182
‘‘(3) a description of the dropout prevention
program operated by participating schools and the
types of services such schools will provide to at risk
youth in participating schools and youth returning
from correctional facilities;
‘‘(4) a description of the youth expected to be
served by the dropout prevention program and how
the school will be coordinating existing educational
programs to meet unique education needs;
‘‘(5) a description of how schools will coordinate
with existing social and health services to meet the
needs of students at risk of dropping out of school
and other participating students, including prenatal
health care and nutrition services related to the
health of the parent and child, parenting and child
development classes, child care, targeted re-entry
and outreach programs, referrals to community re-
sources, and scheduling flexibility;
‘‘(6) a description of any partnerships with
local businesses to develop training and mentoring
services for participating students;
‘‘(7) a description of how the program will in-
volve parents in efforts to improve the education
achievement of their children, assist in dropout pre-
183
vention activities, and prevent the involvement of
their children in delinquent activities;
‘‘(8) a description of how this program will be
coordinated with other Federal, State, and local pro-
grams, including the Job Training and Partnership
Act and vocational education programs serving this
at risk population of youth;
‘‘(9) a description of how the program will be
coordinated with programs operated under the Juve-
nile Justice and Delinquency Prevention Act, if ap-
plicable;
‘‘(10) a description of how schools will work
with probation officers to assist in meeting the needs
of youth returning from correctional facilities;
‘‘(11) a description of efforts participating
schools will make to ensure correctional facilities
working with youth are aware of a child’s existing
individualized education program; and
‘‘(12) a description of the steps participating
schools will take to find alternative placements for
youth interested in continuing their education but
unable to participate in a regular public school pro-
gram.
‘‘(e) USES OF FUNDS.—Funds provided to local edu-
cational agencies under this section may be used for—
184
‘‘(1) dropout prevention programs which serve
youth at educational risk, including pregnant and
parent teens, youth who have come in contact with
the juvenile justice system, youth at least one year
behind their expected grade level, migrants, immi-
grants, students with limited-English proficiency and
gang members;
‘‘(2) the coordination of health and social serv-
ices for such youth if there is a likelihood that the
provision of such services including day care and
drug and alcohol counseling, will improve the likeli-
hood such students will complete their education;
and
‘‘(3) programs to meet the unique education
needs of youth at risk of dropping out, which may
include vocational education, special education, ca-
reer counseling, and assistance in securing student
loans or grants.
‘‘(f) PROGRAM REQUIREMENTS FOR CORRECTIONAL
FACILITIES RECEIVING FUNDS UNDER THIS SECTION.—
Each facility entering into a partnership with a local edu-
cational agency to provide services to youth under this sec-
tion shall—
‘‘(1) ensure educational programs in juvenile fa-
cilities are coordinated with the student’s home
185
school, particularly with respect to special education
students with an individualized education program;
‘‘(2) notify the local school of a youth if the
youth is identified as in need of special education
servicers while in the facility;
‘‘(3) provide transition assistance to help the
youth stay in school, including coordination of serv-
ices for the family, counseling, assistance in
accessing drug and alcohol abuse prevention pro-
grams, tutoring, and family counseling;
‘‘(4) provide support programs which encourage
the youth who have dropped out to reenter school
once their term has been completed or provide such
youth with the skills necessary for them to gain em-
ployment or seek a high school equivalency certifi-
cate;
‘‘(5) work to ensure facilities are staffed with
teachers and other qualified staff who are also
trained to work with children with disabilities and
other special needs students taking into consider-
ation such unique needs;
‘‘(6) ensure educational programs in correc-
tional facilities are related to assisting students meet
high educational standards;
186
‘‘(7) use, to the extent possible, technology to
assist coordinating educational programs between
the juvenile facility and community school;
‘‘(8) involve parents in efforts to improve the
educational achievement of their children and pre-
vent the further involvement of such children in de-
linquent activities;
‘‘(9) coordinate funds received under this pro-
gram with other available State, local, and Federal
funds to provide services to participating youth, in-
cluding the Job Training Partnership Act, and voca-
tional education;
‘‘(10) coordinate programs operated under this
section with activities funded under the Juvenile
Justice and Delinquency Prevention Act, if applica-
ble; and
‘‘(11) if appropriate, work with local businesses
to develop training and mentoring programs for par-
ticipating youth.
‘‘(g) ACCOUNTABILITY.—The State educational agen-
cy may—
‘‘(1) reduce or terminate funding for projects
funded under this section in local educational agen-
cies if such agencies do not show progress in reduc-
187
ing dropout rates for male students and for female
students over a 3-year period; and
‘‘(2) require juvenile facilities to demonstrate,
after 3 years, that there has been an increase in the
number of youth returning to school, obtaining high
school equivalency certificates, or obtaining employ-
ment after such youth are released.
‘‘SEC. 1411. PROGRAM EVALUATIONS.
‘‘(a) SCOPE OF EVALUATION.—Each State agency or
local educational agency that conducts a program under
subpart 1 or 2 shall evaluate the program, disaggregating
data on participation by sex, and if feasible, by race, eth-
nicity, and age, not less than once every 3 years to deter-
mine its impact on the ability of participants to—
‘‘(1) maintain and improve educational achieve-
ment;
‘‘(2) accrue school credits that meet State re-
quirements for grade promotion and high school
graduation;
‘‘(3) for delinquent youth, make the transition
to a regular program or other education program
operated by a local educational agency; and
‘‘(4) complete high school (or high school
equivalency requirements) and obtain employment
after leaving the institution.
188
‘‘(b) EVALUATION MEASURES.—In conducting each
such evaluation with respect to subsection (a)(1), a State
agency or local educational agency shall use multiple and
appropriate measures of student progress.
‘‘(c) EVALUATION RESULTS.—Each State agency
and local educational agency shall—
‘‘(1) submit evaluation results to the State edu-
cational agency; and
‘‘(2) use the results of evaluations under this
section to plan and improve subsequent programs
for participating children.
‘‘SEC. 1412. DEFINITIONS.
‘‘For the purpose of this part, the following terms
have the following meanings:
‘‘(1) The term ‘adult correctional institution’
means a facility in which persons are confined as a
result of a conviction for a criminal offense, includ-
ing persons under 21 years of age.
‘‘(2) The term ‘at risk youth’ means school
aged youth who are at risk of academic failure, have
drug or alcohol problems, are pregnant or are par-
ents, have come into contact with the juvenile justice
system in the past, are at least one year behind the
expected grade level for such age, have limited-Eng-
189
lish proficiency, are gang members, have dropped
out in the past, or have high absenteeism rates.
‘‘(3) The term ‘community-day program’ means
a regular program of instruction provided by a State
agency at a community-day school operated specifi-
cally for delinquent children.
‘‘(4) The term ‘institution for delinquent chil-
dren’ means a public or private residential facility
for the care of children who have been adjudicated
to be delinquent or in need of supervision.
‘‘PART E—FEDERAL EVALUATIONS,
DEMONSTRATIONS, AND TRANSITION PROJECTS
‘‘SEC. 1501. EVALUATIONS.
‘‘(a) NATIONAL ASSESSMENT.—(1) The Secretary
shall conduct a national assessment of programs under
this title, in coordination with the ongoing Chapter 1 Lon-
gitudinal Study under subsection (b) of this section, that
shall be planned, reviewed, and conducted in consultation
with an independent panel of researchers, State practition-
ers, local practitioners, and other appropriate individuals.
‘‘(2) The assessment shall examine how well schools,
local educational agencies, and States—
‘‘(A) are progressing toward the goal of all chil-
dren served under this title reaching the State’s con-
tent and performance standards; and
190
‘‘(B) are accomplishing the specific purposes set
out in section 1001(d) of this title to achieve this
goal, including—
‘‘(i) ensuring high standards for all chil-
dren and aligning the efforts of States, local
educational agencies, and schools to help chil-
dren reach them;
‘‘(ii) providing children an enriched and
accelerated 
educational 
program 
through
schoolwide programs or through additional serv-
ices that increase the amount and quality of in-
structional time that children receive;
‘‘(iii) promoting schoolwide reform and ac-
cess of all children to effective instructional
strategies and challenging academic content;
‘‘(iv) significantly upgrading the quality of
the curriculum and instruction by providing
staff in participating schools with substantial
opportunities for professional development;
‘‘(v) are using any of the voluntary model
State opportunity-to-learn standards that may
have been implemented and whether they are
useful in improving learning;
‘‘(vi) coordinating services under all parts
of this title with each other, with other edu-
191
cational services, including preschool services,
and, to the extent feasible, with health and so-
cial service programs funded from other
sources;
‘‘(vii) affording parents meaningful oppor-
tunities to participate in the education of their
children at home and at school, including the
provisions of family literacy services;
‘‘(viii) distributing resources to areas
where needs are greatest;
‘‘(ix) improving accountability, as well as
teaching and learning, by making assessments
under this title congruent with State assess-
ment systems; and
‘‘(x) providing greater decisionmaking au-
thority and flexibility to schools in exchange for
greater responsibility for student performance.
‘‘(3) Where feasible, the Secretary shall use informa-
tion gathered from a variety of sources, including the Na-
tional Assessment of Educational Progress, State evalua-
tions, and available research studies in carrying out this
subsection.
‘‘(4) The Secretary shall submit a biennial report
summarizing the cumulative findings to date of the assess-
192
ment to the President and the appropriate committees of
the Congress.
‘‘(b) STUDIES AND DATA COLLECTION.—The Sec-
retary may collect such data, as necessary, at the State,
local, and school levels and conduct studies and evalua-
tions, including national studies and evaluations, to assess
on an ongoing basis the effectiveness of programs under
this title and to report on such effectiveness on a periodic
basis. The Secretary shall report no later than December
31, 1997 to the House Committee on Education and
Labor and the Senate Committee on Labor and Human
Resources on how schoolwide programs are meeting the
needs of children from migratory families.
‘‘(c) NATIONAL EVALUATION OF TITLE I.—The Sec-
retary shall carry out an ongoing evaluation of the pro-
gram under part A of this title in order to provide the
public, Congress, and educators involved in such program,
an accurate description of the effectiveness of such pro-
gram and provide information that can be used to improve
such program’s effectiveness. Such evaluation shall—
‘‘(1) have a longitudinal design tracking cohorts
of students for at least 3 years which, when the co-
horts are taken as a whole, provides a picture of
such program’s effectiveness over the elementary
and secondary grades;
193
‘‘(2) be separate and independent from State
and local assessments and evaluations as required
under this part;
‘‘(3) utilize the highest available content stand-
ards that are generally accepted as national in
scope;
‘‘(4) provide information on all students, stu-
dents served under this part, and, if funds are suffi-
cient, information on students from low-income fam-
ilies and limited English proficient students; and
‘‘(5) when feasible, collect, cross-tabulate, and
report data by sex within race or ethnicity and socio-
economic status.
The Secretary shall use the information from this evalua-
tion as part of the national assessment required by sub-
section (a) and shall report the data from this evaluation
to the Congress and the public at least as frequently as
that assessment.
‘‘(d)(1) In conducting the National Assessment under
subsection (a) and the National Evaluation under sub-
section (b), the Secretary shall not assess the progress of
students in grade 1, kindergarten, and pre-kindergarten
on the basis of outcome measures such as content and per-
formance standards.
194
‘‘(2) Any assessments of children in grade 2 shall uti-
lize matrix sampling and be performance-based.
‘‘(3) Any data collected regarding children in grade
2 shall—
‘‘(A) be collected at multiple points in time;
‘‘(B) not be used to stigmatize, label, or place
any child; and
‘‘(C) be collected in multiple domains.
‘‘(e) PARENTAL INVOLVEMENT, STUDY, REPORT AND
DISSEMINATION.—(1) The Secretary, through the Office
of Education Research and Improvement, shall conduct a
study to identify and describe—
‘‘(A) common barriers to effective parental in-
volvement in the education of participating children;
and
‘‘(B) successful local policies and programs
which improve parental involvement and the per-
formance of participating children.
‘‘(2) The Secretary shall—
‘‘(A) complete such study by December 31,
1995;
‘‘(B) report the findings of such study to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and
Human Resources of the Senate; and
195
‘‘(C) disseminate the findings, relating to the
successful local policies and programs which improve
parental involvement and the performance of partici-
pating children, to local educational agencies.
‘‘SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
‘‘(a) DEMONSTRATION
PROGRAMS
TO
IMPROVE
ACHIEVEMENT.—(1) From the funds appropriated for any
fiscal year under section 1002(7)(B), the Secretary may
make grants to State educational agencies, local edu-
cational agencies, other public agencies, nonprofit organi-
zations, public/private partnerships involving business and
industry organizations, and consortia of such bodies to
carry out demonstration projects that show the most
promise of enabling children served under this title to
meet challenging State standards. Such projects shall in-
clude promising strategies such as—
‘‘(A) accelerated curricula, the application of
new technologies to improve teaching and learning,
extended learning time, and a safe and enriched full-
day environment for children to provide them the op-
portunity to reach high standards;
‘‘(B) integration of education services with each
other and with health, family, and other social serv-
ices such as mentoring programs, particularly in
empowerment zones and enterprise communities;
196
‘‘(C) effective approaches to whole school re-
form;
‘‘(D) programs that have been especially effec-
tive with limited English proficient children, migra-
tory children and other highly mobile students, chil-
dren leaving institutions for neglected or delinquent
children and returning to school, and homeless chil-
dren and youth; and
‘‘(E) programs that are built upon partnerships
developed between elementary, middle schools, and
secondary schools, employers, and the community
which emphasize the integration of high quality aca-
demic and vocational learning, stress excellence and
high expectations for success in core academic sub-
jects, instill responsibility, decisionmaking, problem
solving, interpersonal skills, and other competencies
in students, and make school relevant to the work-
place and the community, through applied and inter-
active teaching methodologies, team teaching strate-
gies, learning opportunities connecting school, the
workplace, and the community, and career explo-
ration, awareness, and career guidance opportuni-
ties.
‘‘(2) The Secretary shall evaluate the demonstration
projects supported under this title, using rigorous meth-
197
odological designs and techniques, including control
groups and random assignment, to the extent feasible, to
produce reliable evidence of effectiveness.
‘‘(b) PARTNERSHIPS.—(1) From funds appropriated
under section 1002(7)(B) for any fiscal year, the Sec-
retary may, directly or through grants or contracts, work
in partnership with State educational agencies, local edu-
cational agencies, other public agencies, and non-profit or-
ganizations to disseminate and use the highest quality re-
search and knowledge about effective practices to improve
the quality of teaching and learning in schools supported
under this title.
‘‘SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSI-
TION PROJECTS.
‘‘(a) IN GENERAL.—From not less than $10,000,000
of the amount appropriated under section 1002(7)(B) the
Secretary shall provide financial assistance to support in-
novative transition projects in elementary schools.
‘‘(b) GRANTS.—(1) From 70 percent of the amount
reserved under subsection (a) to carry out this section, the
Secretary shall make grants to local educational agencies
for the purpose of supporting projects, for children from
low-income families who previously attended Head Start,
Even Start, or similar preschool programs, which provide
198
educational and other services in kindergarten and early
elementary grades.
‘‘(2) The purpose of such projects are to assist such
children to—
‘‘(A) make a successful transition from pre-
school through the early elementary grades; and
‘‘(B) achieve challenging academic standards.
‘‘(3) A program assisted under this subsection
shall—
‘‘(A) provide transition-to-elementary school ac-
tivities, such as—
‘‘(i) development of a transition plan for
each child, which provides for support and as-
sistance through the third grade;
‘‘(ii) transfer of each child’s preschool
records to the elementary school (with parental
consent);
‘‘(iii) formal meetings between a child’s
parent, preschool teacher, and kindergarten or
first grade teacher; and
‘‘(iv) kindergarten visits and other orienta-
tion activities for preschool children prior to en-
rollment in elementary school;
199
‘‘(B) use a model instructional approach for
which financial assistance is provided under sub-
section (d);
‘‘(C) provide directly or through referral com-
prehensive educational, health, nutritional, social,
and other services as will aid in the continued devel-
opment of eligible children to their full potential;
and
‘‘(D) provide for the direct participation of the
parents of such children in the development, oper-
ation, and evaluation of such program.
‘‘(c) APPLICATIONS AND GRANT PRIORITY.—(1) An
application for a grant under subsection (b) shall—
‘‘(A) 
describe 
the 
transition-to-elementary
school activities which the applicant plans to admin-
ister;
‘‘(B) describe the model instructional approach
the applicant will use, and the manner in which the
applicant will implement such approach;
‘‘(C) provide evidence that the applicant has
made a formal arrangement to receive technical as-
sistance and training from the agency, organization,
or institution which sponsors such approach and re-
ceives funds under subsection (d);
200
‘‘(D) describe the manner in which the appli-
cant will provide comprehensive services to the chil-
dren to be served;
‘‘(E) describe how the applicant will provide for
direct participation by parents in the planning, oper-
ation, and evaluation of such program;
‘‘(F) describe how such program will be coordi-
nated with title I, title VII, and other programs au-
thorized under this Act; and
‘‘(G) provide evidence that—
‘‘(i) the applicant has entered into formal
arrangements with local Head Start, Even
Start, and other preschool programs to ensure
that the transition activities supported by such
program are effective; and
‘‘(ii) the transition activities, instruction,
and other services to be provided by the appli-
cant have been specifically designed to build
upon, and coordinate with, those services pro-
vided to eligible children and their parents in
local Head Start, Even Start and other similar
preschool programs.
‘‘(2) An application for a grant under subsection (b)
may provide for the use of mentors who are high school
or college students trained to provide tutoring to elemen-
201
tary and secondary students formerly enrolled in Head
Start or Even Start programs.
‘‘(3) In making grants under subsection (b), the Sec-
retary shall—
‘‘(A) give priority to applicants that—
‘‘(i) propose to administer a project in
schools designated as a schoolwide program
under section 1114 of this Act; and
‘‘(ii) propose to use an innovative transi-
tion and instructional approach which has been
shown to be effective for the purpose described
in paragraph (2) of subsection (b); and
‘‘(B) provide sufficient funds to enable pro-
grams to meet the purposes of paragraph (1) and
the requirements of paragraph (2).
‘‘(d) TECHNICAL
ASSISTANCE
AND
TRAINING.—
From 30 percent of the amount reserved under subsection
(a), the Secretary shall make grants to public and private
nonprofit agencies, institutions, and organizations to pro-
vide—
‘‘(1) technical assistance in the implementation
and expanded use of model transition and instruc-
tional approaches; and
‘‘(2) training in conjunction with the implemen-
tation and operation of such model approaches.
202
‘‘(e) GENERAL PROVISIONS.—
‘‘(1) An application for assistance under this
section may not be approved unless the Secretary is
satisfied that the services to be provided by the ap-
plicant will supplement, and not supplant, services
previously provided without Federal assistance.
‘‘(2) A program which receives assistance under
subsection (b) must demonstrate that such program
achieved the purposes described in paragraph (2) of
such subsection in order to be eligible for a renewal
grant.
‘‘PART F—GENERAL PROVISIONS
‘‘SEC. 1601. FEDERAL REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
issue such regulations as are necessary to reasonably en-
sure that there is compliance with this title.
‘‘(b) NEGOTIATED
RULEMAKING
PROCESS.—(1)
Prior to publishing proposed regulations in the Federal
Register to carry out this title, the Secretary shall obtain
the advice and recommendations of representatives of Fed-
eral, State, and local administrators, parents, teachers,
and members of local boards of education involved with
the implementation and operation of programs under this
title.
203
‘‘(2) Such advice and recommendations may be ob-
tained through such mechanisms as regional meetings and
electronic exchanges of information.
