essary to carry out the Secretary’s duties; and
‘‘(9) before the plan or application was sub-
mitted to the Secretary, the State has afforded a
reasonable opportunity for public comment on the
plan or application and has considered such com-
ment.
‘‘(b) GEPA PROVISION.—Section 441 of the General
Education Provisions Act shall not apply to programs
under this Act.
‘‘SEC. 14304. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS.
‘‘(a) GENERAL AUTHORITY.—A local educational
agency receiving funds under more than one covered pro-
gram may submit plans or applications to the State edu-
cational agency under such programs on a consolidated
basis.
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State educational agency that has submitted
and had approved a consolidated State plan or application
under section 14302 may require local educational agen-
cies in the State receiving funds under more than one pro-
gram included in the consolidated State plan or consoli-
410
dated State application to submit consolidated local plans
or applications under such programs.
‘‘(c) COLLABORATION.—A State educational agency
shall collaborate with local educational agencies in the
State in establishing procedures for the submission of the
consolidated State plans or consolidated State applications
under this section.
‘‘(d) NECESSARY
MATERIALS.—The State edu-
cational agency shall require only descriptions, informa-
tion, assurances, and other material that are absolutely
necessary for the consideration of the local educational
agency plan or application.
‘‘SEC. 14306. OTHER GENERAL ASSURANCES.
‘‘(a) ASSURANCES.—Any applicant other than a
State educational agency that submits a plan or applica-
tion under this Act shall have on file with the State edu-
cational agency a single set of assurances, applicable to
each program for which a plan or application is submitted,
that provides that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
‘‘(2)(A) the control of funds provided under
each such program and title to property acquired
with program funds will be in a public agency or in
411
a nonprofit private agency, institution, organization,
or Indian tribe, if the law authorizing the program
provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing statutes;
‘‘(3) the applicant will adopt and use proper
methods of administering each such program,
including—
‘‘(A) the enforcement of any obligations
imposed by law on agencies, institutions, orga-
nizations, and other recipients responsible for
carrying out each program; and
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation;
‘‘(4) the applicant will cooperate in carrying out
any evaluation of each such program conducted by
or for the State educational agency, the Secretary or
other Federal officials;
‘‘(5) the applicant will use such fiscal control
and fund accounting procedures as will ensure prop-
er disbursement of, and accounting for, Federal
412
funds paid to such applicant under each such pro-
gram;
‘‘(6) the applicant will—
‘‘(A) make reports to the State educational
agency and the Secretary as may be necessary
to enable such agency and the Secretary to per-
form their duties under each such program; and
‘‘(B) maintain such records, provide such
information, and afford access to the records as
the State educational agency or the Secretary
may find necessary to carry out the State edu-
cational agency’s or the Secretary’s duties; and
‘‘(7) before the application was submitted, the
applicant afforded a reasonable opportunity for pub-
lic comment on the application and has considered
such comment.
‘‘(b) GEPA PROVISION.—Section 442 of the General
Education Provisions Act does not apply to programs
under this Act.
‘‘PART D—WAIVERS
‘‘SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c), the Secretary may waive any statutory or regulatory
requirement of this Act for a State educational agency,
413
local educational agency, Indian tribe, or school through
a local educational agency, that—
‘‘(1) receives funds under a program authorized
by this Act; and
‘‘(2) requests a waiver under subsection (b).
‘‘(b) REQUEST FOR WAIVER.—
‘‘(1) IN GENERAL.—A State educational agen-
cy, local educational agency, or Indian tribe which
desires a waiver shall submit a waiver request to the
Secretary that—
‘‘(A) identifies the Federal programs af-
fected by such requested waiver;
‘‘(B) describes which Federal requirements
are to be waived and how the waiving of such
requirements will—
‘‘(i) increase the quality of instruction
for students; or
‘‘(ii) improve the academic perform-
ance of students;
‘‘(C) if applicable, describes which similar
State and local requirements will be waived and
how the waiving of such requirements will assist
the local educational agencies, Indian tribes or
schools, as appropriate, to achieve the objectives
414
described in clauses (i) and (ii) of subparagraph
(B);
‘‘(D) describes specific, measurable edu-
cational improvement goals and expected out-
comes for all affected students;
‘‘(E) describes the methods to be used to
measure progress in meeting such goals and
outcomes; and
‘‘(F) describes how schools will continue to
provide assistance to the same populations
served by programs for which waivers are re-
quested.
