194
to the purposes of this title and provide any
such proposed rules, regulations, and policies to
the committee of practitioners under subsection
(b) for their review and comment;
‘‘(B) minimize such rules, regulations, and
policies to which their local educational agencies
and schools are subject;
‘‘(C) eliminate or modify State and local
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds
under schoolwide programs; and
(D) identify any such rule, regulation, or
policy as a State-imposed requirement.
‘‘(2) 
SUPPORT
AND
FACILITATION.—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 challenging State student per-
formance standards.
‘‘(b) COMMITTEE OF PRACTITIONERS.—
‘‘(1) IN
GENERAL.—Each State educational
agency shall create a State committee of practi-
tioners to advise the State in carrying out its re-
sponsibilities under this title.
195
‘‘(2) 
MEMBERSHIP.—Each 
such 
committee
shall include—
‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies;
‘‘(B) administrators, including the admin-
istrators of programs described in other parts
of this title;
‘‘(C) teachers, including vocational edu-
cators;
‘‘(D) parents;
‘‘(E) members of local boards of education;
‘‘(F) representatives of private school chil-
dren; and
‘‘(G) pupil services personnel.
‘‘(3) DUTIES.—The duties of such committee
shall include a review, 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 lim-
ited time to assist local educational agencies with
the operation of the program under this title, the
State educational agency may issue a regulation
without prior consultation, but shall immediately
thereafter convene the State committee of practi-
196
tioners to review the emergency regulation prior to
issuance in final form.
‘‘SEC. 1604. CONSTRUCTION.
‘‘(a) PROHIBITION OF FEDERAL MANDATES, DIREC-
TION, OR CONTROL.—Nothing in this title shall be con-
strued to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school’s specific instructional con-
tent or pupil performance standards and assessments, cur-
riculum, or program of instruction as a condition of eligi-
bility to receive funds under this title.
‘‘(b) EQUALIZED SPENDING.—Nothing in this title
shall be construed to mandate equalized spending per
pupil for a State, local educational agency, or school.
‘‘(c) BUILDING STANDARDS.—Nothing in this title
shall be construed to mandate national school building
standards for a State, local educational agency, or school.
‘‘SEC. 1605. APPLICABILITY TO HOME SCHOOLS.
‘‘Nothing in this Act shall be construed to affect
home schools.
‘‘SEC. 
1606. 
GENERAL 
PROVISION 
REGARDING 
NON-
RECIPIENT NONPUBLIC SCHOOLS.
‘‘Nothing in this Act shall be construed to permit,
allow, encourage, or authorize any Federal control over
any aspect of any private, religious, or home school,
197
whether or not a home school is treated as a private school
or home school under State law. This section shall not be
construed to bar private, religious, or home schools from
participation in programs or services under this Act.
‘‘SEC. 1607. LOCAL ADMINISTRATIVE COST LIMITATION.
‘‘(a) LOCAL ADMINISTRATIVE COST LIMITATION.—
Each local educational agency may use not more than 4
percent of funds received under part A for administrative
expenses.
‘‘(b) REGULATIONS.—The Secretary, after consulting
with State and local officials and other experts in school
finance, shall develop and issue regulations that define the
term administrative cost for purposes of this title. Such
definition shall be consistent with generally accepted ac-
counting principles. The Secretary shall publish final regu-
lations on this section not later than 1 year after the date
of the enactment of the Student Results Act of 1999.
‘‘SEC. 1608. PROHIBITION ON MANDATORY NATIONAL CER-
TIFICATION 
OF 
TEACHERS 
AND 
PARA-
PROFESSIONALS.
‘‘(a) PROHIBITION
ON MANDATORY TESTING
OR
CERTIFICATION.—Notwithstanding any other provision of
law, the Secretary is prohibited from using Federal funds
to plan, develop, implement, or administer any mandatory
national teacher or paraprofessional test or certification.
198
‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The
Secretary is prohibited from withholding funds from any
State or local educational agency if such State or local
educational agency fails to adopt a specific method of
teacher or paraprofessional certification.
‘‘SEC. 1609. GAO STUDIES.
‘‘(a) STUDY ON PARAPROFESSIONALS.—The General
Accounting Office shall conduct a study of paraprofes-
sionals under part A of title I.
‘‘(b) STUDY
ON PORTABILITY.—The General Ac-
counting Office shall conduct a study regarding how funds
made available under this title could follow a child from
school to school.
‘‘(c) STUDY
ON ELECTRONIC TRANSFER
OF MI-
GRANT STUDENT RECORDS.—The General Accounting
Office shall conduct a study on the feasibility of electroni-
cally transferring and maintaining migrant student
records.
‘‘(d) EVALUATION BY GENERAL ACCOUNTING OF-
FICE.—Not later than October 1, 2001, the Comptroller
General shall conduct a comprehensive analysis and eval-
uation regarding the impact on this title of individual
waivers for schools, local educational agency waivers, and
statewide waivers granted pursuant to the Education
Flexibility Partnership Act of 1999 (20 U.S.C. 589a et
199
seq.). The Comptroller General shall submit a report to
the Committee on Education and the Workforce of the
House of Representatives. In conducting such analysis and
evaluation, the Comptroller General shall consider the fol-
lowing factors:
‘‘(1) CONSISTENCY.—The extent to which the
State’s educational flexibility plan is consistent with
ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children served under this title to
reach such standards.
‘‘(2) STATE WAIVERS.—Evaluate the effect that
waivers of State law have on addressing the needs
and the performance of students in schools subject
to this title.
‘‘(3) ALLOCATION OF FUNDS.—The extent to
which waivers have affected the allocation of funds
to schools, including schools with the highest con-
centrations of poverty, and schools with the highest
educational needs, that are eligible to receive funds
under this title.
‘‘SEC. 1610. DEFINITIONS.
‘‘For purposes of this title—
‘‘(1) The term ‘Secretary’ means the Secretary
of Education.
200
‘‘(2) FULLY
QUALIFIED.—The term ‘fully
qualified’—
‘‘(A) when used with respect to a public el-
ementary or secondary school teacher (other
than a teacher teaching in a public charter
school), means that the teacher has obtained
State certification as a teacher (including cer-
tification obtained through alternative routes to
certification) or passed the State teacher licens-
ing exam and holds a license to teach in such
State; and
‘‘(B) when used with respect to —
‘‘(i) an elementary school teacher,
means that the teacher holds a bachelor’s
degree and demonstrates knowledge and
teaching skills in reading, writing, mathe-
matics, science, and other areas of the ele-
mentary school curriculum; or
‘‘(ii) a middle or secondary school
teacher, means that the teacher holds a
bachelor’s degree and demonstrates a high
level of competency in all subject areas in
which he or she teaches through—
201
‘‘(I) a high level of performance
on a rigorous State or local academic
subject areas test; or
‘‘(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
‘‘(3) The term ‘scientifically-based research’—
‘‘(A) means the application of rigorous,
systematic, and objective procedures; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or ex-
periment;
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
and
‘‘(iv) has been accepted by a peer-re-
viewed journal or approved by a panel of
202
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘SEC. 1611. PAPERWORK REDUCTION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) instruction and other classroom activities
provide the greatest opportunity for students, espe-
cially at-risk and disadvantaged students, to attain
high standards and achieve academic success;
‘‘(2) one of the greatest obstacles to estab-
lishing an effective, classroom-centered education
system is the cost of paperwork compliance;
‘‘(3) paperwork places a burden on teachers
and administrators who must complete Federal and
State forms to apply for Federal funds and absorbs
time and money which otherwise would be spent on
students;
‘‘(4) the Education at a Crossroads Report re-
leased in 1998 by the Education Subcommittee on
Oversight and Investigations states that require-
ments by the Department of Education result in
more than 48.6 million hours of paperwork per year;
and
‘‘(5) paperwork distracts from the mission of
schools, encumbers teachers and administrators with
nonacademic responsibilities, and competes with
203
teaching and classroom activities which promote
learning and achievement.
‘‘(b) SENSE OF THE CONGRESS.—It is the sense of
the Congress that Federal and State educational agencies
should reduce the paperwork requirements placed on
schools, teachers, principals, and other administrators.’’.
PART E—COMPREHENSIVE SCHOOL REFORM
SEC. 171. COMPREHENSIVE SCHOOL REFORM.
Title I is amended by adding at the end the following:
‘‘PART G—COMPREHENSIVE SCHOOL REFORM
‘‘SEC. 1701. COMPREHENSIVE SCHOOL REFORM.
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—Congress finds the following:
‘‘(A) A number of schools across the coun-
try have shown impressive gains in student per-
formance through the use of comprehensive
models for schoolwide change that incorporate
virtually all aspects of school operations.
‘‘(B) No single comprehensive school re-
form model may be suitable for every school,
however, schools should be encouraged to exam-
ine successful, externally developed comprehen-
sive school reform approaches as they under-
take comprehensive school reform.
204
‘‘(C) Comprehensive school reform is an
important means by which children are assisted
in meeting challenging State student perform-
ance standards.
‘‘(2) PURPOSE.—The purpose of this section is
to provide financial incentives for schools to develop
comprehensive school reforms, based upon scientif-
ically-based research and effective practices that in-
clude an emphasis on basic academics and parental
involvement so that all children can meet challenging
State content and performance standards.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to provide grants to State educational agencies to
provide subgrants to local educational agencies to
carry out the purpose described in subsection (a)(2).
‘‘(2) ALLOCATION.—
‘‘(A) RESERVATION.—Of the amount ap-
propriated under this section, the Secretary
may reserve—
‘‘(i) not more than 1 percent for
schools supported by the Bureau of Indian
Affairs and in the United States Virgin Is-
lands, Guam, American Samoa, and the
205
Commonwealth of the Northern Mariana
Islands; and
‘‘(ii) not more than 1 percent to con-
duct national evaluation activities de-
scribed under subsection (e).
‘‘(B) IN
GENERAL.—Of the amount of
funds remaining after the reservation under
subparagraph (A), the Secretary shall allocate
to each State for a fiscal year, an amount that
bears the same ratio to the amount appro-
priated for that fiscal year as the amount made
available under section 1124 to the State for
the preceding fiscal year bears to the total
amount allocated under section 1124 to all
States for that year.
‘‘(C) REALLOCATION.—If a State does not
apply for funds under this section, the Sec-
retary shall reallocate such funds to other
States that do apply in proportion to the
amount allocated to such States under subpara-
graph (B).