‘‘(3) After obtaining such advice and recommenda-
tions, and prior to publishing proposed regulations, the
Secretary shall—
‘‘(A) establish a negotiated rulemaking process
on a minimum of 4 key issues, including—
‘‘(i) schoolwide projects;
‘‘(ii) standards and assessment;
‘‘(iii) parental involvement; and
‘‘(iv) professional development;
‘‘(B) select individuals to participate in such
process from among individuals or groups which pro-
vided advice and recommendations, with representa-
tion from all geographic regions; and
‘‘(C) prepare a draft of proposed policy options
that shall be provided to the individuals selected by
the Secretary under subparagraph (A) not less than
45 days prior to the first meeting under such
process.
‘‘(4) Such process—
‘‘(A) shall be conducted in a timely manner to
ensure that final regulations are issued by the Sec-
retary not later than the 240-day period required by
204
section 437 of the General Education Provisions
Act; and
‘‘(B) shall not be subject to the Federal Advi-
sory Committee Act but shall otherwise follow the
provisions of the Negotiated Rulemaking Act of
1990 (5 U.S.C. 561 et seq.).
‘‘(5) In an emergency situation in which regulations
to carry out this title must be issued with a very limited
time to assist State and local educational agencies with
the operation of the program, the Secretary may issue pro-
posed regulations without following such process but shall,
immediately thereafter and prior to issuing final regula-
tions, conduct regional meetings to review such proposed
regulations.
‘‘(c) SPECIAL RULE.—Funds made available under
section 1002(7) may not be released by the Secretary for
expenditure until such time as final regulations to carry
out part A are published in the Federal Register.
‘‘(d) LIMITATION.—Regulations to carry out this part
may not require local programs to follow a particular in-
structional model, such as the provision of services outside
the regular classroom or school program.
205
‘‘SEC. 1602. COORDINATION OF FEDERAL, STATE, AND
LOCAL ADMINISTRATION.
‘‘(a) PROGRAM ASSISTANCE MANUAL.—The Sec-
retary shall, not later than 6 months after the publication
of final regulations under this title, prepare and distribute
to State educational agencies, State agencies operating
programs under parts C and D, and local educational
agencies, and shall make available to parents and other
interested individuals, organizations, and agencies, a man-
ual for this title to—
‘‘(1) assist such agencies in—
‘‘(A) enhancing the quality, increasing the
depth, or broadening the scope of activities for
programs under this title;
‘‘(B) applying for program funds under
this title; and
‘‘(C) meeting the program objectives under
this title;
‘‘(2) assist State educational agencies in achiev-
ing proper and efficient administration of programs
funded under this title;
‘‘(3) assist parents to become involved in the
planning for, and implementation and evaluation of,
programs and projects under this title; and
‘‘(4) ensure that officers and employees of the
Department of Education, including officers and em-
206
ployees of the Secretary and officers and employees
of such Department charged with auditing programs
carried on under this title, uniformly interpret,
apply, and enforce requirements under this title
throughout the United States.
‘‘(b) CONTENTS OF POLICY MANUAL.—The policy
manual shall, with respect to programs carried out under
this title, contain descriptions, statements, procedural and
substantive rules, opinions, policy statements and inter-
pretations and indices to and amendments of the fore-
going, and in particular, whether or not such items are
required under section 552 of title 5, United States Code,
to be published or made available. The manual shall in-
clude—
‘‘(1) a statement of the requirements applicable
to the programs carried out under this title, includ-
ing such requirements contained in this title, the
General Education Provisions Act, other applicable
statutes, and regulations issued under the authority
of such statutes;
‘‘(2) an explanation of the purpose of each re-
quirement and its interrelationship with other appli-
cable requirements; and
‘‘(3) model forms and instructions developed by
the Secretary for use by State and local educational
207
agencies, at their discretion, including, application
forms, application review checklists, and instruments
for monitoring programs under this title.
‘‘(c) RESPONSE TO INQUIRIES.—The Secretary shall
respond with written guidance not more than 90 days
after any written request (return receipt requested) from
a State or local educational agency regarding a policy,
question, or interpretation under this title. In the case of
a request from a local educational agency, such agency
is required to address its request to the State educational
agency first.
‘‘SEC. 1603. STATE ADMINISTRATION.
‘‘(a) RULEMAKING.—(1) Each State that receives
funds under this title shall—
‘‘(A) ensure that any State rules, regulations,
and policies relating to this title conform to the pur-
poses of this title and provide any such proposed
rules, regulations, and policies to the Committee of
Practitioners for their review and comment;
‘‘(B) minimize such rules, regulations, and poli-
cies to which their local educational agencies and
schools are subject; and
‘‘(C) identify any such rule, regulation, or pol-
icy as a State-imposed requirement.
208
‘‘(2) State rules, regulations, and policies under this
title shall support and facilitate local educational agency
and school-level systemic reform designed to enable all
children to meet the State’s standards.
‘‘(b) COMMITTEE
OF PRACTITIONERS.—(1) Each
State educational agency shall create a State committee
of practitioners to advise the State in carrying out its re-
sponsibilities under this title.
‘‘(2) Each such committee shall include—
‘‘(A) as a majority of its members, representa-
tives from local educational agencies;
‘‘(B) administrators;
‘‘(C) teachers, including vocational educators;
‘‘(D) parents;
‘‘(E) members of local boards of education;
‘‘(F) representatives of private school children;
and
‘‘(G) counselors.
‘‘(3) The duties of the committee shall include a re-
view, prior to publication, of any proposed or final State
rule or regulation pursuant to this title. In an emergency
situation where such rule or regulation must be issued
within a very limited time to assist local educational agen-
cies with the operation of the program, the State edu-
cational agency may issue a regulation without prior con-
209
sultation, but shall immediately thereafter convene the
State committee of practitioners to review the emergency
regulation prior to issuance in final form.
‘‘(c) PAYMENT FOR STATE ADMINISTRATION.—Each
State may reserve for the proper and efficient performance
of its duties under this title the greater of—
‘‘(1) one percent of the funds received under
section 1002(a) and (c) through (f); or
‘‘(2) $375,000, or $50,000 in the case of
Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, and Palau (until the
Compact of Free Association takes effect).
‘‘TITLE II—IMPROVING
TEACHING AND LEARNING
‘‘PART A—DWIGHT D. EISENHOWER
PROFESSIONAL DEVELOPMENT PROGRAM
‘‘SEC. 2101. FINDINGS.
‘‘The Congress finds that—
‘‘(1) reaching the National Education Goals re-
quires a comprehensive educational reform strategy
that involves parents, schools, government, commu-
nities, and other public and private organizations at
all levels;
‘‘(2) a crucial component of the strategy for
achieving these goals is ensuring, through sustained
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and intensive high-quality professional development,
and through the development and adoption of high
quality curriculum, that all teachers are capable of
providing challenging learning experiences in the
core academic subjects for their students;
‘‘(3) decisionmaking as to what activities a
State or local educational agency should undertake
to improve teaching and learning are best made by
individuals in the schools closest to the classroom
and most knowledgeable about the needs of schools
and students;
‘‘(4) the potential positive impact of high-qual-
ity professional development is underscored by re-
cent research findings that—
‘‘(A) professional development must be fo-
cused on teaching and learning in order to
change the opportunities of all students to
achieve higher standards; and
‘‘(B) effective professional development fo-
cuses on discipline-based knowledge and sub-
ject-specific pedagogical skills, involves teams of
teachers and administrators in a school and,
through professional networks of teachers and
administrators, is interactive and collaborative,
motivates by its intrinsic content and relation-
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ship to practice, builds on experience and learn-
ing-by-doing, and becomes incorporated into the
everyday life of the school;
‘‘(5) engaging teachers in the development of
high quality curricula is a powerful professional
development activity that improves teaching and
learning;
‘‘(6) special attention must be given in profes-
sional development activities to ensure that edu-
cation professionals are knowledgeable of, and make
use of, strategies for serving populations that his-
torically have lacked access to equal opportunities
for advanced learning and career advancement;
‘‘(7) States and local educational agencies also
need to engage teachers in the development of high
quality curricula that are aligned with State or local
content and performance standards in order to im-
prove teaching and learning and ensure that stu-
dents achieve the State standards;
‘‘(8) professional development is often a victim
of budget reductions in fiscally difficult times and
curricula development is almost nonexistent in many
State and local school systems; and
‘‘(9) the Federal Government has a vital role in
helping States and local educational agencies to
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make sustained and intensive high-quality profes-
sional development in the core academic subjects be-
come an integral part of the elementary and second-
ary education system and in providing assistance to
such agencies to engage teachers in the development
of high quality curricula that are aligned with State
or local content and performance standards.
‘‘SEC. 2102. PURPOSES.
‘‘The purposes of this part are to provide assistance
to States and local educational agencies and to institutions
of higher education with teacher education programs so
that such agencies can determine how best to improve the
teaching and learning of all students through—
‘‘(1) helping to ensure that teachers, other
staff, and administrators have access to sustained
and intensive high-quality professional development
that is aligned to challenging State content and per-
formance standards in the care academic subjects
and that—
‘‘(A) is tied to challenging State and local
curriculum content and student performance
standards;
‘‘(B) reflects recent research on teaching
and learning;
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‘‘(C) incorporates effective strategies, tech-
niques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
limited-English proficient individuals, and eco-
nomically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging performance standards;
‘‘(D) includes strong academic content and
pedagogical components;
‘‘(E) is of sufficient intensity and duration
to have a positive and lasting impact on the
teacher’s performance in the classroom; and
‘‘(F) is part of the everyday life of the
school and creates an orientation toward contin-
uous improvement throughout the school; and
‘‘(2) assisting States and local educational
agencies to engage teachers in the development of
high quality curriculum that is aligned with State or
local content and performance standards.
‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLO-
CATION BETWEEN SUBPARTS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated $800,000,000 for fiscal year 1995 and
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such sums as may be necessary for fiscal years 1996,
1997, 1998, and 1999.
‘‘(b) ALLOCATION BETWEEN SUBPARTS.—Of the
funds appropriated to carry out this part for a fiscal year,
the Secretary shall use—
‘‘(1) 5 percent to carry out subpart 1; and
‘‘(2) 95 percent to carry out subpart 2.
‘‘Subpart 1—Federal Activities
‘‘SEC. 2111. PROGRAM AUTHORIZED.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to make grants to, and enter into contracts and
cooperative agreements with, local educational agencies,
State educational agencies, State agencies for higher edu-
cation, educational service agencies, institutions of higher
education, and other public and private agencies, other or-
ganizations, and institutions to—
‘‘(1) support activities of national significance
that will contribute to the development and imple-
mentation of high-quality professional development
activities in the core academic subject areas;
‘‘(2) support the development of challenging
curriculum that is aligned with State or local con-
tent and performance standards; and
‘‘(3) evaluate activities carried out under this
subpart and under subpart 2.
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‘‘(b) COORDINATION WITH OTHER AGENCIES.—In
carrying out this program, the Secretary shall consult and
coordinate with the National Science Foundation, the Na-
tional Endowment for the Humanities, the National En-
dowment for the Arts, and other appropriate Federal
agencies and entities.
‘‘SEC. 2112. AUTHORIZED ACTIVITIES.
‘‘(a) The Secretary shall use funds available to carry
out this subpart—
‘‘(1) to provide seed money to eligible entities to
develop their capacity to offer sustained and inten-
sive high-quality professional development;
‘‘(2) for the development and maintenance of a
national clearinghouse for science, mathematics, and
technology education materials which shall be ad-
ministered as an adjunct clearinghouse of the ERIC
system of clearinghouses supported by the Office of
Educational Research and Improvement;
‘‘(3) to support consortia of educational agen-
cies and organizations in disseminating information
and providing assistance regarding curricula, teach-
ing methods, and assessment tools that support na-
tional or State content standards in mathematics
and science; and
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‘‘(4) the evaluation of programs under this sub-
part and under subpart 2.
‘‘(b) The Secretary may use funds available to carry
out this subpart—
‘‘(1) for the development and maintenance of
national clearinghouses for core academic subjects as
the Secretary determines are needed and which shall
be administered as adjunct clearinghouses of the
ERIC system of clearinghouses supported by the Of-
fice of Educational Research and Improvement;
‘‘(2) to provide grants to entities to develop
high quality curricula that are aligned with vol-
untary national or State content standards;
‘‘(3) to sponsor institutes that provide teachers
and administrators with professional development
that is based on strong and integrated disciplinary
content and pedagogical components;
‘‘(4) for efforts to train teachers in the innova-
tive uses and applications of technology to enhance
student learning;
‘‘(5) to encourage the development of local and
national professional networks of educators;
‘‘(6) to disseminate standards in the core aca-
demic subjects, including information on voluntary
national content and performance standards and re-
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lated models of high-quality professional develop-
ment;
‘‘(7) for efforts to train teachers in innovative
uses of applied learning strategies such as service
learning;
‘‘(8) to disseminate models of high-quality pro-
fessional development activities that train educators
in strategies, techniques, methods, and practices for
meeting the educational needs of historically under-
served populations, including females, minorities, in-
dividuals with disabilities, limited-English proficient
individuals, and economically disadvantaged individ-
uals, in order to ensure that all students have the
opportunity to achieve challenging performance
standards;
‘‘(9) to promote the transferability of licensure
and certification of teachers and administrators
among State and local jurisdictions; and
‘‘(10) to support the National Board for Profes-
sional Teaching Standards.
‘‘(c) In carrying out subsection (a), the Secretary
shall ensure that each program, project, and activity con-
tained in such subsection receives an allocation that is no
less than the amount that each such program, project, or
activity received in fiscal year 1994.
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‘‘Subpart 2—State and Local Activities
‘‘SEC. 2121. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized to make grants to State
educational agencies for the improvement of teaching and
learning through sustained and intensive high-quality pro-
fessional development activities in the core academic sub-
jects at the State and local levels and the development by
teachers and others of high-quality curricula that are
aligned with State or local content and performance stand-
ards.
‘‘SEC. 2122. ALLOCATION OF FUNDS.
‘‘(a) RESERVATION OF FUNDS.—From the amount
made available to carry out this subpart for any fiscal
year, the Secretary shall—
‘‘(1) reserve one half of one percent for the out-
lying areas, to be distributed among them on the
basis of relative need, as determined by the Sec-
retary in light of the purposes of this part; and
‘‘(2) reserve one half of one percent for the Sec-
retary of the Interior for programs under this sub-
part for professional development activities for
teachers, other staff, and administrators in schools
operated or funded by the Bureau of Indian Affairs.
‘‘(b) STATE ALLOTMENTS.—The Secretary shall allo-
cate the remaining amount to each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto
219
Rico as follows, except that no State shall receive less than
one-half of one percent of such remaining amount:
‘‘(1) 50 percent shall be allocated among such
jurisdictions on the basis of their relative popu-
lations of individuals aged 5 through 17, as deter-
mined by the Secretary on the basis of the most re-
cent satisfactory data.
‘‘(2) 50 percent shall be allocated among such
jurisdictions in accordance with the relative amounts
such jurisdictions received under part A of title I of
this Act for the preceding fiscal year.
‘‘(c) REALLOCATION.—If any jurisdiction does not
apply for its allotment under subsection (b) for any fiscal
year, the Secretary shall reallocate such amount to the re-
maining jurisdictions in accordance with such subsection.
‘‘SEC. 2123. WITHIN-STATE ALLOCATIONS.
‘‘(a) RESERVATIONS.—Of the amounts received by a
State under this subpart for a fiscal year—
‘‘(1) not more than 5 percent shall be used for
the administrative costs of programs carried out by
the State educational agency and the State agency
for higher education;
‘‘(2) not more than 5 percent may be used for
State-level activities, as described in section 2125;
and
220
‘‘(3) of the remaining amount—
‘‘(A) 87 percent shall be distributed to
local educational agencies, to be used in accord-
ance with section 2129, as follows:
‘‘(i) 50 percent of such amount shall
be distributed in accordance with the rel-
ative enrollments in public and private
nonprofit schools within their boundaries.
‘‘(ii) 50 percent of such amount shall
be distributed in accordance with the rel-
ative amount such agencies received under
part A of title I of this Act for the preced-
ing fiscal year; and
‘‘(B) 13 percent shall be used for competi-
tive grants to institutions of higher education
as described in section 2129.
‘‘(b) LIMITATION.—
‘‘(1) GENERAL RULE.—Except as provided in
paragraph (2), any local educational agency that re-
ceives an allocation of less than $10,000 under sub-
section (a) shall, for the purpose of providing serv-
ices under this subpart, form a consortium with at
least 1 other local educational agency or institution
of higher education receiving assistance under this
section.
221
‘‘(2) WAIVER.—The State educational agency
shall waive the application of paragraph (1) in the
case of any local educational agency that dem-
onstrates that the amount of its allocation is suffi-
cient to provide a program of sufficient size, scope,
and quality to be effective. In granting waivers
under the preceding sentence, the State educational
agency shall—
‘‘(A) give special consideration to local
educational agencies serving rural areas; and
‘‘(B) consider cash or in-kind contributions
provided from State or local sources that may
be combined with the local educational agency’s
allocation for the purpose of providing services
under this part.
‘‘SEC. 2124. STATE APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—Each State edu-
cational agency that wishes to receive its allotment under
this subpart for any fiscal year shall submit an application
to the Secretary at such time and in such form as the
Secretary may require.
‘‘(b) STATE PLAN TO IMPROVE TEACHING
AND
LEARNING—(1) Each application under this section shall
include a State plan that—
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‘‘(A) is integrated with the State’s plan, either
approved or being developed, under title III of the
Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already ad-
dressed by that State plan; or
‘‘(B) if the State does not have an approved
plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan, is
integrated with other State plans under this Act and
satisfies the requirements of this section.
‘‘(2) Each such plan shall also—
‘‘(A) be developed in conjunction with the State
agency for higher education, institutions of higher
education, schools of education, and with the exten-
sive participation of teachers and administrators and
members of the public who are interested in improv-
ing education in the State and show the role of each
in implementation;
‘‘(B) be designed to give teachers and adminis-
trators in the State the knowledge and skills to pro-
vide all students the opportunity to meet challenging
State performance standards;
‘‘(C) include an assessment of State and local
needs for professional development and for the devel-
223
opment of curricula that are aligned with State or
local content and performance standards;
‘‘(D) include a description of how the plan has
assessed the needs of local education agencies serv-
ing rural areas, and what actions are planned to
meet those needs;
‘‘(E) include a description of how the plan has
maintained funding for professional development ac-
tivities in mathematics and science education;
‘‘(F) include a description of how the activities
funded under this subpart will address the needs of
teachers in schools receiving assistance under part A
of title I of this Act;
‘‘(G) a description of how programs in all core
academic subjects, but especially in mathematics and
science, will take into account the need for greater
access to, and participation in, such disciplines by
students from historically underrepresented groups,
including females, minorities, individuals with lim-
ited-English proficiency, the economically disadvan-
taged, and the disabled, by incorporating peda-
gogical strategies and techniques which meet their
educational need;
224
‘‘(H) if the State’s needs assessment under sub-
section (C) demonstrates a need for professional de-
velopment, describe how the State will—
‘‘(i) work with teachers, including teachers
in schools receiving assistance under part A of
title I of this Act, administrators, local edu-
cational agencies, schools, and institutions of
higher education to ensure that they develop
the capacity to support sustained and intensive,
high-quality professional development programs
in all the core academic subject areas, but espe-
cially in mathematics and science;
‘‘(ii) take specific steps to review and, if
necessary, reform State requirements for licen-
sure of teachers and administrators, including
certification and recertification, to align such
requirements with challenging State content
and performance standards; and
‘‘(iii) address the need for improving
teaching and learning through teacher develop-
ment beginning with recruitment, pre-service,
and induction, and continuing throughout the
professional teaching career; and
225
‘‘(I) if the State’s needs assessment under sub-
paragraph (C) demonstrates a need for curricula de-
velopment, describe—
‘‘(i) a strategy for engaging teachers in the
development of curricula that are aligned with
State or local content and performance stand-
ards; and
‘‘(ii) how the State will also work with ad-
ministrators, parents, school board members,
and other members of the community in devel-
oping high quality curricula that are aligned
with State or local content and performance
standards.