‘‘(2) 
ADDITIONAL
INFORMATION.—Such
requests—
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies,
local educational agencies, Indian tribes, and
schools; and
‘‘(B) shall be developed and submitted—
‘‘(i)(I) by local educational agencies
(on behalf of such agencies and schools) to
State educational agencies; and
‘‘(II) by State educational agencies
(on behalf of, and based upon the requests
415
of, local educational agencies) to the Sec-
retary; or
‘‘(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the Sec-
retary.
‘‘(3) GENERAL REQUIREMENTS.—
‘‘(A) In the case of a waiver request sub-
mitted by a State educational agency acting in
its own behalf, the State educational agency
shall—
‘‘(i) provide all interested local edu-
cational agencies in the State with notice
and a reasonable opportunity to comment
on the request;
‘‘(ii) submit the comments to the Sec-
retary; and
‘‘(iii) provide notice and information
to the public regarding the waiver request
in the manner that the applying agency
customarily provides similar notices and
information to the public.
‘‘(B) In the case of a waiver request sub-
mitted by a local educational agency that re-
ceives funds under this Act—
416
‘‘(i) such request shall be reviewed by
the State educational agency and be ac-
companied by the comments, if any, of
such State educational agency; and
‘‘(ii) notice and information regarding
the waiver request shall be provided to the
public by the agency requesting the waiver
in the manner that such agency custom-
arily provides similar notices and informa-
tion to the public.
‘‘(c) RESTRICTIONS.—The Secretary shall not waive
under this section any statutory or regulatory require-
ments relating to—
‘‘(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
‘‘(2) maintenance of effort;
‘‘(3) comparability of services;
‘‘(4) use of Federal funds to supplement, not
supplant, non-Federal funds;
‘‘(5) equitable participation of private school
students and teachers;
‘‘(6) parental participation and involvement;
‘‘(7) applicable civil rights requirements;
417
‘‘(8) the requirement for a charter school under
part C of title X; or
‘‘(9) the prohibitions regarding—
‘‘(A) State aid in section 14502; or
‘‘(B) use of funds for religious worship or
instruction in section 14507.
‘‘(d) DURATION AND EXTENSION OF WAIVER.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the duration of a waiver approved by the
Secretary under this section may be for a period not
to exceed 3 years.
‘‘(2) EXTENSION.—The Secretary may extend
the period described in paragraph (1) if the Sec-
retary determines that—
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipients to carry
out the activities for which the waiver was re-
quested and the waiver has contributed to im-
proved student performance; and
‘‘(B) such extension is in the public inter-
est.
‘‘(e) REPORTS.—
‘‘(1) LOCAL WAIVER.—A local educational agen-
cy that receives a waiver under this section shall at
the end of the second year for which a waiver is re-
418
ceived under this section, and each subsequent year,
submit a report to the State educational agency
that—
‘‘(A) describes the uses of such waiver by
such agency or by schools;
‘‘(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers are
requested; and
‘‘(C) evaluates the progress of such agency
and of schools in improving the quality of in-
struction or the academic performance of stu-
dents.
‘‘(2) STATE
WAIVER.—A State educational
agency that receives reports required under para-
graph (1) shall annually submit a report to the Sec-
retary that is based on such reports and contains
such information as the Secretary may require.
‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe
that receives a waiver under this section shall annu-
ally submit a report to the Secretary that—
‘‘(A) describes the uses of such waiver by
schools operated by such tribe; and
419
‘‘(B) evaluates the progress of such schools
in improving the quality of instruction or the
academic performance of students.
‘‘(4) REPORT TO CONGRESS.—Beginning in fis-
cal year 1997 and each subsequent year, the Sec-
retary shall submit to the Committee on Education
and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor
and Pensions of the Senate an annual report—
‘‘(A) summarizing the uses of waivers by
State educational agencies, local educational
agencies, Indian tribes, and schools; and
‘‘(B) describing whether such waivers—
‘‘(i) increased the quality of instruc-
tion to students; or
‘‘(ii) improved the academic perform-
ance of students.