‘‘(c) STATE AWARDS.—
‘‘(1) STATE APPLICATION.—
‘‘(A) IN
GENERAL.—Each State edu-
cational agency that desires to receive a grant
206
under this section shall submit an application to
the Secretary at such time, in such manner and
containing such other information as the Sec-
retary may reasonably require.
‘‘(B) CONTENTS.—Each State application
shall also describe—
‘‘(i) the process and selection criteria
by which the State educational agency,
using expert review, will select local edu-
cational agencies to receive subgrants
under this section;
‘‘(ii) how the agency will ensure that
only comprehensive school reforms that are
based on scientifically-based research re-
ceive funds under this section;
‘‘(iii) how the agency will disseminate
materials regarding information on com-
prehensive school reforms that are based
on scientifically-based research;
‘‘(iv) how the agency will evaluate the
implementation of such reforms and meas-
ure the extent to which the reforms re-
sulted in increased student academic per-
formance; and
207
‘‘(v) how the agency will provide, upon
request, technical assistance to the local
educational agency in evaluating, devel-
oping, and implementing comprehensive
school reform.
‘‘(2) USES OF FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (E), a State educational agency
that receives an award under this section shall
use such funds to provide competitive grants to
local educational agencies receiving funds under
part A.
‘‘(B) GRANT REQUIREMENTS.—A grant to
a local educational agency shall be—
‘‘(i) of sufficient size and scope to
support the initial costs for the particular
comprehensive school reform plan selected
or designed by each school identified in the
application of the local educational agency;
‘‘(ii) in an amount not less than
$50,000 to each participating school; and
‘‘(iii) renewable for two additional 1-
year periods after the initial 1-year grant
is made if schools are making substantial
208
progress in the implementation of their re-
forms.
‘‘(C) PRIORITY.—The State, in awarding
grants under this paragraph, shall give priority
to local educational agencies that—
‘‘(i) plan to use the funds in schools
identified as being in need of improvement
or corrective action under section 1116(c);
and
‘‘(ii) demonstrate a commitment to
assist schools with budget allocation, pro-
fessional development, and other strategies
necessary to ensure the comprehensive
school reforms are properly implemented
and are sustained in the future.
‘‘(D) GRANT CONSIDERATION.—In making
subgrant awards under this part, the State edu-
cational agency shall take into account the equi-
table distribution of awards to different geo-
graphic regions within the State, including
urban and rural areas, and to schools serving
elementary and secondary students.
‘‘(E) ADMINISTRATIVE COSTS.—A State
educational agency that receives a grant award
under this section may reserve not more than 5
209
percent of such award for administrative, eval-
uation, and technical assistance expenses.
‘‘(F) SUPPLEMENT.—Funds made avail-
able under this section shall be used to supple-
ment, not supplant, any other Federal, State,
or local funds that would otherwise be available
to carry out this section.
‘‘(3) 
REPORTING.—Each 
State 
educational
agency that receives an award under this section
shall provide to the Secretary such information as
the Secretary may require, including the names of
local educational agencies and schools selected to re-
ceive subgrant awards under this section, the
amount of such award, and a description of the com-
prehensive school reform model selected and in use.
‘‘(d) LOCAL AWARDS.—
‘‘(1) IN
GENERAL.—Each local educational
agency that applies for a subgrant under this section
shall—
‘‘(A) identify which schools eligible for
funds under part A plan to implement a com-
prehensive school reform program, including the
projected costs of such a program;
210
‘‘(B) describe the scientifically-based com-
prehensive school reforms that such schools will
implement;
‘‘(C) describe how the agency will provide
technical assistance and support for the effec-
tive implementation of the scientifically-based
school reforms selected by such schools; and
‘‘(D) describe how the agency will evaluate
the implementation of such reforms and meas-
ure the results achieved in improving student
academic performance.
‘‘(2) COMPONENTS OF THE PROGRAM.—A local
educational agency that receives a subgrant award
under this section shall provide such funds to
schools that implement a comprehensive school re-
form program that—
‘‘(A) employs innovative strategies and
proven methods for student learning, teaching,
and school management that are based on sci-
entifically-based research and effective practices
and have been replicated successfully in schools
with diverse characteristics;
‘‘(B) integrates a comprehensive design for
effective school functioning, including instruc-
tion, assessment, classroom management, pro-
211
fessional development, parental involvement,
and school management, that aligns the school’s
curriculum, technology, professional develop-
ment into a comprehensive reform plan for
schoolwide change designed to enable all stu-
dents to meet challenging State content and
challenging student performance standards and
addresses needs identified through a school
needs assessment;
‘‘(C) provides high-quality and continuous
teacher and staff professional development;
‘‘(D) includes measurable goals for student
performance and benchmarks for meeting such
goals;
‘‘(E) is supported by teachers, principals,
administrators, and other professional staff;
‘‘(F) provides for the meaningful involve-
ment of parents and the local community in
planning and implementing school improvement
activities;
‘‘(G) uses high quality external technical
support and assistance from an entity, which
may be an institution of higher education, with
experience and expertise in schoolwide reform
and improvement;
212
‘‘(H) includes a plan for the evaluation of
the implementation of school reforms and the
student results achieved; and
‘‘(I) identifies how other resources, includ-
ing Federal, State, local, and private resources,
available to the school will be used to coordinate
services to support and sustain the school re-
form effort.
‘‘(3) SPECIAL
RULE.—A school that receives
funds to develop a comprehensive school reform pro-
gram shall not be limited to using the approaches
identified or developed by the Department of Edu-
cation, but may develop its own comprehensive
school reform programs for schoolwide change that
comply with paragraph (2).
‘‘(e) EVALUATION AND REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall develop
a plan for a national evaluation of the programs de-
veloped pursuant to this section.
‘‘(2) EVALUATION.—This national evaluation
shall evaluate the implementation and results
achieved by schools after 3 years of implementing
comprehensive school reforms, and assess the effec-
tiveness of comprehensive school reforms in schools
with diverse characteristics.
213
‘‘(3) REPORTS.—Prior to the completion of a
national evaluation, the Secretary shall submit an
interim report outlining first year implementation
activities to the Committees on Education and the
Workforce and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of
the Senate.
‘‘(f) DEFINITION.—The term ‘scientifically-based
research’—
‘‘(1) means the application of rigorous, system-
atic, and objective procedures in the development of
comprehensive school reform models; and
‘‘(2) shall include research that—
‘‘(A) employs systematic, empirical meth-
ods that draw on observation or experiment;
‘‘(B) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
‘‘(C) relies on measurements or observa-
tional methods that provide valid data across
evaluators and observers and across multiple
measurements and observations; and
‘‘(D) has been accepted by a peer-reviewed
journal or approved by a panel of independent
214
experts through a comparably rigorous, objec-
tive, and scientific review.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to carry out this section $175,000,000 for
fiscal year 2000 and such sums as may be necessary for
each of the four succeeding fiscal years.’’.
TITLE II—MAGNET SCHOOLS AS-
SISTANCE 
AND 
PUBLIC
SCHOOL CHOICE
SEC. 201. MAGNET SCHOOLS ASSISTANCE.
Title V of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7201 et seq.) is amended to read
a follows:
‘‘TITLE V—MAGNET SCHOOLS AS-
SISTANCE 
AND 
PUBLIC
SCHOOL CHOICE
‘‘PART A—MAGNET SCHOOL ASSISTANCE
‘‘SEC. 5101. FINDINGS.
‘‘The Congress finds that—
‘‘(1) magnet schools are a significant part of
our Nation’s effort to achieve voluntary desegrega-
tion in our Nation’s schools;
‘‘(2) the use of magnet schools has increased
dramatically since the date of the enactment of the
Magnet Schools Assistance program, with approxi-
215
mately 2,000,000 students nationwide now attending
such schools, of which more than 65 percent of the
students are nonwhite;
‘‘(3) magnet schools offer a wide range of dis-
tinctive programs that have served as models for
school improvement efforts;
‘‘(4) in administering the Magnet Schools As-
sistance program, the Federal Government has
learned that—
‘‘(A) where magnet programs are imple-
mented for only a portion of a school’s student
body, special efforts must be made to discour-
age the isolation of—
‘‘(i) magnet school students from
other students in the school; and
‘‘(ii) students by racial characteristics;
‘‘(B) local educational agencies can maxi-
mize their effectiveness in achieving the pur-
poses of the Magnet Schools Assistance pro-
gram if such agencies have more flexibility in
the administration of such program in order to
serve students attending a school who are not
enrolled in the magnet school program;
‘‘(C) local educational agencies must be
creative in designing magnet schools for stu-
216
dents at all academic levels, so that school dis-
tricts do not select only the highest achieving
students to attend the magnet schools;
‘‘(D) consistent with desegregation guide-
lines, local educational agencies must seek to
enable participation in magnet school programs
by students who reside in the neighborhoods
where the programs operate; and
‘‘(E) in order to ensure that magnet
schools are sustained after Federal funding
ends, the Federal Government must assist
school districts to improve their capacity to con-
tinue to operate magnet schools at a high level
of performance; and
‘‘(5) it is in the best interest of the Federal
Government to—
‘‘(A) continue the Federal Government’s
support of school districts implementing court-
ordered desegregation plans and school districts
voluntarily seeking to foster meaningful inter-
action among students of different racial and
ethnic backgrounds, beginning at the earliest
stage of such students’ education;
‘‘(B) ensure that all students have equi-
table access to quality education that will pre-
217
pare such students to function well in a techno-
logically oriented society and a highly competi-
tive economy;
‘‘(C) maximize the ability of local edu-
cational agencies to plan, develop, implement
and continue effective and innovative magnet
schools that contribute to State and local sys-
temic reform; and
‘‘(D) ensure that grant recipients provide
adequate data which demonstrates an ability to
improve student achievement.
‘‘SEC. 5102. STATEMENT OF PURPOSE.
‘‘The purpose of this part is to assist in the desegre-
gation of schools served by local educational agencies by
providing financial assistance to eligible local educational
agencies for—
‘‘(1) the elimination, reduction, or prevention of
minority group isolation in elementary and sec-
ondary schools with substantial proportions of mi-
nority students;
‘‘(2) the development and implementation of
magnet school projects that will assist local edu-
cational agencies in achieving systemic reforms and
providing all students the opportunity to meet chal-
218
lenging State content standards and challenging
State student performance standards;
‘‘(3) the development and design of innovative
educational methods and practices that promote di-
versity and increase choices in public elementary and
secondary schools and educational programs; and
‘‘(4) courses of instruction within magnet
schools that will substantially strengthen the knowl-
edge of academic subjects and the grasp of tangible
and marketable vocational and technical skills of
students attending such schools.
