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serving the youngest and neediest children in the United
States.’’.
(c) AUTHORIZATION.—Section 1251(b) (as so redes-
ignated) is amended by striking ‘‘books to students, that
motivate children to read.’’ and inserting ‘‘books to young
and school-aged children that motivate them to read.’’.
(d) REQUIREMENTS OF CONTRACT.—Section 1251(c)
(as so redesignated) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘subsection (a)’’ and inserting ‘‘subsection
(b)’’; and
(2) in paragraph (4), by inserting ‘‘training
and’’ before ‘‘technical’’.
(e) SPECIAL RULES
FOR CERTAIN SUBCONTRAC-
TORS; MULTI-YEAR CONTRACTS.—Section 1251 (as so re-
designated) is amended by inserting after subsection (d)
the following:
‘‘(e) SPECIAL RULES FOR CERTAIN SUBCONTRAC-
TORS.—
‘‘(1) 
FUNDS
FROM
OTHER
FEDERAL
SOURCES.—Subcontractors 
operating 
programs
under this section in low-income communities with a
substantial number or percentage of children with
special needs, as described in subsection (c)(3), may
use funds from other Federal sources to pay the
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non-Federal share of the cost of the program, if
those funds do not comprise more than 50 percent
of the non-Federal share of the funds used for the
cost of acquiring and distributing books.
‘‘(2) WAIVER
AUTHORITY.—Notwithstanding
subsection (c), the contractor may waive, in whole or
in part, the requirement in subsection (c)(1) for a
subcontractor, if the subcontractor demonstrates
that it would otherwise not be able to participate in
the program, and enters into an agreement with the
contractor with respect to the amount of the non-
Federal share to which the waiver will apply. In a
case in which such a waiver is granted, the require-
ment in subsection (c)(2) shall not apply.
‘‘(f) MULTI-YEAR CONTRACTS.—The contractor may
enter into a multi-year subcontract under this section, if—
‘‘(1) the contractor believes that such sub-
contract will provide the subcontractor with addi-
tional leverage in seeking local commitments; and
‘‘(2) the subcontract does not undermine the fi-
nances of the national program.’’.
(f) CONTINUATION
OF AWARDS.—Notwithstanding
any other provision of this Act, any person or agency that
was awarded a contract under part E of title X (20 U.S.C.
8131) prior to the date of the enactment of this Act shall
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continue to receive funds in accordance with the terms of
such contract until the date on which the contract period
terminates under such terms.
PART C—EDUCATION OF MIGRATORY CHILDREN
SEC. 121. STATE ALLOCATIONS.
Section 1303 (20 U.S.C. 6393) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) STATE ALLOCATIONS.—
‘‘(1) FISCAL YEAR 2002.—For fiscal year 2002,
each State (other than the Commonwealth of Puerto
Rico) is entitled to receive under this part an
amount equal to—
‘‘(A) the sum of the estimated number of
migratory children aged three through 21 who
reside in the State full time and the full-time
equivalent of the estimated number of migra-
tory children aged three through 21 who reside
in the State part time, as determined in accord-
ance with subsection (d); multiplied by
‘‘(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this paragraph shall
not be less than 32 percent, nor more than 48
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percent, of the average expenditure per pupil in
the United States.
‘‘(2) SUBSEQUENT YEARS.—
‘‘(A) BASE AMOUNT.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in subsection (b) and clause (ii), each
State (other than the Commonwealth of
Puerto Rico) is entitled to receive under
this part, for fiscal year 2003 and suc-
ceeding fiscal years, an amount equal to—
‘‘(I) the amount that such State
received under this part for fiscal year
2002; plus
‘‘(II) the amount allocated to the
State under subparagraph (B).
‘‘(ii) NONPARTICIPATING STATES.—In
the case of a State (other than the Com-
monwealth of Puerto Rico) that did not re-
ceive any funds for fiscal year 2002 under
this part, the State shall receive, for fiscal
year 2003 and succeeding fiscal years, an
amount equal to—
‘‘(I) the amount that such State
would have received under this part
for fiscal year 2002 if its application
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under section 1304 for the year had
been approved; plus
‘‘(II) the amount allocated to the
State under subparagraph (B).
‘‘(B) 
ALLOCATION
OF
ADDITIONAL
AMOUNT.—For fiscal year 2003 and succeeding
fiscal years, the amount (if any) by which the
funds appropriated to carry out this part for
the year exceed such funds for fiscal year 2002
shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the
State receives an amount equal to—
‘‘(i) the sum of—
‘‘(I) the number of identified eli-
gible migratory children, aged 3
through 21, residing in the State dur-
ing the previous year; and
‘‘(II) the number of identified eli-
gible migratory children, aged 3
through 21, who received services
under this part in summer or interses-
sion programs provided by the State
during such year; multiplied by
‘‘(ii) 40 percent of the average per-
pupil expenditure in the State, except that
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the amount determined under this clause
may not be less than 32 percent, or more
than 48 percent, of the average per-pupil
expenditure in the United States.’’;
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) ALLOCATION TO PUERTO RICO.—
‘‘(1) IN GENERAL.—For each fiscal year, the
grant which the Commonwealth of Puerto Rico shall
be eligible to receive under this part shall be the
amount determined by multiplying the number of
children counted under subsection (a)(1)(A) for the
Commonwealth of Puerto Rico by the product of—
‘‘(A) the percentage which the average per
pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
‘‘(B) 32 percent of the average per pupil
expenditure in the United States.