‘‘(f) TERMINATION
OF WAIVERS.—The Secretary
shall terminate a waiver under this section if the Secretary
determines that the performance of the State or other re-
cipient affected by the waiver has been inadequate to jus-
tify a continuation of the waiver or if the waiver is no
longer necessary to achieve its original purposes.
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be
420
published in the Federal Register and the Secretary shall
provide for the dissemination of such notice to State edu-
cational agencies, interested parties, including educators,
parents, students, advocacy and civil rights organizations,
and the public.
‘‘PART E—UNIFORM PROVISIONS
‘‘SEC. 14501. MAINTENANCE OF EFFORT.
‘‘(a) IN GENERAL.—A local educational agency may
receive funds under a covered program for any fiscal year
only if the State educational agency finds that either the
combined fiscal effort per student or the aggregate ex-
penditures of such agency and the State with respect to
the provision of free public education by such agency for
the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for
the second preceding fiscal year.
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
‘‘(1) IN
GENERAL.—The State educational
agency shall reduce the amount of the allocation of
funds under a covered program in any fiscal year in
the exact proportion to which a local educational
agency fails to meet the requirement of subsection
(a) by falling below 90 percent of both the combined
fiscal effort per student and aggregate expenditures
421
(using the measure most favorable to such local
agency).
‘‘(2) SPECIAL RULE.—No such lesser amount
shall be used for computing the effort required
under subsection (a) for subsequent years.
‘‘(c) WAIVER.—The Secretary may waive the require-
ments of this section if the Secretary determines that such
a waiver would be equitable due to—
‘‘(1) exceptional or uncontrollable circumstances
such as a natural disaster; or
‘‘(2) a precipitous decline in the financial re-
sources of the local educational agency.
‘‘SEC. 14502. PROHIBITION REGARDING STATE AID.
‘‘A State shall not take into consideration payments
under this Act (other than under title VIII) in determining
the eligibility of any local educational agency in such State
for State aid, or the amount of State aid, with respect
to free public education of children.
‘‘SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘(a) PRIVATE SCHOOL PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this Act, to the extent consistent with the
number of eligible children in a State educational
agency, local educational agency, or educational
422
service agency or consortium of such agencies receiv-
ing financial assistance under a program specified in
subsection (b), who are enrolled in private elemen-
tary and secondary schools in such agency or consor-
tium, such agency or consortium shall, after timely
and meaningful consultation with appropriate pri-
vate school officials, provide such children and their
teachers or other educational personnel, on an equi-
table basis, special educational services or other ben-
efits under such program.
‘‘(2) SECULAR, NEUTRAL, AND
NONIDEOLOG-
ICAL SERVICES OR BENEFITS.—Educational services
or other benefits, including materials and equipment,
provided under this section, shall be secular, neutral,
and nonideological.
‘‘(3) SPECIAL RULE.—Educational services and
other benefits provided under this section for such
private school children, teachers, and other edu-
cational personnel shall be equitable in comparison
to services and other benefits for public school chil-
dren, teachers, and other educational personnel par-
ticipating in such program.
‘‘(4) EXPENDITURES.—Expenditures for edu-
cational services and other benefits provided under
this section to eligible private school children, their
423
teachers, and other educational personnel serving
such children shall be equal, taking into account the
number and educational needs of the children to be
served, to the expenditures for participating public
school children.
‘‘(5) PROVISION OF SERVICES.—Such agency or
consortium described in subsection (a)(1) may pro-
vide such services directly or through contracts with
public and private agencies, organizations, and insti-
tutions.
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section applies to pro-
grams under—
‘‘(A) part C of title I (migrant education);
‘‘(B) title II (other than section 2103 and
part D of such title);
‘‘(C) title VII;
‘‘(D) title III (other than part B of such
title) (Star Schools); and
‘‘(E) part A of title IV (other than section
4114).
‘‘(2) DEFINITION.—For the purposes of this
section, the term eligible children means children eli-
gible for services under a program described in para-
graph (1).
424
‘‘(c) CONSULTATION.—
‘‘(1) IN
GENERAL.—To ensure timely and
meaningful consultation, a State educational agency,
local educational agency, educational service agency
or consortium of such agencies shall consult with ap-
propriate private school officials during the design
and development of the programs under this Act, on
issues such as—
‘‘(A) how the childrens needs will be identi-
fied;
‘‘(B) what services will be offered;
‘‘(C) how and where the services will be
provided; and
‘‘(D) how the services will be assessed.
