323
and maintaining high quality bilingual educational pro-
grams for persons of limited English proficiency.
‘‘(b) CONSULTATION.—The Secretary shall consult
with agencies and organizations that are engaged in bilin-
gual education research and practice, or related research,
and bilingual education researchers and practitioners to
identify areas of study and activities to be funded under
this section.
‘‘ACADEMIC EXCELLENCE AWARDS
‘‘SEC. 7203. (a) AWARDS.—The Secretary may make
grants to, and enter into contracts and cooperative agree-
ments with, State and local educational agencies, non-
profit organizations, and institutions of higher education
to promote the adoption and implementation of bilingual
education programs that demonstrate great promise of as-
sisting children and youth of limited English proficiency
to meet challenging State standards.
‘‘(b) APPLICATIONS.—(1) An entity desiring to re-
ceive an award under this section shall submit an applica-
tion to the Secretary in such form, at such time, and con-
taining such information and assurances as the Secretary
may require.
‘‘(2) The Secretary shall use a peer review process,
using effectiveness criteria that the Secretary shall estab-
lish, to review applications under this section.
324
‘‘(c) USE OF FUNDS.—Funds under this section shall
be used to enhance the capacity of States and local edu-
cation agencies to provide high quality academic programs
for children and youth of limited English proficiency,
which may include—
‘‘(1) completing the development of such pro-
grams;
‘‘(2) professional development of staff partici-
pating in bilingual education programs;
‘‘(3) sharing strategies and materials; and
‘‘(4) supporting professional networks.
‘‘(d) COORDINATION.—Recipients of funds under this
section shall coordinate their activities with those carried
out by comprehensive regional centers under section 2205
of this Act.
‘‘STATE GRANT PROGRAM
‘‘SEC. 7204. (a) STATE GRANT PROGRAM.—The Sec-
retary is authorized to make an award to a State edu-
cational agency that demonstrates, to the satisfaction of
the Secretary, that its approved plan under title III of the
Goals 2000: Educate America Act (by amendment, if nec-
essary), if such plan exists, or, if such plan does not exist,
its plan under section 1111 of this Act, effectively provides
for the education of children and youth of limited English
proficiency within the State.
325
‘‘(b) PAYMENTS.—The amount paid to a State edu-
cational agency under subsection (a) shall not exceed 10
percent of the total amount awarded to local educational
agencies within the State under part A of this title for
the previous fiscal year.
‘‘(c) USE OF FUNDS.—(1) A State educational agen-
cy may use funds for programs authorized by this section
to—
‘‘(A) assist local educational agencies in the
State with program design, capacity building, assess-
ment of student performance, and program evalua-
tion;
‘‘(B) operate a bilingual education advisory
panel under subsection (d); and
‘‘(C) collect data concerning children and youth
of limited English proficiency.
‘‘(2) Recipients of awards under this section shall not
restrict the provision of services under this section to fed-
erally-funded programs.
‘‘(d) STATE
BILINGUAL
EDUCATION
ADVISORY
PANEL.—Each State educational agency that receives
funds under this section shall appoint a broad-based bilin-
gual education advisory panel, with substantial represen-
tation from persons knowledgeable about the education of
limited English proficient students, to develop and rec-
326
ommend to the State educational agency guidelines for re-
viewing, and providing the Secretary with comments re-
garding, applications for funds under parts A and C of
this title that come from within the State.
‘‘(e) APPLICATIONS.—A State educational agency de-
siring to receive an award under this section shall submit
an application to the Secretary in such form, at such time,
containing such information and assurances as the Sec-
retary may require.
‘‘NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION
‘‘SEC. 7205. (a) ESTABLISHMENT.—The Secretary
shall establish and support the operation of a National
Clearinghouse for Bilingual Education, which shall collect,
analyze, synthesize, and disseminate information about bi-
lingual education and related programs.
‘‘(b) FUNCTIONS.—The National Clearinghouse for
Bilingual Education shall—
‘‘(1) coordinate its activities with Federal data
and information clearinghouses and dissemination
networks and systems; and
‘‘(2) develop a data base management and mon-
itoring system for improving the operation and effec-
tiveness of funded programs.
‘‘EVALUATIONS
‘‘SEC. 7206. (a) PROGRAM EVALUATIONS UNDER
PART A.—(1) Each recipient of funds under part A of
327
this title shall provide the Secretary with an evaluation,
in the form prescribed by the Secretary, of its program
every two years.
‘‘(2) Such evaluation shall be used by a grantee—
‘‘(A) for program improvement;
‘‘(B) to further define the local program’s goals
and objectives; and
‘‘(C) to determine program effectiveness.
‘‘(3) Evaluations shall include—
‘‘(A) student outcome indicators that measure
progress toward the performance standards set out
in the State’s plan, either approved or being devel-
oped, under title III of the Goals 2000: Educate
America Act, or, if the State does not have an ap-
proved plan under title III of the Goals 2000: Edu-
cate America Act and is not developing such a plan,
with the State plan approved or being developed
under section 1111 of this Act, including data com-
paring children and youth of limited English pro-
ficiency with non-limited English proficient children
and youth with regard to school retention, academic
achievement, and gains in English (and, where appli-
cable, native language) proficiency;
‘‘(B) program implementation indicators that
provide information for informing and improving
328
program management and effectiveness, including
data on appropriateness of curriculum in relation-
ship to grade and course requirements, appropriate-
ness of program management, appropriateness of
the program’s staff professional development, and
appropriateness of the language of instruction;
‘‘(C) program context indicators that describe
the relationship of the activities funded under the
grant to the overall school program and other Fed-
eral, State, or local programs serving children and
youth of limited English proficiency; and
‘‘(D) such other information as the Secretary
may require.
‘‘(b) PROGRAM EVALUATIONS UNDER PART C.—(1)
Each recipient of funds under part C of this title shall
provide the Secretary with an evaluation of its program
every two years.
‘‘(2) Such evaluation shall include data on—
‘‘(A) 
post-program 
placement 
of 
persons
trained;
‘‘(B) how the training relates to the employ-
ment of persons served by the program;
‘‘(C) program completion; and
‘‘(D) such other information as the Secretary
may require.
329
‘‘PART C—PROFESSIONAL DEVELOPMENT
‘‘PURPOSE
‘‘SEC. 7301. The purpose of this part is to improve
the quality of instruction for children and youth of limited
English proficiency—
‘‘(1) through professional development pro-
grams designed—
‘‘(A) for persons preparing to provide serv-
ices for children and youth of limited English
proficiency;
‘‘(B) to improve the skills of persons cur-
rently providing services to children and youth
of limited English proficiency; and
‘‘(C) for other staff in schools serving chil-
dren and youth of limited English proficiency;
and
‘‘(2) by disseminating information on appro-
priate instructional practices and activities for chil-
dren and youth of limited English proficiency to
other school personnel, including teachers not cur-
rently serving such children and youth.