‘‘(2) MINIMUM PERCENTAGE.—The percentage
in paragraph (1)(A) shall not be less than—
‘‘(A) for fiscal year 2002, 77.5 percent;
‘‘(B) for fiscal year 2003, 80.0 percent;
‘‘(C) for fiscal year 2004, 82.5 percent;
and
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‘‘(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
‘‘(3) LIMITATION.—If the application of para-
graph (2) would result in any of the 50 States or
the District of Columbia receiving less under this
part than it received under this part for the pre-
ceding fiscal year, the percentage in paragraph (1)
shall be the greater of the percentage in paragraph
(1)(A) or the percentage used for the preceding fis-
cal year.’’; and
(3) by striking subsection (d) and redesignating
subsection (e) as subsection (d).
SEC. 122. STATE APPLICATIONS; SERVICES.
(a) PROGRAM INFORMATION.—Section 1304(b) (20
U.S.C. 6394(b)) is amended—
(1) in paragraph (1), by striking ‘‘addressed
through’’ and all that follows through the semicolon
at the end and inserting the following:
‘‘addressed through—
‘‘(A) the full range of services that are
available for migratory children from appro-
priate local, State, and Federal educational pro-
grams;
‘‘(B) joint planning among local, State,
and Federal educational programs serving mi-
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grant children, including programs under part
A of title III;
‘‘(C) the integration of services available
under this part with services provided by those
other programs; and
‘‘(D) measurable program goals and out-
comes;’’; and
(2) in paragraph (5), by striking ‘‘the require-
ments of paragraph (1);’’ and inserting ‘‘the num-
bers and needs of migratory children, the require-
ments of subsection (d), and the availability of funds
from other Federal, State, and local programs;’’.
(b) ASSURANCES.—Section 1304(c) (20 U.S.C.
6394(c)) is amended—
(1) in paragraph (1), by striking ‘‘1306(b)(1);’’
and inserting ‘‘1306(a);’’;
(2) in paragraph (2), by striking ‘‘part F;’’ and
inserting ‘‘part H;’’
(3) in paragraph (3)—
(A) by striking ‘‘appropriate’’;
(B) by striking ‘‘out, to the extent fea-
sible,’’ and inserting ‘‘out’’; and
(C) by striking ‘‘1118;’’ and inserting
‘‘1118, 
unless 
extraordinary 
circumstances
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make implementation consistent with such sec-
tion impractical;’’; and
(4) in paragraph (7), by striking ‘‘section
1303(e)’’ and inserting ‘‘paragraphs (1)(A) and
(2)(B)(i) of section 1303(a)’’.
SEC. 123. AUTHORIZED ACTIVITIES.
Section 1306 (20 U.S.C. 6396) is amended to read
as follows:
‘‘SEC. 1306. AUTHORIZED ACTIVITIES.
‘‘(a) IN GENERAL.—
‘‘(1) FLEXIBILITY.—Each State educational
agency, through its local educational agencies, shall
have the flexibility to determine the activities to be
provided with funds made available under this part,
except that such funds shall first be used to meet
the identified needs of migratory children that result
from their migratory lifestyle, and to permit these
children to participate effectively in school.
‘‘(2) UNADDRESSED NEEDS.—Funds provided
under this part shall be used to address the needs
of migratory children that are not addressed by serv-
ices available from other Federal or non-Federal
programs, except that migratory children who are el-
igible to receive services under part A of this title
may receive those services through funds provided
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under that part, or through funds under this part
that remain after the agency addresses the needs de-
scribed in paragraph (1).
‘‘(b) CONSTRUCTION.—Nothing in this part shall be
construed to prohibit a local educational agency from serv-
ing migratory children simultaneously with students with
similar educational needs in the same educational settings,
where appropriate.
‘‘(c) SPECIAL RULE.—Notwithstanding section 1114,
a school that receives funds under this part shall continue
to address the identified needs described in subsection
(a)(1).’’.
SEC. 124. COORDINATION OF MIGRANT EDUCATION ACTIVI-
TIES.
(a) DURATION.—Section 1308(a)(2) (20 U.S.C.
6398(a)(2)) is amended by striking ‘‘subpart’’ and insert-
ing ‘‘subsection’’.
(b) STUDENT
RECORDS.—Section 1308(b) (20
U.S.C. 6398(b)) is amended to read as follows:
‘‘(b) STUDENT RECORDS.—
‘‘(1) ASSISTANCE.—The Secretary shall assist
States in developing effective methods for the trans-
fer of student records and in determining the num-
ber of migratory children in each State. The Sec-
retary, in consultation with the States, shall deter-
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mine the minimum data elements that each State re-
ceiving funds under this part shall collect and main-
tain. The Secretary shall assist States to implement
a system of linking their student record transfer sys-
tems for the purpose of electronic records mainte-
nance and transfer for migrant students.