‘‘(c) ADDITIONAL MATERIAL.—Each State applica-
tion shall also include—
‘‘(1) a description of how the activities funded
under this subpart will be coordinated, as appro-
priate, with—
‘‘(A) other activities conducted with Fed-
eral funds, especially activities supported under
part A of title I of this Act;
‘‘(B) State and local funds;
‘‘(C) resources from business and industry;
and
226
‘‘(D) funds from other Federal agencies,
such as the National Science Foundation, the
Departments of Commerce, Energy, and Health
and Human Services, the National Endowment
for the Arts, and the National Endowment for
the Humanities; and
‘‘(2) a description of the activities to be spon-
sored under the State-level activities and the higher
education components of its program under this sub-
part.
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
(1) The Secretary shall approve the application of a State
educational agency if it meets the requirements of this sec-
tion and holds reasonable promise of achieving the pur-
poses of this part.
‘‘(2) In reviewing applications, the Secretary shall ob-
tain the advice of non-Federal experts on education in the
core academic subjects and on teacher education, includ-
ing teachers and administrators.
‘‘SEC. 2125. STATE-LEVEL ACTIVITIES.
‘‘Each State may use funds reserved under section
2123(a)(2) to carry out activities referred to in section
2124(b), such as—
‘‘(1) reviewing and reforming State require-
ments for teacher and administrator licensure, in-
227
cluding certification and recertification, to align such
requirements with the State’s content standards and
ensure that teachers and administrators have the
knowledge and skills necessary to help students meet
challenging State performance standards;
‘‘(2) developing performance assessments and
peer review procedures, as well as other methods, for
licensing teachers and administrators;
‘‘(3) providing technical assistance to schools
and local educational agencies especially schools and
local educational agencies that receive assistance
under part A of title I of this Act, to help such
schools and agencies provide effective professional
development in the core academic subjects and de-
velop high quality curricula;
‘‘(4) developing or supporting professional de-
velopment networks, either within a State or in a re-
gional consortium of States, that provide a forum
for interaction among teachers and that allow ex-
change of information on advances in content assess-
ment and pedagogy;
‘‘(5) supporting partnerships between schools,
consortia of schools, or local education agencies and
institutions of higher education, including but not
limited to schools of education, which would encour-
228
age teachers to participate in intensive, ongoing pro-
fessional development programs, both academic and
pedagogical, at institutions of higher education, and
to encourage students at institutions of higher edu-
cation studying to become teachers to have direct,
practical experience at the schools;
‘‘(6) enhancing the effective use of educational
technology as an instructional tool for increasing
student understanding of the core academic subject
areas including—
‘‘(A) efforts to train teachers in the inno-
vative uses and application of instructional
technology;
‘‘(B) utilizing and strengthening existing
telecommunications infrastructure dedicated to
educational purposes; and
‘‘(C) efforts to train teachers in methods
for achieving gender equity both in access to
and teaching practices used in the application
of educational technology;
‘‘(7) providing incentives for teachers to be in-
volved in curriculum development and technical as-
sistance processes for teachers and students;
‘‘(8) professional development enabling teachers
and other school staff to ensure that girls, young
229
women, minorities, limited English proficient stu-
dents, individuals with disabilities, and economically
disadvantaged individuals have the opportunity to
achieve challenging State performance standards in
the core academic subjects by, for example, encour-
aging girls, young women, and minorities to pursue
advanced courses in mathematics and science;
‘‘(9) designing professional development activi-
ties that increase the numbers of members of minor-
ity and other underrepresented groups in the teach-
ing force in the core subjects;
‘‘(10) developing high quality curriculum that is
aligned with State or local content and performance
standards; and
‘‘(11) providing financial or other incentives for
teachers to become certified by the National Board
for Professional Teaching Standards.
‘‘SEC. 2126. LOCAL PLAN AND APPLICATION FOR IMPROV-
ING TEACHING AND LEARNING.
‘‘(a) LOCAL APPLICATION.—(1) Each local edu-
cational agency that wishes to receive a subgrant under
this subpart shall submit an application (singly or as a
consortia as described in section 2123(b)) to the State
educational agency at such time as the State educational
230
agency shall require, but not less frequently than every
3rd year.
‘‘(2) If the local educational agency has an applica-
tion approved by the State under title III of the Goals
2000: Educate America Act, the application required by
this section shall be a component of (or, if necessary, an
addendum to) its Goals 2000 application.
‘‘(3) A local education agency shall set specific per-
formance indicators for improving teaching and learning
through professional development and curriculum develop-
ment.
‘‘(4) A local educational agency shall submit, as part
of its application, the results of the needs assessment con-
ducted under subsection (b), and the local educational
agency plan developed in accordance with subsection (c).
‘‘(b) NEEDS ASSESSMENT.—(1) A local educational
agency that wishes to receive a subgrant under this sub-
part shall include in its application an assessment of such
agency’s need for professional development, for the devel-
opment of high quality curricula that are aligned with
State or local content and performance standards.
‘‘(2) Such needs assessment shall be carried out with
the involvement of teachers, including teachers in schools
receiving assistance under part A of title I of this Act,
and shall take into account what activities need to be con-
231
ducted in order to give teachers and administrators the
means, including the knowledge and skills, to provide stu-
dents with the opportunity to meet challenging State or
local performance standards.
‘‘(c) PLAN DEVELOPMENT.—(1) The plan required
under this subsection shall be developed jointly by the local
educational agency and by teachers from the core aca-
demic disciplines.
‘‘(2) Such teachers shall also be representative of the
grade spans within schools to be served and of schools
which receive assistance under part A of title I of this Act.
‘‘(3) Based on the needs assessment required under
subsection (b), the local educational agency’s plan shall
include the following—
‘‘(A) a description of the local educational agen-
cy’s strategy to improve teaching and learning in
every school;
‘‘(B) a description of how the plan contributes
to the local educational agency’s overall efforts for
school reform and educational improvement;
‘‘(C) a description of the activities the local
educational agency intends to undertake under this
subpart consistent with such agency’s needs assess-
ment conducted under subsection (b);
232
‘‘(D) a description of how the plan has main-
tained funding for professional development activi-
ties in mathematics and science education;
‘‘(E) a description of how the activities funded
under this section will address the needs of teachers
in schools receiving assistance under part A of title
I of this Act;
‘‘(F) a description of how programs in all core
academic subjects, but especially in mathematics and
science, will take into account the need for greater
access to, and participation in, such disciplines by
students from historically underrepresented groups,
including females, minorities, individuals with lim-
ited-English proficiency, the economically disadvan-
taged, and the disabled, by incorporating peda-
gogical strategies and techniques which meet their
educational need;
‘‘(G) an assurance that the activities conducted
with funds received under this program will be as-
sessed at least every 3 years using the performance
indicators; and
‘‘(H) a description of how the program funded
under this subpart will be coordinated, as appro-
priate, with—
233
‘‘(i) activities conducted under section
2130 and other services of institutions of higher
education;
‘‘(ii) similar State and local activities;
‘‘(iii) resources provided under part A of
title I and other parts of this Act, particularly
part B of title II;
‘‘(iv) resources from business, industry,
private nonprofit organizations (including muse-
ums, libraries, educational television stations,
community-based organizations, professional or-
ganizations and associations specializing in, or
with a demonstrated expertise in the core aca-
demic disciplines);
‘‘(v) funds or programming from other
Federal agencies, such as the National Science
Foundation, the Department of Energy, the
Department of Health and Human Services, the
National Endowment for the Humanities, and
the National Endowment for the Arts; and
‘‘(vi) an identification of funding that will
provide the local educational agency’s contribu-
tion under section 2127.
234
‘‘SEC. 2127. LOCAL COST SHARING.
‘‘(a) IN GENERAL.—Each local educational agency
shall bear not less than 33 percent of the cost of any pro-
gram carried out under this subpart, but not including the
cost of services provided to private schoolteachers.
‘‘(b) AVAILABLE RESOURCES FOR COST-SHARING.—
A local educational agency may meet the requirements of
subsection (a) through one or more of the following:
‘‘(1) Cash expenditures from non-Federal
sources, including private contributions, directed to-
ward professional development and curriculum devel-
opment activities.
‘‘(2) Release time for teachers participating in
professional development or curricula development
funded under this subpart.
‘‘(3) Funds received under one or more of the
following programs, if used for professional develop-
ment or curricula development activities consistent
with this subpart and consistent with the statutes
under which such funds are provided, then such
funds must be used for the benefit of students and
teachers in the schools that would otherwise have
been served with such funds:
‘‘(A) Part A of title I of this Act.
‘‘(B) The Safe and Drug Free Schools pro-
gram under title IV of this Act.
235
‘‘(C) The bilingual education program
under title VII of this Act.
‘‘(D) The Women’s Educational Equity
Program under title III of this Act.
‘‘(E) Title III of the Goals 2000: Educate
America Act.
‘‘(F) Programs that are related to the pur-
poses of this Act that are administered by other
agencies, including the National Science Foun-
dation, the National Endowment for the Hu-
manities, the National Endowment for the Arts,
and the Department of Energy.
‘‘(c) WAIVER.—The State educational agency may
approve an application which has not fully met the re-
quirements of subsection (a) and waive the requirements
of subsection (a) if a local educational agency can dem-
onstrate that it is unable to meet the requirements of sub-
section (a) due to economic hardship and that compliance
with such requirements would preclude its participation in
the program.
‘‘SEC. 2128. LOCAL ALLOCATION OF FUNDS AND ALLOW-
ABLE ACTIVITIES.
‘‘(a) LOCAL ALLOCATION OF FUNDS.—Each local
educational agency that receives funds under this subpart
for any fiscal year—
236
‘‘(1) shall use not less than 80 percent of such
funds for—
‘‘(A) professional development of teachers,
principals, and other instructional staff who
work directly with children; and
‘‘(B) engaging teachers and other staff in
the development of high quality curricula
aligned with State and local content and per-
formance standards, in a manner that is deter-
mined by such teachers and staff and is consist-
ent with the provisions of such local educational
agency’s application under section 2126, any
school plan under part A of title I of this Act,
and any other plan for professional development
or curricula development carried out with Fed-
eral, State, or local funds; and
‘‘(2) may use not more than 20 percent of such
funds for district-level professional or curricula de-
velopment activities, which may include the partici-
pation of administrators and policymakers if such
activities directly support instructional personnel.
‘‘(b) AUTHORIZED ACTIVITIES.—Each local edu-
cational agency and school that receives funds under this
subpart shall use such funds for activities that give teach-
ers and administrators the knowledge and skills to provide
237
students with the opportunity to meet challenging State
or local content and performance standards. Funds re-
ceived by local educational agencies under this subpart
only shall be used for the activities specified under sub-
sections (c) and (d). No less than 80 percent of those
funds shall be used for activities under subsection (c) and
not more than 20 percent for activities under subsection
(d).
‘‘(c) PROFESSIONAL DEVELOPMENT.—If a needs as-
sessment conducted under section 2126(b) determines
that funds under this subpart should be used to provide
professional development in the core academic subjects for
teachers and other school staff, the local educational agen-
cy shall use such funds for professional development for
teachers and other staff to support teaching consistent
with State, or local content standards, and shall, to the
extent practicable, coordinate such activities with institu-
tions of higher education and activities under section
2129:
‘‘(1) Professional development activities funded
under this subpart shall—
‘‘(A) be tied to challenging State or local
content and student performance standards;
‘‘(B) reflect recent research on teaching
and learning;
238
‘‘(C) incorporates effective strategies, tech-
niques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
limited-English proficient individuals, and eco-
nomically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging performance standards;
‘‘(D) include strong academic content and
pedagogical components;
‘‘(E) be of sufficient intensity and duration
to have a positive and lasting impact on the
teacher’s performance in the classroom; and
‘‘(F) be part of the everyday life of the
school and create an orientation toward contin-
uous improvement throughout the school.
‘‘(2) Funds under this subpart may be used for
professional development activities such as—
‘‘(A) professional development for teams of
teachers, administrators, or other staff from in-
dividual schools, to support teaching consistent
with State or local content standards;
‘‘(B) support and time for teachers and
other school staff to participate in professional
development in the core subjects offered
239
through professional associations, universities,
community-based organizations, and other pro-
viders including museums and educational part-
nership organizations;
‘‘(C) activities that provide followup for
teachers who have participated in professional
development activities that are designed to en-
sure that knowledge and skills learned by the
teacher are implemented in the classroom;
‘‘(D) support for partnerships between
schools, consortia of schools, or local education
agencies and institutions of higher education,
including but not limited to schools of edu-
cation, which would encourage teachers to par-
ticipate in intensive, ongoing professional devel-
opment programs, both academic and peda-
gogical, at institutions of higher education, and
to encourage students at institutions of higher
education studying to become teachers to have
direct, practical experience at the schools;
‘‘(E) the establishment and maintenance of
local professional networks that provide a forum
for interaction among teachers and that allow
exchange of information on advances in content
and pedagogy;
240
‘‘(F) activities to prepare teachers in the
effective use of educational technology as an in-
structional tool for increasing student under-
standing of the core academic subject areas;
‘‘(G) activities to enable teachers to ensure
that girls, young women, minorities, limited-
English proficient students, individuals with
disabilities, and economically disadvantaged in-
dividuals the opportunity to achieve the chal-
lenging State performance standards in the core
academic subjects;
‘‘(H) professional development and recruit-
ment activities designed to increase the number
of minorities, individuals with disabilities, and
females teaching in the core academic subject in
which they are underrepresented;
‘‘(I) the development of incentive strategies
for rewarding schools where a substantial por-
tion of the teachers achieve certification by the
National Board for Professional Teaching
Standards; and
‘‘(J) other sustained and intensive high-
quality professional development activities in
the core academic subjects.
241
‘‘(d) CURRICULUM DEVELOPMENT.—(1) If the needs
assessment of a local educational agency determines that
funds under this subpart should be used for curriculum
development, such agency shall use the funds provided to
develop high quality curricula that is aligned with State
or local content and performance standards.
‘‘(2) Funds may be used to purchase the curriculum
materials to the extent such materials are essential compo-
nents of the local educational agency’s plan to improve
teaching and learning in the core academic subjects.
‘‘SEC. 2129. HIGHER EDUCATION ACTIVITIES.
‘‘(a) GENERAL.—(1) The State agency for higher
education, working in conjunction with the State edu-
cational agency (if it is a separate agency), shall make
grants to, or enter into contracts or cooperative agree-
ments with, institutions of higher education and nonprofit
organizations including museums and educational partner-
ship organizations, which demonstrate consultation and
cooperation with a local education agency, consortium of
local education agencies, or schools, for—
‘‘(A) professional development activities in
the core academic subject areas that contribute
to the State plan for professional development;
‘‘(B) engaging teachers in the development
of high-quality curricula that are aligned with
242
State or local content and performance stand-
ards;
‘‘(C) developing and providing assistance
to local education agencies, and the teachers
and staff of each such agency, for sustained,
high-quality professional development activities;
and
‘‘(D) improving teacher education pro-
grams in order to promote further innovation in
teacher education programs within an institu-
tion of higher education and to better meet the
needs of the local education agencies for well-
prepared teachers;
‘‘(2) All such awards shall be made on a competitive
basis.
‘‘(3) No institution of higher education may receive
assistance under subsection (a)(1) of this subsection un-
less the institution enters into an agreement with a local
education agency, or consortium of such agencies, to pro-
vide sustained, high-quality professional development for
the elementary and secondary school teachers in the
schools of each such agency.
‘‘(4) Each project funded under this section shall in-
volve a joint effort of the recipient’s school or department
243
of education and the schools or departments in the specific
disciplines in which assistance may be provided.
‘‘(b) ALLOWABLE ACTIVITIES.—A recipient of funds
under this section shall use those funds for—
‘‘(1) sustained and intensive high-quality pro-
fessional development for teams of teachers, or
teachers and administrators from individual schools
or districts;
‘‘(2) other sustained and intensive professional
development activities related to achievement of the
State plan for professional development such as—
‘‘(A) establishment and maintenance of
professional networks of teachers that provide a
forum for interaction among teachers and that
allow exchange of information on advances in
content and pedagogy;
‘‘(B) programs that prepare teachers to be
effective users of information technology, able
to integrate technology into their pedagogy and
their instructional practices, and able to en-
hance their curricular offerings by appropriate
applications of technology;
‘‘(C) programs that utilize information
technology to deliver sustained and intensive
244
high quality professional development activities
for teachers;
‘‘(D) activities to enable teachers to ensure
that girls, young women, minorities, limited-
English proficient students, individuals with
disabilities, and economically disadvantaged in-
dividuals have the opportunity to achieve the
challenging State performance standards in the
core academic subjects;
‘‘(E) professional development and recruit-
ment activities designed to increase the number
of minorities, individuals with disabilities, and
other underrepresented groups teaching in the
core academic subjects, particularly in mathe-
matics and science;
‘‘(F) establishment of professional develop-
ment academies operated as partnerships be-
tween one or more elementary or secondary
schools and one or more institutions of higher
education to provide school-based teacher train-
ing that provides prospective, novice, and expe-
rienced teachers with an opportunity to work
under the guidance of master teachers and col-
lege faculty members; and
245
‘‘(G) technical assistance to local edu-
cational agencies in providing sustained and in-
tensive high quality professional development
activities for teachers.
‘‘Subpart 3—General Provisions
‘‘SEC. 2131. REPORTING AND ACCOUNTABILITY.
‘‘(a) STATES.—Each State that receives funds under
this part shall submit a report to the Secretary every 3
years on the State’s progress toward the performance indi-
cator identified in its State plan, as well as on the effec-
tiveness of State and local activities under this part.
‘‘(b) LOCAL EDUCATIONAL AGENCIES.—Each local
educational agency that receives funds under this part
shall submit a report to the State every 3 years on its
progress toward the outcome performance indicators in its
plan.
‘‘(c) FEDERAL EVALUATION.—The Secretary shall
report to the President and Congress on the effectiveness
of programs and activities funded under this part.
‘‘(d) PROHIBITION
ON FUNDS BEING USED
FOR
CONSTRUCTION OR RENOVATION.—Funds received under
this part shall not be used for construction or renovation
of buildings, rooms, or any other facilities.
246
‘‘SEC. 2132. DEFINITIONS.
‘‘As used in this part, the following terms have the
following meanings:
‘‘(1) The term ‘core academic subjects’ means
those subjects listed in the State plan under title III
of the Goals 2000: Educate America Act or under
National Education Goal Three as set out in section
102(3) of such Act.
‘‘(2) The term ‘performance indicators’ means
measures of specific outcomes that the State or local
educational agency identifies as assessing progress
toward the goal of ensuring that all teachers have
the knowledge and skills to assist their students to
meet challenging State standards in the core aca-
demic subject areas. Examples of such indicators in-
clude—
‘‘(A) the degree to which licensure require-
ments are tied to State standards;
‘‘(B) specific increases in the number of el-
ementary and secondary teachers with strong
content backgrounds in the core academic sub-
jects;
‘‘(C) incorporates effective strategies, tech-
niques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
247
limited-English proficient individuals, and eco-
nomically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging performance standards; and
‘‘(D) specific increases in the number of
Board certified teachers licensed in each core
subject.
‘‘(3) The term ‘sustained and intensive high-
quality professional development’ means professional
development activities that—
‘‘(A) are tied to challenging State or vol-
untary national content and performance stand-
ards;
‘‘(B) reflect up-to-date research in teach-
ing and learning and include integrated content
and pedagogical components;
‘‘(C) incorporates effective strategies, tech-
niques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
limited English proficient individuals, and eco-
nomically disadvantaged individuals, in order to
assure that all students have the opportunity to
achieve challenging performance standards;
248
‘‘(D) are of sufficient intensity and dura-
tion to have a positive and lasting impact on
the teacher’s performance in the classroom or
the administrator’s performance on the job; and
‘‘(E) recognize teachers as an important
source of knowledge that should inform and
help shape professional development.