‘‘PROFESSIONAL DEVELOPMENT GRANTS
‘‘SEC. 7302. (a) GRANTS TO INSTITUTIONS OF HIGH-
ER EDUCATION.—(1) The Secretary is authorized to make
grants to institutions of higher education for—
330
‘‘(A) pre-service and in-service professional de-
velopment for individuals who are either involved in,
or preparing to be involved in, the provision of edu-
cational services for children and youth of limited
English proficiency; and
‘‘(B) national professional development insti-
tutes that assist schools or departments of education
in institutions of higher education to improve the
quality of professional development programs for
personnel serving, preparing to serve, or who may
serve, children and youth of limited English pro-
ficiency.
‘‘(b) GRANTS TO STATE AND LOCAL EDUCATIONAL
AGENCIES.—The Secretary may make grants to State and
local educational agencies for in-service professional devel-
opment programs that prepare current school personnel
to provide effective services to limited English proficient
students.
‘‘(c) USE OF FUNDS FOR SECOND LANGUAGE COM-
PETENCE.—Awards under this section may be used to de-
velop a program participant’s competence in a second lan-
guage.
‘‘(d) APPLICATIONS.—(1) An institution of higher
education, or a state or local educational agency desiring
to receive an award under this section shall submit,
331
through its State educational agency, an application to the
Secretary, in such form, at such time, and containing such
information and assurances as the Secretary may require.
‘‘(2) Each application shall contain a description of
how the applicant has consulted with, and assessed the
needs of, public and private schools serving children and
youth of limited English proficiency to determine their
need for and the design of the program for which funds
are sought.
‘‘(3)(A) An application for a grant under subsection
(a) from an applicant who proposes to conduct a masters
or doctoral-level program with funds received under this
section shall provide an assurance that such program will
include, as a part of the program, a training practicum
in a local school program serving children and youth of
limited English proficiency.
‘‘(B) A recipient of a grant under subsection (a) may
waive the requirement of a training practicum for a degree
candidate with significant experience in a local school pro-
gram serving children and youth of limited English pro-
ficiency.
‘‘(4) In order for an institution of higher education
or a local educational agency to apply for funds under this
section, its State educational agency shall review such ap-
plication for funds and provide the Secretary with timely
332
comments on the need within the State for the proposed
program and whether the proposed program is consistent
with the State’s plan, either approved or being developed,
under title III of the Goals 2000: Educate America Act,
or, 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, with the State plans under sec-
tions 1111 and 2125(b) of this Act.
‘‘FELLOWSHIPS
‘‘SEC. 7303. (a) ACADEMIC FELLOWSHIPS.—The
Secretary may award fellowships for masters, doctoral,
and post-doctoral study related to instruction of children
and youth of limited English proficiency in such areas as
teacher training, program administration, research and
evaluation, and curriculum development, and for the sup-
port of dissertation research related to such study.
‘‘(b) REPAYMENT.—(1) Any person receiving a fel-
lowship under this section shall agree to—
‘‘(A) work in an activity related to the program
or in an activity such as those authorized under the
program for a period of time equivalent to the period
of time during which such person receives assistance
under this title; or
‘‘(B) repay such assistance.
‘‘(2) The Secretary shall establish in regulations such
terms and conditions for such agreement as he or she
333
deems reasonable and necessary and may waive the re-
quirement of paragraph (1) in extraordinary cir-
cumstances.
‘‘STIPENDS
‘‘SEC. 7304. The Secretary shall provide for the pay-
ment of such stipends (including allowances for subsist-
ence and other expenses for such persons and their de-
pendents), as the Secretary determines to be appropriate,
to persons participating in training programs under this
part.
‘‘PART D—EMERGENCY IMMIGRANT EDUCATION
PROGRAM
‘‘PURPOSE
‘‘SEC. 7401. The purpose of this part is to assist eli-
gible local educational agencies that experience unexpect-
edly large increases in their student population due to im-
migration to—
‘‘(1) provide high-quality instruction to immi-
grant children and youth; and
‘‘(2) help such children and youth—
‘‘(A) with their transition into American
society; and
‘‘(B) meet the same challenging State per-
formance standards expected of all children and
youth.
334
‘‘EMERGENCY IMMIGRANT EDUCATION GRANTS
‘‘SEC. 7402. (a) GRANTS AUTHORIZED.—(1) The
Secretary is authorized to make grants to eligible local
educational agencies to—
‘‘(A) develop new instructional programs for
immigrant children and youth;
‘‘(B) enhance or expand existing instructional
programs for immigrant children and youth; and
‘‘(C) meet the short-term needs of local edu-
cational agencies without instructional programs for
immigrant children and youth.
‘‘(2) Grants awarded under this part shall be for a
period of up to two years.
‘‘(b) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—For
the purpose of this part, an eligible local educational agen-
cy is a local educational agency that has enrolled, in the
aggregate, over the current school year and the preceding
school year—
‘‘(1) at least 1,000 immigrant children and
youth; or
‘‘(2) immigrant children and youth in numbers
that represent at least 10 percent of the local edu-
cational agency’s total enrollment.
‘‘(c) APPLICATIONS.—(1) Any eligible local edu-
cational agency desiring to receive a grant under this part
335
shall submit to the Secretary an application in such form,
at such time, and containing such information and assur-
ances as the Secretary may require.
‘‘(2) Each application shall—
‘‘(A) describe—
‘‘(i) the need for the proposed program, in-
cluding data on the number of the immigrant
children and youth in the districts to be served
and their characteristics, such as language spo-
ken, dropout rates, proficiency in English and
the native language, and academic standing in
relation to their English proficient peers; and
‘‘(ii) the program to be implemented and
how its design—
‘‘(I) relates to the linguistic and aca-
demic needs of the immigrant children and
youth to be served; and
‘‘(II) is consistent with, and promotes
the goals in, its plan under title III of the
Goals 2000: Educate America Act, if such
plan exists, and its plan under section
1112 of this Act, particularly as those
plans relate to the education of immigrant
children and youth; and
336
‘‘(B) provide an assurance that the applicant
will not reduce the level of State and local funds
that it expends for instructional programs for immi-
grant children and youth if it receives an award
under this part.
‘‘(d) USE OF FUNDS.—Funds awarded under this
part shall be used to pay for enhanced instructional oppor-
tunities for immigrant children and youth, which may in-
clude—
‘‘(1) parent outreach and training activities de-
signed to assist parents to become active partici-
pants in the education of their children;
‘‘(2) salaries of personnel, including teacher
aides who have been specifically trained, or are being
trained, to provide services to immigrant children
and youth;
‘‘(3) tutorials and academic or career counsel-
ing for immigrant children and youth;
‘‘(4) identification and acquisition of curricular
materials, educational software, and technologies to
be used in the program; and
‘‘(5) such other activities, related to the pur-
poses of this part, as the Secretary may authorize.
‘‘(e) CONSORTIA.—A local educational agency that
receives a grant under this part may collaborate or form
337
a consortium with one or more local educational agencies,
institutions of higher education, and non-profit organiza-
tions to carry out the approved program.
‘‘(f) SUBGRANTS.—A local educational agency that
receives a grant under this part may, with the approval
of the Secretary, make a subgrant to, or enter into a con-
tract with, an institution of higher education, a non-profit
organization, or a consortium of such entities to carry out
an approved program, including a program to serve out-
of-school youth.