‘‘SEC. 5103. PROGRAM AUTHORIZED.
‘‘The Secretary, in accordance with this part, is au-
thorized to make grants to eligible local educational agen-
cies, and consortia of such agencies where appropriate, to
carry out the purpose of this part for magnet schools that
are—
‘‘(1) part of an approved desegregation plan;
and
‘‘(2) designed to bring students from different
social, economic, ethnic, and racial backgrounds to-
gether.
‘‘SEC. 5104. DEFINITION.
‘‘For the purpose of this part, the term ‘magnet
school’ means a public elementary or secondary school or
219
public elementary or secondary education center that of-
fers a special curriculum capable of attracting substantial
numbers of students of different racial backgrounds.
‘‘SEC. 5105. ELIGIBILITY.
‘‘A local educational agency, or consortium of such
agencies where appropriate, is eligible to receive assistance
under this part to carry out the purposes of this part if
such agency or consortium—
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United
States, or a court of any State, or any other State
agency or official of competent jurisdiction, that re-
quires the desegregation of minority-group-seg-
regated children or faculty in the elementary and
secondary schools of such agency; or
‘‘(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies under this part, adopt
and implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minor-
ity-group-segregated children or faculty in such
schools.
220
‘‘SEC. 5106. APPLICATIONS AND REQUIREMENTS.
‘‘(a) APPLICATIONS.—An eligible local educational
agency or consortium of such agencies desiring to receive
assistance under this part shall submit an application to
the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary
may reasonably require.
‘‘(b) INFORMATION AND ASSURANCES.—Each such
application shall include—
‘‘(1) a description of—
‘‘(A) how assistance made available under
this part will be used to promote desegregation,
including how the proposed magnet school
project will increase interaction among students
of different social, economic, ethnic, and racial
backgrounds;
‘‘(B) the manner and extent to which the
magnet school project will increase student
achievement in the instructional area or areas
offered by the school;
‘‘(C) how an applicant will continue the
magnet school project after assistance under
this part is no longer available, including, if ap-
plicable, an explanation of why magnet schools
established or supported by the applicant with
221
funds under this part cannot be continued with-
out the use of funds under this part;
‘‘(D) how funds under this part will be
used to improve student academic performance
for all students attending the magnet schools;
and
‘‘(E) the criteria to be used in selecting
students to attend the proposed magnet school
projects; and
‘‘(2) assurances that the applicant will—
‘‘(A) use funds under this part for the pur-
poses specified in section 5102;
‘‘(B) employ fully qualified teachers (as de-
fined in section 1119) in the courses of instruc-
tion assisted under this part;
‘‘(C) not engage in discrimination based on
race, religion, color, national origin, sex, or dis-
ability in—
‘‘(i) the hiring, promotion, or assign-
ment of employees of the agency or other
personnel for whom the agency has any ad-
ministrative responsibility;
‘‘(ii) the assignment of students to
schools, or to courses of instruction within
222
the school, of such agency, except to carry
out the approved plan; and
‘‘(iii) designing or operating extra-
curricular activities for students;
‘‘(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school
projects equitable consideration for placement
in those projects.
‘‘SEC. 5107. PRIORITY.
‘‘In approving applications under this part, the Sec-
retary shall give priority to applicants that—
‘‘(1) demonstrate the greatest need for assist-
ance, based on the expense or difficulty of effectively
carrying out an approved desegregation plan and the
projects for which assistance is sought;
‘‘(2) propose to carry out new magnet school
projects, or significantly revise existing magnet
school projects; and
‘‘(3) propose to select students to attend mag-
net school projects by methods such as lottery, rath-
er than through academic examination.
223
‘‘SEC. 5108. USE OF FUNDS.
‘‘(a) IN GENERAL.—Grant funds made available
under this part may be used by an eligible local edu-
cational agency or consortium of such agencies—
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, con-
tinuation, or enhancement of academic programs
and services offered at magnet schools;
‘‘(2) for the acquisition of books, materials, and
equipment, including computers and the mainte-
nance and operation thereof, necessary for the con-
duct of programs in magnet schools;
‘‘(3) for the payment, or subsidization of the
compensation, of elementary and secondary school
teachers who are fully qualified (as defined in sec-
tion 1119), and instructional staff where applicable,
who are necessary for the conduct of programs in
magnet schools;
‘‘(4) with respect to a magnet school program
offered to less than the entire student population of
a school, for instructional activities that—
‘‘(A) are designed to make available the
special curriculum that is offered by the magnet
school project to students who are enrolled in
the school but who are not enrolled in the mag-
net school program; and
224
‘‘(B) further the purposes of this part; and
‘‘(5) for activities, which may include profes-
sional development, that will build the recipient’s ca-
pacity to operate magnet school programs once the
grant period has ended.
‘‘(b) SPECIAL RULE.—Grant funds under this part
may be used in accordance with paragraphs (2) and (3)
of subsection (a) only if the activities described in such
paragraphs are directly related to improving the students’
academic performance based on the State’s challenging
content standards and challenging student performance
standards or directly related to improving the students’
reading skills or knowledge of mathematics, science, his-
tory, geography, English, foreign languages, art, or music,
or to improving vocational and technical skills.
‘‘SEC. 5109. PROHIBITIONS.
‘‘(a) TRANSPORTATION.—Grants under this part may
not be used for transportation or any activity that does
not augment academic improvement.
‘‘(b) PLANNING.—A local educational agency shall
not expend funds under this part after the third year that
such agency receives funds under this part for such
project.
225
‘‘SEC. 5110. LIMITATIONS.
‘‘(a) DURATION OF AWARDS.—A grant under this
part shall be awarded for a period that shall not exceed
three fiscal years.
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local
educational agency may expend for planning not more
than 50 percent of the funds received under this part for
the first year of the project, 15 percent of such funds for
the second such year, and 10 percent of such funds for
the third such year.
‘‘(c) AMOUNT.—No local educational agency or con-
sortium awarded a grant under this part shall receive
more than $4,000,000 under this part in any one fiscal
year.
‘‘(d) TIMING.—To the extent practicable, the Sec-
retary shall award grants for any fiscal year under this
part not later than July 1 of the applicable fiscal year.
‘‘SEC. 5111. EVALUATIONS.
‘‘(a) RESERVATION.—The Secretary may reserve not
more than 2 percent of the funds appropriated under sec-
tion 5112(a) for any fiscal year to carry out evaluations,
technical assistance, and dissemination projects with re-
spect to magnet school projects and programs assisted
under this part.
‘‘(b) CONTENTS.—Each evaluation described in sub-
section (a), at a minimum, shall address—
226
‘‘(1) how and the extent to which magnet school
programs lead to educational quality and improve-
ment;
‘‘(2) the extent to which magnet school pro-
grams enhance student access to quality education;
‘‘(3) the extent to which magnet school pro-
grams lead to the elimination, reduction, or preven-
tion of minority group isolation in elementary and
secondary schools with substantial proportions of mi-
nority students; and
‘‘(4) the extent to which magnet school pro-
grams differ from other school programs in terms of
the organizational characteristics and resource allo-
cations of such magnet school programs.
‘‘SEC. 5112. AUTHORIZATION OF APPROPRIATIONS; RES-
ERVATION.
‘‘(a) AUTHORIZATION.—For the purpose of carrying
out this part, there are authorized to be appropriated
$120,000,000 for fiscal year 2000 and such sums as may
be necessary for each of fiscal years 2001 through 2004.
‘‘(b) AVAILABILITY
OF FUNDS
FOR GRANTS
TO
AGENCIES NOT PREVIOUSLY ASSISTED.—In any fiscal
year for which the amount appropriated pursuant to sub-
section (a) exceeds $75,000,000, the Secretary shall give
priority to using such amounts in excess of $75,000,000
227
to award grants to local educational agencies or consortia
of such agencies that did not receive a grant under this
part in the preceding fiscal year.
‘‘PART B—PUBLIC SCHOOL CHOICE
‘‘SEC. 5201. SHORT TITLE.
‘‘This part may be cited as the ‘Public School Choice
Act of 1999’.
‘‘SEC. 5202. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) a wide variety of educational opportunities,
options, and choices in the public school system is
needed to help all children achieve to high stand-
ards;
‘‘(2) high-quality public school choice programs
that are genuinely open and accessible to all stu-
dents (including poor, minority, limited English pro-
ficient, and disabled students) broaden educational
opportunities and promote excellence in education;
‘‘(3) current research shows that—
‘‘(A) students learn in different ways, ben-
efiting from different teaching methods and in-
structional settings; and
‘‘(B) family involvement in a child’s edu-
cation is a key factor supporting student
achievement;
228
‘‘(4) public school systems have begun to de-
velop a variety of innovative programs that offer ex-
panded choices to parents and students; and
‘‘(5) the Federal Government should support
and expand efforts to give students and parents the
high-quality public school choices they seek, to help
eliminate barriers to effective public school choice,
and to disseminate the lessons learned from high-
quality choice programs so that all public schools
can benefit from these efforts.
‘‘(b) PURPOSE.—It is the purpose of this part to
identify and support innovative approaches to high-quality
public school choice by providing financial assistance for
the demonstration, development, implementation, and
evaluation of, and dissemination of information about,
public school choice projects that stimulate educational in-
novation for all public schools and contribute to standards-
based school reform efforts.
‘‘SEC. 5203. GRANTS.
‘‘(a) IN GENERAL.—From funds appropriated under
section 5206(a) and not reserved under section 5206(b),
the Secretary is authorized to make grants to State and
local educational agencies to support programs that pro-
mote innovative approaches to high-quality public school
choice.
229
‘‘(b) DURATION.—Grants under this part shall not
exceed 3 years.
‘‘SEC. 5204. USES OF FUNDS.
‘‘(a) IN GENERAL—
‘‘(1) PUBLIC
SCHOOL
CHOICE.—Funds under
this part may be used to demonstrate, develop, im-
plement, evaluate, and disseminate information on
innovative approaches to promote public school
choice, including the design and development of new
public school choice options, the development of new
strategies for overcoming barriers to effective public
school choice, the design and development of new
strategies for overcoming transportation barriers,
and the design and development of public school
choice systems that promote high standards for all
students and the continuous improvement of all pub-
lic schools.