‘‘(4) The term ‘local standard’ means challeng-
ing content and performance standards in the core
subjects (in addition to State content and perform-
ance standards approved by the State for title I).
‘‘PART B—TECHNOLOGY EDUCATION
ASSISTANCE
‘‘Subpart 1—Assistance to State and Local
Educational Agencies
‘‘SEC. 2201. SHORT TITLE.
‘‘This title may be cited as the ‘Technology Education
Assistance Act of 1994’.
‘‘SEC. 2202. FINDINGS.
‘‘The Congress finds that—
‘‘(1) technology can produce far greater oppor-
tunities for all students to learn to high standards
and promote efficiency and effectiveness in edu-
cation;
249
‘‘(2) the use of technology as a tool in the
teaching and learning process is essential to the de-
velopment and maintenance of a technologically lit-
erate citizenry and an internationally competitive
workforce;
‘‘(3) the acquisition and use of technology in
education throughout the United States has been in-
hibited by the absence of Federal leadership, the in-
ability of many State and local educational agencies
to invest in and support needed technologies, and
the limited availability of appropriate technology-en-
hanced curriculum, instruction, teacher training, and
administrative support resources and services in the
educational marketplace;
‘‘(4) educational equalization concerns and
school restructuring needs can be addressed through
educational telecommunications and technology by
offering universal access to high-quality teaching
and programs, particularly in urban and rural areas;
‘‘(5) in the absence of appropriate educational
technology policies, the disparity between rich and
poor students will become even greater in a world
where technology and telecommunications increas-
ingly have become an integral part of many house-
holds;
250
‘‘(6) the increasing use of new technologies and
telecommunications systems in business and industry
has furthered the gap between schooling and work
force preparation;
‘‘(7) telecommunications can be a conduit for
ongoing teacher training and improved professional
development by providing to teachers constant access
to updated research in teaching and learning;
‘‘(8) research consistently shows that the
planned use of technology combined with teachers
who are adequately trained in its use can increase
opportunities for more students to develop higher
order thinking and technical skills than is possible
with traditional instruction;
‘‘(9) technology can engage students in learning
through media with which they are comfortable, and
prove to be an effective learning tool, particularly
when correlated with State and national curriculum
standards;
‘‘(10) schools need new ways of financing the
acquisition and maintenance of educational tech-
nology; and
‘‘(11) the needs for educational technology dif-
fer from State to State.
251
‘‘SEC. 2203. STATEMENT OF PURPOSE.
‘‘The purpose of this Act is to support a comprehen-
sive system for the acquisition and use by elementary and
secondary schools in the United States of technology and
technology-enhanced curricula, instruction, and adminis-
trative support resources and services to improve the deliv-
ery of educational services, such system shall include—
‘‘(1) national leadership with respect to the
need for, and the provision of, appropriate tech-
nology-enhanced curriculum, instruction and admin-
istrative programs to improve learning in the United
States;
‘‘(2) funding mechanisms which will support the
development, interconnection, implementation, im-
provement and maintenance of an effective edu-
cational technology infrastructure;
‘‘(3) information dissemination networks to fa-
cilitate access to information on effective learning
programs, assessment and evaluation of such pro-
grams, research findings, and supporting resources
(including instructionally based, technology-enhanced
programs, research and resources) by educators
throughout the United States;
‘‘(4) an extensive variety of opportunities for
teacher, inservice training, and administrative train-
252
ing and technical assistance with respect to effective
uses of technologies in education;
‘‘(5) utilizing and strengthening, not duplicat-
ing, existing telecommunications infrastructures
dedicated to educational purposes;
‘‘(6) development and evaluation of new and
emerging educational technologies and telecommuni-
cations networks;
‘‘(7) assessment data regarding state-of-the-art
uses of technologies in United States education upon
which commercial and noncommercial telecommuni-
cations entities, and governments can rely on for de-
cisionmaking about the need for, and provision of,
appropriate technologies for education in the United
States; and
‘‘(8) authorize grants to States that—
‘‘(A) improve the academic performance of
students through technology;
‘‘(B) strengthen the skills of teachers in ef-
fectively utilizing technology for student learn-
ing;
‘‘(C) promote the planned application of
technology in education by those who will use
the technology; and
253
‘‘(D) encourage collaborative relationships
between the State agency for higher education,
the State library administrative agency and the
State telecommunications agency for education
and the State educational agency in the area of
technology support to strengthen the system of
education.
‘‘SEC. 2204. DEFINITIONS.
‘‘For purposes of this title—
‘‘(1) the terms ‘library’ and ‘State library ad-
ministrative agency’ shall have the same meaning
given to such terms in section 3 of the Library Serv-
ices and Construction Act (Public Law 84–579);
‘‘(2) the term ‘Regional Education Laboratory’
shall have the same meaning given to such term in
section 405 of the Department of Education Organi-
zation Act (Public Law 96–88);
‘‘(3) the term ‘technology’ includes closed cir-
cuit television systems, public telecommunications
entities, cable television, satellite, copper and fiber
optic transmission, computer, video and audio laser
and CD ROM disc, video and audio tapes or other
technologies;
‘‘(4) the term ‘credit enhancement’ means a fi-
nancial arrangement that enhances the credit quality
254
of the issuer or the financial instrument being used;
and
‘‘(5) the term ‘interoperability’ means the abil-
ity to communicate with operating systems developed
nationally and internationally using multiple network
media.
‘‘SEC. 2205. IN-STATE APPORTIONMENT.
‘‘(a) AUTHORIZATIONS.—The Secretary is authorized
to make grants to States in accordance with the provisions
of this title to strengthen the skills of educators and im-
prove learning through the use of technology.
‘‘(b) ELEMENTARY, SECONDARY EDUCATION PRO-
GRAMS.—(1) For each fiscal year, an amount equal to 70
percent of each State’s allotment under section 2212(a)(2)
shall be used for elementary and secondary education pro-
grams by the State educational agency in accordance with
section 2206.
‘‘(2) Not less than 90 percent of a State’s allotment
under this subsection shall be available to local educational
agencies including services to adults and families of which
not more than 5 percent of the funds available to the local
educational agency for any fiscal year may be used for
local administration.
‘‘(3) Not more than 10 percent of the amount allo-
cated under subsection (a) may be used by the State edu-
255
cational agency for technical assistance and administrative
costs of which not less than 50 percent shall be used for
technical assistance.
‘‘(c) HIGHER EDUCATION PROGRAMS.—(1) For each
fiscal year 20 percent of each State’s allotment under sec-
tion 2212(a)(2) shall be used by the State higher edu-
cation agency designated in the State plan for partnership
programs between local educational agencies, including
educational services to adults and families and higher edu-
cation institutions in accordance with section 2207.
‘‘(2) Not less than 90 percent of the amount available
for this subsection shall be used by the State for grants
to institutions of higher education for partnership pro-
grams in accordance with the provisions of section 2207.
‘‘(3) Not more than 10 percent of the amount allo-
cated to the State’s higher education partnership program
under this section, may be used for the costs incurred for
the evaluation of programs assisted under section 2207;
and for administrative costs of the State’s higher edu-
cation agency designated in the State plan.
‘‘(d) LIBRARY AND LITERACY PROGRAMS.—(1) For
each fiscal year 10 percent of each State’s allocation under
section 2212(a)(2) shall be used by the State library ad-
ministrative agency to support collaborative activities
256
among libraries, literacy programs, and local educational
agencies in accordance with section 2208.
‘‘(2) Not less than 90 percent of the amount available
for this section shall be used by the State for grants to
local public libraries and literacy programs in accordance
with the provisions of section 2208.
‘‘(3) Not more than 10 percent of the amount avail-
able under this section may be used by the State for the
costs incurred for evaluation of programs assisted under
section 2208 and for administrative costs of the State li-
brary administrative agency.
‘‘SEC. 2206. ELEMENTARY AND SECONDARY EDUCATION
PROGRAMS.
‘‘(a) IN GENERAL.—The amount apportioned under
section 2205(b) from each State’s allotment shall be used
by the State educational agency to strengthen elementary
and secondary education programs in accordance with the
provisions of this section.
‘‘(b) LOCAL EDUCATIONAL AGENCIES.—(1) Each
local educational agency, including educational services for
adults and families, shall use the educational technology
funds available under section 2205(b)(2) for—
‘‘(A) developing, adapting, or expanding exist-
ing and new applications of technology to support
the school reform effort; and
257
‘‘(B) funding projects of sufficient size and
scope to improve student learning and, as appro-
priate, support professional development, and pro-
vide administrative support.
‘‘(2) To be eligible to receive educational technology
funds under this section for school or other school man-
aged alternative learning environment, a local educational
agency must submit an application to the State edu-
cational agency. If the local educational agency has an ap-
plication approved by the State under title III of the Goals
2000: Educate America Act, the application required by
this section shall be a component of (or if necessary an
addendum to) its Goals 2000 application. The local edu-
cational agency must also receive State approval of a tech-
nology use plan which includes—
‘‘(A) a description of how the local educational
agency plans to use the financial assistance received
under section 2205(b)(2) to improve the use of tech-
nology in instruction, professional development and
administration;
‘‘(B) a description of how funds under section
2205(b)(2) will be coordinated with other State,
local and Federal resources;
‘‘(C) a description of how the school programs
will use other resources of the community and in-
258
volve public agencies, private industry, institutions
of higher education, public and private nonprofit or-
ganizations, and other appropriate institutions;
‘‘(D) assurances that the programs will be eval-
uated and outcomes reported in terms of the level of
implementation of the technology-based resources
funded by this title, the impact on teaching and
learning, the changes in the school program, and the
extent to which the school will sustain the project
after funding is terminated;
‘‘(E) a description of how the plan will support
State and local content and performance standards;
‘‘(F) provisions to support, as needed, individ-
ual teachers to develop and implement technology-
based intervention projects, including those which
respond to the needs of students with disabilities;
‘‘(G) a description of how the financial assist-
ance will be used as appropriate for the expansion
and improvement of professional development of
teachers and other appropriate personnel regarding
the use of technology, including the educational use
of computers, videos, and telecommunications to en-
hance learning such training and instruction may be
carried out through agreements with public agencies,
private industry, institutions of higher education, re-
259
gional educational laboratories and national research
centers, nonprofit organizations, (including muse-
ums) libraries, educational television stations;
‘‘(H) a description of a strategy for the en-
hanced involvement of parents through the use of
technology; and
‘‘(I) a description of how the plan will address
the needs of students with disabilities.
‘‘(3) A local educational agency for any fiscal year
may apply for financial assistance as part of a consortium
with other local educational agencies, institutions of high-
er education, intermediate educational units, libraries, or
other appropriate educational entities to provide local pro-
grams. The State educational agency may assist in the
formation of consortia between local educational agencies,
providers of educational services for adults and families,
institutions of higher education, intermediate educational
units, libraries, or other appropriate educational entities
to provide services for the teachers and students in a local
educational agency at the request of such local educational
agency.
‘‘SEC. 2207. HIGHER EDUCATION PROGRAMS.
‘‘(a) IN GENERAL.—The amount apportioned under
section 2205(c) from each State’s allotment shall be used
260
by the State for education programs in accordance with
the provisions of this section.
‘‘(b) GRANTS TO INSTITUTIONS OF HIGHER EDU-
CATION.—(1) The State agency for higher education, in
accordance with the State educational technology plan
filed under section 2209, shall make grants available on
a competitive basis to institutions of higher education in
the State which form partnerships with one or more local
educational agencies.
‘‘(2) The amount available under section 2205(c)(2)
shall be used for—
‘‘(A) professional development for new teachers
in the use of technology as an educational tool;
‘‘(B) professional development for elementary,
secondary, adult and family, and vocational school
teachers and training for other appropriate school
personnel to improve their ability to use educational
technology in their teaching; and
‘‘(C) programs to improve student performance
in academic and work skill areas through the use of
technology.
‘‘(3) No institution of higher education may receive
assistance under paragraph (2)(A), (B), and (C) unless
the institution enters into an agreement with a local edu-
cational agency, or consortium of such agencies, to provide
261
professional development for the elementary and second-
ary school teachers in the public and private schools of
the school district of each agency.
‘‘(c) COOPERATIVE PROGRAM.—The State higher
education agency may use funds described in section
2205(c)(2) to achieve the objectives of section 2207 by es-
tablishing cooperative programs among institutions of
higher education, private industry, and non-profit organi-
zations, that include one or more local education agencies,
for the development and dissemination of projects to im-
prove student performance in academic or work skill
areas.
‘‘(d) REPORTING.—In accordance with section
2205(c), 5 percent of the funding available for higher edu-
cation partnerships may be used by the agency for higher
education for evaluating the programs funded under this
section. Reports on the progress of programs shall be pro-
vided to the State educational agency annually.
‘‘SEC. 2208. LIBRARY AND LITERACY PROGRAMS.
‘‘(a) IN GENERAL.—Except as provided in paragraph
(2), the amount apportioned under section 2205(d) from
each State’s allotment under this section shall be used by
the State to assist literacy and education programs in ac-
cordance with the provisions of this section.
262
‘‘(b) GRANTS TO LOCAL PUBLIC LIBRARIES.—(1) In
accordance with the State education technology plan filed
under section 2209, the State library administrative agen-
cy shall make grants available on a competitive basis to
local public libraries in the State which demonstrate in-
volvement of one or more local educational agencies and
literacy programs or organizations in their activities.
‘‘(2) The amount available under section 2205(d)(2)
shall be used for—
‘‘(A) developing programs that help libraries,
local educational agencies, and literacy programs use
technology to share services and resources and de-
velop collaborative activities that improve their per-
formance and that of the students in academic and
work skill areas; and
‘‘(B) professional development for library, lit-
eracy, and other appropriate personnel to improve
their skills in the use of educational technology and
telecommunications.
‘‘(c) COOPERATIVE PROGRAM.—The State library ad-
ministration agency may use funds described in section
2205(d)(2) to achieve the objectives of section 2208 by
establishing cooperative programs among public libraries,
literacy organizations, private industries, and nonprofit
263
education organizations, if such programs include one or
more local educational agencies.
‘‘(d) REPORTING.—In accordance with section
2205(d), funding available for library and literacy pro-
grams may be used by the library administrative agency
for reporting and evaluating the programs funded under
this section. Reports on the progress of programs shall
be provided to the State educational agency annually.
‘‘SEC. 2209. STATE EDUCATIONAL TECHNOLOGY PLAN.
‘‘(a) APPLICATION.—(1) Each State educational
agency which desires to receive a grant under this title
shall, in consultation with the State agency for higher edu-
cation and the State library administrative agency, file a
single educational technology plan with the Secretary of
Education which covers a period of 5 fiscal years. The
State educational agency shall be responsible for funding,
supervising, and coordinating programs described under
this title and shall file the educational technology plan at
such time, in such manner, and containing or accompanied
by such financial, educational and technological informa-
tion as this section requires or as the Secretary may rea-
sonably require.
‘‘(2) Such plan shall be—
‘‘(A) integrated with the State’s plan either ap-
proved or being developed under the Goals 2000:
264
Educate America Act, and shall satisfy the require-
ments of this section that are not already addressed
by that State plan; or
‘‘(B) if the State does not have an approved
plan under the Goals 2000: Educate America Act
and is not developing such a plan, integrated with
other State plans under this Act and satisfy the re-
quirements of this section.
‘‘(b) CONTENTS
OF
THE PLAN.—Each such plan
shall—
‘‘(1) designate the State agency or agencies re-
sponsible for administering the elementary and sec-
ondary adult and family programs under section
2206, and the higher education programs under sec-
tion 2207 and designate the State library adminis-
trative agency to administer the library and literacy
programs under section 2208 in support of improved
student learning;
‘‘(2) describe a financial plan developed by the
State educational agency, which shall describe—
‘‘(A) financial assistance mechanisms to
best fit the technology needs of the State. Such
mechanisms, which must be included in the
plan, may include, but not be limited to—
‘‘(i) grants;
265
‘‘(ii) matching grants;
‘‘(iii) loans;
‘‘(iv) loan guarantees; and
‘‘(v) other credit enhancements.
‘‘(B) describe criteria and approving proce-
dures for submitting applications for programs
described in sections 2206, 2207, and 2208 for
funding assistance under section 2205 within
the State;
‘‘(C) delineate processes for auditing and
monitoring the use of funds by recipients;
‘‘(D) describe priorities for awarding funds
under various funding mechanisms; and
‘‘(E) construe nothing in subsection (b)(2)
to implicitly or explicitly imply that the funds
made available under this subsection, through
whatever mechanism is chosen by the State
agency, and recommended for approval to the
Secretary are backed by the full faith and credit
of the Federal Government;
‘‘(3) designate the State education agency or
another single agency to carry out the financial plan
developed by the State education agency and to allo-
cate funds received under sections 2205 and
266
2212(a)(2). Such designated agency shall be respon-
sible for—
‘‘(A) maintaining appropriate records of al-
location of funds, and, in the case of loans, ade-
quate collection procedures and records;
‘‘(B) reporting annually to the Secretary
on the use of funds received under section
2212(a)(2);
‘‘(4) describe an implementation strategy to co-
ordinate the expenditure of financial assistance paid
under sections 2205 and 2212(a)(2) with other
State and local funds, other Federal funds and re-
sources;
‘‘(5) provide assurances that financial assist-
ance provided under section 2205 shall supplement,
not supplant, State and local funds;
‘‘(6) describe how business, industry, and other
public and private agencies, including libraries, lit-
eracy programs, and institutions of higher education,
can participate in the implementation, ongoing plan-
ning, and support of the plan;
‘‘(7) delineate educational problems and needs
in the State, describe all learning environments sup-
ported by the State plan, and specify how the appli-
cation of technology will address those and other
267
needs including but not limited to the special needs
of—
‘‘(A) urban and rural schools;
‘‘(B) students with disabilities; and
‘‘(C) disadvantaged students;
‘‘(8) provide assurances that—
‘‘(A) during the 5-year period of the plan,
the State shall evaluate its standards for teach-
er preparation in the use of technology; and
‘‘(B) programs conducted with State funds
available under this title shall be evaluated and
an evaluation report shall be submitted to the
Secretary at the close of the third year of fund-
ing;
‘‘(9) describe how the State educational agency
will promote the purchase of equipment by local
school districts and schools that, when placed in op-
eration, will provide the greatest accessibility and eq-
uity for students and meet the highest level of inter-
operability and open system design within the
emerging broad-based electronic information high-
way that includes schools within the State;
‘‘(10) describe the State’s strategy for ensuring
that teachers, administrators and other education
personnel have access to the necessary staff develop-
268
ment and technical assistance to improve teaching
and learning, school administration, and the elec-
tronic transfer of, and access to, information;
‘‘(11) establish a method for continuously gath-
ering and disseminating current and emerging infor-
mation on all aspects of educational technology to all
educators within the State;
‘‘(12) describe how the State’s planned use of
technology is supportive of the national education
goals;
‘‘(13) provide performance indicators and an
evaluation method for the State plan; and
‘‘(14) create a planning process through which
such plan is reviewed and updated periodically.
‘‘(c) APPROVAL
OF PLANS.—(1) The State edu-
cational agency shall submit a plan for approval to the
Secretary who shall expeditiously review such State plan.
‘‘(2) Any State that submits a plan that is not
approved shall receive assistance from the Secretary to im-
prove its plan.
‘‘SEC. 2210. LOCAL EDUCATIONAL TECHNOLOGY PLAN.
‘‘(a) APPLICATION.—A local educational agency that
desires to receive financial assistance under section 2205,
shall submit to the State educational agency (singly or in
conjunction with other local educational agencies, institu-
269
tions of higher education, or an intermediate educational
unit) a plan which covers a 3-year period.