‘‘PART E—ADMINISTRATION
‘‘COORDINATION WITH RELATED PROGRAMS
‘‘SEC. 7501. In order to maximize the effectiveness
of Federal efforts aimed at serving the educational needs
of children and youth of limited English proficiency, the
Secretary shall coordinate and ensure close cooperation
with other programs administered by the Department of
Education, including programs in such areas as teacher
training, program content, research, and curriculum.
‘‘REPORT ON BILINGUAL EDUCATION
‘‘SEC. 7502. The Secretary shall, within three years
from the date of enactment of the Improving America’s
Schools Act of 1993, and every third year thereafter, sub-
mit to the Congress a report on the condition of bilingual
education. The report shall include—
‘‘(1) information on—
338
‘‘(A) the grants, contracts, and cooperative
agreements made pursuant to this title in the
preceding three fiscal years;
‘‘(B) the number of individuals benefiting
from the programs assisted under this title;
‘‘(C) the evaluation of activities carried out
under this title during the preceding three fiscal
years and the extent to which each of such ac-
tivities achieves the policy set forth in section
7002(a);
‘‘(D) an estimate of the number of teach-
ers and other school personnel for bilingual
education that will be necessary for the three
succeeding fiscal years; and
‘‘(E) the research activities carried out
under this title during the preceding three fiscal
years and the major findings of research stud-
ies; and
‘‘(2) an analysis and synthesis of such data.
‘‘STATE EDUCATIONAL AGENCY RECOMMENDATIONS;
PEER REVIEW
‘‘SEC. 7503. (a) STATE EDUCATIONAL AGENCY REC-
OMMENDATIONS.—In making awards under parts A and
C of this title, the Secretary shall take State educational
agency recommendations into account.
339
‘‘(b) PEER REVIEW.—(1) In making awards under
parts A, C, and D of this title and in making funding
decisions for continuation grants under parts A and C of
this title, the Secretary may solicit recommendations from
peer review panels composed of individuals experienced in
aspects of the education of limited English proficient stu-
dents.
‘‘(2) The Secretary may use up to 0.2 percent of the
total amount of funds appropriated for each fiscal year
for programs authorized under this title for peer review.
‘‘PART F—SPECIAL RULE
‘‘SPECIAL RULE
‘‘SEC. 7601. Notwithstanding any other provision of
this title, no recipient of a grant under title VII of this
Act as in effect prior to the enactment of the Improving
America’s Schools Act of 1993 shall be eligible for fourth-
and 
fifth-year 
renewals 
authorized 
by 
section
7021(d)(1)(C) of this title as in effect prior to such enact-
ment.
‘‘TITLE VIII—IMPACT AID
‘‘FINDINGS
‘‘SEC. 8001. The Congress finds that—
‘‘(1) certain activities of the Federal Govern-
ment place a financial burden on the local edu-
340
cational agencies serving areas where such activities
are carried out; and
‘‘(2) it is the shared responsibility of the Fed-
eral Government, the States, and local educational
agencies to provide for the education of children con-
nected to those activities.
‘‘PURPOSE
‘‘SEC. 8002. In order to fulfill the Federal respon-
sibility to assist with the provision of educational services
to federally connected children, and to help them meet
challenging State standards, it is the purpose of this title
to provide financial assistance to local educational agen-
cies that—
‘‘(1) educate children who reside on Federal
property and whose parents are employed on Federal
property;
‘‘(2) experience sudden and substantial in-
creases 
in 
enrollments 
because 
of 
military
realignments; or
‘‘(3) need special assistance with capital ex-
penditures for construction activities because of the
enrollments of substantial numbers of children who
reside on Indian lands.
‘‘PAYMENTS FOR ELIGIBLE CHILDREN
‘‘SEC. 8003. (a) ELIGIBLE CHILDREN.—For the pur-
pose of computing the amount that a local educational
341
agency is eligible to receive under subsection (b) or (c)
of this section for any fiscal year, the Secretary shall de-
termine the number of children who were in average daily
attendance in the schools of such agency, and for whom
such agency provided free public education, during the
preceding school year and who, while in attendance at
such schools—
‘‘(1) resided on Federal property with a parent
employed on Federal property located, in whole or in
part, within the boundaries of the school district of
such agency;
‘‘(2) resided on Federal property and had a
parent on active duty in the uniformed services (as
defined in section 101 of title 37, United States
Code); or
‘‘(3) resided on Indian lands, as defined in sec-
tion 8012(6) of this title.
‘‘(b) BASIC SUPPORT PAYMENTS.—(1) From the
amount appropriated under section 8013(a) for any fiscal
year, the Secretary is authorized to make payments to
local educational agencies with children described in sub-
section (a).
‘‘(2) The maximum amount that a local educational
agency is eligible to receive under this subsection for any
fiscal year is—
342
‘‘(A) the total number of children determined
under subsection (a) (1) and (2), plus 1.25 times the
number of children determined under subsection
(a)(3), for such agency; multiplied by
‘‘(B) the average per-pupil expenditure of local
educational agencies in such agency’s State for the
third preceding fiscal year, as determined by the
Secretary; multiplied by
‘‘(C) the local contribution percentage for the
third preceding fiscal year, as determined by the
Secretary.
‘‘(3) If the amount appropriated under section
8013(a) for any fiscal year is insufficient to pay to each
local educational agency the amount determined under
paragraph (2), the Secretary shall ratably reduce each
such payment.
‘‘(c) SUPPLEMENTAL
PAYMENTS
FOR
CERTAIN
CHILDREN WITH DISABILITIES.—(1) From the amount
appropriated under section 8013(b) for any fiscal year, the
Secretary shall make supplemental payments to local edu-
cational agencies that receive basic support payments
under subsection (b).
‘‘(2) The maximum amount that a local educational
agency is eligible to receive under this subsection for any
fiscal year is—
343
‘‘(A) the number of children with disabilities, as
defined in section 602(a)(1) of the Individuals with
Disabilities Education Act, described in paragraphs
(2) and (3) of subsection (a), to whom the local edu-
cational agency provided a free appropriate public
education in accordance with such Act in the preced-
ing school year; multiplied by
‘‘(B) 50 percent of the average per-pupil ex-
penditure determined under subsection (b)(2)(B);
multiplied by
‘‘(C) the local contribution percentage deter-
mined by the Secretary under subsection (b)(2)(C).
‘‘(3) If the amount appropriated under section
8013(b) for any fiscal year is insufficient to pay to each
local educational agency the amount determined under
paragraph (2), the Secretary shall ratably reduce each
such payment.
‘‘(4) A local educational agency shall use any funds
it receives under this subsection to provide a free appro-
priate public education to children described in paragraph
(2), in accordance with part B of the Individuals with Dis-
abilities Education Act.
‘‘(d) HOLD-HARMLESS
AMOUNTS.—(1) Notwith-
standing any other provision of this section, the total
344
amount that the Secretary shall pay a local educational
agency under subsections (b) and (c) of this section—
‘‘(A) for fiscal year 1995, shall not be less than
80 percent of the payment such agency received for
fiscal year 1994 under section 3(a) of Public Law
81–874, as in effect for fiscal year 1994;
‘‘(B) for fiscal year 1996, shall not be less than
60 percent of such fiscal year 1994 payment; and
‘‘(C) for fiscal year 1997, shall not be less than
40 percent of such fiscal year 1994 payment.