‘‘(2) NO COST FOR CERTAIN TRANSFERS.—A
State educational agency or local educational agency
receiving assistance under this part shall make stu-
dent records available to another State or local edu-
cational agency that requests the records at no cost
to the requesting agency, if the request is made in
order to meet the needs of a migratory child.’’.
(c) AVAILABILITY OF FUNDS.—Section 1308(c) (20
U.S.C. 6398(c)) is amended by striking ‘‘$6,000,000’’ and
inserting ‘‘$10,000,000’’.
(d) INCENTIVE
GRANTS.—Section 1308(d) (20
U.S.C. 6398(d)) is amended to read as follows:
‘‘(d) INCENTIVE GRANTS.—From the amounts made
available to carry out this section for any fiscal year, the
Secretary may reserve not more than $3,000,000 to award
grants of not more than $250,000 on a competitive basis
to State educational agencies that propose a consortium
arrangement with another State or other appropriate enti-
ty that the Secretary determines, pursuant to criteria that
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the Secretary shall establish, will improve the delivery of
services to migratory children whose education is inter-
rupted.’’.
PART D—NEGLECTED OR DELINQUENT YOUTH
SEC. 131. NEGLECTED OR DELINQUENT YOUTH.
The heading for part D of title I is amended to read
as follows:
‘‘PART 
D—PREVENTION 
AND 
INTERVENTION
PROGRAMS FOR NEGLECTED OR DELIN-
QUENT CHILDREN AND YOUTH’’.
SEC. 132. FINDINGS.
Section 1401(a) (20 U.S.C. 6421(a)) is amended by
striking paragraphs (6) through (9) and inserting the fol-
lowing:
‘‘(6) Youth returning from correctional facilities
need to be involved in programs that provide them
with high-level skills and other support to help them
stay in school and complete their education.
‘‘(7) Pregnant and parenting teenagers are a
high-at-risk group for dropping out of school and
should be targeted by dropout prevention pro-
grams.’’.
SEC. 133. ALLOCATION OF FUNDS.
Section 1412(b) (20 U.S.C. 6432(b)) is amended to
read as follows:
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‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO
RICO.—
‘‘(1) IN GENERAL.—For each fiscal year, the
amount of the subgrant which a State agency in the
Commonwealth of Puerto Rico shall be eligible to re-
ceive under this part shall be the amount determined
by multiplying the number of children counted under
subparagraph (a)(1)(A) for the Commonwealth of
Puerto Rico by the product of—
‘‘(A) the percentage which the average per-
pupil expenditure in the Commonwealth of
Puerto Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and
‘‘(B) 32 percent of the average per-pupil
expenditure in the United States.
‘‘(2) MINIMUM PERCENTAGE.—The percentage
in paragraph (1)(A) shall not be less than—
‘‘(A) for fiscal year 2002, 77.5 percent;
‘‘(B) for fiscal year 2003, 80.0 percent;
‘‘(C) for fiscal year 2004, 82.5 percent;
and
‘‘(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
‘‘(3) LIMITATION.—If the application of para-
graph (2) would result in any of the 50 States or
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the District of Columbia receiving less under this
part than it received under this part for the pre-
ceding fiscal year, the percentage in paragraph (1)
shall be the greater of the percentage in paragraph
(1)(A) or the percentage used for the preceding fis-
cal year.’’.
SEC. 134. STATE PLAN AND STATE AGENCY APPLICATIONS.
Section 1414 (20 U.S.C. 6434) is amended to read
as follows:
‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICA-
TIONS.
‘‘(a) STATE PLAN.—
‘‘(1) IN
GENERAL.—Each State educational
agency that desires to receive a grant under this
part shall submit, for approval by the Secretary, a
plan for meeting the educational needs of neglected
and delinquent youth, for assisting in their transi-
tion from institutions to locally operated programs,
and which is integrated with other programs under
this Act or other Acts, as appropriate, consistent
with section 8306.
‘‘(2) CONTENTS.—Each such State plan shall—
‘‘(A) describe the program goals, objec-
tives, and performance measures established by
the State that will be used to assess the effec-
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tiveness of the program in improving academic
and vocational and technical skills of children in
the program;
‘‘(B) provide that, to the extent feasible,
such children will have the same opportunities
to learn as such children would have if such
children were in the schools of local educational
agencies in the State; and
‘‘(C) contain assurances that the State
educational agency will—
‘‘(i) ensure that programs assisted
under this part will be carried out in ac-
cordance with the State plan described in
this subsection;
‘‘(ii) carry out the evaluation require-
ments of section 1416;
‘‘(iii) ensure that the State agencies
receiving subgrants under this subpart
comply with all applicable statutory and
regulatory requirements; and
‘‘(iv) provide such other information
as the Secretary may reasonably require.
‘‘(3) DURATION
OF
THE
PLAN.—Each such
State plan shall—
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‘‘(A) remain in effect for the duration of
the State’s participation under this part; and
‘‘(B) be periodically reviewed and revised
by the State, as necessary, to reflect changes in
the State’s strategies and programs under this
part.
‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.—
‘‘(1) SECRETARIAL APPROVAL.—The Secretary
shall approve each State plan that meets the re-
quirements of this part.