‘‘(b) CONTENTS OF THE PLAN.—A local educational
agency plan shall—
‘‘(1) assure that the programs will be evaluated,
and outcomes reported in terms of —
‘‘(A) the level of implementation of the
technology-based resources funded by this title;
‘‘(B) the impact on teaching and learning;
and
‘‘(C) the extent to which the school or
other appropriate learning environments will
sustain the project after funding is terminated;
‘‘(2) be consistent with district level planning
for educational technology, and shall support the
local and State’s curriculum frameworks;
‘‘(3) make provision for technical support and
professional development as needed for individual
teachers to develop and implement technology-
assisted instruction; and
‘‘(4) provide a strategy for the enhanced in-
volvement of parents through the use of technology.
‘‘SEC. 2211. FEDERAL ADMINISTRATION.
‘‘(a) EVALUATION
PROCEDURES.—The Secretary
shall, with State and local representatives, develop proce-
270
dures for State and local evaluations of the programs
under this title.
‘‘(b) EVALUATION SUMMARY.—The Secretary shall
submit to the Congress 4 years after the enactment of this
bill a summary of the State evaluations of programs under
this subpart.
‘‘SEC. 2212. ALLOCATION OF FUNDS.
‘‘(a) IN GENERAL.—(1) From the amount appro-
priated under section 2213 for any fiscal year, the Sec-
retary shall reserve—
‘‘(A) not more than one half of one percent for
allocation among Guam, American Samoa, the Vir-
gin Islands, the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands according to
their respective needs for assistance under this sub-
part; and
‘‘(B) one half of 1 percent for programs for In-
dian students served by schools funded by the Sec-
retary of the Interior consistent with the purposes of
this subpart;
‘‘(2) The remainder of the amount so appropriated
after meeting the requirements of paragraph (1) shall be
allocated among the States (for purposes of this section,
the District of Columbia and Puerto Rico shall be consid-
271
ered as States) with approved State plans under section
2209 as follows—
‘‘(A) 1⁄2 of such remainder shall be allocated
among the States by allocating to each State an
amount which bears the same ratio to such 1⁄2 of
such remainder as the number of children aged 5 to
17, inclusive, in the State bears to the number of
such children in all States;
‘‘(B) 1⁄2 of such remainder shall be allocated
among the States according to each State’s share of
allocations under part A of title I of the Elementary
and Secondary Education Act of 1965, except that
no State shall receive less than 1⁄2 of 1 percent of
the amount available under this subsection in any
fiscal year or less than the amount allotted to such
State for fiscal year 1988 under title II of the Edu-
cation for Economic Security Act;
‘‘(C) for the purposes of this subsection, the
term ‘‘State’’ does not include Guam, American
Samoa, the Virgin Islands, the Northern Mariana
Islands, or the Trust Territory of the Pacific Is-
lands; and
‘‘(D) the number of children aged 5 to 17, in-
clusive, in the State and in all States shall be deter-
272
mined by the Secretary on the basis of the most re-
cent satisfactory data available to the Secretary.
‘‘(3) The Secretary shall make payments under para-
graphs (1)(A) and (1)(B) on whatever terms the Secretary
determines will best carry out the purposes of title I of
this Act.
‘‘(b) REALLOTMENT OF UNUSED FUNDS.—(1) The
amount of any State’s allotment under subsection (a) for
any fiscal year which the Secretary determines will not
be required for such fiscal year to carry out part B of
title II shall be available for reallotment from time to time,
on such dates during such year as the Secretary may de-
termine, to other States in proportion to the original allot-
ments to such States under subsection (a) for such year,
but with such proportionate amount for any of such other
States being reduced to the extent it exceeds the sum the
Secretary estimates such State needs and will be able to
use for such year.
‘‘(2) The total of reductions under paragraph (1)
shall be similarly reallotted among the States whose pro-
portionate amounts were not so reduced. Any amounts re-
allotted to a State under this subsection during a year
shall be deemed a subpart of its allotment under sub-
section (a) for such year.
273
‘‘SEC. 2213. AUTHORIZATION OF APPROPRIATIONS.
‘‘There 
are 
authorized 
to 
be 
appropriated
$300,000,000 for this subpart for 1995 and such sums
as may be necessary for each of the fiscal years 1996
through 1999.
‘‘Subpart 2—Research, Development, and
Demonstration of Educational Technology
‘‘SEC. 2214. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) technology has the potential to assist and
support the improvement of teaching and learning in
schools and other settings;
‘‘(2) technology can provide students, parents,
teachers, and other education professionals with in-
creased access to information, instruction, and edu-
cational services in schools and other settings, in-
cluding homes, libraries, preschool and child-care fa-
cilities, adult and family education programs, and
postsecondary institutions;
‘‘(3) technology can produce far greater oppor-
tunities for all students to learn to high standards
and to promote efficiency and effectiveness in edu-
cation; and
‘‘(4) the rapidly changing nature of technology
requires coordination and flexibility in Federal
leadership.
274
‘‘(b) PURPOSES.—The purposes of this subpart are
to promote achievement of the National Education Goals
and to increase the opportunity for all students to achieve
to challenging State standards by—
‘‘(1) promoting awareness of the potential of
technology for improving teaching and learning;
‘‘(2) supporting State and local efforts to in-
crease the effective use of technology for education;
‘‘(3) demonstrating ways in which technology
can be used to improve teaching and learning, and
to help ensure that all students have an equal oppor-
tunity to meet challenging State education stand-
ards;
‘‘(4) ensuring the availability of knowledge
drawn from research and experience that can form
the basis for sound State and local decisions about
investment in, and effective uses of, educational
technology;
‘‘(5) promoting high-quality professional devel-
opment opportunities for teachers and administra-
tors on the integration of technology into instruction
and administration;
‘‘(6) ensuring that Federal technology-related
policies and programs facilitate the use of technology
in education; and
275
‘‘(7) ensuring that, as technological advances
are made, the educational uses of these advances are
considered and their applications are developed.
‘‘SEC. 2215. OFFICE OF EDUCATIONAL TECHNOLOGY.
‘‘There is established in the Department an Office of
Educational Technology, which shall be administered by
a Director of Educational Technology appointed by the
Secretary. The Office of Educational Technology, in con-
sultation with other appropriate agencies, shall provide
leadership to the Nation in the use of technology to pro-
mote achievement of the National Education Goals and
to increase opportunities for all students to achieve to
challenging State standards, and shall perform such addi-
tional functions as the Secretary may require.
‘‘SEC. 2216. NATIONAL LONG-RANGE PLAN.
‘‘(a) IN GENERAL.—(1) The Secretary shall develop
and publish by September 30, 1995, and update when ap-
propriate, a national long-range plan to carry out the pur-
poses of this subpart.
‘‘(2) The Secretary shall—
‘‘(A) develop the plan in consultation with other
Federal agencies, State and local education practi-
tioners and policy-makers, experts in technology and
the educational applications of technology, and pro-
viders of technology services and products;
276
‘‘(B) transmit the plan to the President and to
the appropriate committees of the Congress; and
‘‘(C) publish the plan in a form that is readily
accessible to the public.
‘‘(b) CONTENTS OF THE PLAN.—The national long-
range plan shall describe the Secretary’s activities to pro-
mote the purposes of this subpart, including—
‘‘(1) how the Secretary will encourage the effec-
tive use of technology to provide all students the op-
portunity to achieve to challenging State standards,
especially through programs administered by the De-
partment;
‘‘(2) joint activities with other Federal agencies,
such as the National Endowment for the Human-
ities, the National Endowment for the Arts, the Na-
tional Aeronautics and Space Administration, the
National Science Foundation, and the Departments
of Commerce, Energy, Health and Human Services,
and Labor, the National Institute for Literacy, to
promote the use of technology in education, and
training and lifelong learning, including plans for
the educational uses of a national information infra-
structure, and to ensure that the policies and pro-
grams of such agencies facilitate the use of tech-
277
nology for educational purposes to the extent fea-
sible;
‘‘(3) how the Secretary will work with edu-
cators, State and local educational agencies, and ap-
propriate representatives of the private sector to fa-
cilitate the effective use of technology in education;
‘‘(4) how the Secretary will promote—
‘‘(A) increased access to the benefits of
technology for teaching and learning for schools
with high concentrations of children from low-
income families;
‘‘(B) the use of technology to assist in the
implementation of State systemic reform strate-
gies;
‘‘(C) the application of technological ad-
vances to use in education;
‘‘(D) increased opportunities for the pro-
fessional development of teachers in the use of
new technologies; and
‘‘(E) increased access to high quality adult
and family education services through the use
of technology for instruction and professional
development;
‘‘(5) how the Secretary will determine, in con-
sultation with appropriate individuals, organizations,
278
and agencies, the feasibility and desirability of estab-
lishing guidelines and protocols to facilitate effective
use of technology in education; and
‘‘(6) the Secretary’s long-range measurable
goals and objectives relating to the purposes of this
subpart.
‘‘SEC. 2217. FEDERAL LEADERSHIP.
‘‘(a) PROGRAM AUTHORIZED.—(1) In order to pro-
vide Federal leadership in promoting the use of technology
in education, the Secretary, in consultation with the Na-
tional Science Foundation, the Department of Commerce,
and other appropriate Federal agencies, may carry out ac-
tivities designed to achieve the purposes of this subpart
directly or by awarding grants (pursuant to a peer review
process) to, or entering into contracts with, State edu-
cational agencies, local educational agencies, institutions
of higher education, or other public and private nonprofit
or for-profit agencies and organizations.
‘‘(2) For the purpose of carrying out coordinated or
joint activities consistent with the purposes of this sub-
part, the Secretary may accept funds from, and transfer
funds to, other Federal agencies.
‘‘(b) USES OF FUNDS.—The Secretary may use funds
appropriated under this subpart for activities designed to
carry out the purpose of this subpart, and to meet the
279
goals and objectives of the national long-range plan under
section 2216, including—
‘‘(1) planning grants to States and local edu-
cation agencies, to enable such entities to examine
and develop strategies for the effective use of tech-
nology to help achieve the objectives of the Goals
2000: Educate America Act, the School-to-Work Op-
portunities Act of 1994, and the National Literacy
Act;
‘‘(2) development grants to technical assistance
providers, to enable them to improve substantially
the services they offer to educators on the edu-
cational uses of technology, including professional
development;
‘‘(3) consulting with representatives of industry,
elementary and secondary education, higher edu-
cation, adult and family education, and appropriate
experts in technology and its educational applica-
tions in carrying out activities under this subpart;
‘‘(4) research on, and the development of,
guidelines and protocols to facilitate efficient and ef-
fective use of technology in education;
‘‘(5) research on, and the development of, edu-
cational applications of the most advanced and newly
emerging technologies;
281
‘‘(13) the development, demonstration and eval-
uation of a Buddy System Computer Education
grant to each of three States having demonstrated
ability or commitment to computer-based technology
education to establish an education program for stu-
dents in 6th through 8th grades in which computers
are placed and linked in students’ classrooms and
homes; and
‘‘(14) such other activities as the Secretary de-
termines would meet the purposes of this subpart.
‘‘(c) NON-FEDERAL SHARE.—(1) Subject to para-
graph (2), the Secretary is authorized to require any recip-
ient of a grant or contract under this subpart to share
in the cost of its project, which share shall be announced
through a notice in the Federal Register and may be in
the form of cash or in-kind contributions, fairly valued.
‘‘(2) The Secretary may increase the non-Federal
share required of such recipient after the first year of the
recipient’s project, except that such share may not exceed
50 percent at any time during the recipient’s project.
‘‘SEC. 2218. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subpart, there
are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1995 through 1999.
282
‘‘Subpart 3—Star Schools Program
‘‘SEC. 2219. FINDINGS.
The Congress finds that—
‘‘(1) the Star Schools program has helped to
encourage the use of distance learning strategies to
serve multi-State regions primarily by means of sat-
ellite and broadcast television;
‘‘(2) in general, distance learning programs
have been used effectively to provide students in
small, rural, and isolated schools with courses and
instruction, such as science and foreign language in-
struction, that the local educational agency would
not otherwise have been able to provide; and
‘‘(3) distance learning programs could also be
used to—
‘‘(A) provide students of all ages in all
types of schools and educational settings with
greater access to high-quality instruction in the
full range of core academic subjects that would
enable them to meet challenging, internationally
competitive, educational standards;
‘‘(B) expand professional development op-
portunities for teachers;
‘‘(C) contribute to achievement of the Na-
tional Education Goals; and
283
‘‘(D) expand learning opportunities for
everyone.
‘‘SEC. 2220. STATEMENT OF PURPOSE.
‘‘The purpose of this subpart is to encourage the ex-
pansion and use of distance learning programs and tech-
nologies to help—
‘‘(1) improve teaching and learning;
‘‘(2) achieve the National Education Goals;
‘‘(3) all students learn to challenging State con-
tent standards; and
‘‘(4) increase participation in State and local
educational reform.
‘‘SEC. 2221. PROGRAM AUTHORIZED.
‘‘(a) STAR SCHOOL AWARDS.—The Secretary is au-
thorized, in accordance with this subpart, to make grants
to eligible entities for the Federal share of the cost of pro-
viding distance learning programs, including—
‘‘(1) developing, constructing, and acquiring
telecommunications facilities and equipment;
‘‘(2) developing and acquiring instructional pro-
gramming; and
‘‘(3) providing technical assistance regarding
the use of such facilities and instructional program-
ming.
284
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this subpart, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 1995 through 1999.
‘‘(c) LIMITATIONS.—(1) A grant under this section
shall not exceed—
‘‘(A) five years in duration; and
‘‘(B) $10,000,000 in any one fiscal year.
‘‘(2) Not less than 25 percent of the funds available
to the Secretary for any fiscal year under this subpart
shall be used for the cost of instructional programming.
‘‘(3) Not less than 50 percent of the funds available
to the Secretary for any fiscal year under this subpart
shall be used for the cost of facilities, equipment, teacher
training or retraining, technical assistance, or program-
ming, for local educational agencies that are eligible to re-
ceive assistance under part A of title I of this Act.
‘‘(d) FEDERAL SHARE.—(1) The Federal share of
the cost of projects funded under this section shall not
exceed 75 percent for the first and second years of the
award, 60 percent for the third and fourth years, and 50
percent for the fifth year.
‘‘(2) The Secretary may reduce or waive the require-
ment of the non-Federal share under paragraph (1) upon
a showing of financial hardship.
285
‘‘(e) AUTHORITY TO ACCEPT FUNDS FROM OTHER
AGENCIES.—The Secretary is authorized to accept funds
from other agencies to carry out the purposes of this sec-
tion, including funds for the purchase of equipment.
‘‘SEC. 2222. ELIGIBLE ENTITIES.
‘‘(a) ELIGIBLE ENTITIES.—(1) The Secretary may
make a grant under section 2221 to any eligible entity,
provided that at least one local educational agency is par-
ticipating in the proposed project.
‘‘(2) An eligible entity may include—
‘‘(A) a public agency or corporation established
for the purpose of developing and operating tele-
communications networks to enhance educational op-
portunities provided by educational institutions,
teacher training centers, and other entities, except
that any such agency or corporation shall represent
the interests of elementary and secondary schools
that are eligible to participate in the program under
part A of title I of this Act; or
‘‘(B) any two or more of the following, which
will provide a telecommunications network:
‘‘(i) a local educational agency that has a
significant number of elementary and secondary
schools that are eligible for assistance under
part A of title I of this Act, or elementary and
286
secondary schools operated or funded for Indian
children by the Department of the Interior eli-
gible under section 1121(b)(1) of this Act;
‘‘(ii) a State educational agency;
‘‘(iii) adult and family education programs;
‘‘(iv) an institution of higher education or
a State higher education agency;
‘‘(v) a teacher training center or academy
that—
‘‘(I) provides teacher pre-service and
in-service training; and
‘‘(II) receives Federal financial assist-
ance or has been approved by a State
agency;
‘‘(vi)(I) a public or private entity with ex-
perience and expertise in the planning and op-
eration of a telecommunications network, in-
cluding entities involved in telecommunications
through satellite, cable, telephone, or computer;
or
‘‘(II) a public broadcasting entity with
such experience; or
‘‘(vii) a public or private elementary or sec-
ondary school.
287
‘‘SEC. 2223. APPLICATIONS.
‘‘(a) GENERAL REQUIREMENT.—Each eligible entity
that desires to receive a grant under this subpart shall
submit an application to the Secretary in such form, at
such time, and containing such information and assur-
ances as the Secretary may require.
‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each
application for a grant authorized under section 2221
shall—
‘‘(1) describe—
‘‘(A) how the proposed project will assist
in achieving the National Education Goals set
out in title I of the Goals 2000: Educate Amer-
ica Act, how it will assist all students to have
an opportunity to learn to challenging State
standards, how it will assist State and local
educational reform efforts, and how it will con-
tribute to creating a high quality system of life-
long learning;
‘‘(B) the telecommunications facilities and
equipment and technical assistance for which
assistance is sought, which may include—
‘‘(i) the design, development, con-
struction, and acquisition of district,
multidistrict, State, or multistate edu-
288
cational telecommunications networks and
technology resource centers;
‘‘(ii) microwave, fiber optics, cable,
and satellite transmission equipment, or
any combination thereof;
‘‘(iii) reception facilities, satellite time,
production 
facilities, 
and 
other 
tele-
communications equipment capable of serv-
ing the intended geographic area;
‘‘(iv) the provision of training services
to instructors who will be using the facili-
ties and equipment for which assistance is
sought in using such facilities and equip-
ment, and in integrating programs into the
class curriculum; and
‘‘(v) the development of educational
and related programming for use on a tele-
communications network;
‘‘(C) the types of programming that will be
developed to enhance instruction and training,
including an assurance that such programming
will be designed in consultation with profes-
sionals who are experts in the applicable subject
matter and grade level;
289
‘‘(D) how the eligible entity has engaged in
sufficient survey and analysis of the area to be
served to ensure that the services offered by the
eligible entity will increase the availability of
courses of instruction in English, mathematics,
science, foreign languages, arts, history, geog-
raphy, or other disciplines;
‘‘(E) the professional development policies
for teachers and other school personnel to be
implemented to ensure the effective use of the
telecommunications facilities and equipment for
which assistance is sought;
‘‘(F) the manner in which historically un-
derserved students (such as students from low-
income families, limited English proficient stu-
dents, disabled students, or students who have
low literacy skills) and their families will par-
ticipate in the benefits of the telecommuni-
cations facilities, equipment, technical assist-
ance, and programming assisted under this sub-
part;
‘‘(G) 
how 
existing 
telecommunications
equipment, facilities, and services, where avail-
able, will be used;
290
‘‘(H) the activities or services for which as-
sistance is sought, such as—
‘‘(i) providing facilities, equipment,
training services, and technical assistance;
‘‘(ii) making programs accessible to
individuals with disabilities through mecha-
nisms such as closed captioning and de-
scriptive video services;
‘‘(iii) linking networks around issues
of national importance (such as elections)
or to provide information about employ-
ment opportunities, job training, or stu-
dent and other social service programs;
‘‘(iv) sharing curriculum materials be-
tween networks;
‘‘(v) providing teacher and student
support services;
‘‘(vi) incorporating community re-
sources such as libraries and museums into
instructional programs;
‘‘(vii) providing professional develop-
ment for teachers, including, as appro-
priate, training to early childhood develop-
ment and Head Start teachers and staff
291
and vocational education teachers and
staff, and adult and family educators; and
‘‘(viii) providing programs for adults
at times other than the regular school day
in order to maximize the use of tele-
communications facilities and equipment;
and
‘‘(I) how the proposed project as a whole
will be financed and how arrangements for fu-
ture financing will be developed before the
project expires;
‘‘(2) provide an assurance that a significant
portion of any facilities, equipment, technical assist-
ance, and programming for which assistance is
sought for elementary and secondary schools will be
made available to schools in local educational agen-
cies that have a high percentage of children counted
for the purpose of part A of title I of this Act; snf
‘‘(3) provide an assurance that the applicant
will provide such information and cooperate in any
evaluation that the Secretary may conduct under
this subpart.