‘‘(2) 
INNOVATIVE
APPROACHES.—Such 
ap-
proaches at the school, local educational agency, and
State levels may include—
‘‘(A) inter-district or intra-district ap-
proaches to public school choice, including ap-
proaches that increase equal access to high-
quality educational programs and diversity in
schools;
230
‘‘(B) public elementary and secondary pro-
grams that involve partnerships with institu-
tions of higher education and that are located
on the campuses of those institutions;
‘‘(C) programs that allow students in pub-
lic secondary schools to enroll in postsecondary
courses and to receive both secondary and post-
secondary academic credit;
‘‘(D) worksite satellite schools, in which
State or local educational agencies form part-
nerships with public or private employers, to
create public schools at parents’ places of em-
ployment; and
‘‘(E) public school choice programs that
augment the existing transportation services
necessary to meet the needs of children partici-
pating in such programs.
‘‘(b) LIMITATIONS.—Funds under this part—
‘‘(1) shall supplement, and not supplant, non-
Federal funds expended for existing programs; and
‘‘(2) may not be used to fund projects that are
specifically authorized under part A of title V, or
part C of title X.
231
‘‘SEC. 5205. GRANT APPLICATION; PRIORITIES.
‘‘(a) APPLICATION REQUIRED.—A State or local edu-
cational agency desiring to receive a grant under this part
shall submit an application to the Secretary.
‘‘(b) APPLICATION
CONTENTS.—Each application
shall include—
‘‘(1) a description of the program for which
funds are sought and the goals for such program;
‘‘(2) a description of how the program funded
under this part will be coordinated with, and will
complement and enhance, programs under other re-
lated Federal and non-Federal projects;
‘‘(3) if the program includes partners, the name
of each partner and a description of the partner’s
responsibilities;
‘‘(4) a description of the policies and procedures
the applicant will use to ensure—
‘‘(A) its accountability for results, includ-
ing its goals and performance indicators; and
‘‘(B) that the program is open and acces-
sible to, and will promote high academic stand-
ards for, all students; and
‘‘(5) such other information as the Secretary
may require.
‘‘(c) PRIORITIES.—
232
‘‘(1) HIGH-POVERTY AGENCIES.—The Secretary
shall give a priority to applications for projects that
would serve high-poverty local educational agencies.
‘‘(2) PARTNERSHIPS.—The Secretary may give
a priority to applications demonstrating that the ap-
plicant will carry out its project in partnership with
one or more public and private agencies, organiza-
tions, and institutions, including institutions of high-
er education and public and private employers.
‘‘SEC. 5206. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—For the purpose of carrying out
this part, there are authorized to be appropriated
$20,000,000 for fiscal year 2000 and such sums as may
be necessary for each of the four succeeding fiscal years.
‘‘(b) RESERVATION FOR EVALUATION, TECHNICAL
ASSISTANCE, AND DISSEMINATION.—From the amount
appropriated under subsection (a) for any fiscal year, the
Secretary may reserve not more than 5 percent to carry
out evaluations under subsection (c), to provide technical
assistance, and to disseminate information.
‘‘(c) EVALUATIONS.—The Secretary may use funds
reserved under subsection (b) to carry out one or more
evaluations of programs assisted under this part, which
shall, at a minimum, address—
233
‘‘(1) how, and the extent to which, the pro-
grams supported with funds under this part promote
educational equity and excellence; and
‘‘(2) the extent to which public schools of choice
supported with funds under this part are—
‘‘(A) held accountable to the public;
‘‘(B) effective in improving public edu-
cation; and
‘‘(C) open and accessible to all students.
‘‘SEC. 5207. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) 
HIGH-POVERTY
LOCAL
EDUCATIONAL
AGENCY.—The term ‘high-poverty local educational
agency’ means a local educational agency in which—
‘‘(A) the percentage of children, ages 5 to
17, from families with incomes below the pov-
erty line (as defined by the Office of Manage-
ment and Budget and revised annually in ac-
cordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved for
the most recent fiscal year for which satisfac-
tory data are available is 20 percent or greater;
or
234
‘‘(B) the number of such children exceeds
10,000.
‘‘(2) OTHER TERMS.—Other terms used in this
part shall have the meaning given such terms in sec-
tion 14101 (20 U.S.C. 8801).
‘‘PART C—WOMEN’S EDUCATIONAL EQUITY
‘‘SEC. 5301. SHORT TITLE; FINDINGS.
‘‘(a) SHORT TITLE.—This part may be cited as the
‘Women’s Educational Equity Act of 1994’.
‘‘(b) FINDINGS.—The Congress finds that—
‘‘(1) since the enactment of title IX of the Edu-
cation Amendments of 1972, women and girls have
made strides in educational achievement and in their
ability to avail themselves of educational opportuni-
ties;
‘‘(2) because of funding provided under the
Women’s Educational Equity Act, more curricula,
training, and other educational materials concerning
educational equity for women and girls are available
for national dissemination;
‘‘(3) teaching and learning practices in the
United States are frequently inequitable as such
practices relate to women and girls, for example—
‘‘(A) sexual harassment, particularly that
experienced by girls, undermines the ability of
235
schools to provide a safe and equitable learning
or workplace environment;
‘‘(B) classroom textbooks and other edu-
cational materials do not sufficiently reflect the
experiences, 
achievements, 
or 
concerns 
of
women and, in most cases, are not written by
women or persons of color;
‘‘(C) girls do not take as many mathe-
matics and science courses as boys, girls lose
confidence in their mathematics and science
ability as girls move through adolescence, and
there are few women role models in the
sciences;
‘‘(D) the low number of girls taking higher
level computer science courses leading to tech-
nical careers, and the low degree of participa-
tion of women in the development of education
technology, will perpetuate a cycle of disadvan-
tage for girls in elementary schools and sec-
ondary schools as technology is increasingly in-
tegrated into the classroom; and
‘‘(E) pregnant and parenting teenagers are
at high risk for dropping out of school and ex-
isting dropout prevention programs do not ade-
quately address the needs of such teenagers;
236
‘‘(4) efforts to improve the quality of public
education also must include efforts to ensure equal
access to quality education programs for all women
and girls;
‘‘(5) Federal support should address not only
research and development of innovative model cur-
ricula and teaching and learning strategies to pro-
mote gender equity, but should also assist schools
and local communities implement gender equitable
practices;
‘‘(6) Federal assistance for gender equity must
be tied to systemic reform, involve collaborative ef-
forts to implement effective gender practices at the
local level, and encourage parental participation; and
‘‘(7) excellence in education, high educational
achievements and standards, and the full participa-
tion of women and girls in American society, cannot
be achieved without educational equity for women
and girls.
‘‘SEC. 5302. STATEMENT OF PURPOSES.
‘‘It is the purpose of this part—
‘‘(1) to promote gender equity in education in
the United States;
‘‘(2) to provide financial assistance to enable
educational agencies and institutions to meet the re-
237
quirements of title IX of the Educational Amend-
ments of 1972; and
‘‘(3) to promote equity in education for women
and girls who suffer from multiple forms of discrimi-
nation based on sex, race, ethnic origin, limited-
English proficiency, disability, or age.
‘‘SEC. 5303. PROGRAMS AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized—
‘‘(1) to promote, coordinate, and evaluate gen-
der equity policies, programs, activities and initia-
tives in all Federal education programs and offices;
‘‘(2) to develop, maintain, and disseminate ma-
terials, resources, analyses, and research relating to
education equity for women and girls;
‘‘(3) to provide information and technical as-
sistance to assure the effective implementation of
gender equity programs;
‘‘(4) to coordinate gender equity programs and
activities with other Federal agencies with jurisdic-
tion over education and related programs;
‘‘(5) to assist the Assistant Secretary of the Of-
fice of Educational Research and Improvement in
identifying research priorities related to education
equity for women and girls; and
238
‘‘(6) to perform any other activities consistent
with achieving the purposes of this part.
‘‘(b) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to make grants to, and enter into contracts and co-
operative agreements with, public agencies, private
nonprofit agencies, organizations, institutions, stu-
dent groups, community groups, and individuals, for
a period not to exceed four years, to—
‘‘(A) provide grants to develop model eq-
uity programs;
‘‘(B) provide funds for the implementation
of equity programs in schools throughout the
Nation; and
‘‘(C) provide grants to local educational
agencies in communities with an historic tie to
a major leader in the women’s sufferage move-
ment to educate its students about the signifi-
cance of the community’s significant former
resident.