‘‘(2) TIMING.—Such consultation shall occur
before the agency or consortium makes any decision
that affects the opportunities of eligible private
school children, teachers, and other educational per-
sonnel to participate in programs under this Act.
‘‘(3) DISCUSSION
REQUIRED.—Such consulta-
tion shall include a discussion of service delivery
mechanisms that the agency or consortium could use
to provide equitable services to eligible private school
children, teachers, administrators, and other staff.
‘‘(d) PUBLIC CONTROL OF FUNDS.—
425
‘‘(1) IN GENERAL.—The control of funds used
to provide services under this section, and title to
materials, equipment, and property purchased with
such funds, shall be in a public agency for the uses
and purposes provided in this Act, and a public
agency shall administer such funds and property.
‘‘(2) PROVISION OF SERVICES.—
‘‘(A) THE PROVISION OF SERVICES UNDER
THIS SECTION SHALL BE PROVIDED—
‘‘(i) by employees of a public agency;
or
‘‘(ii) through contract by such public
agency with an individual, association,
agency, or organization.
‘‘(B) In the provision of such services, such
employee, person, association, agency, or orga-
nization shall be independent of such private
school and of any religious organization, and
such employment or contract shall be under the
control and supervision of such public agency.
‘‘(C) Funds used to provide services under
this section shall not be commingled with non-
Federal funds.
426
‘‘SEC. 14504. STANDARDS FOR BY-PASS.
‘‘If, by reason of any provision of law, a State edu-
cational agency, local educational agency, educational
service agency or consortium of such agencies is prohibited
from providing for the participation in programs of chil-
dren enrolled in, or teachers or other educational per-
sonnel from, private elementary and secondary schools, on
an equitable basis, or if the Secretary determines that
such agency or consortium has substantially failed or is
unwilling to provide for such participation, as required by
section 14503, the Secretary shall—
‘‘(1) waive the requirements of that section for
such agency or consortium; and
‘‘(2) arrange for the provision of equitable serv-
ices to such children, teachers, or other educational
personnel through arrangements that shall be sub-
ject to the requirements of this section and of sec-
tions 14503, 14505, and 14506.
‘‘SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF
PRIVATE SCHOOL CHILDREN.
‘‘(a) PROCEDURES
FOR COMPLAINTS.—The Sec-
retary shall develop and implement written procedures for
receiving, investigating, and resolving complaints from
parents, teachers, or other individuals and organizations
concerning violations of section 14503 by a State edu-
cational agency, local educational agency, educational
427
service agency, or consortium of such agencies. Such indi-
vidual or organization shall submit such complaint to the
State educational agency for a written resolution by the
State educational agency within a reasonable period of
time.
‘‘(b) APPEALS TO THE SECRETARY.—Such resolution
may be appealed by an interested party to the Secretary
not later than 30 days after the State educational agency
resolves the complaint or fails to resolve the complaint
within a reasonable period of time. Such appeal shall be
accompanied by a copy of the State educational agency’s
resolution, and a complete statement of the reasons sup-
porting the appeal. The Secretary shall investigate and re-
solve each such appeal not later than 120 days after re-
ceipt of the appeal.
SEC. 14506. BY-PASS DETERMINATION PROCESS.
‘‘(a) REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) The Secretary shall not take any final
action under section 14504 until the State edu-
cational agency, local educational agency, edu-
cational service agency, or consortium of such
agencies affected by such action has had an op-
portunity, for not less than 45 days after re-
ceiving written notice thereof, to submit written
429
retary based this action, as provided in section
2112 of title 28, United States Code.
‘‘(3) FINDINGS OF FACT.—
‘‘(A) The findings of fact by the Secretary,
if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown,
may remand the case to the Secretary to take
further evidence and the Secretary may then
make new or modified findings of fact and may
modify the Secretary’s previous action, and
shall file in the court the record of the further
proceedings.
‘‘(B) Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
‘‘(4) JURISDICTION.—
‘‘(A) Upon the filing of such petition, the
court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in
whole or in part.