‘‘(c) PRIORITIES.—The Secretary shall, in approving
applications for grants authorized under section 2221,
give priority to applications that—
292
‘‘(1) propose high-quality plans to assist in
achieving one or more of the National Education
Goals as set out in title I of the Goals 2000: Edu-
cate America Act, would provide instruction consist-
ent with State content standards, or would otherwise
provide significant and specific assistance to States
and local educational agencies undertaking systemic
education reform under title III of the Goals 2000:
Educate America Act;
‘‘(2) would provide servcies to programs serving
adults, especially parents, with low levels of literacy;
and
‘‘(3) would serve schools with significant num-
bers of children counted for the purposes of part A
of title I of this Act.
‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap-
plications for grants authorized under section 2221, the
Secretary shall, to the extent feasible, ensure an equitable
geographic distribution of services.
‘‘SEC. 2224. LEADERSHIP AND EVALUATION ACTIVITIES.
‘‘(a) 
SET-ASIDE.—From 
amounts 
appropriated
under section 2221(b), the Secretary may reserve up to
10 percent for national leadership, evaluation, and peer
review activities.
293
‘‘(b) METHOD OF FUNDING.—The Secretary may
fund the activities described in subsection (a) directly or
through grants, contracts, and cooperative agreements.
‘‘(c) USES OF FUNDS.—(1) Funds reserved for lead-
ership activities may be used for—
‘‘(A) disseminating information, including lists
and descriptions of services available from recipients;
and
‘‘(B) other activities designed to enhance the
quality of distance learning activities nationwide.
‘‘(2) Funds reserved for evaluation activities shall be
used to conduct independent evaluations of the Star
Schools program under this subpart and of distance learn-
ing in general, including—
‘‘(A) analyses of distance learning efforts, in-
cluding both Star Schools projects and efforts not
funded by the program under this subpart; and
‘‘(B) comparisons of the effects, including stu-
dent outcomes, of different technologies in distance
learning efforts.
‘‘(3) Funds reserved for peer review activities may
be used for peer review of both proposals and funded
projects.
294
‘‘SEC. 2225. DEFINITIONS.
‘‘For the purpose of this subpart, the following terms
have the following meanings:
‘‘(1) The term ‘educational institution’ means
an institution of higher education, a local edu-
cational agency, or a State educational agency.
‘‘(2) The term ‘instructional programming’
means courses of instruction and training courses
for elementary and secondary students, teachers,
and others, and materials for use in such instruction
and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented
by means of telecommunications devices.
‘‘(3) The term ‘public broadcasting entity’ has
the same meaning given that term in section 397 of
the Communications Act of 1934.
‘‘Subpart 4—Development of Educational Technology
Products
‘‘SEC. 2226. EDUCATIONAL TECHNOLOGY PRODUCT DEVEL-
OPMENT.
‘‘(a) PURPOSE.—It is the purpose of this section to
support the development of curriculum-based learning re-
sources and systems using state-of-the-art technologies
and techniques designed to improve student learning.
‘‘(b) FEDERAL ASSISTANCE AUTHORIZED.—
295
‘‘(1) IN GENERAL.—The Secretary shall provide
assistance, on a competitive basis, to eligible consor-
tia to enable such entities to develop, produce, and
distribute state-of-the-art technology-enhanced in-
structional resources and programming for use in
the classroom or to support professional development
for teachers.
‘‘(2) GRANTS
AND
LOANS
AUTHORIZED.—In
carrying out the purposes of this section, the Sec-
retary is authorized to pay the Federal share of the
cost of the development, production, and distribution
of state-of-the-art technology enhanced instructional
resources and programming—
‘‘(A) by awarding grants to, or entering
into contracts or cooperative agreements with
eligible consortia; or
‘‘(B) by awarding loans to eligible consor-
tia which—
‘‘(i) shall be secured in such manner
and be repaid within such period, not ex-
ceeding 20 years, as may be determined by
the Secretary;
‘‘(ii) shall bear interest at a rate de-
termined by the Secretary which shall be
not more than the total of one-quarter of
296
1 percent per annum added to the rate of
interest paid by the Secretary on funds ob-
tained from the Secretary of the Treasury;
and
‘‘(iii) may be forgiven by the Sec-
retary, in an amount not to exceed 25 per-
cent of the total loan, under such terms
and conditions as the Secretary may con-
sider appropriate.
‘‘(3) FEDERAL SHARE.—The Secretary shall re-
quire any recipient of a grant, contract, or loan
under this section to share in the cost of the activi-
ties supported with such assistance.
‘‘(4) ELIGIBLE CONSORTIUM.—For the purpose
of this section, the term ‘eligible consortium’ means
a consortium consisting of—
‘‘(A) State or local educational agencies in
partnership with business, industry, or tele-
communications entity;
‘‘(B) a business, industry, or telecommuni-
cations entity;
‘‘(C) a public or private nonprofit organi-
zation; or
‘‘(D) an institution of higher education.
297
‘‘(5) PRIVATE SECTOR ADVISORY BOARD.—The
Secretary shall establish an advisory board which
shall provide advice and counsel to the Secretary
concerning the most effective means of implementing
the provisions of this section. Such board shall—
‘‘(A) include educators, school administra-
tors, and policymakers knowledgeable about the
technology and curriculum needs of State and
local education agencies, and adult and family
educators;
‘‘(B) include representatives of private for-
profit and nonprofit entities engaged in the pro-
duction and development of educational soft-
ware and other technology-based learning re-
sources;
‘‘(C) make recommendations to the Sec-
retary concerning the types and terms of Fed-
eral financial assistance which promise to be
most effective in advancing the purposes of this
section; and
‘‘(D) regularly evaluate the implementation
of this section.
‘‘(6) 
PRIORITIES.—In 
awarding 
assistance
under this section, the Secretary shall give priority
298
to applications describing programs or systems
that—
‘‘(A) promote the acquisition of higher-
order thinking skills and promise to raise the
achievement levels of all students, particularly
disadvantaged students who are not realizing
their potential;
‘‘(B) are aligned with challenging content
standards and State and local curriculum
frameworks;
‘‘(C) may be adapted and applied nation-
ally at a reasonable cost;
‘‘(D) covert technology resources developed
with support from the Department of Defense
and other Federal agencies for effective use in
the classroom;
‘‘(E) promise to reduce the costs of provid-
ing high-quality instruction; and
‘‘(F) promise to expand access to high-
quality instruction in content areas which would
otherwise not be available to students in rural
and urban communities or who attend other
educational agencies with limited financial re-
sources.
299
‘‘(7) REQUIREMENTS
FOR
FEDERAL
ASSIST-
ANCE.—Each eligible consortium desiring Federal
assistance under this section shall submit an appli-
cation to the Secretary at such time and in such
manner as the Secretary may prescribe. Each appli-
cation shall include—
‘‘(A) a description of how the program or
system shall improve the achievement levels of
students of all ages;
‘‘(B) a description of how teachers associ-
ated with the program will be trained to inte-
grate technology in the classroom;
‘‘(C) a description of how the design, de-
velopment, piloting, field testing, and distribu-
tion of the program or system will be carried
out;
‘‘(D) an assurance that the program or
system shall effectively serve a large number or
percentage of economically disadvantaged stu-
dents;
‘‘(E) plans for dissemination to a wide au-
dience of learners; and
‘‘(F) provisions for closed captioning or de-
scriptive video where appropriate.
300
‘‘(c) EVALUATION.—The Secretary shall provide for
the independent evaluation of programs or systems devel-
oped with assistance under this section and shall regularly
collect and disseminate to State and local educational
agencies and to the public information about the useful-
ness and effectiveness of such programs or systems.
‘‘(d) ROYALTIES.—Notwithstanding any other provi-
sion of law, the Secretary is authorized to require that
a portion of any royalty paid as a result of assistance pro-
vided under this section be deposited in a central fund for
the purposes of—
‘‘(1) recovering all or part of the Federal share
of the costs of developing, producing, and distribut-
ing the product for which such royalty is paid; and
‘‘(2) carrying out the provisions of this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $50,000,000 for fiscal year 1995 and
such sums as may be necessary for fiscal years 1996,
1997, 1998, and 1999.
‘‘PART C—LIBRARY MEDIA PROGRAM
‘‘SEC. 2231. ESTABLISHMENT OF PROGRAM.
‘‘The Secretary shall award grants from allocations
under section 2232 to States for the acquisition of school
library media resources for the use of students, library
301
media specialists, and teachers in elementary and second-
ary schools.
‘‘SEC. 2232. ALLOCATION TO STATES.
‘‘From the amount appropriated pursuant to section
2205 in each fiscal year, the Secretary shall allocate to
each State having an approved plan under section 2233
as follows:
‘‘(1) For appropriations below $50,000,000, at
the discretion of the Secretary, taking into account
such factors as the age and condition of the State’s
existing library media collections.
‘‘(2) For appropriations of $50,000,000 and
above to each State an amount which bears the
same ratio to such funds as the amount such State
received under section 1122 of title I bears to the
amount all States received under section 1122 in
such year; except that no State shall receive less
than one-half of one percent of such funds.
‘‘SEC. 2233. STATE PLANS.
‘‘(a) IN GENERAL.—In order for a State to receive
an allocation of funds under section 2232 for any fiscal
year, such State shall have in effect for such fiscal year
a State plan. Such plan shall—
302
‘‘(1) designate the State educational agency as
the State agency responsible for the administration
of the program described in this part;
‘‘(2) set forth a program under which funds
paid to the State from its allocation under section
2202 will be expended solely for—
‘‘(A) acquisition of school library media re-
sources, including foreign language resources,
for the use of students, school library media
specialists, and teachers in elementary and sec-
ondary schools in the United States; and
‘‘(B) administration of the State plan, in-
cluding development and revision of standards,
relating to school library media resources; ex-
cept that the amount used for administration of
the State plan in any fiscal year shall not ex-
ceed 5 percent of the amount allocated to such
State under section 2232 for such fiscal year;
and
‘‘(3) set forth the criteria to be used in allotting
funds for school library media resources among the
local educational agencies of the State, which allot-
ment shall take into consideration the relative need
of the students, school media specialists, and teach-
ers to be served.
303
‘‘(b) PLAN SUBMISSION.—The State plan may be
submitted as part of a consolidated application under sec-
tion 9302.
‘‘SEC. 2234. DISTRIBUTION OF ALLOCATION TO LOCAL EDU-
CATIONAL AGENCIES.
‘‘From the funds allocated to a State under section
2202 in each fiscal year, such State shall distribute not
less than 99 percent of such funds in such year to local
educational agencies within such State according to the
relative enrollment of students in elementary and second-
ary schools within the school districts of such State, ad-
justed to provide higher per-pupil allotments to local edu-
cational agencies that have the greatest number or per-
centages of students whose education imposes a higher
than average cost per child, such as those students—
‘‘(1) living in areas with high concentrations of
low-income families;
‘‘(2) from low-income families; and
‘‘(3) living in sparsely populated areas.
‘‘SEC. 2235. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $200,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996,
1997, 1998, and 1999.
304
‘‘PART D—SUPPORT AND ASSISTANCE FOR ESEA
PROGRAMS
‘‘SEC. 2341. FINDINGS.
‘‘The Congress finds that—
‘‘(1) high-quality technical assistance can en-
hance the improvements in teaching and learning
achieved through the implementation of programs
under this Act;
‘‘(2) comprehensive technical assistance and ef-
fective program dissemination are essential ingredi-
ents of the overall strategy of the reauthorization of
this Act to improve programs and to provide all chil-
dren opportunities to meet challenging State per-
formance standards;
‘‘(3) States, local educational agencies, tribes,
and schools serving students with special needs, such
as students with limited English proficiency, have
great need for comprehensive technical assistance in
order to use funds under this Act to provide such
students with opportunities to learn to challenging
State standards;
‘‘(4) current technical assistance and dissemina-
tion efforts are fragmented and categorical in na-
ture, and thus fail to address adequately the needs
of States and local educational agencies and tribes
for help in integrating into a coherent strategy for
305
improving teaching and learning the various pro-
grams under this Act with State and local programs
and other education reform efforts;
‘‘(5) too little creative use is made of technology
as a means of providing information and assistance
in a cost-effective way;
‘‘(6) comprehensive technical assistance can
help schools and school systems focus on improving
opportunities for all children to reach challenging
State performance standards, as they implement
programs under this Act;
‘‘(7) comprehensive technical assistance would
provide coordinated assistance to help States, local
educational agencies, tribes, participating colleges
and universities, and schools integrate Federal,
State, and local education programs in ways that
contribute to improving schools and entire school
systems;
‘‘(8) technical assistance in support of pro-
grams under this Act should be coordinated with the
Department’s regional offices, the regional edu-
cational laboratories, State Literacy Resource Cen-
ters, vocational resource centers, and other technical
assistance efforts supported by the Department;
306
‘‘(9) technical assistance providers should
prioritize assistance to local educational agencies
and schools; and
‘‘(10) technical assistance should both encour-
age the integration of categorical programs and en-
sure that students with special needs, such as lim-
ited English proficiency students, are served fully.
‘‘SEC. 2342. PURPOSE.
‘‘The purpose of this part is to create a national tech-
nical assistance and dissemination system to make avail-
able to States, local educational agencies, tribes, schools,
and other recipients of funds under this Act technical as-
sistance in—
‘‘(1) implementing programs authorized by this
Act in a manner that improves teaching and learn-
ing for all students;
‘‘(2) coordinating those programs with other
Federal, State, and local education plans and activi-
ties, so that all students are provided opportunities
to meet challenging State performance standards, in
particular students at risk of educational failure;
and
‘‘(3) adopting, adapting, and implementing
promising and proven practices for improving teach-
ing and learning.
307
‘‘SEC. 2343. PROGRAMS AUTHORIZED.
‘‘(a) COMPREHENSIVE ASSISTANCE CENTERS.—The
Secretary is authorized to award grants or enter into con-
tracts with public or private nonprofit entities or consortia
to establish a networked system of 15 centers to provide
comprehensive research-based training and technical as-
sistance to States, local educational agencies, schools,
tribes, community-based organizations, and other recipi-
ents of funds under this Act in their administration and
implementation of programs authorized by this Act. In es-
tablishing centers and allocating resources among the cen-
ters, the Secretary shall consider the geographic distribu-
tion of title I students; the geographic and linguistic dis-
tribution of students of limited English proficiency; the
geographic distribution of Indian students; the special
needs of students living in rural areas; and the special
needs of States and territories in geographic isolation.
‘‘(b) STATE-BASED ASSISTANCE.—The Secretary is
authorized to award grants or enter into contracts with
public and private nonprofit entities to establish an assist-
ance agency in each State and territory and in the Bureau
of Indian Affairs. This program shall be called the Na-
tional Diffusion Network and will assist States, local edu-
cational agencies, schools, and other appropriate edu-
cational entities in identifying and securing appropriate,
high-quality technical assistance, provide information on
308
and assistance in adopting effective programs and prac-
tices, and work cooperatively with the Comprehensive As-
sistance Centers to improve teaching and learning and
raise standards for all students.
‘‘(c) ACCOUNTABILITY.—To ensure the quality and
effectiveness of the technical assistance system supported
under this part, the Secretary shall—
‘‘(1) provide for an external peer review (includ-
ing representatives of the populations served under
this Act) of the centers under this part every 2
years;
‘‘(2) develop, in consultation with the Assistant
Secretary for Elementary and Secondary Education,
the Director of Bilingual Education and Minority
Languages Affairs, and the Assistant Secretary for
Educational Research and Improvement, a set of
performance indicators, for use during the peer re-
views required by paragraph (1), that assesses
whether the work of the centers assists in improving
teaching and learning under this Act for all children,
in particular children at risk of educational failure;
‘‘(3) require each center to publish, and dis-
seminate widely throughout its region, an annual re-
port on its services and accomplishments and how
those services and accomplishments relate to the
309
performance indicators developed under paragraph
(2);
‘‘(4) conduct periodic surveys of users of the
centers’ services to determine if users are satisfied
with the access to and quality of such services;
‘‘(5) collect, as part of the Department’s re-
views of programs under this Act, information about
the availability and quality of services provided by
the centers, and share that information with the
centers;
‘‘(6) take whatever steps are reasonable and
necessary to ensure that each center performs its re-
sponsibilities in a satisfactory manner, which may
include termination of an award under this part (if
the Secretary concludes that performance has been
unsatisfactory) and the selection of a new center, as
well as whatever interim arrangements the Secretary
determines are necessary to ensure the satisfactory
delivery of services under this part to the affected
region; and
‘‘(7) provide for an independent evaluation of
the comprehensive assistance centers and the Na-
tional Diffusion Network authorized by this part and
report the results of that evaluation to Congress
prior to the next reauthorization of this Act.
310
‘‘(d) CONTRACT
PERIOD.—Grants or contracts
awarded under this section shall be awarded for a period
of 5 years following the extension of contracts and grants
under section 2346(d).
‘‘SEC. 2344. REQUIREMENTS OF COMPREHENSIVE ASSIST-
ANCE CENTERS.
‘‘Each comprehensive assistance center established
under section 2343(a)—
‘‘(1) shall maintain staff expertise in at least all
of the following areas:
‘‘(A) Instruction, curriculum improvement,
assessment, school reform, and other aspects of
title I of this Act.
‘‘(B) Meeting the needs of children served
under this Act, including children in high-pov-
erty areas, migratory children, immigrant chil-
dren, children with limited English proficiency,
neglected or delinquent children, homeless chil-
dren and youth, Indian children, and children
with disabilities and where applicable, Alaskan
Native children and Native Hawaiian children.
‘‘(C) Professional development for teach-
ers, other school staff, and administrators to
help students meet challenging State perform-
ance standards.
311
‘‘(D) Bilingual education, including pro-
grams that emphasize English and native lan-
guage proficiency and promote multicultural
understanding.
‘‘(E) Safe and drug-free schools.
‘‘(F) Educational applications of tech-
nology.
‘‘(G) Parent involvement and participation.
‘‘(H) The reform of schools and school sys-
tems.
‘‘(I) Program evaluation.
‘‘(J) Coordination of services.
‘‘(K) School governance and management.
‘‘(L) Partnerships between the public and
private sector, including the formation of part-
nerships between schools and businesses;
‘‘(2) shall ensure, where appropriate, staff ex-
pertise in the special needs of students living in
rural areas and in the special needs of local edu-
cation agencies serving rural areas;
‘‘(3) shall ensure that technical assistance staff
have sufficient training, knowledge, and expertise in
how to integrate and coordinate programs under this
Act with each other, as well as with other Federal,
State, and local programs and reforms, and reflect
312
the diverse linguistic and cultural expertise appro-
priate to the region served;
‘‘(4) shall provide technical assistance using the
highest quality and most cost-effective strategies
possible;
‘‘(5) shall coordinate services, work coopera-
tively, and regularly share information with the re-
gional education laboratories, the Eisenhower Re-
gional Math and Science consortia, research and de-
velopment centers, State literacy centers, and other
entities engaged in research, development, dissemi-
nation, and technical assistance activities which are
supported by the Department of Education as part
of a Federal technical assistance system, to provide
a broad range of support services to schools in the
region while minimizing the duplication of such serv-
ices; and
‘‘(6) shall provide services to States, local edu-
cational agencies, tribes, and schools through or in
coordination with the State Facilitators of the Na-
tional Diffusion Network as authorized in section
2343(b) in order to better implement the purposes
of this section and provide the support and assist-
ance diffusion agents need to carry out their mission
effectively.