‘‘(2) SUPPORT AND TECHNICAL ASSISTANCE.—
To achieve the purposes of this part, the Secretary
is authorized to provide support and technical
assistance—
239
‘‘(A) to implement effective gender-equity
policies and programs at all educational levels,
including—
‘‘(i) assisting educational agencies and
institutions to implement policies and prac-
tices to comply with title IX of the Edu-
cation Amendments of 1972;
‘‘(ii) training for teachers, counselors,
administrators, and other school personnel,
especially preschool and elementary school
personnel, in gender equitable teaching and
learning practices;
‘‘(iii) leadership training for women
and girls to develop professional and mar-
ketable skills to compete in the global mar-
ketplace, improve self-esteem, and benefit
from exposure to positive role models;
‘‘(iv) school-to-work transition pro-
grams, guidance and counseling activities,
and other programs to increase opportuni-
ties for women and girls to enter a techno-
logically demanding workplace and, in par-
ticular, to enter highly skilled, high paying
careers in which women and girls have
been underrepresented;
240
‘‘(v) enhancing educational and career
opportunities for those women and girls
who suffer multiple forms of discrimina-
tion, based on sex and on race, ethnic ori-
gin, limited-English proficiency, disability,
socioeconomic status, or age;
‘‘(vi) assisting pregnant students and
students rearing children to remain in or
to return to secondary school, graduate,
and prepare their preschool children to
start school;
‘‘(vii) evaluating exemplary model pro-
grams to assess the ability of such pro-
grams to advance educational equity for
women and girls;
‘‘(viii) introduction into the classroom
of textbooks, curricula, and other materials
designed to achieve equity for women and
girls;
‘‘(ix) programs and policies to address
sexual harassment and violence against
women and girls and to ensure that edu-
cational institutions are free from threats
to the safety of students and personnel;
241
‘‘(x) nondiscriminatory tests of apti-
tude and achievement and of alternative
assessments that eliminate biased assess-
ment instruments from use;
‘‘(xi) programs to increase educational
opportunities, including higher education,
vocational training, and other educational
programs for low-income women, including
underemployed and unemployed women,
and women receiving assistance under a
State program funded under part A of title
IV of the Social Security Act;
‘‘(xii) programs to improve represen-
tation of women in educational administra-
tion at all levels; and
‘‘(xiii) planning, development and ini-
tial implementation of—
‘‘(I) comprehensive institution- or
districtwide evaluation to assess the
presence or absence of gender equity
in educational settings;
‘‘(II) comprehensive plans for im-
plementation of equity programs in
State and local educational agencies
242
and institutions of higher education;
including community colleges; and
‘‘(III) innovative approaches to
school-community 
partnerships 
for
educational equity;
‘‘(B) for research and development, which
shall be coordinated with each of the research
institutes of the Office of Educational Research
and Improvement to avoid duplication of re-
search efforts, designed to advance gender eq-
uity nationwide and to help make policies and
practices in educational agencies and institu-
tions, and local communities, gender equitable,
including—
‘‘(i) research and development of inno-
vative strategies and model training pro-
grams for teachers and other education
personnel;
‘‘(ii) the development of high quality
and challenging assessment instruments
that are nondiscriminatory;
‘‘(iii) the development and evaluation
of model curricula, textbooks, software,
and other educational materials to ensure
243
the absence of gender stereotyping and
bias;
‘‘(iv) the development of instruments
and procedures that employ new and inno-
vative strategies to assess whether diverse
educational settings are gender equitable;
‘‘(v) the development of instruments
and strategies for evaluation, dissemina-
tion, and replication of promising or exem-
plary programs designed to assist local
educational agencies in integrating gender
equity in their educational policies and
practices;
‘‘(vi) updating high quality edu-
cational materials previously developed
through awards made under this part;
‘‘(vii) the development of policies and
programs to address and prevent sexual
harassment and violence to ensure that
educational institutions are free from
threats to safety of students and per-
sonnel;
‘‘(viii) the development and improve-
ment of programs and activities to increase
opportunity for women, including con-
244
tinuing educational activities, vocational
education, and programs for low-income
women, including underemployed and un-
employed women, and women receiving as-
sistance under the State program funded
under part A of title IV of the Social Secu-
rity Act; and
‘‘(ix) the development of guidance and
counseling activities, including career edu-
cation programs, designed to ensure gen-
der equity.
‘‘SEC. 5304. APPLICATIONS.
‘‘An application under this part shall—
‘‘(1) set forth policies and procedures that will
ensure a comprehensive evaluation of the activities
assisted under this part, including an evaluation of
the practices, policies, and materials used by the ap-
plicant and an evaluation or estimate of the contin-
ued significance of the work of the project following
completion of the award period;
‘‘(2) where appropriate, demonstrate how funds
received under this part will be used to promote the
attainment of one or more of the National Edu-
cation Goals;
245
‘‘(3) demonstrate how the applicant will address
perceptions of gender roles based on cultural dif-
ferences or stereotypes;
‘‘(4) where appropriate, describe how funds
under this part will be used in a manner that is con-
sistent with programs under the School-to-Work Op-
portunities Act of 1994;
‘‘(5) for applications for assistance under sec-
tion 5303(b)(1), demonstrate how the applicant will
foster partnerships and, where applicable, share re-
sources with State educational agencies, local edu-
cational agencies, institutions of higher education,
community-based organizations (including organiza-
tions serving women), parent, teacher, and student
groups, businesses or other recipients of Federal
educational funding which may include State literacy
resource centers;
‘‘(6) for applications for assistance under sec-
tion 5303(b)(1), demonstrate how parental involve-
ment in the project will be encouraged; and
‘‘(7) for applications for assistance under sec-
tion 5303(b)(1), describe plans for continuation of
the activities assisted under this part with local sup-
port following completion of the grant period and
termination of Federal support under this part.
246
‘‘SEC. 5305. CRITERIA AND PRIORITIES.
‘‘(a) CRITERIA AND PRIORITIES.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish separate criteria and priorities for awards under
paragraphs (1) and (2) of section 5303(b) to ensure
that funds under this part are used for programs
that most effectively will achieve the purposes of this
part.
‘‘(2) CRITERIA.—The criteria described in sub-
section (a) may include the extent to which the ac-
tivities assisted under this part—
‘‘(A) address the needs of women and girls
of color and women and girls with disabilities;
‘‘(B) meet locally defined and documented
educational equity needs and priorities, includ-
ing compliance with title IX of the Education
Amendments of 1972;
‘‘(C) are a significant component of a com-
prehensive plan for educational equity and com-
pliance with title IX of the Education Amend-
ments of 1972 in the particular school district,
institution of higher education, vocational-tech-
nical institution, or other educational agency or
institution; and
‘‘(D) implement an institutional change
strategy with long-term impact that will con-
247
tinue as a central activity of the applicant after
the grant under this part has terminated.
‘‘(b) PRIORITIES.—In approving applications under
this part, the Secretary may give special consideration to
applications—
‘‘(1) submitted by applicants that have not re-
ceived assistance under this part or under part C of
title IX of this Act (as such part was in effect on
October 1, 1988);
‘‘(2) for projects that will contribute signifi-
cantly to directly improving teaching and learning
practices in the local community; and
‘‘(3) for projects that will—
‘‘(A) provide for a comprehensive approach
to enhancing gender equity in educational insti-
tutions and agencies;
‘‘(B) draw on a variety of resources, in-
cluding the resources of local educational agen-
cies, community-based organizations, institu-
tions of higher education, and private organiza-
tions;
‘‘(C) implement a strategy with long-term
impact that will continue as a central activity of
the applicant after the grant under this part
has terminated;
248
‘‘(D) address issues of national signifi-
cance that can be duplicated; and
‘‘(E) address the educational needs of
women and girls who suffer multiple or com-
pound discrimination based on sex and on race,
ethnic origin, disability, or age.
‘‘(c) SPECIAL RULE.—To the extent feasible, the Sec-
retary shall ensure that grants awarded under this part
for each fiscal year address—
‘‘(1) all levels of education, including preschool,
elementary and secondary education, higher edu-
cation, vocational education, and adult education;
‘‘(2) all regions of the United States; and
‘‘(3) urban, rural, and suburban educational in-
stitutions.
‘‘(d) COORDINATION.—Research activities supported
under this part—
‘‘(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
249
the Office of Educational Research and Improve-
ment.
‘‘(e) LIMITATION.—Nothing in this part shall be con-
strued as prohibiting men and boys from participating in
any programs or activities assisted with funds under this
part.
‘‘SEC. 5306. REPORT.
‘‘The Secretary, not later than January 1, 2004, shall
submit to the President and Congress a report on the sta-
tus of educational equity for girls and women in the Na-
tion.
‘‘SEC. 5307. ADMINISTRATION.
‘‘(a) EVALUATION; DISSEMINATION; REPORT.—The
Secretary—
‘‘(1) shall evaluate, in accordance with section
14701, materials and programs developed under this
part;
‘‘(2) shall disseminate materials and programs
developed under this part; and
‘‘(3) shall report to Congress regarding such
evaluation, materials, and programs not later than
January 1, 2003.
‘‘(b) PROGRAM OPERATIONS.—The Secretary shall
ensure that the activities assisted under this part are ad-
ministered within the Department by a person who has
250
recognized professional qualifications and experience in
the field of gender equity education.
‘‘SEC. 5308. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $5,000,000 for fiscal year
2000 and such sums as may be necessary for each of the
four succeeding fiscal years, of which not less than two-
thirds of the amount appropriated under this section for
each fiscal year shall be available to carry out the activities
described in section 5303(b)(1).’’.
SEC. 202. CONTINUATION OF AWARDS.
Notwithstanding the amendment made by section
201, any local educational agency or consortium of such
agencies that was awarded a grant under section 5111 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7211) prior to the date of the enactment of this
Act shall continue to receive funds in accordance with the
terms of such award until the date on which the award
period terminates under such terms.
TITLE III—TEACHER LIABILITY
PROTECTION
SEC. 301. TEACHER LIABILITY PROTECTION.
The Elementary and Secondary Education Act of
1965 (20 U.S.C 6301 et seq.) is amended by adding at
the end the following:
251
‘‘TITLE XV—TEACHER LIABILITY
PROTECTION
‘‘SEC. 15001. SHORT TITLE.
‘‘This title may be cited as the ‘Teacher Liability Pro-
tection Act of 1999’.
‘‘SEC. 15002. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) The ability of teachers, principals and
other school professionals to teach, inspire and
shape the intellect of our Nation’s elementary and
secondary school students is deterred and hindered
by frivolous lawsuits and litigation.
‘‘(2) Each year more and more teachers, prin-
cipals and other school professionals face lawsuits
for actions undertaken as part of their duties to pro-
vide millions of school children quality educational
opportunities.
‘‘(3) Too many teachers, principals and other
school professionals face increasingly severe and ran-
dom acts of violence in the classroom and in schools.
‘‘(4) Providing teachers, principals and other
school professionals a safe and secure environment is
an important part of the effort to improve and ex-
pand educational opportunities.
252
‘‘(5) Clarifying and limiting the liability of
teachers, principals and other school professionals
who undertake reasonable actions to maintain order,
discipline and an appropriate educational environ-
ment is an appropriate subject of Federal legislation
because—
‘‘(A) the scope of the problems created by
the legitimate fears of teachers, principals and
other school professionals about frivolous, arbi-
trary or capricious lawsuits against teachers is
of national importance; and
‘‘(B) millions of children and their families
across the Nation depend on teachers, prin-
cipals and other school professionals for the in-
tellectual development of children.
‘‘(b) PURPOSE.—The purpose of this title is to pro-
vide teachers, principals and other school professionals the
tools they need to undertake reasonable actions to main-
tain order, discipline and an appropriate educational envi-
ronment.
‘‘SEC. 15003. PREEMPTION AND ELECTION OF STATE NON-
APPLICABILITY.
‘‘(a) PREEMPTION.—This title preempts the laws of
any State to the extent that such laws are inconsistent
with this title, except that this title shall not preempt any
253
State law that provides additional protection from liability
relating to teachers.