‘‘(B) The judgment of the court shall be
subject to review by the Supreme Court of the
United States upon certiorari or certification as
provided in section 1254 of title 28, United
States Code.
430
‘‘(b) DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines, in consultation with such agency
or consortium and representatives of the affected private
school children, teachers, or other educational personnel
that there will no longer be any failure or inability on the
part of such agency or consortium to meet the applicable
requirements of section 14503 or any other provision of
this Act.
‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When
the Secretary arranges for services pursuant to this sec-
tion, the Secretary shall, after consultation with the ap-
propriate public and private school officials, pay the cost
of such services, including the administrative costs of ar-
ranging for those services, from the appropriate allocation
or allocations under this Act.
‘‘(d) PRIOR DETERMINATION.—Any by-pass deter-
mination by the Secretary under this Act as in effect on
the day preceding the date of enactment of the Safe and
Successful Schools Act shall remain in effect to the extent
the Secretary determines that such determination is con-
sistent with the purpose of this section.
431
‘‘SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS
WORSHIP 
OR 
INSTRUCTION 
AND
VOUCHERIZED ASSISTANCE.
‘‘(a) Nothing contained in this Act shall be construed
to authorize the making of any payment under this Act
for religious worship or instruction.
‘‘(b) Notwithstanding any other provision of this Act,
no services under this Act may be provided through vouch-
er or certificate.
‘‘SEC. 14508. APPLICABILITY TO HOME SCHOOLS.
Nothing in this Act shall be construed to affect home
schools.
‘‘SEC. 
14509. 
GENERAL 
PROVISION 
REGARDING 
NON-
RECIPIENT NONPUBLIC SCHOOLS.
‘‘Nothing in this Act shall be construed to permit,
allow, encourage, or authorize any Federal control over
any aspect of any private, religious, or home school,
whether or not a home school is treated as a private school
or home school under State law. This section shall not be
construed to bar private, religious, or home schools from
participation in programs or services under this Act.
‘‘SEC. 14510. SCHOOL PRAYER.
‘‘Any State or local educational agency that is ad-
judged by a Federal court of competent jurisdiction to
have willfully violated a Federal court order mandating
that such local educational agency remedy a violation of
432
the constitutional right of any student with respect to
prayer in public schools, in addition to any other judicial
remedies, shall be ineligible to receive Federal funds under
this Act until such time as the local educational agency
complies with such order. Funds that are withheld under
this section shall not be reimbursed for the period during
which the local educational agency was in willful non-
compliance.
‘‘SEC. 14511. GENERAL PROHIBITIONS.
‘‘(a) PROHIBITION.—None of the funds authorized
under this Act shall be used—
‘‘(1) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at
youth that are designed to promote or encourage,
sexual activity;
‘‘(2) to distribute or to aid in the distribution
by any organization of legally obscene materials to
minors on school grounds;
‘‘(3) to purchase unsafe needles;
‘‘(4) to provide sex education or HIV preven-
tion education in schools unless such instruction is
age appropriate and includes the health benefits of
abstinence; or
‘‘(5) to operate a program of condom distribu-
tion in schools.
433
‘‘(b) LOCAL CONTROL.—Nothing in this section shall
be construed to—
‘‘(1) authorize an officer or employee of the
Federal Government to mandate, direct, review, or
control a State, local educational agency, or school’s
instructional content, curriculum, and related activi-
ties;
‘‘(2) limit the application of the General Edu-
cation Provisions Act;
‘‘(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
‘‘(4) create any legally enforceable right.
‘‘SEC. 14512. PROHIBITION ON FEDERAL MANDATES, DIREC-
TION, AND CONTROL.
‘‘Nothing in this Act shall be construed to authorize
an officer or employee of the Federal Government to man-
date, direct, or control a State, local educational agency,
or schools curriculum, program of instruction, or alloca-
tion of State or local resources, or mandate a State or
any subdivision thereof to spend any funds or incur any
costs not paid for under this Act.
434
‘‘SEC. 14513. REPORT.
‘‘The Secretary shall report to the Congress not later
than 180 days after the date of enactment of the Safe
and Successful Schools Act regarding how the Secretary
shall ensure that audits conducted by Department employ-
ees of activities assisted under this Act comply with
changes to this Act made by the Safe and Successful
Schools Act, particularly with respect to permitting chil-
dren with similar educational needs to be served in the
same educational settings, where appropriate.