‘‘(2) PEER REVIEW.—The Secretary may review
any State plan with the assistance and advice of in-
dividuals with relevant expertise.
‘‘(c) STATE AGENCY APPLICATIONS.—Any State
agency that desires to receive funds to carry out a pro-
gram under this part shall submit an application to the
State educational agency that—
‘‘(1) describes the procedures to be used, con-
sistent with the State plan under section 1111, to
assess the educational needs of the children to be
served;
‘‘(2) provides assurances that in making serv-
ices available to youth in adult correctional facilities,
priority will be given to such youth who are likely to
complete incarceration within a 2-year period;
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‘‘(3) describes the program, including a budget
for the first year of the program, with annual up-
dates to be provided to the State educational agency;
‘‘(4) describes how the program will meet the
goals and objectives of the State plan under this
subpart;
‘‘(5) describes how the State agency will consult
with experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1416 are of high quality;
‘‘(6) describes how the agency will carry out the
evaluation requirements of section 8651 and how the
results of the most recent evaluation are used to
plan and improve the program;
‘‘(7) includes data showing that the agency has
maintained fiscal effort required of a local edu-
cational agency, in accordance with section 8501;
‘‘(8) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, such as job training programs, vocational
and technical education programs, State and local
dropout prevention programs, and special education
programs;
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‘‘(9) describes how States will encourage correc-
tional facilities receiving funds under this subpart to
coordinate with local educational agencies or alter-
native education programs attended by incarcerated
youth prior to their incarceration to ensure that stu-
dent assessments and appropriate academic records
are shared jointly between the correctional facility
and the local educational agency or alternative edu-
cation program;
‘‘(10) describes how appropriate professional
development will be provided to teachers and other
staff;
‘‘(11) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children and youth from the institution
to locally operated programs;
‘‘(12) describes how the agency will endeavor to
coordinate with businesses for training and men-
toring for participating youth;
‘‘(13) provides assurances that the agency will
assist in locating alternative programs through
which students can continue their education if stu-
dents are not returning to school after leaving the
correctional facility;
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children with disabilities and other students with
special needs, taking into consideration the unique
needs of such students;
‘‘(18) describes any additional services to be
provided to youth, such as career counseling, dis-
tance learning, and assistance in securing student
loans and grants; and
‘‘(19) provides assurances that the program
under this subpart will be coordinated with any pro-
grams operated under the Juvenile Justice and De-
linquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) or other comparable programs, if applica-
ble.’’.
SEC. 135. USE OF FUNDS.
Section 1415(a) (20 U.S.C. 6435(a)) is amended—
(1) in paragraph (1)(B), by inserting ‘‘, voca-
tional and technical training’’ after ‘‘secondary
school completion’’;
(2) in paragraph (2)(B)—
(A) in clause (i), by inserting ‘‘and’’ after
the semicolon;
(B) in clause (ii), by striking ‘‘; and’’ and
inserting a semicolon; and
(C) by striking clause (iii);
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(3) in paragraph (2)(C), by striking ‘‘part F of
this title’’ and inserting ‘‘part H’’; and
(4) in paragraph (2)(D), by striking ‘‘section
14701’’ and inserting ‘‘section 8651’’.
SEC. 136. TRANSITION SERVICES.
Section 1418(a) (20 U.S.C. 6438(a)) is amended by
striking ‘‘10 percent’’ and inserting ‘‘15 percent’’.
SEC. 137. PURPOSE.
Section 1421(3) (20 U.S.C. 6451(3)) is amended to
read as follows:
‘‘(3) operate programs in local schools for youth
returning from correctional facilities and programs
which may also serve youth at risk of dropping out
of school.’’.
SEC. 138. PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES.
Section 1422 (20 U.S.C. 6452) is amended—
(1) in subsection (a), by striking ‘‘retained’’;
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) SPECIAL RULE.—A local educational agency
which includes a correctional facility that operates a school
is not required to operate a program of support for chil-
dren returning from such school to a school not operated
by a correctional agency but served by such local edu-
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cational agency if more than 30 percent of the youth at-
tending the school operated by the correctional facility will
reside outside the boundaries of the local educational
agency after leaving such facility.’’; and
(3) by adding at the end the following:
‘‘(d) TRANSITIONAL
AND ACADEMIC SERVICES.—
Transitional and supportive programs operated in local
educational agencies under this subpart shall be designed
primarily to meet the transitional and academic needs of
students returning to local educational agencies or alter-
native education programs from correctional facilities.
Services to students at risk of dropping out of school shall
not have a negative impact on meeting the transitional and
academic needs of the students returning from correc-
tional facilities.’’.