‘‘(2) If necessary in order to make payments to local
educational agencies in accordance with paragraph (1),
the Secretary shall reduce payments to other local edu-
cational agencies determined under subsection (b).
‘‘POLICIES AND PROCEDURES FOR CHILDREN RESIDING
ON INDIAN LANDS
‘‘SEC. 8004. (a) POLICIES AND PROCEDURES RE-
QUIRED.—Any local educational agency that claims chil-
dren residing on Indian lands for the purpose of receiving
funds under section 8003 of this title shall establish poli-
cies and procedures to ensure that—
‘‘(1) such children participate in programs and
activities supported by such funds on an equal basis
with all other children;
‘‘(2) parents of such children and Indian tribes
are afforded an opportunity to present their views on
345
such programs and activities, including an oppor-
tunity to make recommendations on the needs of
those children and how they may help those children
realize the benefits of those programs and activities;
‘‘(3) parents and Indian tribes are consulted
and involved in planning and developing such pro-
grams and activities;
‘‘(4) relevant applications, evaluations, and pro-
gram plans are disseminated to the parents and In-
dian tribes; and
‘‘(5) parents and Indian tribes are afforded an
opportunity to present their views on the agency’s
general educational program.
‘‘(b) RECORDS.—Each such agency shall maintain
records demonstrating its compliance with subsection (a).
‘‘(c) WAIVER.—Any such agency is excused from the
requirements of subsections (a) and (b) for any year with
respect to any Indian tribe from which it has received a
written statement that the agency need not comply with
those subsections because the tribe is satisfied with the
agency’s provision of educational services to such children.
‘‘(d) 
TECHNICAL
ASSISTANCE
AND
ENFORCE-
MENT.—The Secretary shall—
346
‘‘(1) provide technical assistance to local edu-
cational agencies, parents, and Indian tribes to en-
able them to carry out this section; and
‘‘(2) enforce this section through such actions,
which may include the withholding of funds, as the
Secretary finds appropriate, after affording the local
educational agency, parents, and affected Indian
tribes an opportunity to present their views.
‘‘APPLICATIONS FOR PAYMENTS UNDER SECTION 8003
‘‘SEC. 8005. (a) APPLICATIONS REQUIRED.—Any
local educational agency wishing to receive a payment
under section 8003 of this title shall—
‘‘(1) file an application therefor with the Sec-
retary; and
‘‘(2) provide a copy of its application to the
State educational agency.
‘‘(b) APPLICATION CONTENTS.—Each such applica-
tion shall be submitted in such form and manner, and
shall contain such information, as the Secretary may re-
quire, including—
‘‘(1) information to determine such agency’s eli-
gibility for a payment and the amount of any such
payment; and
‘‘(2) where applicable, an assurance that such
agency is in compliance with section 8004 of this
title, relating to children residing on Indian lands.
347
‘‘(c) DEADLINE FOR SUBMITTING; APPROVAL.—(1)
The Secretary shall establish deadlines for the filing of
applications under this section.
‘‘(2) The Secretary shall approve each application
submitted under this section that is filed by the deadline
established under paragraph (1) and otherwise meets the
requirements of this title.
‘‘(3) The Secretary shall approve an application filed
up to 60 days after a deadline established under sub-
section (c) that otherwise meets the requirements of this
title, except that, notwithstanding section 8003(d) or any
other provision of this title, the Secretary shall reduce the
payment based on such late application by ten percent of
the amount that would otherwise be paid.
‘‘(4) The Secretary shall not accept or approve any
application filed more than 60 days after a deadline estab-
lished under paragraph (1).
‘‘SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE
OF MILITARY DEPENDENTS
‘‘SEC. 8006. (a) ELIGIBILITY.—A local educational
agency is eligible for a payment under this section if—
‘‘(1) the number of children in average daily at-
tendance during the current school year is at least
ten percent or 100 more than the number of chil-
dren in average daily attendance in the preceding
school year; and
348
‘‘(2) the number of children in average daily at-
tendance with a parent on active duty (as defined in
section 101(18) of title 37, United States Code) in
the Armed Forces who are in attendance at such
agency because of the assignment of their parent to
a new duty station between July 1 and September
30, inclusive, of the current year, as certified by an
appropriate local official of the Department of De-
fense, is at least ten percent or 100 more than the
number of children in average daily attendance in
the preceding school year.
‘‘(b) APPLICATION.—Any local educational agency
that wishes to receive a payment under this section shall
file an application therefor with the Secretary by October
15 of the current school year, in such manner and contain-
ing such information as the Secretary may prescribe, in-
cluding information demonstrating that it is eligible for
such a payment.
‘‘(c) CHILDREN TO BE COUNTED.—For each eligible
local educational agency that applies for a payment under
this section, the Secretary shall determine the lesser of—
‘‘(1) the increase in the number of children in
average daily attendance from the preceding year;
and
349
‘‘(2) the number of children described in sub-
section (a)(2).
‘‘(d) PAYMENTS.—The Secretary shall pay each local
educational agency with an approved application an
amount, not to exceed $200 per eligible child, equal to—
‘‘(1) the amount available to carry out this sec-
tion, including any funds carried over from prior
years, divided by the number of children determined
under subsection (c) for all such local educational
agencies; multiplied by
‘‘(2) the number of such children determined
for that local educational agency.
‘‘CONSTRUCTION
‘‘SEC. 8007. (a) PAYMENTS AUTHORIZED.—From
the amount appropriated for each fiscal year under section
8013(d), the Secretary shall make payments to each local
educational agency—
‘‘(1) that receives a basic payment under sec-
tion 8003(b); and
‘‘(2) in which the number of children deter-
mined under section 8003(a) who resided on Indian
lands constituted at least 50 percent of the number
of children who were in average daily attendance in
the schools of such agency during the preceding
school year.
350
‘‘(b) AMOUNT OF PAYMENTS.—The amount of a pay-
ment to each such agency shall be equal to—
‘‘(1) the amount so appropriated under section
8013(d); divided by
‘‘(2) the number of children determined under
section 8003(a) for all such agencies, but not includ-
ing any children attending a school assisted or pro-
vided by the Secretary under section 8008 of this
title or section 10 of Public Law 81–815, as in ef-
fect prior to the repeal of such statute; multiplied by
‘‘(3) the number of such children determined
for such agency.
‘‘(c) USE OF FUNDS.—Any local educational agency
that receives funds under this section shall use such funds
for construction, as defined in section 8012(3) of this title.
‘‘MINIMUM SCHOOL FACILITIES ASSISTED BY THE
SECRETARY
‘‘SEC. 8008. (a) CURRENT FACILITIES.—From the
amount appropriated for any fiscal year under section
8013(e), the Secretary may continue to provide assistance
for school facilities that were supported by the Secretary
under section 10 of Public Law 81–815 as in effect prior
to the repeal of such statute.