‘‘SEC. 14514. REQUIRED PARTICIPATION PROHIBITED.
‘‘Notwithstanding any other provision of law, no
State shall be required to participate in any program
under the Goals 2000: Educate America Act, or to have
content standards or student performance standards ap-
proved or certified under such Act, in order to receive as-
sistance under this Act.
‘‘SEC. 14515. TEACHER QUALITY.
‘‘All State educational agencies receiving funds under
this Act shall have a plan in place to have all teachers
in such State fully qualified, as defined under section
14101, by September 30, 2003. Such States shall report
annually to the Secretary on their progress in imple-
menting this plan.
435
‘‘SEC. 14516. PRIVACY FOR STUDENTS.
‘‘(a) IN GENERAL.—No State educational agency or
local educational agency that receives funds under this Act
may enter into an agreement, or allow a school under its
supervision to enter into an agreement, with any person
or entity that allows such person or entity to monitor,
gather, or obtain information used to advertise, sell, or
develop a product from any student under 18 years of age
unless such agreement requires the written permission of
the parent of such student prior to monitoring, gathering,
or obtaining such information.
‘‘(b) NATURE OF INFORMATION COLLECTED.—Be-
fore a school, local educational agency, or State edu-
cational agency, as the case may be, enters into an agree-
ment to allow a person or entity to monitor, gather, or
obtain information used to advertise, sell, or develop a
product from any student under 18 years, the school,
agency, or State shall ascertain the nature of the informa-
tion to be collected, how the information will be used, if
the information will be sold, distributed, or transferred to
any person or entity, and the amount of class time, if any,
that will be consumed by such activity.
‘‘(c) CONSENT FORM.—The written permission re-
quired by subsection (a) shall clearly disclose to the parent
the nature of the agreement between a school, local edu-
436
cational agency, or State educational agency, as the case
may be, and the person or entity, including—
‘‘(1) the dollar amount of any consideration
paid under the agreement;
‘‘(2) the nature of the information to be gath-
ered;
‘‘(3) how the information will be used;
‘‘(4) whether the information will be sold, dis-
tributed, or transferred to any other entity; and
‘‘(5) the amount of class time, if any, that will
be consumed by such activity.
‘‘(d) EXCEPTIONS.—This section shall not apply to—
‘‘(1) the recruitment activities of any institution
of higher education, as such term is defined in sec-
tion 102 of the Higher Education Act of 1965;
‘‘(2) the development and administration of
tests and assessments used by elementary and sec-
ondary schools to provide cognitive, evaluative, diag-
nostic, aptitude, or achievement information about
students (or for normalizing data), and the subse-
quent analysis and public release of aggregate data,
if—
‘‘(A) the information is not used to sell,
advertise, or develop another product; and
437
‘‘(B) the tests are conducted in accordance
with applicable Federal, State, and local poli-
cies;
‘‘(3) the development and administration of
educational curriculum and instructional materials
used by elementary and secondary schools to teach
core academic subjects, if—
‘‘(A) the information is not used to sell,
advertise, or develop another product; and
‘‘(B) the curriculum and instructional ma-
terials are used in accordance with applicable
Federal, State, and local policies; or
‘‘(4) contact information collected from a stu-
dent that is used only to respond directly to a spe-
cific request from the student for a transaction, if
the information—
‘‘(A) is not used for any purpose other
than as required in order to effect the trans-
action with the student; and
‘‘(B) is not used to recontact the student
in order to advertise, sell, or develop any other
product or service to the student.
‘‘PART F—EVALUATIONS
‘‘SEC. 14601. EVALUATIONS.
‘‘(a) EVALUATIONS.—
438
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary is authorized to reserve not
more than 0.50 percent of the amount appropriated
to carry out each program authorized under this
Act—
‘‘(A) to carry out comprehensive evalua-
tions of categorical programs and demonstra-
tion projects, and studies of program effective-
ness, under this Act, and the administrative im-
pact of such programs on schools and local edu-
cational agencies in accordance with subsection
(b);
‘‘(B) to evaluate the aggregate short- and
long-term effects and cost efficiencies across
Federal programs under this Act and related
Federal preschool, elementary and secondary
programs under other Federal law; and
‘‘(C) to strengthen the usefulness of grant
recipient evaluations for continuous program
progress through improving the quality, timeli-
ness, efficiency, and utilization of program in-
formation on program performance.