SEC. 139. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Section 1423 (20 U.S.C. 6453) is amended by strik-
ing paragraphs (4) through (9) and inserting the fol-
lowing:
‘‘(4) a description of the program operated by
participating schools for children returning from cor-
rectional facilities and the types of services that such
schools will provide such youth and other at-risk
youth;
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‘‘(5) a description of the characteristics (includ-
ing learning difficulties, substance abuse problems,
and other special needs) of the youth who will be re-
turning from correctional facilities and, as appro-
priate, other at-risk youth expected to be served by
the program and how the school will coordinate ex-
isting educational programs to meet the unique edu-
cational needs of such youth;
‘‘(6) as appropriate, a description of how
schools will coordinate with existing social, health,
and other services to meet the needs of students re-
turning from correctional facilities, students at risk
of dropping out of school, and other participating
students, including prenatal health care and nutri-
tion services related to the health of the parent and
child, parenting and child development classes, child
care, targeted reentry and outreach programs, refer-
rals to community resources, and scheduling flexi-
bility;
‘‘(7) as appropriate, a description of any part-
nerships with local businesses to develop training,
curriculum-based youth entrepreneurship education,
and mentoring services for participating students;
‘‘(8) as appropriate, a description of how pro-
grams will involve parents in efforts to improve the
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educational achievement of their children, prevent
the involvement of their children in delinquent activi-
ties, and encourage their children to remain in
school and complete their education;
‘‘(9) a description of how the program under
this subpart will be coordinated with other Federal,
State, and local programs, such as job training pro-
grams and vocational and technical education pro-
grams serving this at-risk population of youth;’’.
SEC. 140. USES OF FUNDS.
Section 1424 (20 U.S.C. 6454) is amended by strik-
ing paragraphs (1) through (3) and inserting the fol-
lowing:
‘‘(1) programs that serve youth returning from
correctional facilities to local schools, to assist in the
transition of such youth to the school environment
and help them remain in school in order to complete
their education;
‘‘(2) providing assistance to other youth at risk
of dropping out of school, including pregnant and
parenting teenagers;
‘‘(3) the coordination of social, health, and
other services, including day care, for participating
youth, if the provision of such services will improve
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the likelihood that such youth will complete their
education;
‘‘(4) special programs to meet the unique aca-
demic needs of participating youth, including voca-
tional and technical education, special education, ca-
reer counseling, curriculum-based youth entrepre-
neurship education, and assistance in securing stu-
dent loans or grants for postsecondary education;
and
‘‘(5) programs providing mentoring and peer
mediation.’’.
SEC. 141. PROGRAM REQUIREMENTS.
Section 1425 (20 U.S.C. 6455) is amended—
(1) in the section heading, by striking ‘‘THIS
SECTION’’ and inserting ‘‘this subpart’’;
(2) in the matter preceding paragraph (1), by
striking ‘‘this section’’ and inserting ‘‘this subpart’’;
(3) in paragraph (1), by striking ‘‘where fea-
sible, ensure educational programs’’ and inserting
‘‘to the extent practicable, ensure that educational
programs’’;
(4) in paragraphs (3) and (8), by striking
‘‘where feasible,’’ and inserting ‘‘to the extent prac-
ticable,’’;
(5) in paragraph (9)—
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(A) by striking ‘‘this program’’ and insert-
ing ‘‘this subpart’’;
(B) by inserting ‘‘and technical’’ after ‘‘vo-
cational’’; and
(C) by striking ‘‘title I of the Workforce
Investment Act of 1998’’ and inserting ‘‘other
job training programs’’;
(6) in paragraph (10), by inserting ‘‘(42 U.S.C.
5601 et seq.)’’ after ‘‘Juvenile Justice and Delin-
quency Prevention Act of 1974’’; and
(7) by amending paragraph (11) to read as fol-
lows:
‘‘(11) if appropriate, work with local businesses
to develop training, curriculum-based youth entre-
preneurship education, and mentoring programs for
youth.’’.
SEC. 142. PROGRAM EVALUATIONS.
Section 1431(a) (20 U.S.C. 6471(a)) is amended by
striking ‘‘sex, and if feasible,’’ and inserting ‘‘gender,’’.
PART E—FEDERAL EVALUATIONS AND
DEMONSTRATIONS
SEC. 151. EVALUATIONS.
Section 1501 (20 U.S.C. 6491) is amended to read
as follows:
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‘‘SEC. 1501. EVALUATIONS.
‘‘(a) NATIONAL ASSESSMENT.—
‘‘(1) IN
GENERAL.—In accordance with this
section, the Secretary shall conduct a national as-
sessment of programs assisted under this title.
‘‘(2) ISSUES TO BE EXAMINED.—In conducting
the assessment under this subsection, the Secretary
shall examine—
‘‘(A) the implementation of programs as-
sisted under this title and the impact of such
implementation on increasing student academic
achievement, particularly schools with high con-
centrations of children living in poverty;
‘‘(B) the implementation of State stand-
ards, assessments, and accountability systems
developed under this title and the impact of
such implementation on educational programs
and instruction at the local level;
‘‘(C) the impact of schoolwide programs
and targeted assistance programs under this
title on improving student academic achieve-
ment;
‘‘(D) the extent to which varying models of
comprehensive school reform are funded under
this title, and the effect of the implementation
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of such models on improving achievement of
disadvantaged students;
‘‘(E) the costs as compared to the benefits
of the activities assisted under this title;
‘‘(F) the impact of school choice options
under section 1116 on the academic achieve-
ment of disadvantaged students, on schools in
school improvement, and on schools from which
students have transferred under such options;
‘‘(G) the extent to which actions author-
ized under section 1116 of this title are em-
ployed by State and local educational agencies
to improve the academic achievement of stu-
dents in low-performing schools, and the effec-
tiveness of the implementation of such actions;
‘‘(H) the extent to which technical assist-
ance made available under this title is used to
improve the achievement of students in low-per-
forming schools, and the impact of such assist-
ance on such achievement;
‘‘(I) the extent to which State and local
fiscal accounting requirements under this title
limit the flexibility of schoolwide programs;
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‘‘(J) the impact of the professional devel-
opment activities assisted under this title on in-
struction and student performance;
‘‘(K) the extent to which the assistance
made available under this title is targeted to
disadvantaged students and schools that need
them the most;
‘‘(L) the effectiveness of Federal adminis-
tration assistance made available under this
title, including monitoring and technical assist-
ance; and
‘‘(M) such other issues as the Secretary
considers appropriate.