‘‘(b) TRANSFER OF FACILITIES.—(1) The Secretary
shall, as soon as practicable, transfer to the appropriate
local educational agency or another appropriate entity all
351
the right, title, and interest of the United States in and
to each facility provided under section 10 of Public Law
81–815, or under sections 204 or 310 of Public Law 81–
874 as in effect on January 1, 1958.
‘‘(2) Any such transfer shall be without charge to
such agency or entity and shall be subject to such terms
and conditions as the Secretary finds appropriate.
‘‘STATE CONSIDERATION OF PAYMENTS IN PROVIDING
STATE AID
‘‘SEC. 8009. (a) GENERAL PROHIBITION ON STATE
CONSIDERATION.—Except as provided in subsection (b),
no State shall—
‘‘(1) consider payments under this title or
under Public Law 81–874 in determining, for any
fiscal year—
‘‘(A) the eligibility of any local educational
agency for State aid for free public education;
or
‘‘(B) the amount of such aid; or
‘‘(2) make such aid available to local edu-
cational agencies in a manner that results in less
State aid to any local educational agency that is eli-
gible for such payment than it would receive if it
were not so eligible.
‘‘(b) STATE EQUALIZATION PLANS.—(1) Notwith-
standing subsection (a), a State may reduce State aid to
352
a local educational agency that receives a payment under
section 8003(b) of this title or under Public Law 81–874
(other than a payment under section 2 or an increase in
payments described in paragraphs (2)(B), (2)(C), (2)(D),
or (3)(B)(ii) of section 3(d)) for any fiscal year if the Sec-
retary 
determines, 
and 
certifies 
under 
subsection
(c)(3)(A), that the State has in effect a program of State
aid that equalizes expenditures for free public education
among local educational agencies in the State.
‘‘(2)(A) For the purpose of paragraph (1), a program
of State aid equalizes expenditures among local edu-
cational agencies if, in the second preceding fiscal year,
the amount of per-pupil expenditures made by, or per-
pupil revenues available to, the local educational agency
in the State with the highest such per-pupil expenditures
or revenues did not exceed the amount of such per-pupil
expenditures made by, or per-pupil revenues available to,
the local educational agency in the State with the lowest
such expenditures or revenues by more than 25 percent.
‘‘(B) In making a determination under this sub-
section, the Secretary shall—
‘‘(i) disregard local educational agencies with
per-pupil expenditures or revenues above the 95th
percentile of such expenditures or revenues in the
State; and
353
‘‘(ii) take into account the extent to which a
program of State aid reflects the additional cost of
providing free public education in particular types of
local educational agencies, such as those that are
geographically isolated, or to particular types of stu-
dents, such as children with disabilities.
‘‘(3) Notwithstanding paragraph (2), if the Secretary
determines that the State has substantially revised its pro-
gram of State aid, the Secretary may certify such program
for any fiscal year only if—
‘‘(A) the Secretary determines, on the basis of
projected data, that the State’s program will meet
the 25 percent disparity standard described in para-
graph (2) in that fiscal year; and
‘‘(B) the State provides an assurance to the
Secretary that, if final data do not demonstrate that
the State’s program met such standard for that year
(or that it met such standard with a greater percent-
age of disparity than anticipated), the State will pay
to each affected local educational agency the amount
by which it reduced State aid to the local edu-
cational agency on the basis of such certification, or
a proportionate share thereof, as the case may be.
‘‘(c) PROCEDURES FOR REVIEW OF STATE EQUALI-
ZATION PLANS.—(1)(A) Any State that wishes to consider
354
payments described in subsection (b)(1) in providing State
aid to local educational agencies shall submit to the Sec-
retary, not later than 120 days before the beginning of
the State’s fiscal year, a written notice of its intention to
do so.
‘‘(B) Such notice shall be in the form and contain
the information the Secretary requires, including evidence
that the State has notified each local educational agency
in the State of its intention to consider such payments
in providing State aid.
‘‘(2) Before making a determination under subsection
(b), the Secretary shall afford the State, and local edu-
cational agencies in the State, an opportunity to present
their views.
‘‘(3)(A) If the Secretary determines that a program
of State aid qualifies under subsection (b), the Secretary
shall—
‘‘(i) certify the program and so notify the State;
and
‘‘(ii) afford an opportunity for a hearing, in ac-
cordance with section 8011(a), to any local edu-
cational agency adversely affected by such certifi-
cation.
355
‘‘(B) If the Secretary determines that a program of
State aid does not qualify under subsection (b), the Sec-
retary shall—
‘‘(i) so notify the State; and
‘‘(ii) afford an opportunity for a hearing, in ac-
cordance with section 8011(a), to the State, and to
any local educational agency adversely affected by
such determination.
‘‘(d) REDUCTIONS
OF STATE AID.—(1) A State
whose program of State aid has been certified by the Sec-
retary under subsection (c)(3)(A) may reduce the amount
of such aid provided to a local educational agency that
receives a payment described in subsection (b)(1) by any
amount up to—
‘‘(A) the amount of such payment; multiplied
by
‘‘(B) 100 percent minus the percentage of dis-
parity determined under subsection (b).
‘‘(2) No State may make such reductions before its
program of State aid has been certified by the Secretary
under subsection (c)(3)(A).
‘‘(e) REMEDIES FOR STATE VIOLATIONS.—(1) The
Secretary or any aggrieved local educational agency may,
without exhausting administrative remedies, bring an ac-
tion in United States district court against any State that
356
violates subsection (a) or subsection (d)(2) of this section
or fails to carry out an assurance provided under sub-
section (b)(3)(B) of this section.
‘‘(2) A State shall not be immune under the eleventh
amendment to the Constitution of the United States from
such action.
‘‘(3) The court shall grant such relief, other than
monetary damages, as it determines is appropriate, which
may include attorney’s fees to a prevailing local edu-
cational agency.
‘‘FEDERAL ADMINISTRATION
‘‘SEC. 8010. (a) PAYMENTS
IN WHOLE DOLLAR
AMOUNTS—The Secretary shall round any payments
under this title to the nearest whole dollar amount.
‘‘(b) OTHER AGENCIES.—Each Federal agency ad-
ministering Federal property on which children reside, and
each agency principally responsible for an activity that
may occasion assistance under this title, shall, to the maxi-
mum extent practicable, comply with requests of the Sec-
retary for information the Secretary may need to carry
out this title.
‘‘ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW
‘‘SEC. 8011. (a) ADMINISTRATIVE HEARINGS.—Any
local educational agency and any State that is adversely
affected by any action of the Secretary under this title
shall be entitled to a hearing on such action in the same
357
manner as if such agency were a person under chapter
5 of title 5, United States Code.
‘‘(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—
(1) Any local educational agency or any State aggrieved
by the Secretary’s final decision following an agency pro-
ceeding under subsection (a) may, within 60 days after
receiving notice of such decision, file with the United
States court of appeals for the circuit in which such agen-
cy or State is located a petition for review of that action.
The clerk of the court shall promptly transmit a copy of
the petition to the Secretary. The Secretary shall then file
in the court the record of the proceedings on which the
Secretary’s action was based, as provided in section 2112
of title 28, United States Code.
‘‘(2) The findings of fact by the Secretary, if sup-
ported by substantial evidence, shall be conclusive, but the
court, for good cause shown, may remand the case to the
Secretary to take further evidence. The Secretary may
thereupon 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. Such new
or modified findings of fact shall likewise be conclusive if
supported by substantial evidence.