313
‘‘SEC. 2345. DUTIES OF COMPREHENSIVE ASSISTANCE CEN-
TERS.
‘‘(a) IN GENERAL.—Each center established under
section 2343(a) shall provide comprehensive, integrated
technical assistance services focused on improving teach-
ing and learning.
‘‘(b) SUPPORT
AND ASSISTANCE.—Comprehensive
centers shall provide support and assistance to State edu-
cational agencies, tribal divisions of education, local edu-
cational agencies, schools, and other grant recipients
under this Act in—
‘‘(1) the development of plans for integrating
programs under this Act with other Federal pro-
grams and with State, local and tribal reform
efforts;
‘‘(2) the development, selection, and use of
challenging, high-quality curricula aligned with high
standards and assessments;
‘‘(3) the identification, adaptation, or develop-
ment of instructional strategies and materials which
meet the needs of children receiving assistance under
this Act;
‘‘(4) the development of valid, reliable, and non-
discriminatory systems of assessment which reflect
recent advances in the field of education assessment;
314
‘‘(5) the development, selection, and implemen-
tation of effective schoolwide projects;
‘‘(6) improving the capacity of educators, school
administrators, counselors, and other school person-
nel to assist students to reach challenging standards,
especially those students furthest from such stand-
ards, through the expansion and strengthening of
professional development activities;
‘‘(7) expanding and improving opportunities for
parents to participate in the education of their chil-
dren at home and at school;
‘‘(8) creating safe and drug-free environments,
especially in areas experiencing high levels of drug
use and violence in the community and schools;
‘‘(9) the coordination of services and programs
to meet the needs of students so that they can fully
participate in the educational program of the school;
‘‘(10) the evaluation of educational programs;
‘‘(11) educational applications of technology,
when appropriate, in coordination with the regional
mathematics and science education consortia;
‘‘(12) reforming the governance and manage-
ment of schools; and
‘‘(13) establishing public/private education part-
nerships, including school/business partnerships.
315
‘‘(c) ADDITIONAL DUTIES.—Additional duties in-
clude—
‘‘(1) assisting States, local educational agencies,
tribal divisions of education, and schools in replicat-
ing and adapting exemplary and promising edu-
cational programs, policies, and practices through or
in coordination with the National Diffusion Network
State Facilitator;
‘‘(2) assisting State educational agencies and
local educational agencies to develop school support
teams to work with schoolwide programs under title
I of this Act; and
‘‘(3) assisting State educational agencies, local
educational agencies, and the National Diffusion
Network State Facilitators to increase their capacity
to provide high-quality technical assistance in sup-
port of programs under this Act.
‘‘SEC. 2346. SERVICE AND APPLICATION REQUIREMENTS.
‘‘(a) MAINTENANCE
OF SERVICE.—The Secretary
shall ensure that the comprehensive assistance centers
funded under this part provide technical assistance serv-
ices that address the needs of bilingual, migrant, immi-
grant, and Indian students that are at least comparable
to the level of such technical assistance services provided
under programs administered by the Secretary prior to the
316
date of the enactment of the Improving America’s Schools
Act of 1994.
‘‘(b) MINIMUM FUNDS.—
‘‘(1) MAINTENANCE OF EFFORT.—In awarding
grants or contracts for comprehensive assistance
centers, the Secretary shall ensure that the propor-
tion of funds used to provide services that address
the needs of limited-English-proficient, immigrant,
and migrant students shall be no less than the pro-
portion of funds expended under grants or contracts
expiring in fiscal year 1995 for categorical technical
assistance centers serving limited-English-proficient
and migrant students.
‘‘(2) INDIAN STUDENTS.—In awarding grants
or contracts for comprehensive assistance centers,
the Secretary shall ensure that the proportion of
funds used to provide services that address the need
of Indian students through the comprehensive cen-
ters established in section 2343(a) shall be no less
than the proportion of funds expended under grants
or contracts expiring in fiscal year 1995 for tech-
nical assistance centers serving Indian students.
‘‘(c) APPLICATION.—Applications for funds under
subsection (a)(2) shall include how centers will—
317
‘‘(1) provide expertise in the areas listed in sec-
tion 2344(l);
‘‘(2) work with the National Diffusion Network
authorized in section 2343(b) to conduct outreach to
local educational agencies prioritized in section
2348;
‘‘(3) demonstrate support from States and local
educational agencies and tribes in the area to be
served;
‘‘(4) ensure a fair distribution of services to
urban and rural areas;
‘‘(5) utilize technology to provide technical as-
sistance; and
‘‘(6) provide other information the Secretary
may require.
In approving applications to comprehensive centers serv-
ing Indian students, the Secretary shall give priority to
applications from consortia that include Indian edu-
cational agencies, organizations, or institutions.
‘‘(d) TRANSITION.—The Secretary shall, notwith-
standing any other provision of law, use funds appro-
priated under section 2351 to extend or continue existing
contracts and grants for categorical technical assistance
centers and for National Diffusion Network State
Facilitator and Developer Demonstrators through fiscal
318
year 1995 and take other necessary steps to ensure a
smooth transition of this part.
‘‘SEC. 2347. STATE-BASED ACTIVITIES.
‘‘(a) PURPOSES.—The Secretary shall establish a
State-based outreach, dissemination, training, and con-
sultation component of the National Technical Assistance
and Dissemination System through the National Diffusion
Network and its State Facilitators.
‘‘(b) IN GENERAL.—The Department of Education,
through the Office of Educational Research and Improve-
ment shall award grants or enter into contracts with pub-
lic or private nonprofit educational organizations or insti-
tutions in each State with demonstrated experience, exper-
tise, and commitment in the areas of applied education
research and program dissemination to carry out activities
described in subsection (c).
‘‘(c) 
NATIONAL
DIFFUSION
NETWORK
STATE
FACILITATORS.—National 
Diffusion 
Network 
State
Facilitators shall work in coordination with the com-
prehensive assistance centers to assist State educational
agencies, local educational agencies, tribal divisions of
education, schools, family and adult literacy programs,
and other appropriate educational entities to—
319
‘‘(1) define their technical assistance needs and
align them with school reform, professional develop-
ment, and technology plans;
‘‘(2) secure the technical assistance services
that can best fulfill their needs by utilizing Depart-
ment of Education technical assistance centers, re-
gional education laboratories, Eisenhower Regional
consortia, State Literacy Resource Centers, and
other technical assistance providers including local
providers of professional development services;
‘‘(3) identify educational technology needs and
secure the necessary technical assistance to address
them;
‘‘(4) prepare for on-site, intensive technical as-
sistance provided by the comprehensive centers, labs,
or other service providers;
‘‘(5) utilize technology, including regional and
national electronic networks, to increase their access
to technical assistance, professional development
services, and dissemination of exemplary practices
and materials;
‘‘(6) deliver high-quality professional develop-
ment services to their school-based educators; and
‘‘(7) provide organizational development serv-
ices to facilitate school-based change.
320
‘‘(d) ADDITIONAL DUTIES.—In addition, National
Diffusion Network State Facilitators shall—
‘‘(1) disseminate information about school re-
form and effective and promising practices and help
local educational agencies and schools adapt them to
their needs;
‘‘(2) facilitate communications between edu-
cators to assist the sharing of promising practices
and to foster school reform and professional develop-
ment;
‘‘(3) coordinate their activities with school sup-
port teams and distinguished educators in their
State;
‘‘(4) coordinate, work cooperatively with, and
regularly share information with the comprehensive
centers, the Regional Education Laboratories, and
other entities engaged in research, development, dis-
semination, and technical assistance activities which
are supported by the Department of Education;
‘‘(5) develop and implement an aggressive out-
reach plan for reaching the local educational agen-
cies and schools identified as priorities in section
2308; and
‘‘(6) provide technical, dissemination, and sup-
port assistance to States, local educational agencies,
321
and schools using the highest quality and most cost-
effective methods available.
‘‘(e) NATIONAL DIFFUSION NETWORK EFFECTIVE
PRACTICES.—The Secretary shall develop a system of vali-
dating effective programs and promising practices for dis-
semination through the National Diffusion Network. Such
programs may include exemplary programs funded
through any office of the Department of Education, the
National Science Foundation, or other Federal agencies.
Such a system should be coordinated, aligned with, and
administered by the Office of Educational Research and
Improvement Office of Reform Assistance and Dissemina-
tion. The Secretary shall give priority to identifying, vali-
dating, and disseminating effective schoolwide projects,
programs addressing the needs of high poverty schools,
and programs with the capacity to offer high-quality, sus-
tained technical assistance. The Office of Educational Re-
search and Improvement Office of Reform Assistance and
Dissemination shall also administer a grants program to
such validated Effective Practices for the purpose of dis-
semination and the provision of technical assistance.
‘‘SEC. 2348. PROGRAM PRIORITIES.
‘‘Both the comprehensive centers and the National
Diffusion Network shall give priority service to schoolwide
projects and to local educational agencies, and Bureau of
322
Indian Affairs schools with the highest percentage or num-
bers of poor children.
‘‘SEC. 2349. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
‘‘The Secretary is also authorized to provide a tech-
nology-based technical assistance service that will—
‘‘(1) support the administration and implemen-
tation of programs authorized by this Act by provid-
ing information, including legal and regulatory infor-
mation, and technical guidance and information
about best practices; and
‘‘(2) be accessible to all States, local edu-
cational agencies, schools, and others who are recipi-
ents of funds under this Act.
‘‘SEC. 2350. ADMINISTRATION.
‘‘The program authorized by this part shall be jointly
administered by the Assistant Secretary for Elementary
and Secondary Education, the Director of Bilingual Edu-
cation and Minority Languages Affairs, and the Assistant
Secretary for Educational Research and Improvement.
‘‘SEC. 2351. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purposes of carrying out this part, there are
authorized to be appropriated $70,000,000 for fiscal year
1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999. Of the funds
appropriated under this part, not less than $25,000,000
323
shall be made available to support activities of the Na-
tional Diffusion Network authorized in section 2343(b).
‘‘PART E—INNOVATIVE EDUCATION PROGRAM
STRATEGIES
‘‘SEC. 2401. FINDINGS AND STATEMENT OF PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that chapter 2
of the Education Consolidation and Improvement Act of
1981 has been successful in achieving the goals of increas-
ing local flexibility, reducing administrative burden, pro-
viding services for private school students, encouraging in-
novation, and contributing to the improvement of elemen-
tary and secondary educational programs.
‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of
programs under this part:
‘‘(1) To support local education reform efforts
which are consistent with and support statewide re-
form efforts under Goals 2000: Educate America
Act.
‘‘(2) To support State and local efforts to ac-
complish the National Education Goals.
‘‘(3) To provide funding to enable State and
local educational agencies to implement promising
educational reform programs that can be supported
by State and local sources of funding after such pro-
grams are demonstrated to be effective.
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‘‘(4) To provide a continuing source of innova-
tion, educational improvement, and support for li-
brary services and instructional materials, including
media materials.
‘‘(5) To meet the special educational needs of
at risk and high cost students.
‘‘(c) STATE
AND
LOCAL
RESPONSIBILITY.—The
basic responsibility for the administration of funds made
available under this part is within the State educational
agencies, but it is the intent of Congress that the respon-
sibility be carried out with a minimum of paperwork and
that the responsibility for the design and implementation
of programs assisted under this part will be mainly that
of local educational agencies, school superintendents and
principals, and classroom teachers and supporting person-
nel, because they have the most direct contact with stu-
dents and are most likely to be able to design programs
to meet the educational needs of students in their own
districts.
‘‘SEC. 2402. AUTHORIZATION OF APPROPRIATIONS; DURA-
TION OF ASSISTANCE.
‘‘(a) AUTHORIZATION.—To carry out the purposes of
this part, there are authorized to be appropriated
$435,000,000 for fiscal year 1995 and such sums in each
of the fiscal years 1996 through 1999.
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‘‘(b) DURATION OF ASSISTANCE.—During the period
beginning October 1, 1994, and ending September 30,
1999, the Secretary shall, in accordance with the provi-
sions of this part, make payments to State educational
agencies for the purpose of this section.
‘‘SEC. 2403. DEFINITION.
‘‘For the purposes of this part the term ‘effective
schools programs’ means school-based programs that may
encompass preschool through secondary school levels and
that have the objectives of (1) promoting school-level plan-
ning, instructional improvement, and staff development,
(2) increasing the academic achievement levels of all chil-
dren and particularly educationally deprived children, and
(3) achieving as ongoing conditions in the school the fol-
lowing factors identified through effective schools research
as distinguishing effective from ineffective schools:
‘‘(A) Strong and effective administrative and
instructional leadership that creates consensus on in-
structional goals and organizational capacity for in-
structional problem solving.
‘‘(B) Emphasis on the acquisition of basic and
higher order skills.
‘‘(C) A safe and orderly school environment
that allows teachers and pupils to focus their ener-
gies on academic achievement.
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‘‘(D) A climate of expectation that virtually all
children can learn under appropriate conditions.
‘‘(E) Continuous assessment of students and
programs to evaluate the effects of instruction.
‘‘Subpart 1—State and Local Programs
‘‘SEC. 2411. ALLOTMENT TO STATES.
‘‘(a) RESERVATIONS.—From the sums appropriated
to carry out this subpart in any fiscal year, the Secretary
shall reserve not to exceed 1 percent for payments to
Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, and Palau (until the effective date of the
Compact of Free Association with the Government of
Palau), to be allotted in accordance with their respective
needs.
‘‘(b) ALLOTMENT.—From the remainder of such
sums the Secretary shall allot to each State an amount
which bears the same ratio to the amount of such remain-
der as the school-age population of the State bears to the
school-age population of all States, except that no State
shall receive less than an amount equal to one-half of 1
percent of such remainder.
‘‘(c) DEFINITIONS.—For purposes of this subpart—
‘‘(1) The term ‘school-age population’ means
the population aged 5 through 17.
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‘‘(2) The term ‘States’ includes the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
‘‘SEC. 2412. ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) DISTRIBUTION RULE.—From the sums made
available each year to carry out this part, the State edu-
cational agency shall distribute not less than 85 percent
to local educational agencies within such State according
to the relative enrollments in public and private, nonprofit
schools within the school districts of such agencies, ad-
justed, in accordance with criteria approved by the Sec-
retary, to provide higher per pupil allocations to local edu-
cational agencies which have the greatest numbers or per-
centages of children whose education imposes a higher
than average cost per child, such as—
‘‘(1) children living in areas with high con-
centrations of low-income families,
‘‘(2) children from low-income families, and
‘‘(3) children living in sparsely populated areas.
‘‘(b) CALCULATION OF ENROLLMENTS.—(1) The cal-
culation of relative enrollments under subsection (a) shall
be on the basis of the total of—
‘‘(A) the number of children enrolled in public
schools, and
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‘‘(B) the number of children enrolled in private
nonprofit schools that desire that their children par-
ticipate in programs or projects assisted under this
part, for the fiscal year preceding the fiscal year in
which the determination is made. Nothing in this
subsection shall diminish the responsibility of local
educational agencies to contact, on an annual basis,
appropriate officials from private nonprofit schools
within the areas served by such agencies in order to
determine whether such schools desire that their
children participate in programs assisted under this
part.
‘‘(2)(A) Relative enrollments under subsection
(a) shall be adjusted, in accordance with criteria ap-
proved by the Secretary under subparagraph (B), to
provide higher per pupil allocations only to local edu-
cational agencies which serve the greatest numbers
or percentages of—
‘‘(i) children living in areas with high con-
centrations of low-income families,
‘‘(ii) children from low-income families, or
‘‘(iii) children living in sparsely populated
areas.
‘‘(B) The Secretary shall review criteria submit-
ted by a State educational agency for adjusting allo-
329
cations under paragraph (1) and shall approve such
criteria only if the Secretary determines that such
criteria are reasonably calculated to produce an ad-
justed allocation that reflects the relative needs with-
in the State’s local educational agencies based on the
factors set forth in subparagraph (A).
‘‘(c) PAYMENT OF ALLOCATIONS.—
‘‘(1) From the funds paid to it pursuant to sec-
tion 2402 for a fiscal year, a State educational agen-
cy shall distribute to each eligible local educational
agency which has submitted an application as re-
quired in section 2423 the amount of its allocation
as determined under subsection (a).
‘‘(2)(A) Additional funds resulting from higher
per pupil allocations provided to a local educational
agency on the basis of adjusted enrollments of chil-
dren described in subsection (a), may, at the discre-
tion of the local educational agency, be allocated for
expenditures to provide services for children enrolled
in public and private nonprofit schools in direct pro-
portion to the number of children described in sub-
section (a) and enrolled in such schools within the
local educational agency.
‘‘(B) In any fiscal year, any local educational
agency that elects to allocate such additional funds
330
in the manner described in subparagraph (A) shall
allocate all additional funds to schools within the
local educational agency in such manner.
‘‘(C) The provisions of subparagraphs (A) and
(B) may not be construed to require any school to
limit the use of such additional funds to the provi-
sion of services to specific students or categories of
students.
‘‘Subpart 2—State Programs
‘‘SEC. 2421. STATE USES OF FUNDS.
‘‘(a) AUTHORIZED ACTIVITIES.—A State educational
agency may use funds reserved for State use under this
section only for—
‘‘(1) State administration of programs under
this section including—
‘‘(A) supervision of the allocation of funds
to local educational agencies;
‘‘(B) planning, supervision, and processing
of State funds; and
‘‘(C) monitoring and evaluation of pro-
grams and activities under this part; and
‘‘(2) technical assistance and direct grants to
local educational agencies and statewide education
reform activities including effective schools programs
331
which assist local educational agencies to provide
targeted assistance.
‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more
than 25 percent of funds available for State programs
under this part in any fiscal year may be used for State
administration under subsection (a)(1).
‘‘SEC. 2423. STATE APPLICATIONS.
‘‘(a) APPLICATION
REQUIREMENTS.—Any State
which desires to receive a grant under this subpart shall
submit to the Secretary an application which—
‘‘(1) designates the State educational agency as
the State agency responsible for administration and
supervision of programs assisted under this part;
‘‘(2)(A) provides for an annual submission of
data on the use of funds, the types of services fur-
nished, and the students served under this section;
and
‘‘(B) in fiscal year 1998 provides for an evalua-
tion of the effectiveness of programs assisted under
this subpart;
‘‘(3) sets forth the allocation of such funds re-
quired to implement section 2452;
‘‘(4) provides that the State educational agency
will keep such records and provide such information
to the Secretary as may be required for fiscal audit
332
and program evaluation (consistent with the respon-
sibilities of the Secretary under this section);
‘‘(5) provides assurance that, apart from tech-
nical and advisory assistance and monitoring compli-
ance with this part, the State educational agency
has not exercised and will not exercise any influence
in the decision making processes of local educational
agencies as to the expenditure made pursuant to an
application under section 2433; and
‘‘(6) contain assurances that there is compli-
ance with the specific requirements of this part.
‘‘(b) PERIOD OF APPLICATION.—An application filed
by the State under subsection (a) shall be for a period
not to exceed 3 years, and may be amended annually as
may be necessary to reflect changes without filing a new
application.
‘‘(c) AUDIT RULE.—Notwithstanding section 1745 of
the Omnibus Budget Reconciliation Act of 1981, local
educational agencies receiving less than an average of
$5,000 each under this section need not be audited more
frequently than once every 5 years.
333
‘‘Subpart 3—Local Targeted Assistance Programs
‘‘SEC. 2431. TARGETED USE OF FUNDS.
‘‘(a) GENERAL RULE.—Funds allocated for use
under this subpart shall be used by local educational agen-
cies for targeted assistance described in subsection (b).