‘‘(3) SOURCES
OF
INFORMATION.—In con-
ducting the assessment under this subsection, the
Secretary shall use information from a variety of
sources, including the National Assessment of Edu-
cational Progress (carried out under section 411 of
the National Education Statistics Act of 1994 (20
U.S.C. 9010)), state evaluations, and other research
studies.
‘‘(4) COORDINATION.—In carrying out this sub-
section, the Secretary shall—
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‘‘(A) coordinate conducting the national
assessment with conducting the longitudinal
study described in subsection (c); and
‘‘(B) ensure that the independent review
panel described in subsection (d) participates in
conducting the national assessment, including
planning for and reviewing the assessment.
‘‘(5) REPORTS.—
‘‘(A) INTERIM REPORT.—Not later than 3
years after the date of enactment of the Leave
No Child Behind Act of 2001, the Secretary
shall transmit to the President and the Con-
gress an interim report on the national assess-
ment conducted under this subsection.
‘‘(B) FINAL REPORT.—Not later than 4
years after the date of enactment of the Leave
No Child Behind Act of 2001, the Secretary
shall transmit to the President and the Con-
gress a final report on the national assessment
conducted under this subsection.
‘‘(b) STUDIES AND DATA COLLECTION.—
‘‘(1) IN GENERAL.—In addition to other activi-
ties described in this section, the Secretary may, di-
rectly or through the making of grants to or con-
tracts with appropriate entities—
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‘‘(A) conduct studies and evaluations of
the need for, and effectiveness of, each program
authorized under this title;
‘‘(B) collect the data necessary to comply
with the Government Performance and Results
Act of 1993; and
‘‘(C) provide guidance and technical assist-
ance to State educational agencies and local
educational agencies in developing and main-
taining 
management 
information 
systems
through which such agencies can develop pro-
gram performance indicators in order to im-
prove services and performance.
‘‘(2) MINIMUM INFORMATION.—Under this sub-
section, the Secretary shall collect, at a minimum,
trend information on the effect of each program au-
thorized under this title, which shall complement the
data collected and reported under subsections (a)
and (c).
‘‘(c) NATIONAL LONGITUDINAL STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall con-
duct a longitudinal study of schools receiving assist-
ance under this title.
‘‘(2) ISSUES
TO
BE
EXAMINED.—In carrying
out this subsection, the Secretary shall ensure that
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the study referred to in paragraph (1) provides the
Congress and educators with each of the following:
‘‘(A) An accurate description and analysis
of short-term and long-term effectiveness of the
assistance made available under this title upon
academic performance.
‘‘(B) Information that can be used to im-
prove the effectiveness of the assistance made
available under this title in enabling students to
meet challenging achievement standards.
‘‘(C) An analysis of educational practices
or model programs that are effective in improv-
ing the achievement of disadvantaged children.
‘‘(D) An analysis of the costs as compared
to the benefits of the assistance made available
under this title in improving the achievement of
disadvantaged children.
‘‘(E) An analysis of the effects of the avail-
ability of school choice options under section
1116 on the academic achievement of disadvan-
taged students, on schools in school improve-
ment, and on schools from which students have
transferred under such options.
‘‘(F) Such other information as the Sec-
retary considers appropriate.
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‘‘(3) SCOPE.—In conducting the study referred
to in paragraph (1), the Secretary shall ensure that
the study—
‘‘(A) bases its analysis on a nationally rep-
resentative sample of schools participating in
programs under this part;
‘‘(B) to the extent practicable, includes in
its analysis students who transfer to different
schools during the course of the study; and
‘‘(C) analyzes varying models or strategies
for delivering school services, including—
‘‘(i) schoolwide and targeted services;
and
‘‘(ii) comprehensive school reform
models.
‘‘(d) INDEPENDENT REVIEW PANEL.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish an independent review panel (in this subsection
referred to as the ‘Review Panel’) to advise the Sec-
retary on methodological and other issues that arise
in carrying out subsections (a) and (c).
‘‘(2) APPOINTMENT OF MEMBERS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall appoint members
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of the Review Panel from among qualified indi-
viduals who are—
‘‘(i) specialists in statistics, evalua-
tion, research, and assessment;
‘‘(ii) education practitioners, including
teachers, principals, and local and State
superintendents; and
‘‘(iii) other individuals with technical
expertise who would contribute to the over-
all rigor and quality of the program eval-
uation.