‘‘(b) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—This title shall not apply to any civil action in
a State court against a teacher in which all parties are
citizens of the State if such State enacts a statute in ac-
cordance 
with 
State 
requirements 
for 
enacting
legislation—
‘‘(1) citing the authority of this subsection;
‘‘(2) declaring the election of such State that
this title shall not apply, as of a date certain, to
such civil action in the State; and
‘‘(3) containing no other provisions.
‘‘SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.
‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Ex-
cept as provided in subsections (b) and (c), no teacher in
a school shall be liable for harm caused by an act or omis-
sion of the teacher on behalf of the school if—
‘‘(1) the teacher was acting within the scope of
the teacher’s employment or responsibilities related
to providing educational services;
‘‘(2) the actions of the teacher were carried out
in conformity with local, State, and Federal laws,
rules and regulations in furtherance of efforts to
254
control, discipline, expel, or suspend a student or
maintain order or control in the classroom or school;
‘‘(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the ap-
propriate authorities for the activities or practice in
the State in which the harm occurred, where the ac-
tivities were or practice was undertaken within the
scope of the teacher’s responsibilities;
‘‘(4) the harm was not caused by willful or
criminal misconduct, gross negligence, reckless mis-
conduct, or a conscious, flagrant indifference to the
rights or safety of the individual harmed by the
teacher; and
‘‘(5) the harm was not caused by the teacher
operating a motor vehicle, vessel, aircraft, or other
vehicle for which the State requires the operator or
the owner of the vehicle, craft, or vessel to—
‘‘(A) possess an operator’s license; or
‘‘(B) maintain insurance.
‘‘(b) CONCERNING RESPONSIBILITY OF TEACHERS
TO SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing
in this section shall be construed to affect any civil action
brought by any school or any governmental entity against
any teacher of such school.
255
‘‘(c) EXCEPTIONS TO TEACHER LIABILITY PROTEC-
TION.—If the laws of a State limit teacher liability subject
to one or more of the following conditions, such conditions
shall not be construed as inconsistent with this section:
‘‘(1) A State law that requires a school or gov-
ernmental entity to adhere to risk management pro-
cedures, including mandatory training of teachers.
‘‘(2) A State law that makes the school or gov-
ernmental entity liable for the acts or omissions of
its teachers to the same extent as an employer is lia-
ble for the acts or omissions of its employees.
‘‘(3) A State law that makes a limitation of li-
ability inapplicable if the civil action was brought by
an officer of a State or local government pursuant
to State or local law.
‘‘(d) LIMITATION ON PUNITIVE DAMAGES BASED ON
THE ACTIONS OF TEACHERS.—
‘‘(1) GENERAL RULE.—Punitive damages may
not be awarded against a teacher in an action
brought for harm based on the action of a teacher
acting within the scope of the teacher’s responsibil-
ities to a school or governmental entity unless the
claimant establishes by clear and convincing evidence
that the harm was proximately caused by an action
of such teacher which constitutes willful or criminal
256
misconduct, or a conscious, flagrant indifference to
the rights or safety of the individual harmed.
‘‘(2) CONSTRUCTION.—Paragraph (1) does not
create a cause of action for punitive damages and
does not preempt or supersede any Federal or State
law to the extent that such law would further limit
the award of punitive damages.
‘‘(e) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
‘‘(1) IN GENERAL.—The limitations on the li-
ability of a teacher under this title shall not apply
to any misconduct that—
‘‘(A) constitutes a crime of violence (as
that term is defined in section 16 of title 18,
United States Code) or act of international ter-
rorism (as that term is defined in section 2331
of title 18, United States Code) for which the
defendant has been convicted in any court;
‘‘(B) involves a sexual offense, as defined
by applicable State law, for which the defendant
has been convicted in any court;
‘‘(C) involves misconduct for which the de-
fendant has been found to have violated a Fed-
eral or State civil rights law; or
‘‘(D) where the defendant was under the
influence (as determined pursuant to applicable
257
State law) of intoxicating alcohol or any drug at
the time of the misconduct.
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in
this subsection shall be construed to effect sub-
section (a)(3) or (d).
‘‘SEC. 15005. LIABILITY FOR NONECONOMIC LOSS.
‘‘(a) GENERAL RULE.—In any civil action against a
teacher, based on an action of a teacher acting within the
scope of the teacher’s responsibilities to a school or gov-
ernmental entity, the liability of the teacher for non-
economic loss shall be determined in accordance with sub-
section (b).
‘‘(b) AMOUNT OF LIABILITY.—
‘‘(1) IN GENERAL.—Each defendant who is a
teacher, shall be liable only for the amount of non-
economic loss allocated to that defendant in direct
proportion to the percentage of responsibility of that
defendant (determined in accordance with paragraph
(2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall
render a separate judgment against each defendant
in an amount determined pursuant to the preceding
sentence.
‘‘(2) PERCENTAGE
OF
RESPONSIBILITY.—For
purposes of determining the amount of noneconomic
258
loss allocated to a defendant who is a teacher under
this section, the trier of fact shall determine the per-
centage of responsibility of that defendant for the
claimant’s harm.
‘‘SEC. 15006. DEFINITIONS.
For purposes of this title:
‘‘(1) ECONOMIC
LOSS.—The term ‘economic
loss’ means any pecuniary loss resulting from harm
(including the loss of earnings or other benefits re-
lated to employment, medical expense loss, replace-
ment services loss, loss due to death, burial costs,
and loss of business or employment opportunities) to
the extent recovery for such loss is allowed under ap-
plicable State law.
‘‘(2) HARM.—The term ‘harm’ includes phys-
ical, nonphysical, economic, and noneconomic losses.
‘‘(3) NONECONOMIC LOSSES.—The term ‘non-
economic losses’ means losses for physical and emo-
tional pain, suffering, inconvenience, physical im-
pairment, mental anguish, disfigurement, loss of en-
joyment of life, loss of society and companionship,
loss of consortium (other than loss of domestic serv-
ice), hedonic damages, injury to reputation and all
other nonpecuniary losses of any kind or nature.
259
‘‘(4) SCHOOL.—The term ‘school’ means a pub-
lic or private kindergarten, a public or private ele-
mentary school or secondary school (as defined in
section 14101, or a home school.
‘‘(5) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the
United States, or any political subdivision of any
such State, territory, or possession.
‘‘(6) TEACHER.—The term ‘teacher’ means a
teacher, instructor, principal, administrator, or other
educational professional that works in a school, a
local school board and any member of such board,
and a local educational agency and any employee of
such agency.
‘‘SEC. 15007. EFFECTIVE DATE.
‘‘(a) IN GENERAL.—This title shall take effect 90
days after the date of the enactment of the Student Re-
sults Act of 1999.
‘‘(b) APPLICATION.—This title applies to any claim
for harm caused by an act or omission of a teacher if that
claim is filed on or after the effective date of the Student
260
Results Act of 1999, without regard to whether the harm
that is the subject of the claim or the conduct that caused
the harm occurred before such effective date.’’.
TITLE IV—INDIAN, NATIVE HA-
WAIIAN, AND ALASKA NATIVE
EDUCATION
Subtitle A—Elementary and
Secondary Education Act of 1965
SEC. 401. AMENDMENTS.
Part A of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801 et seq.) is amend-
ed to read as follows:
‘‘PART A—INDIAN EDUCATION
‘‘SEC. 9101. FINDINGS.
‘‘Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults—
‘‘(A) are based on high-quality, inter-
nationally competitive content standards and
student performance standards and build on In-
dian culture and the Indian community;
‘‘(B) assist local educational agencies, In-
dian tribes, and other entities and individuals in
261
providing Indian students the opportunity to
achieve such standards; and
‘‘(C) meet the unique educational and cul-
turally related academic needs of American In-
dian and Alaska Native students;
‘‘(2) since the date of the enactment of the ini-
tial Indian Education Act in 1972, the level of in-
volvement of Indian parents in the planning, devel-
opment, and implementation of educational pro-
grams that affect such parents and their children
has increased significantly, and schools should con-
tinue to foster such involvement;
‘‘(3) although the number of Indian teachers,
administrators, and university professors has in-
creased since 1972, teacher training programs are
not recruiting, training, or retraining a sufficient
number of Indian individuals as educators to meet
the needs of a growing Indian student population in
elementary, secondary, vocational, adult, and higher
education;
‘‘(4) the dropout rate for Indian students is un-
acceptably high; 9 percent of Indian students who
were eighth graders in 1988 had dropped out of
school by 1990;
262
‘‘(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below
the poverty level increased from 24 percent to 31
percent, and the readiness of Indian children to
learn is hampered by the high incidence of poverty,
unemployment, and health problems among Indian
children and their families; and
‘‘(6) research related specifically to the edu-
cation of Indian children and adults is very limited,
and much of the research is of poor quality or is fo-
cused on limited local or regional issues.
‘‘SEC. 9102. PURPOSE.
‘‘(a) PURPOSE.—It is the purpose of this part to sup-
port the efforts of local educational agencies, Indian tribes
and organizations, postsecondary institutions, and other
entities to meet the unique educational and culturally re-
lated academic needs of American Indians and Alaska Na-
tives, so that such students can achieve to the same chal-
lenging State performance standards expected of all other
students.
‘‘(b) PROGRAMS.—This part carries out the purpose
described in subsection (a) by authorizing programs of di-
rect assistance for—
263
‘‘(1) meeting the unique educational and cul-
turally related academic needs of American Indians
and Alaska Natives;
‘‘(2) the education of Indian children and
adults;
‘‘(3) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
‘‘(4) research, evaluation, data collection, and
technical assistance.
‘‘Subpart 1—Formula Grants to Local Educational
Agencies
‘‘SEC. 9111. PURPOSE.
‘‘It is the purpose of this subpart to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students
in order to ensure that such programs—
‘‘(1) are based on challenging State content
standards and State student performance standards
that are used for all students; and
‘‘(2) are designed to assist Indian students in
meeting those standards and assist the Nation in
reaching the National Education Goals.
‘‘SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) IN GENERAL.—
264
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local
educational agency shall be eligible for a grant under
this subpart for any fiscal year if the number of In-
dian children eligible under section 9117 and who
were enrolled in the schools of the agency, and to
whom the agency provided free public education,
during the preceding fiscal year—
‘‘(A) was at least 10; or
‘‘(B) constituted not less than 25 percent
of the total number of individuals enrolled in
the schools of such agency.