‘‘(b) TARGETED ASSISTANCE.—The targeted assist-
ance programs referred to in subsection (a) include—
‘‘(1) technology related to the implementation
of school-based reform programs, including profes-
sional development to assist teachers and other
school officials regarding how to use effectively such
equipment and software;
‘‘(2) instructional and educational materials, as-
sessments, and library services and materials (in-
cluding media materials) tied to high academic
standards and which are part of an overall education
reform program;
‘‘(3) promising education reform projects, in-
cluding effective schools and 21st Century Learning
Center school projects in accordance with subpart 4;
and
‘‘(4) computer hardware and software pur-
chased under this section should be used only for in-
structional purposes.
334
‘‘SEC. 2432. ADMINISTRATIVE AUTHORITY.
‘‘In order to conduct the activities authorized by this
part, each State or local educational agency may use funds
reserved for this part to make grants to and to enter into
contracts with local educational agencies, institutions of
higher education, libraries, museums, and other public and
private nonprofit agencies, organizations, and institutions.
‘‘SEC. 2433. LOCAL APPLICATIONS.
‘‘(a) CONTENTS
OF APPLICATION.—A local edu-
cational agency or consortia of local educational agencies
may receive an allocation of funds under this subpart for
any year for which an application is submitted to the State
educational agency and such application is certified to
meet the requirements of this section. The State edu-
cational agency shall certify any such application if such
application—
‘‘(1)(A) sets forth the planned allocation of
funds among targeted assistance programs described
in section 2431 of this part and describes the pro-
grams, projects and activities designed to carry out
such targeted assistance which it intends to support,
together with the reasons for selection of such pro-
grams, projects and activities; and
‘‘(B) sets forth the allocation of such funds re-
quired to implement section 2452;
335
‘‘(2) describes how assistance under this section
will contribute to meeting the National Education
Goals and improving student achievement or improv-
ing the quality of education for students;
‘‘(3) provide assurances of compliance with the
provisions of this part, including the participation of
children enrolled in private, nonprofit schools in ac-
cordance with section 2452;
‘‘(4) agrees to keep such records, and provide
such information to the State educational agency as
may reasonably be required for fiscal audit and pro-
gram evaluation, concession with the responsibilities
of the State agency under this part; and
‘‘(5) provides in the allocation of funds for the
assistance authorized by this part, and in the design,
planning and implementation of such programs, for
systematic consultation with parents of children at-
tending elementary and secondary schools in the
area served by the local educational agency, with
teachers and administrative personnel in such
schools, and with other groups involved in the imple-
mentation of this section (such as librarians, school
counselors, and other pupil services personnel) as
may be considered appropriate by the local edu-
cational agency.
336
‘‘(b) PERIOD OF APPLICATION.—An application filed
by a local educational agency under subsection (a) shall
be for a period not to exceed 3 fiscal years, may provide
for the allocation of funds to programs for a period of
3 years, and may be amended annually as may be nec-
essary to reflect changes without filing a new application.
‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—
Subject to the limitations and requirements of this part,
a local educational agency shall have complete discretion
in determining how funds under this subpart shall be di-
vided among the areas of targeted assistance. In exercising
such discretion, a local educational agency shall ensure
that expenditures under this subpart carry out the pur-
poses of this subpart and are used to meet the educational
needs within the schools of such local educational agency.
‘‘Subpart 4—General Administrative Provisions
‘‘SEC. 2441. MAINTENANCE OF EFFORT; FEDERAL FUNDS
SUPPLEMENTARY.
‘‘(a) MAINTENANCE OF EFFORT.—(1) Except as pro-
vided in paragraph (2), a State is entitled to receive its
full allocation of funds under this part for any fiscal year
if the Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the State
with respect to the provision of free public education for
the preceding fiscal year was not less than 90 percent of
337
such combined fiscal effort or aggregate expenditures for
the second preceding fiscal year.
‘‘(2) The Secretary shall reduce the amount of the
allocation of funds under this part in any fiscal year in
the exact proportion to which the State fails to meet the
requirements of paragraph (1) by falling below 90 percent
of both the fiscal effort per student and aggregate expend-
itures (using the measure most favorable to the State),
and no such lesser amount shall be used for computing
the effort required under paragraph (1) for subsequent
years.
‘‘(3) The Secretary may waive, for 1 fiscal year only,
the requirements of this subsection if the Secretary deter-
mines that such a waiver would be equitable due to excep-
tional or uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen decline in the fi-
nancial resources of the State.
‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State
or local educational agency may use and allocate funds
received under this part only so as to supplement and, to
the extent practical, increase the level of funds that would,
in the absence of Federal funds made available under this
part, be made available from non-Federal sources, and in
no case may such funds be used so as to supplant funds
from non-Federal sources.
338
‘‘SEC. 2442. PARTICIPATION OF CHILDREN ENROLLED IN
PRIVATE SCHOOLS.
‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—(1) To
the extent consistent with the number of children in the
school district of a local educational agency which is eligi-
ble to receive funds under this part or which serves the
area in which a program or project assisted under this
part is located who are enrolled in private nonprofit ele-
mentary and secondary schools, or with respect to instruc-
tional or personnel training programs funded by the State
educational agency from funds reserved for State use,
such agency, after consultation with appropriate private
school officials, shall provide for the benefit of such chil-
dren in such schools secular, neutral, and nonideological
services, materials, and equipment, including the partici-
pation of the teachers of such children (and other edu-
cational personnel serving such children) in training pro-
grams, and the repair, minor remodeling, or construction
of public facilities as may be necessary for their provision
(consistent with subsection (c) of this section), or, if such
services, materials, and equipment are not feasible or nec-
essary in one or more such private schools as determined
by the local educational agency after consultation with the
appropriate private school officials, shall provide such
other arrangements as will assure equitable participation
of such children in the purposes and benefits of this part.
339
‘‘(2) If no program or project is carried out under
subsection (a)(1) of this section in the school district of
a local educational agency, the State educational agency
shall make arrangements, such as through contracts with
nonprofit agencies or organizations, under which children
in private schools in that district are provided with serv-
ices and materials to the extent that would have occurred
if the local educational agency had received funds under
this part.
‘‘(3) The requirements of this section relating to the
participation of children, teachers, and other personnel
serving such children shall apply to programs and projects
carried out under this part by a State or local educational
agency, whether directly or through grants to or contracts
with other public or private agencies, institutions, or orga-
nizations.
‘‘(b) EQUAL EXPENDITURES.—Expenditures for pro-
grams pursuant to subsection (a) shall be equal (consist-
ent with the number of children to be served) to expendi-
tures for programs under this part for children enrolled
in the public schools of the local educational agency, tak-
ing into account the needs of the individual children and
other factors which relate to such expenditures, and when
funds available to a local educational agency under this
part are used to concentrate programs or projects on a
340
particular group, attendance area, or grade or age level,
children enrolled in private schools who are included with-
in the group, attendance area, or grade or age level se-
lected for such concentration shall, after consultation with
the appropriate private school officials, be assured equi-
table participation in the purposes and benefits of such
programs or projects.
‘‘(c) FUNDS.—(1) The control of funds provided
under this part, and title to materials, equipment, and
property repaired, remodeled, or constructed therewith,
shall be in a public agency for the uses and purposes pro-
vided in this part, and a public agency shall administer
such funds and property.
‘‘(2) The provision of services pursuant to this section
shall be provided by employees of a public agency or
through contract by such public agency with a person, an
association, agency, or corporation who or which, in the
provision of such services, is independent of such private
school and of any religious organizations, and such em-
ployment or contract shall be under the control and super-
vision of such public agency, and the funds provided under
this part shall not be commingled with State or local
funds.
‘‘(d) STATE PROHIBITION WAIVER.—If by reason of
any provision of law a State or local educational agency
341
is prohibited from providing for the participation in pro-
grams of children enrolled in private elementary and sec-
ondary schools, as required by this section, the Secretary
shall waive such requirements and shall arrange for the
provision of services to such children through arrange-
ments which shall be subject to the requirements of this
section.
‘‘(e) WAIVER AND PROVISION OF SERVICES.—(1) If
the Secretary determines that a State or a local edu-
cational agency has substantially failed or is unwilling to
provide for the participation on an equitable basis of chil-
dren enrolled in private elementary and secondary schools
as required by this section, the Secretary may waive such
requirements and shall arrange for the provision of serv-
ices to such children through arrangements which shall be
subject to the requirements of this section.
‘‘(2) Pending final resolution of any investigation or
complaint that could result in a determination under this
subsection or subsection (d), the Secretary may withhold
from the allocation of the affected State or local edu-
cational agency the amount estimated by the Secretary to
be necessary to pay the cost of those services.
‘‘(f) DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines that there will no longer be any
342
failure or inability on the part of the State or local edu-
cational agency to meet the requirements of subsections
(a) and (b).
‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When
the Secretary arranges for services pursuant to this sec-
tion, the Secretary shall, after consultation with the ap-
propriate public and private school officials, pay the cost
of such services, including the administrative costs of ar-
ranging for those services, from the appropriate allotment
of the State under this part.
‘‘(h) REVIEW.—(1) The Secretary shall not take any
final action under this section until the State educational
agency and the local educational agency affected by such
action have had an opportunity, for at least 45 days after
receiving written notice thereof, to submit written objec-
tions and to appear before the Secretary or the Secretary’s
designee to show cause why that action should not be
taken.
‘‘(2) If a State or local educational agency is dissatis-
fied with the Secretary’s final action after a proceeding
under paragraph (1) of this subsection, it may, within 60
days after notice of such action, file with the United States
court of appeals for the circuit in which such State is lo-
cated a petition for review of that action. A copy of the
petition shall be forthwith transmitted by the clerk of the
343
court to the Secretary. The Secretary thereupon shall file
in the court the record of the proceedings on which the
Secretary based this action, as provided in section 2112
of title 28, United States Code.
‘‘(3) 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 and 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.
‘‘(4) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or
to set it aside, in whole 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 pro-
vided in section 1254 of title 28, United States Code.
‘‘(i) PRIOR DETERMINATION.—Any bypass deter-
mination by the Secretary under chapter 2 of the Edu-
cation Consolidation and Improvement Act of 1981 shall,
to the extent consistent with the purposes of this chapter,
apply to programs under this chapter.
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‘‘SEC. 2443. EVALUATIONS AND REPORTING.
‘‘(a) LOCAL EDUCATIONAL AGENCIES.—A local edu-
cational agency which receives financial assistance under
this part shall report annually to the State educational
agency on the use of funds under section 2431. Such re-
porting shall be carried out in a manner which minimizes
the amount of paperwork required while providing the
State educational agency with the necessary information
under the preceding sentence. Such report shall be made
available to the public.
‘‘(b) STATE EDUCATIONAL AGENCIES.—A State edu-
cational agency which receives financial assistance under
this part shall evaluate the effectiveness of State and local
programs under this part in accordance with section
2423(a)(2)(B). That evaluation shall be submitted for re-
view and comment by the State advisory committee and
shall be made available to the public. The State edu-
cational agency shall submit to the Secretary a copy of
the evaluation and a summary of the reports under sub-
section (a).
‘‘(c) REPORTS.—(1) The Secretary, in consultation
with State and local educational agency representatives,
shall develop a model system which State educational
agencies may use for data collection and reporting under
this part.
345
‘‘(2)(A) The Secretary shall submit annually a report
to the Congress for the use of funds, the types of services
furnished, and the students served under this part.
‘‘(B) The Secretary shall not later than October 1,
1998, submit a report to the Congress summarizing eval-
uations under subsection (b) in order to provide a national
overview of the uses of funds and effectiveness of pro-
grams under this part.
‘‘SEC. 2444. FEDERAL ADMINISTRATION.
‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon
request, shall provide technical assistance to State and
local educational agencies under this part.
‘‘(b) RULEMAKING.—The Secretary shall issue regu-
lations under this part only to the extent that such regula-
tions are necessary to ensure that there is compliance with
the specific requirements and assurances required by this
part.
‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwith-
standing any other provision of law, unless expressly in
limitation of this subsection, funds appropriated in any
fiscal year to carry out activities under this part shall be-
come available for obligation on July 1 of such fiscal year
and shall remain available for obligation until the end of
the subsequent fiscal year.
346
‘‘SEC. 2445. APPLICATION OF GENERAL EDUCATION PROVI-
SIONS ACT.
‘‘(a) GENERAL RULE.—Except as otherwise specifi-
cally provided by this section, the General Education Pro-
visions Act shall apply to the programs authorized by this
part.
‘‘(b) APPLICABILITY.—The following provisions of
the General Education Provisions Act shall be superseded
by the specified provisions of this part with respect to the
programs authorized by this part:
‘‘(1) Section 410(a)(1) of the General Edu-
cation Provisions Act is superseded by section
2254(b) of this part.
‘‘(2) Section 433(a) of such Act is superseded
by section 2454(a) of this part.
‘‘(3) Section 436 of such Act is superseded by
sections 2223 and 2233 of this part.
‘‘(c) SPECIAL RULE.—Sections 440, 441, and 442 of
the General Education Provisions Act, except to the extent
that such sections relate to fiscal control and fund ac-
counting procedures, may not apply to the programs au-
thorized by this part and shall not be construed to author-
ize the Secretary to require any reports or take any ac-
tions not specifically authorized by this part.
347
‘‘PART F—21ST CENTURY COMMUNITY LEARNING
CENTERS
‘‘SEC. 2451. FINDINGS.
‘‘The Congress finds that—
‘‘(1) a local public school often serves as a cen-
ter for the delivery of education and human re-
sources for all members of a community;
‘‘(2) public schools, primarily in rural and inner
city communities, should collaborate with other pub-
lic and nonprofit agencies and organizations, local
businesses, educational entities (such as vocational
and adult education programs, school to work pro-
grams, community colleges, and universities), rec-
reational, cultural, and other community and human
service entities for the purpose of meeting the needs
and expanding the opportunities available to the
residents of the communities served by such schools;
and
‘‘(3) by using school facilities, equipment, and
resources, communities can promote a more efficient
use of public education facilities, especially in rural
and inner city areas where limited financial re-
sources have enhanced the necessity for local public
schools to become social service centers.
348
‘‘SEC. 2452. PROGRAM AUTHORIZATION AND DISTRIBUTION.
‘‘(a) GRANTS BY THE SECRETARY.—The Secretary is
authorized in accordance with the provisions of this sub-
section to make grants to rural and inner city schools or
consortia thereof to plan, implement, or expand projects
that benefit the educational, health, social service, cul-
tural, and recreational needs of a rural or inner city
community. No school or consortia thereof shall receive
a grant award of less than $50,000 in each fiscal year,
and such grant projects shall not exceed a 3-year period.
‘‘(b) APPLICATION.—To be eligible to receive funds
under this section, a school or consortia thereof shall sub-
mit an application to the Secretary of Education at such
time and in such manner as the Secretary may reasonably
prescribe, that shall include—
‘‘(1) a comprehensive local plan that enables
such school to serve as a center for the delivery of
education and human resources for members of a
community; and
‘‘(2) an initial evaluation of needs, available re-
sources, and goals and objectives for the proposed
community education program to determine pro-
grams that will be developed to address these needs:
‘‘(A) A mechanism to disseminate informa-
tion in a manner that is understandable and ac-
cessible to the community.
349
‘‘(B) Identification of Federal, State, and
local programs to be merged or coordinated so
that public resources may be maximized.
‘‘(C) A description of the collaborative ef-
forts of community-based organizations, related
public agencies, businesses, or other appropriate
organizations.
‘‘(D) A description of how the school will
assist as a delivery center for existing and new
services, especially interactive telecommuni-
cation used for education and professional
training.
‘‘(E) The establishment of a facility utili-
zation policy that specifically states rules and
regulations for building and equipment use and
supervision guidelines;
‘‘(3) the high technology, global economy of the
21st century will require lifelong learning to keep
America’s workforce competitive and successful, local
public schools should provide centers for lifelong
learning and educational opportunities for individ-
uals of all ages; and
‘‘(4) 21st Century Community Learning Cen-
ters enable the entire community to develop an edu-
350
cation strategy that addresses the educational needs
of all members of local communities.
‘‘(c) PRIORITY.—The Secretary shall give priority to
applications that offer a broad selection of services that
address the needs of the community.
‘‘SEC. 2453. USES OF FUNDS.
‘‘(a) AUTHORIZED
PROGRAMS.—Grants awarded
under this section may be used to plan, implement, or ex-
pand community learning centers which shall include not
less than 4 of the following activities:
‘‘(1) Literacy education programs.
‘‘(2) Senior citizen programs.
‘‘(3) Children’s day care services.
‘‘(4) Integrated education, health, social service,
recreational, or cultural programs.
‘‘(5) Summer and weekend school programs in
conjunction with recreation programs.
‘‘(6) Nutrition, health, and/or physical therapy.
‘‘(7) Expanded library service hours to serve
community needs.
‘‘(8) Telecommunications and technology edu-
cation programs for all ages.
‘‘(9) Parenting skills education programs.
‘‘(10) Support and training for child day care
providers.
364
‘‘(2) Such National Center shall have a Direc-
tor. The Secretary may authorize the Director to
carry out such functions of the National Center as
may be agreed upon through arrangements with
other institutions of higher education, State or local
educational agencies, or other public or private agen-
cies and organizations.
‘‘(d) LIMITATION.—Not more than 30 percent of the
funds available in any fiscal year to carry out the pro-
grams and projects authorized by this section may be used
to conduct activities pursuant to subsections (b)(5) or (c).
‘‘(e) COORDINATION.—Research activities supported
under this section—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to ensure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by the Office; and
‘‘(2) may include collaborative research activi-
ties which are jointly funded and carried out with
the Office of Education Research and Improvement.
‘‘SEC. 3305. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In the administration of
this part the Secretary shall give highest priority—
467
dividual responsibility and respect for the rights of
others, and to resolve conflicts without violence;
‘‘(4) violence prevention programs for school-
aged youth, which emphasize students’ sense of indi-
vidual responsibility and may include—
‘‘(A) the dissemination of information
about school safety and discipline;
‘‘(B) the professional development of
school personnel, parents, students, law enforce-
ment officials, judicial officials, and community
leaders in designing and implementing strate-
gies to prevent school violence;
‘‘(C) the implementation of strategies, such
as conflict resolution and peer mediation, stu-
dent pledges to renounce the use of violence,
student non-violence awareness days, student
outreach efforts against violence, anti-crime
youth councils (which work with school and
community-based organizations to discuss and
develop crime prevention strategies), and the
use of mentoring programs, to combat school vi-
olence and other forms of disruptive behavior,
such as sexual harassment; and
508
‘‘(2) may include collaborative research activi-
ties which are jointly funded and carried out by the
Office of Women’s Equity and the Office of Edu-
cational Research and Improvement.
‘‘(f) LIMITATION.—Nothing in this part shall be con-
strued as prohibiting men and boys from participating in
any programs or activities assisted under this part.
‘‘SEC. 5205. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated—
‘‘(1) for the purpose of carrying out the provi-
sions of section 5203, there are authorized to be ap-
propriated $3,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999; and
‘‘(2) for the purpose of carrying out the provi-
sions of section 5204, there are authorized to be ap-
propriated $2,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
‘‘TITLE VI—INDIAN EDUCATION
‘‘SEC. 6001. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
523
membership data for such tribe, band, or other
organized group of Indians, or
‘‘(B) if the child is not a member of a
tribe, band, or other organized group of Indi-
ans, the name, the enrollment number (if read-
ily available), and the organization (and address
thereof) responsible for maintaining updated
and accurate membership rolls of any of the
child’s parents or grandparents, from whom the
child claims eligibility;
‘‘(2) whether the tribe, band, or other organized
group of Indians with which the child, his parents,
or grandparents claim membership is federally rec-
ognized;
‘‘(3) the name and address of the parent or
legal guardian;
‘‘(4) the signature of the parent or legal guard-
ian verifying the accuracy of the information sup-
plied; and
‘‘(5) any other information which the Secretary
deems necessary to provide an accurate program
profile.
‘‘(c) Nothing in the requirements of subsection (b)
may be construed as affecting the definition set forth in
section 6601. In order for a child to be counted in comput-