‘‘(B) LIMITATIONS.—In appointing mem-
bers of the Review Panel under this subpara-
graph (A), the Secretary shall ensure that—
‘‘(i) in order to ensure diversity, a
majority of the number of individuals ap-
pointed under subparagraph (A)(i) rep-
resent disciplines or programs outside the
field of education; and
‘‘(ii) the total number of the individ-
uals appointed under subparagraph (A)(ii)
or (A)(iii) does not exceed 1⁄3 of the total
number of the individuals appointed under
this paragraph.
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‘‘(3) FUNCTIONS.—The Review Panel shall con-
sult with and advise the Secretary—
‘‘(A) to ensure that the assessment con-
ducted under subsection (a) and the study con-
ducted under subsection (c)—
‘‘(i) adhere to the highest possible
standards of quality with respect to re-
search design, statistical analysis, and the
dissemination of findings; and
‘‘(ii) use valid and reliable measures
to document program implementation and
impacts; and
‘‘(B) to ensure—
‘‘(i) that the final report described in
subsection (a)(5)(B) is reviewed not later
than 120 days after its completion by not
less than two independent experts in pro-
gram evaluation;
‘‘(ii) that such experts evaluate and
comment on the degree to which the report
complies with subsection (a); and
‘‘(iii) that the comments of such ex-
perts are transmitted with the report
under subsection (a)(5)(B).’’.
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SEC. 152. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
(a) IN GENERAL.—Section 1502 (20 U.S.C. 6492)
is amended—
(1) by redesignating subsection (b) as sub-
section (c);
(2) by striking in subsection (a) ‘‘(2) EVALUA-
TION.—The Secretary’’ and inserting ‘‘(b) EVALUA-
TION.—The Secretary’’ and by moving such sub-
section (b) 2 ems to the left;
(3) by striking in subsection (a) ‘‘Such projects
shall include promising’’ and all that follows through
‘‘career guidance opportunities.’’;
(4) by striking ‘‘student performance stand-
ards’’ and inserting ‘‘student achievement stand-
ards’’;
(5) by inserting ‘‘academic’’ after ‘‘to meet
challenging State’’; and
(6) by striking ‘‘(a) DEMONSTRATION PRO-
GRAMS’’ and all that follows through ‘‘IN
GEN-
ERAL.—From the’’ and inserting ‘‘(a) IN GEN-
ERAL.—From the’’.
SEC. 153. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM;
DROPOUT REPORTING.
(a) IN GENERAL.—Part E of title I (20 U.S.C. 6491
et seq.) is further amended by adding at the end the fol-
lowing:
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‘‘SEC. 1503. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM.
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) It is a worthwhile goal to ensure that all
students in America are prepared for responsible
citizenship and that all students should have the op-
portunity to be involved in activities that promote
and demonstrate good citizenship.
‘‘(2) It is a worthwhile goal to ensure that
America’s educators have access to programs for the
continued improvement of their professional skills.
‘‘(3) Allen J. Ellender, a Senator from Lou-
isiana and President pro tempore of the United
States Senate, had a distinguished career in public
service characterized by extraordinary energy and
real concern for young people. Senator Ellender pro-
vided valuable support and encouragement to the
Close Up Foundation, a nonpartisan, nonprofit foun-
dation promoting knowledge and understanding of
the Federal Government among young people and
educators. Therefore, it is a fitting and appropriate
tribute to Senator Ellender to provide fellowships in
his name to students of limited economic means and
the teachers who work with such students, so that
such students and teachers may participate in the
programs supported by the Close Up Foundation.
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‘‘(4) The Close Up Foundation is a non-
partisan, nonprofit, education foundation promoting
civic responsibility and knowledge and understanding
of the Federal Government among young people and
educators. The Congress has consistently supported
the Close Up Foundation’s work with disadvantaged
young people and their educators through the Allen
J. Ellender Fellowship Program. Therefore, it is fit-
ting and appropriate to continue support under the
successor Ellender-Close Up Fellowship Program to
students of limited economic means and the teachers
who work with such students, so that such students
and teachers may participate in the programs sup-
ported by the Close Up Foundation.
‘‘(b) PROGRAM
FOR
MIDDLE
AND
SECONDARY
SCHOOL STUDENTS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) GENERAL
AUTHORITY.—In accord-
ance with this subsection, the Secretary may
make grants to the Close Up Foundation of
Washington, District of Columbia, a non-
partisan, nonprofit foundation, for the purpose
of assisting the Close Up Foundation in car-
rying out its programs of increasing civic re-
sponsibility and understanding of the Federal
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Government among middle and secondary
school students.
‘‘(B) USE OF FUNDS.—Grants under this
subsection shall be used only to provide finan-
cial assistance to economically disadvantaged
students who participate in the program de-
scribed in subparagraph (A). Financial assist-
ance received pursuant to this subsection by
such students shall be known as Ellender-Close
Up fellowships.
‘‘(2) APPLICATIONS.—
‘‘(A) APPLICATION REQUIRED.—No grant
under this subsection may be made except upon
an application at such time, in such manner,
and accompanied by such information as the
Secretary may reasonably require.