‘‘(2) SPECIAL RULE.—
‘‘(A) Paragraph (1) shall not apply to any
program under title I.
439
‘‘(B) If funds are made available under
any program assisted under this Act (other
than a program under title I) for evaluation ac-
tivities, then the Secretary shall reserve no ad-
ditional funds pursuant to the authority in sub-
section (a)(1) to evaluate such program, but
shall coordinate the evaluation of such program
with the national evaluation described in sub-
section (b).
‘‘(b) NATIONAL EVALUATION.—The Secretary shall
use funds reserved under subsection (a) to conduct inde-
pendent studies of programs under this Act and the effec-
tiveness of those programs in achieving their purposes, to
determine whether those programs (or the administration
of those programs) are—
‘‘(1) contributing to improved student academic
performance;
‘‘(2) supporting the development of challenging
standards and aligned assessments that guide other
elements of school reform, including teacher certifi-
cation, curriculum frameworks, instruction, and pro-
fessional development;
‘‘(3) assisting efforts in schools and classrooms
to improve teaching and the climate for learning,
particularly in high-poverty schools, including efforts
440
related to technology, professional development,
school violence and drug prevention, and public
school choice;
‘‘(4) promoting flexibility with accountability;
‘‘(5) supporting efforts to strengthen family
and community involvement in education;
‘‘(6) targeting their resources effectively;
‘‘(7) contributing to reform efforts and contin-
uous improvement; and
‘‘(8) achieving other goals consistent with the
purposes of this Act.
‘‘(c) INDEPENDENT PANEL.—The Secretary shall es-
tablish an independent panel to review studies under sub-
section (b) to advise the Secretary on their progress, and
to comment, if the panel chooses, on the final report de-
scribed in subsection (d).
‘‘(d) REPORTS.—The Secretary shall submit an in-
terim report on the evaluation described in subsection (b)
within three years of enactment of the Safe and Successful
Schools Act and a final report within four years of its en-
actment to the Committee on Education and the Work-
force of the House of Representatives and to the Com-
mittee on Health, Education, Labor, and Pensions of the
Senate.
441
‘‘(e) PARTNERSHIPS
TO STRENGTHEN PERFORM-
ANCE INFORMATION FOR IMPROVEMENT.—The Secretary
may provide technical assistance to recipients of assistance
under this Act in order to strengthen the collection and
assessment of information relating to program perform-
ance and quality assurance at the State and local levels.
Such technical assistance shall be designed to promote the
development, measurement, use, and reporting of data on
valid, reliable, timely, and consistent performance indica-
tors, within and across programs, and may include one-
time grants, from funds reserved under subsection (a), to
recipients to develop their data systems with the goal of
helping recipients make continuous program improvement.
‘‘SEC. 14602. PERFORMANCE MEASURES.
‘‘(a) IN GENERAL.—The Secretary is authorized to
establish performance indicators, benchmarks, and targets
for each program under this Act and subtitle B of title
VII of the Stewart B. McKinney Homeless Assistance Act,
to assist in measuring program performance. Indicators,
benchmarks, and targets under this section shall be con-
sistent with the Government Performance and Results Act
of 1993 (and strategic plans adopted by the Secretary
under that Act).
‘‘(b) COLLABORATION.—The Secretary shall collabo-
rate with State educational agencies, local educational
442
agencies, and other recipients under this Act in estab-
lishing performance indicators, benchmarks, and targets
under this section.
‘‘(c) PLANS
AND
APPLICATIONS.—The Sec-
retary may require any applicant for funds under
this Act or subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act to—
‘‘(1) include in its plan or application informa-
tion relating to how it will use performance indica-
tors, benchmarks, and targets under this section to
improve its program performance; and
‘‘(2) report data relating to such performance
indicators, benchmarks, and targets to the Sec-
retary.
‘‘PART G—SENSE OF CONGRESS
‘‘SEC. 14701. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
‘‘(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
443
‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In
providing financial assistance under this Act, the head of
each Federal agency shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.’’.
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