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or
Oklahoma, or with respect to any local educational
agency located on, or in proximity to, a reservation.
‘‘(b) INDIAN TRIBES.—
‘‘(1) IN GENERAL.—If a local educational agen-
cy that is eligible for a grant under this subpart
does not establish a parent committee under section
9114(c)(4) for such grant, an Indian tribe that rep-
resents not less than one-half of the eligible Indian
children who are served by such local educational
agency may apply for such grant.
‘‘(2) SPECIAL RULE.—The Secretary shall treat
each Indian tribe applying for a grant pursuant to
265
paragraph (1) as if such Indian tribe were a local
educational agency for purposes of this subpart, ex-
cept that any such tribe is not subject to section
9114(c)(4), section 9118(c), or section 9119.
‘‘SEC. 9113. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANT AWARDS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall
allocate to each local educational agency which has
an approved application under this subpart an
amount equal to the product of—
‘‘(A) the number of Indian children who
are eligible under section 9117 and served by
such agency; and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure
of the State in which such agency is lo-
cated; or
‘‘(ii) 80 percent of the average per-
pupil expenditure in the United States.
‘‘(2) REDUCTION.—The Secretary shall reduce
the amount of each allocation determined under
paragraph (1) in accordance with subsection (e).
‘‘(b) MINIMUM GRANT.—
266
‘‘(1) IN GENERAL.—Notwithstanding subsection
(e), a local educational agency or an Indian tribe (as
authorized under section 9112(b)) that is eligible for
a grant under section 9112, and a school that is op-
erated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (d), that
submits an application that is approved by the Sec-
retary, shall, subject to appropriations, receive a
grant under this subpart in an amount that is not
less than $3,000.
‘‘(2) CONSORTIA.—Local educational agencies
may form a consortium for the purpose of obtaining
grants under this subpart.
‘‘(3) INCREASE.—The Secretary may increase
the minimum grant under paragraph (1) to not
more than $4,000 for all grantees if the Secretary
determines such increase is necessary to ensure the
quality of the programs provided.
‘‘(c) DEFINITION.—For the purpose of this section,
the term ‘average per-pupil expenditure of a State’ means
an amount equal to—
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the
State, plus any direct current expenditures by the
State for the operation of such agencies, without re-
267
gard to the sources of funds from which such local
or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the
computation is made; divided by
‘‘(2) the aggregate number of children who
were included in average daily attendance for whom
such agencies provided free public education during
such preceding fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE
BUREAU OF INDIAN AFFAIRS.—(1) Subject to subsection
(e), in addition to the grants awarded under subsection
(a), the Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of—
‘‘(A) the total number of Indian children en-
rolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe under
a contract with, or grant from, the Department
of the Interior under the Indian Self-Deter-
mination Act or the Tribally Controlled Schools
Act of 1988; and
‘‘(B) the greater of—
268
‘‘(i) the average per-pupil expenditure of
the State in which the school is located; or
‘‘(ii) 80 percent of the average per-pupil
expenditure in the United States.
‘‘(2) Any school described in paragraph (1)(A) that
wishes to receive an allocation under this subpart shall
submit an application in accordance with section 9114,
and shall otherwise be treated as a local educational agen-
cy for the purpose of this subpart, except that such school
shall not be subject to section 9114(c)(4), section 9118(c),
or section 9119.
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 9162(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a)(1) and for the Sec-
retary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
‘‘SEC. 9114. APPLICATIONS.
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this
subpart shall submit an application to the Secretary at
such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each
application submitted under subsection (a) shall include
269
a comprehensive program for meeting the needs of Indian
children served by the local educational agency, including
the language and cultural needs of the children, that—
‘‘(1) provides programs and activities to meet
the culturally related academic needs of American
Indian and Alaska Native students;
‘‘(2)(A) is consistent with State and local plans
under other provisions of this Act; and
‘‘(B) includes academic content and student
performance goals for such children, and bench-
marks for attaining such goals, that are based on
the challenging State standards under title I;
‘‘(3) explains how Federal, State, and local pro-
grams, especially under title I, will meet the needs
of such students;
‘‘(4) demonstrates how funds made available
under this subpart will be used for activities de-
scribed in section 9115;
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure that—
‘‘(A) teachers and other school profes-
sionals who are new to the Indian community
are prepared to work with Indian children; and
270
‘‘(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
‘‘(6) describes how the local educational
agency—
‘‘(A) will periodically assess the progress of
all Indian children enrolled in the schools of the
local educational agency, including Indian chil-
dren who do not participate in programs as-
sisted under this subpart, in meeting the goals
described in paragraph (2);
‘‘(B) will provide the results of each as-
sessment referred to in subparagraph (A) to—
‘‘(i) the committee of parents de-
scribed in subsection (c)(4); and
‘‘(ii) the community served by the
local educational agency; and
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the as-
sessments described in subparagraph (A).
‘‘(c) ASSURANCES.—Each application submitted
under subsection (a) shall include assurances that—
‘‘(1) the local educational agency will use funds
received under this subpart only to supplement the
271
level of funds that, in the absence of the Federal
funds made available under this subpart, such agen-
cy would make available for the education of Indian
children, and not to supplant such funds;
‘‘(2) the local educational agency will submit
such reports to the Secretary, in such form and con-
taining such information, as the Secretary may re-
quire to—
‘‘(A) carry out the functions of the Sec-
retary under this subpart; and
‘‘(B) determine the extent to which funds
provided to the local educational agency under
this subpart are effective in improving the edu-
cational achievement of Indian students served
by such agency;
‘‘(3) the program for which assistance is
sought—
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs
of the American Indian and Alaska Native stu-
dents to whom the local educational agency is
providing an education;
272
‘‘(B) will use the best available talents and
resources, including individuals from the Indian
community; and
‘‘(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian stu-
dents from secondary schools, including public
hearings held by such agency to provide the in-
dividuals described in this subparagraph a full
opportunity to understand the program and to
offer recommendations regarding the program;
and
‘‘(4) the local educational agency developed the
program with the participation and written approval
of a committee—
‘‘(A) that is composed of, and selected
by—
‘‘(i) parents of Indian children in the
local educational agency’s schools and
teachers; and
‘‘(ii) if appropriate, Indian students
attending secondary schools;
‘‘(B) a majority of whose members are
parents of Indian children;
273
‘‘(C) that sets forth such policies and pro-
cedures, including policies and procedures relat-
ing to the hiring of personnel, as will ensure
that the program for which assistance is sought
will be operated and evaluated in consultation
with, and with the involvement of, parents of
the children, and representatives of the area, to
be served;
‘‘(D) with respect to an application de-
scribing a schoolwide program in accordance
with section 9115(c), has—
‘‘(i) reviewed in a timely fashion the
program; and
‘‘(ii) determined that the program will
not diminish the availability of culturally
related activities for American Indian and
Alaskan Native students; and
‘‘(E) has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws.
‘‘SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this subpart
shall use the grant funds, in a manner consistent with the
274
purpose specified in section 9111, for services and activi-
ties that—
‘‘(1) are designed to carry out the comprehen-
sive program of the local educational agency for In-
dian students, and described in the application of
the local educational agency submitted to the Sec-
retary under section 9114(b);
‘‘(2) are designed with special regard for the
language and cultural needs of the Indian students;
and
‘‘(3) supplement and enrich the regular school
program of such agency.
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include—
‘‘(1) culturally related activities that support
the program described in the application submitted
by the local educational agency;
‘‘(2) early childhood and family programs that
emphasize school readiness;
‘‘(3) enrichment programs that focus on prob-
lem solving and cognitive skills development and di-
rectly support the attainment of challenging State
content standards and State student performance
standards;
275
‘‘(4) integrated educational services in combina-
tion with other programs that meet the needs of In-
dian children and their families;
‘‘(5) career preparation activities to enable In-
dian students to participate in programs such as the
programs supported by the Carl D. Perkins Voca-
tional and Technical Education Act of 1998, includ-
ing programs for tech-prep, mentoring, and appren-
ticeship;
‘‘(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
‘‘(7) the acquisition of equipment, but only if
the acquisition of the equipment is essential to meet
the purposes described in section 9111; and
‘‘(8) family literacy services.
‘‘(c) 
SCHOOLWIDE
PROGRAMS.—Notwithstanding
any other provision of law, a local educational agency may
use funds made available to such agency under this sub-
part to support a schoolwide program under section 1114
if—
‘‘(1) the committee composed of parents estab-
lished pursuant to section 9114(c)(4) approves the
use of the funds for the schoolwide program; and
‘‘(2) the schoolwide program is consistent with
the purposes described in section 9111.
276
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of the funds provided to a grantee
under this subpart for any fiscal year may be used for
administrative purposes.
‘‘SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.
‘‘(a) PLAN.—An entity receiving funds under this
subpart may submit a plan to the Secretary for the inte-
gration of education and related services provided to In-
dian students.
‘‘(b) COORDINATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan, the Secretary, in cooperation
with each Federal agency providing grants for the provi-
sion of education and related services to the applicant,
shall authorize the applicant to coordinate, in accordance
with such plan, its federally funded education and related
services programs, or portions thereof, serving Indian stu-
dents in a manner that integrates the program services
involved into a single, coordinated, comprehensive pro-
gram and reduces administrative costs by consolidating
administrative functions.
‘‘(c) PROGRAMS AFFECTED.—The funds that may be
consolidated in a demonstration project under any such
plan referred to in subsection (b) shall include funds for
any Federal program exclusively serving Indian children
or the funds reserved under any program to exclusively
277
serve Indian children under which the applicant is eligible
for receipt of funds under a statutory or administrative
formula for the purposes of providing education and re-
lated services which would be used to serve Indian stu-
dents.
‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac-
ceptable pursuant to subsection (b), it shall—
‘‘(1) identify the programs or funding sources
to be consolidated;
‘‘(2) be consistent with the purposes of this sec-
tion authorizing the services to be integrated in a
demonstration project;
‘‘(3) describe a comprehensive strategy which
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian students to achieve the goals set forth in
this subpart;
‘‘(4) describe the way in which services are to
be integrated and delivered and the results expected
from the plan;
‘‘(5) identify the projected expenditures under
the plan in a single budget;
‘‘(6) identify the local, State, or tribal agency
or agencies to be involved in the delivery of the serv-
ices integrated under the plan;
278
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the applicant be-
lieves need to be waived in order to implement its
plan;
‘‘(8) set forth measures of student achievement
and performance goals designed to be met within a
specified period of time; and
‘‘(9) be approved by a parent committee formed
in accordance with section 9114(c)(4), if such a
committee exists.