‘‘(B) CONTENTS OF APPLICATION.—Each
application submitted under this paragraph
shall contain provisions to assure—
‘‘(i) that fellowship grants are made
to economically disadvantaged middle and
secondary school students;
‘‘(ii) that every effort will be made to
ensure the participation of students from
rural and small town areas, as well as from
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urban areas, and that in awarding fellow-
ships to economically disadvantaged stu-
dents, special consideration will be given to
the participation of students with special
educational needs, including students with
disabilities, ethnic minority students, re-
cent immigrants, and gifted and talented
students; and
‘‘(iii) the proper disbursement of the
funds received under this subsection.
‘‘(c) PROGRAM
FOR
MIDDLE
AND
SECONDARY
SCHOOL TEACHERS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) GENERAL
AUTHORITY.—In accord-
ance with this subsection, the Secretary may
make grants to the Close Up Foundation of
Washington, District of Columbia, a non-
partisan, nonprofit foundation, for the purpose
of assisting the Close Up Foundation in car-
rying out its programs of professional develop-
ment for middle and secondary school teachers
and to promote greater civic understanding and
responsibility among the students of such teach-
ers.
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‘‘(B) USE OF FUNDS.—Grants under this
subsection shall be used only for financial as-
sistance to teachers who participate in the pro-
gram described in subparagraph (A). Financial
assistance received pursuant to this subpart by
such individuals shall be known as Ellender-
Close Up fellowships.
‘‘(2) APPLICATIONS.—
‘‘(A) APPLICATION REQUIRED.—No grant
under this subsection may be made except upon
an application at such time, in such manner,
and accompanied by such information as the
Secretary may reasonably require.
‘‘(B) CONTENTS OF APPLICATION.—Each
application submitted under this paragraph
shall contain provisions to assure—
‘‘(i) that fellowship grants are made
only to teachers who have worked with at
least one student from such teacher’s
school who participates in the programs
described in subsection (b);
‘‘(ii) that no teacher in each school
participating in the programs assisted
under subsection (b) may receive more
than one fellowship in any fiscal year; and
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‘‘(iii) the proper disbursement of the
funds received under this subsection.
‘‘(d) PROGRAMS FOR RECENT IMMIGRANTS AND STU-
DENTS OF MIGRANT PARENTS.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) GENERAL
AUTHORITY.—In accord-
ance with this subsection, the Secretary may
make grants to the Close Up Foundation of
Washington, District of Columbia, a non-
partisan, nonprofit foundation, for the purpose
of assisting the Close Up Foundation in car-
rying out its programs of increasing under-
standing of the Federal Government among
economically disadvantaged recent immigrants
and students of migrant parents.
‘‘(B) USE OF FUNDS.—Grants under this
subsection shall be used for financial assistance
to economically disadvantaged older Americans,
recent immigrants and students of migrant par-
ents who participate in the program described
in subsection (a). Financial assistance received
pursuant to this subpart by such individuals
shall be known as Ellender-Close Up fellow-
ships.
‘‘(2) APPLICATIONS.—
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educational agency is located in an area defined as
rural by a governmental agency of the State.
‘‘(c) APPLICABLE FUNDING.—In this section, the
term ‘applicable funding’ means funds provided under
part A of title II, section 3106, part A of title IV, subpart
1 of part A of title V, and section 5212(a)(2)(A).
‘‘(d) DISBURSEMENT.—Each State educational agen-
cy that receives applicable funding for a fiscal year shall
disburse the applicable funding to local educational agen-
cies for alternative uses under this section for the fiscal
year at the same time that the State educational agency
disburses the applicable funding to local educational agen-
cies that do not intend to use the applicable funding for
such alternative uses for the fiscal year.
‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds used
under this section shall be used to supplement and not
supplant any other Federal, State, or local education
funds that would otherwise be available for the purpose
of this subpart.
‘‘(f) APPLICABLE RULE.—Except as otherwise pro-
vided in this subpart, funds transferred under this subpart
are subject to each of the rules and requirements applica-
ble to the funds allocated by the Secretary under the provi-
sion to which the transferred funds are transferred.
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‘‘(A) IN GENERAL.—If the amount made
available for this subpart for any fiscal year is
not sufficient to pay in full the amounts that
local educational agencies are eligible to receive
under paragraph (1) for such year, the Sec-
retary shall ratably reduce such amounts for
such year.
‘‘(B) ADDITIONAL
AMOUNTS.—If addi-
tional funds become available for making pay-
ments under paragraph (1) for such fiscal year,
payments that were reduced under subpara-
graph (A) shall be increased on the same basis
as such payments were reduced.
‘‘(4) CENSUS DETERMINATION.—
‘‘(A) IN GENERAL.—Each local educational
agency desiring a grant under this section shall
conduct a census not later than December 1 of
each year to determine the number of kinder-
garten through grade 12 students in average
daily attendance at the schools served by the
local educational agency.
‘‘(B) SUBMISSION.—Each local educational
agency shall submit the number described in
subparagraph (A) to the Secretary not later
than March 1 of each year.