‘‘(3) The court shall have exclusive jurisdiction to af-
firm the action of the Secretary or to set it aside, in whole
358
or in part. 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.
‘‘DEFINITIONS
‘‘SEC. 8012. As used in this title, the following
terms have the following meanings:
‘‘(1) 
ARMED
FORCES.—The 
term 
‘Armed
Forces’ means the Army, Navy, Air Force, and Ma-
rine Corps.
‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The
term ‘average per-pupil expenditure’ means—
‘‘(A) the aggregate current expenditures of
all local educational agencies in the State; di-
vided by
‘‘(B) the total number of children in aver-
age daily attendance for whom such agencies
provided free public education.
‘‘(3) CONSTRUCTION.—The term ‘construction’
means—
‘‘(A) the preparation of drawings and spec-
ifications for school facilities;
‘‘(B) erecting, building, acquiring, altering,
remodeling, repairing, or extending school facili-
ties;
359
‘‘(C) inspecting and supervising the con-
struction of school facilities; and
‘‘(D) debt service for such activities.
‘‘(4) FEDERAL PROPERTY.—(A) Except as oth-
erwise described in paragraphs (B) through (E) of
this paragraph, the term ‘Federal property’ means
real property that is not subject to taxation by any
State or any political subdivision of a State due to
Federal agreement, law, or policy, and that is—
‘‘(i) owned by the United States or leased
by the United States from another entity;
‘‘(ii)(I) held in trust by the United States
for individual Indians or Indian tribes;
‘‘(II) held by individual Indians or Indian
tribes subject to restrictions on alienation im-
posed by the United States;
‘‘(III) conveyed at any time under the
Alaska Native Claims Settlement Act (Public
Law 92–203, 43 U.S.C. 1601 et seq.) to a Na-
tive individual, Native group, or Village or Re-
gional corporation;
‘‘(IV) public land owned by the United
States that is designated for the sole use and
benefit of individual Indians or Indian tribes;
360
‘‘(V) used for low-rent housing, as other-
wise described in this paragraph, that is located
on land described in clauses (I), (II), (III), (IV)
of this subparagraph or on land that met one
of those descriptions immediately before its use
for such housing; or
‘‘(iii) part of a low-rent housing project as-
sisted under the United States Housing Act of
1937; or
‘‘(iv) owned by a foreign government or by
an international organization.
‘‘(B) ‘Federal property’ includes, so long as not
subject to taxation by any State or any political sub-
division of a State, and whether or not that tax ex-
emption is due to Federal agreement, law, or pol-
icy—
‘‘(i) any school providing flight training to
members of the Air Force under contract with
the Air Force at an airport owned by a State
or political subdivision of a State; and
‘‘(ii) real property that is part of a low-
rent housing project assisted under—
‘‘(I) section 516 of the Housing Act
of 1949, 42 U.S.C. 1486 (domestic farm
labor low-rent housing); or
361
‘‘(II) part B of title III of the Eco-
nomic Opportunity Act of 1964, formerly
42 U.S.C. 2861 et seq. (migrant and other
seasonally employed farmworker low-rent
housing).
‘‘(C) ‘‘Federal property’ includes, whether or
not subject to taxation by a State or a political sub-
division of a State—
‘‘(i) any non-Federal easement, lease, li-
cense, permit, or other such interest in Federal
property as otherwise described in this para-
graph, but not including any non-Federal fee-
simple interest;
‘‘(ii) any improvement on Federal property
as otherwise described in this paragraph; and
‘‘(iii) real property that, immediately be-
fore its sale or transfer to a non-Federal party,
was owned by the United States and otherwise
qualified as Federal property described in this
paragraph, but only for one year beyond the
end of the fiscal year of such sale or transfer.
‘‘(D) Notwithstanding any other provision of
this paragraph, ‘Federal property’ does not in-
clude—
362
‘‘(i) any real property under the jurisdic-
tion of the United States Postal Service that is
used primarily for the provision of postal serv-
ices; or
‘‘(ii) pipelines and utility lines.
‘‘(E) Notwithstanding any other provision of
this paragraph, ‘Federal property’ does not include
any property on which children reside that is other-
wise described in this paragraph if—
‘‘(i) no tax revenues of the State or of any
political subdivision of the State may be ex-
pended for the free public education of children
who reside on that Federal property; or
‘‘(ii) no tax revenues of the State are allo-
cated or available for the free public education
of such children.
‘‘(5) FREE
PUBLIC
EDUCATION.—The term
‘free public education’ means education that is pro-
vided—
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge;
and
‘‘(B) as elementary or secondary edu-
cation, as determined under State law, except
that, notwithstanding State law, such term—
363
‘‘(i) includes preschool education; and
‘‘(ii) does not include any education
provided beyond grade 12.
‘‘(6) INDIAN LANDS.—The term ‘Indian lands’
means any Federal property described in paragraph
(4)(A)(ii) of this section.
‘‘(7) LOCAL CONTRIBUTION PERCENTAGE.—(A)
The term ‘local contribution percentage’ means the
percentage of current expenditures in the State de-
rived from local and intermediate sources, as re-
ported to and verified by the National Center for
Education Statistics.
‘‘(B) Notwithstanding subparagraph (A), the
local contribution percentage for Hawaii and for the
District of Columbia shall be the local contribution
percentage computed for the Nation as a whole.
‘‘(8) LOCAL EDUCATIONAL AGENCY.—(A) The
term ‘local educational agency’ means a board of
education or other legally constituted local school
authority having administrative control and direction
of free public education in a county, township, inde-
pendent school district, or other school district.
‘‘(B) ‘Local educational agency’ includes any
State agency that directly operates and maintains
facilities for providing free public education.
364
‘‘(C) ‘Local educational agency’ does not in-
clude any agency or school authority that the Sec-
retary determines, on a case-by-case basis—
‘‘(i) was constituted or reconstituted pri-
marily for the purpose of receiving assistance
under this title or under Public Law 81–874 or
increasing the amount of such assistance; or
‘‘(ii) is not constituted or reconstituted for
legitimate educational purposes.
‘‘(9) SCHOOL FACILITIES.—The term ‘school
facilities’ includes classrooms and related facilities,
and equipment, machinery, and utilities necessary or
appropriate for school purposes.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 8013. (a) BASIC PAYMENTS.—For the pur-
pose of making payments under section 8003(b), there are
authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 1995 through 1999.
‘‘(b) SUPPLEMENTAL PAYMENTS
FOR CHILDREN
WITH DISABILITIES.—For the purpose of making pay-
ments under section 8003(c), there are authorized to be
appropriated such sums as may be necessary for each of
the fiscal years 1995 through 1999.
‘‘(c) PAYMENTS FOR INCREASES IN MILITARY CHIL-
DREN.—For the purpose of making payments under sec-
tion 8006, there are authorized to be appropriated such
365
sums as may be necessary for each of the fiscal years 1995
through 1999.
‘‘(d) CONSTRUCTION.—For the purpose of making
payments under section 8007, there are authorized to be
appropriated such sums as may be necessary for each of
the fiscal years 1995 through 1999.
‘‘(e) FACILITIES MAINTENANCE.—For the purpose of
carrying out section 8008, there are authorized to be ap-
propriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
‘‘TITLE IX—GENERAL PROVISIONS
‘‘PART A—DEFINITIONS
‘‘DEFINITIONS
‘‘SEC. 9101. Except as otherwise provided, for the
purposes of this Act, the following terms have the follow-
ing meanings:
‘‘(1)(A) Except as provided otherwise by State
law or this paragraph, the term ‘average daily at-
tendance’ means—
‘‘(i) the aggregate number of days of at-
tendance of all students during a school year;
divided by
‘‘(ii) the number of days school is in ses-
sion during such school year.
366
‘‘(B) The Secretary shall permit the conversion
of average daily membership (or other similar data)
to average daily attendance for local educational
agencies in States that provide State aid to local
educational agencies on the basis of average daily
membership or such other data.
‘‘(C) If the local educational agency in which a
child resides makes a tuition or other payment for
the free public education of the child in a school lo-
cated in another school district, the Secretary shall,
for purposes of this Act—
‘‘(i) consider the child to be in attendance
at a school of the agency making such payment;
and
‘‘(ii) not consider the child to be in attend-
ance at a school of the agency receiving such
payment.
‘‘(D) If a local educational agency makes a tui-
tion payment to a private school or to a public
school of another local educational agency for a child
with disabilities, as defined in section 602(a)(1) of
the Individuals with Disabilities Education Act, the
Secretary shall, for the purposes of this Act, con-
sider such child to be in attendance at a school of
the agency making such payment.
367
‘‘(2) The term ‘average per-pupil expenditure’
means, in the case of a State or of the United
States—
‘‘(A) without regard to the source of
funds—
‘‘(i) the aggregate current expendi-
tures, during the third preceding fiscal
year (or, if satisfactory data for that year
are not available, during the most recent
preceding fiscal year for which satisfactory
data are available) of all local educational
agencies in the State or, in the case of the
United States for all States (which, for the
purpose of this paragraph, means the 50
States and the District of Columbia); plus
‘‘(ii) any direct current expenditures
by the State for operation of such agen-
cies; divided by
‘‘(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such pre-
ceding year.
‘‘(3) The term ‘child’ means any person within
the age limits for which the applicable State provides
free public education.
368
‘‘(4) The term ‘community-based organization’
means a private nonprofit organization that—
‘‘(A) is representative of a community or
significant segments of a community; and
‘‘(B) provides educational or related serv-
ices to individuals in the community.
‘‘(5) The term ‘consolidated State application’
means an application submitted by a State edu-
cational agency pursuant to section 9302 of this Act.
‘‘(6) The term ‘county’ means one of those divi-
sions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
‘‘(7) The term ‘covered program’ means each of
the programs authorized by—
‘‘(A) part A of title I of this Act (making
high-poverty schools work);
‘‘(B) part C of title I of this Act (edu-
cation of migratory children);
‘‘(C) part A of title II of this Act (profes-
sional development); and
‘‘(D) part A of title IV of this Act (safe
and drug-free schools) except section 4104.
‘‘(8) The term ‘current expenditures’ means ex-
penditures for free public education—
369
‘‘(A) including expenditures for adminis-
tration, instruction, attendance and health serv-
ices, pupil transportation services, operation
and maintenance of plant, fixed charges, and
net expenditures to cover deficits for food serv-
ices and student body activities; but
‘‘(B) not including expenditures for com-
munity services, capital outlay, and debt serv-
ice, or any expenditures made from funds re-
ceived under title I and part A of title II of this
Act.
‘‘(9) The term ‘Department’ means the Depart-
ment of Education.
‘‘(10) The term ‘elementary school’ means a
day or residential school that provides elementary
education, as determined under State law.
‘‘(11) The term ‘free public education’ means
education that is provided—
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge;
and
‘‘(B) as elementary or secondary school
education as determined under applicable State
law, except that such term does not include any
education provided beyond grade 12.
370
‘‘(12) The term ‘institution of higher education’
has the meaning given that term in section 1201(a)
of the Higher Education Act of 1965.
‘‘(13)(A) The term ‘local educational agency’
means a public board of education or other public
authority legally constituted within a State for either
administrative control or direction of, or to perform
a service function for, public elementary or second-
ary schools in a city, county, township, school dis-
trict, or other political subdivision of a State, or for
such combination of school districts or counties as
are recognized in a State as an administrative agen-
cy for its public elementary or secondary schools.
‘‘(B) The term includes any other public insti-
tution or agency having administrative control and
direction of a public elementary or secondary school.
‘‘(14) The term ‘outlying area’ means the Vir-
gin Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free As-
sociation with the Government of Palau).
‘‘(15) The term ‘parent’ includes a legal guard-
ian or other person standing in loco parentis.
‘‘(16) The terms ‘pupil-services personnel’ and
‘pupil services’ mean, respectively—
371
‘‘(A) school counselors, school social work-
ers, school psychologists, and other qualified
professional personnel involved in providing as-
sessment, diagnosis, counseling, educational,
therapeutic, and other necessary services as
part of a comprehensive program to meet stu-
dent needs; and
‘‘(B) the services provided by such individ-
uals.
‘‘(17) The term ‘secondary school’ means a day
or residential school that provides secondary edu-
cation, as determined under State law, except that
it does not include any education beyond grade 12.
‘‘(18) The term ‘Secretary’ means the Secretary
of Education.
‘‘(19) The term ‘State’ means each of the 50
States, the District of Columbia, the Commonwealth
of Puerto Rico, and each of the outlying areas.
‘‘(20) The term ‘State educational agency’
means the agency primarily responsible for the State
supervision of public elementary and secondary
schools.
‘‘APPLICABILITY OF THIS TITLE
‘‘SEC. 9102. Parts B through F of this title do not
apply to title VIII of this Act.
374
‘‘SINGLE LOCAL EDUCATIONAL AGENCY STATES
‘‘SEC. 9202. A State educational agency that also
serves as a local educational agency shall, in its applica-
tions or State plans under this Act, describe how it will
eliminate duplication in the conduct of administrative
functions.
‘‘CONSOLIDATION OF FUNDS FOR LOCAL
ADMINISTRATION
‘‘SEC. 9203. (a) GENERAL AUTHORITY.—In accord-
ance with regulations of the Secretary, a local educational
agency, with the approval of its State educational agency,
may consolidate and use for the administration of one or
more covered programs for any fiscal year not more than
the percentage, determined by its State educational agen-
cy, of the total amount available to that local educational
agency under those covered programs.
‘‘(b) STATE PROCEDURES.—Within one year from
the date of enactment of the Improving America’s Schools
Act of 1993, a State educational agency shall, in collabora-
tion with local educational agencies in the State, establish
procedures for responding to requests from local edu-
cational agencies to consolidate administrative funds
under subsection (a) and for establishing limitations on
the amount of funds under covered programs that may
be used for administration on a consolidated basis.
375
‘‘(c) CONDITIONS.—A local educational agency that
consolidates administrative funds under this section for
any fiscal year shall not use any other funds under the
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 these consolidated funds for
the administration of covered programs and for the pur-
poses described in section 9201(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.
‘‘ADMINISTRATIVE FUNDS STUDY
‘‘SEC. 9204. (a) STUDY.—(1) The Secretary may
conduct a study of the use of funds under this Act for
the administration, by State and local educational agen-
cies, of covered programs, including the percentage of
grant funds used for such purpose in covered programs.
‘‘(2) Based on the results of such study, the Sec-
retary may publish regulations or guidelines regarding the
use of funds for administration under those programs, in-
cluding the use of such funds on a consolidated basis and
376
limitations on the amount of such funds that may be used
for administration.
‘‘(b) REPORT.—The Secretary shall submit to the
President and the appropriate committees of the Congress
a report regarding the study, if any, conducted under this
section within 30 days of its completion.
‘‘CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE
INTERIOR FUNDS
‘‘SEC. 9205. (a) GENERAL AUTHORITY.—(1) 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 VI 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 allotted
to the Department of the Interior under those programs.
‘‘(2)(A) The Secretary and the Secretary of the Inte-
rior shall enter into an agreement, consistent with the re-
quirements of the programs specified in paragraph (1), for
the distribution and use of those 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 Secretary of the
Interior for the use of the amount transferred, the
steps to be taken to achieve the National Education
377
Goals, and performance measures to assess program
effectiveness, including measurable goals and objec-
tives; and
‘‘(ii) be developed in consultation with Indian
tribes.
‘‘(b) ADMINISTRATION.—The Department of the In-
terior may use up to 1.5 percent of the funds consolidated
under this section for its costs related to the administra-
tion of the funds transferred under this section.
‘‘SCHOOLWIDE PROGRAMS
‘‘SEC. 9206. In accordance with section 1114 of this
Act, a school may use funds received under any non-
competitive, formula-grant program administered by the
Secretary, except a program under the Individuals with
Disabilities Education Act, and any discretionary program
contained on a list (updated as necessary) issued by the
Secretary, to support a schoolwide program, notwithstand-
ing any provision of the statute or regulations governing
any such program.
‘‘AVAILABILITY OF UNNEEDED PROGRAM FUNDS
‘‘SEC. 9207. With the approval of its State edu-
cational agency, a local educational agency that deter-
mines for any fiscal year that funds under a covered
program other than part A of title I of this Act are not
needed for the purpose of that covered program may use
such funds, not to exceed five percent of the total amount
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of its funds under that covered program, for the purpose
of another covered program.
‘‘PART C—COORDINATION OF PROGRAMS;
CONSOLIDATED STATE AND LOCAL APPLICATIONS
‘‘PURPOSE
‘‘SEC. 9301. It is the purpose of this part to improve
teaching and learning by encouraging greater cross-pro-
gram coordination, planning, and service delivery under
this Act and enhanced integration of programs under this
Act with educational activities carried out with State and
local funds.
‘‘OPTIONAL CONSOLIDATED STATE APPLICATION
‘‘SEC. 9302. (a) GENERAL AUTHORITY.—(1) In
order to simplify application requirements and reduce bur-
den for State educational agencies under this Act, the Sec-
retary shall, in accordance with subsection (b), establish
procedures and criteria under which a State educational
agency may submit a consolidated State application meet-
ing the requirements of this section for each of the covered
programs in which the State participates.
‘‘(2) A State educational agency may also include in
its consolidated application—
‘‘(A) the Even Start program under part B of
title I of this Act;
‘‘(B) the education of neglected and delinquent
youth program under part D of title I of this Act;
379
‘‘(C) part A of title II of the Carl D. Perkins
Vocational and Applied Technology Education Act;
and
‘‘(D) such other programs as the Secretary may
designate.
‘‘(3) A State educational agency that submits a con-
solidated State application under this section shall not be
required to submit separate State plans or applications
under any of the programs to which its consolidated appli-
cation under this section applies.
‘‘(b) COLLABORATION.—(1) In establishing criteria
and procedures under this section, the Secretary shall col-
laborate with State educational agencies and, as appro-
priate, with other State agencies, local educational
agencies, public and private nonprofit agencies, organiza-
tions, and institutions, private schools, and representatives
of parents, students, and teachers.
‘‘(2) Through the collaboration process described in
subsection (b), the Secretary shall establish, for each pro-
gram under the Act to which this section applies, the de-
scriptions, information, assurances, and other material
required to be included in a consolidated State application.
‘‘GENERAL APPLICABILITY OF STATE EDUCATIONAL
AGENCY ASSURANCES
‘‘SEC. 9303. (a) ASSURANCES.—A State educational
agency that submits a State plan or application under this
380
Act, whether separately or under section 9302, shall have
on file with the Secretary a single set of assurances, appli-
cable 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, in a
nonprofit private agency, institution, or organiza-
tion, or in an Indian tribe if the statute 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 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;
382
portunity for public comment on the application and
has considered such comment.
‘‘(b) GEPA PROVISION.—Section 435 of the General
Education Provisions Act does not apply to programs
under this Act.
‘‘CONSOLIDATED LOCAL APPLICATIONS
‘‘SEC. 9304. (a) GENERAL AUTHORITY.—A local
educational agency receiving funds under more than one
covered program may submit applications to the State
educational agency under such programs on a consolidated
basis.
‘‘(b) REQUIRED CONSOLIDATED APPLICATIONS.—A
State educational agency that has submitted and had ap-
proved a consolidated State application under section
9302 may require local educational agencies in the State
receiving funds under more than one program included in
the consolidated State application to submit consolidated
local 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 applications under this section.
‘‘OTHER GENERAL ASSURANCES
‘‘SEC. 9305. (a) ASSURANCES.—Any applicant other
than a State educational agency that submits an applica-
tion under this Act, whether separately or pursuant to sec-
383
tion 9304, shall have on file with the State educational
agency a single set of assurances, applicable to each pro-
gram for which an 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
a nonprofit private agency, institution, organization,
or Indian tribe, if the statute authorizing the pro-
gram 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, in-
cluding—
‘‘(A) the enforcement of any obligations
imposed by law on agencies, institutions, orga-
nizations, and other recipients responsible for
carrying out each program; and
384
‘‘(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 or 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
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-
385
lic comment on the application and has considered
such comment.
‘‘(b) GEPA PROVISION.—Section 436 of the General
Education Provisions Act does not apply to programs
under this Act.
‘‘PART D—WAIVERS
‘‘WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS
‘‘SEC. 9401. (a) GENERAL.—Except as provided
insubsection (c), the Secretary may waive any requirement
of this Act or of the General Education Provisions Act,
or of the regulations issued under such Acts, for a State
educational agency, Indian tribe, or other agency, organi-
zation, or institution that receives funds under a program
authorized by this Act from the Department and that re-
quests such a waiver if—
‘‘(1) the Secretary determines that such re-
quirement impedes the ability of the State edu-
cational agency or other recipient to achieve more ef-
fectively the purposes of this Act; and
‘‘(2) in the case of a waiver proposal submitted
by a State educational agency, the State educational
agency—
‘‘(A) provides all interested local edu-
cational agencies in the State with notice and