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be
used to implement the plan, and with the entity submit-
ting the plan. The parties so consulting shall identify any
waivers of statutory requirements or of Federal depart-
mental regulations, policies, or procedures necessary to en-
able the applicant to implement its plan. Notwithstanding
any other provision of law, the Secretary of the affected
department or departments shall have the authority to
waive any regulation, policy, or procedure promulgated by
that department that has been so identified by the appli-
cant or department, unless the Secretary of the affected
department determines that such a waiver is inconsistent
with the intent of this subpart or those provisions of the
279
statute from which the program involved derives its au-
thority which are specifically applicable to Indian stu-
dents.
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an applicant’s plan by the Secretary, the Secretary
shall inform the applicant, in writing, of the Secretary’s
approval or disapproval of the plan. If the plan is dis-
approved, the applicant shall be informed, in writing, of
the reasons for the disapproval and shall be given an op-
portunity to amend its plan or to petition the Secretary
to reconsider such disapproval.
‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU-
CATION.—Not later than 180 days after the date of the
enactment of the Student Results Act of 1999, the Sec-
retary of Education, the Secretary of the Interior, and the
head of any other Federal department or agency identified
by the Secretary of Education, shall enter into an inter-
departmental memorandum of agreement providing for
the implementation of the demonstration projects author-
ized under this section. The lead agency head for a dem-
onstration program under this section shall be—
‘‘(1) the Secretary of the Interior, in the case
of applicant meeting the definition of contract or
grant school under title XI of the Education Amend-
ments of 1978; or
280
‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include—
‘‘(1) the use of a single report format related
to the plan for the individual project which shall be
used by an eligible entity to report on the activities
undertaken under the project;
‘‘(2) the use of a single report format related
to the projected expenditures for the individual
project which shall be used by an eligible entity to
report on all project expenditures;
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and
‘‘(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical assist-
ance and the technical assistance provider.
‘‘(i) REPORT REQUIREMENTS.—A single report for-
mat shall be developed by the Secretary, consistent with
the requirements of this section. Such report format, to-
gether with records maintained on the consolidated pro-
gram at the local level, shall contain such information as
281
will allow a determination that the eligible entity has com-
plied with the requirements incorporated in its approved
plan, including the demonstration of student achievement,
and will provide assurances to each Secretary that the eli-
gible entity has complied with all directly applicable statu-
tory requirements and with those directly applicable regu-
latory requirements which have not been waived.
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall
the amount of Federal funds available to an eligible entity
involved in any demonstration project be reduced as a re-
sult of the enactment of this section.
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR-
IZED.—The Secretary is authorized to take such action
as may be necessary to provide for an interagency transfer
of funds otherwise available to an eligible entity in order
to further the purposes of this section.
‘‘(l) ADMINISTRATION OF FUNDS.—
‘‘(1) IN GENERAL.—Program funds shall be ad-
ministered in such a manner as to allow for a deter-
mination that funds from specific a program or pro-
grams are spent on allowable activities authorized
under such program, except that the eligible entity
shall determine the proportion of the funds granted
which shall be allocated to such program.
282
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.—
Nothing in this section shall be construed as requir-
ing the eligible entity to maintain separate records
tracing any services or activities conducted under its
approved plan to the individual programs under
which funds were authorized, nor shall the eligible
entity be required to allocate expenditures among
such individual programs.
‘‘(m) OVERAGE.—All administrative costs may be
commingled and participating entities shall be entitled to
the full amount of such costs (under each program or de-
partment’s regulations), and no overage shall be counted
for Federal audit purposes, provided that the overage is
used for the purposes provided for under this section.
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this
part shall be construed so as to interfere with the ability
of the Secretary or the lead agency to fulfill the respon-
sibilities for the safeguarding of Federal funds pursuant
to the Single Audit Act of 1984.
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO-
GRAM INTEGRATION.—
‘‘(1) PRELIMINARY REPORT.—Not later than 2
years after the date of the enactment of the Student
Results Act of 1999, the Secretary of Education
shall submit a preliminary report to the Committee
283
on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the
Workforce of the House of Representatives on the
status of the implementation of the demonstration
program authorized under this section.
‘‘(2) FINAL REPORT.—Not later than 5 years
after the date of the enactment of the Student Re-
sults Act of 1999, the Secretary of Education shall
submit a report to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the
House of Representatives on the results of the im-
plementation of the demonstration program author-
ized under this section. Such report shall identify
statutory barriers to the ability of participants to in-
tegrate more effectively their education and related
services to Indian students in a manner consistent
with the purposes of this section.
‘‘(p) DEFINITIONS.—For the purposes of this section,
the term ‘Secretary’ means—
‘‘(1) the Secretary of the Interior, in the case
of applicant meeting the definition of contract or
grant school under title XI of the Education Amend-
ments of 1978; or
284
‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘SEC. 9117. STUDENT ELIGIBILITY FORMS.
‘‘(a) IN GENERAL.—The Secretary shall require that,
as part of an application for a grant under this subpart,
each applicant shall maintain a file, with respect to each
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that
sets forth information establishing the status of the child
as an Indian child eligible for assistance under this sub-
part and that otherwise meets the requirements of subsec-
tion (b).
‘‘(b) FORMS.—
‘‘(1) IN GENERAL.—The form described in sub-
section (a) shall include—
‘‘(A) either—
‘‘(i)(I) the name of the tribe or band
of 
Indians 
(as 
described 
in 
section
9161(3)) with respect to which the child
claims membership;
‘‘(II) the enrollment number estab-
lishing the membership of the child (if
readily available); and
‘‘(III) the name and address of the
organization that maintains updated and
286
section 9113, an eligibility form prepared pursuant
to this section for a child shall include—
‘‘(A) the name of the child;
‘‘(B) the name of the tribe or band of Indi-
ans (as described in section 9161(3)) with re-
spect to which the child claims eligibility; and
‘‘(C) the dated signature of the parent or
guardian of the child.
‘‘(3) FAILURE.—The failure of an applicant to
furnish any information described in this subsection
other than the information described in paragraph
(2) with respect to any child shall have no bearing
on the determination of whether the child is an eligi-
ble Indian child for the purposes of determining the
amount of a grant award made under section 9113.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to affect a definition contained
in section 9161.
‘‘(d) FORMS
AND STANDARDS
OF PROOF.—The
forms and the standards of proof (including the standard
of good faith compliance) that were in use during the
1985–1986 academic year to establish the eligibility of a
child for entitlement under the Indian Elementary and
Secondary School Assistance Act shall be the forms and
standards of proof used—
287
‘‘(1) to establish such eligibility; and
‘‘(2) to meet the requirements of subsection (a).
‘‘(e) DOCUMENTATION.—For purposes of deter-
mining whether a child is eligible to be counted for the
purpose of computing the amount of a grant under section
9113, the membership of the child, or any parent or
grandparent of the child, in a tribe or band of Indians
may be established by proof other than an enrollment
number, notwithstanding the availability of an enrollment
number for a member of such tribe or band. Nothing in
subsection (b) shall be construed to require the furnishing
of an enrollment number.
‘‘(f) MONITORING AND EVALUATION REVIEW.—
‘‘(1) IN GENERAL.—(A) For each fiscal year, in
order to provide such information as is necessary to
carry out the responsibility of the Secretary to pro-
vide technical assistance under this subpart, the Sec-
retary shall conduct a monitoring and evaluation re-
view of a sampling of the recipients of grants under
this subpart. The sampling conducted under this
subparagraph shall take into account the size of the
local educational agency and the geographic location
of such agency.
‘‘(B) A local educational agency may not be
held liable to the United States or be subject to any
288
penalty, by reason of the findings of an audit that
relates to the date of completion, or the date of sub-
mission, of any forms used to establish, before April
28, 1988, the eligibility of a child for entitlement
under the Indian Elementary and Secondary School
Assistance Act.
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an
application for a grant under this subpart shall—
‘‘(A) be ineligible to apply for any other
grant under this part; and
‘‘(B) be liable to the United States for any
funds that have not been expended.
‘‘(3) EXCLUDED
CHILDREN.—A student who
provides false information for the form required
under subsection (a) shall not be counted for the
purpose of computing the amount of a grant under
section 9113.
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—
Notwithstanding any other provision of this section, in
awarding funds under this subpart to a tribal school that
receives a grant or contract from the Bureau of Indian
Affairs, the Secretary shall use only one of the following,
as selected by the school:
289
‘‘(1) A count of the number of students in those
schools certified by the Bureau.
‘‘(2) A count of the number of students for
whom the school has eligibility forms that comply
with this section.
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of
determining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant
under this subpart (other than in the case described in
subsection (g)(1)), the local educational agency shall—
‘‘(1) establish a date on, or a period not longer
than 31 consecutive days during which, the agency
counts those children, so long as that date or period
occurs before the deadline established by the Sec-
retary for submitting an application under section
9114; and
‘‘(2) determine that each such child was en-
rolled, and receiving a free public education, in a
school of the agency on that date or during that pe-
riod, as the case may be.
‘‘SEC. 9118. PAYMENTS.
‘‘(a) IN GENERAL.—Subject to subsections (b) and
(c), the Secretary shall pay to each local educational agen-
cy that submits an application that is approved by the Sec-
retary under this subpart the amount determined under
290
section 9113. The Secretary shall notify the local edu-
cational agency of the amount of the payment not later
than June 1 of the year for which the Secretary makes
the payment.
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT
BY
THE
STATE.—The Secretary may not make a grant under this
subpart to a local educational agency for a fiscal year if,
for such fiscal year, the State in which the local edu-
cational agency is located takes into consideration pay-
ments made under this subpart in determining the eligi-
bility of the local educational agency for State aid, or the
amount of the State aid, with respect to the free public
education of children during such fiscal year or the pre-
ceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO
MAINTAIN FISCAL EFFORT.—
‘‘(1) IN GENERAL.—The Secretary may not pay
a local educational agency the full amount of a grant
award determined under section 9113 for any fiscal
year unless the State educational agency notifies the
Secretary, and the Secretary determines that, with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, the combined fiscal effort of the local edu-
cational agency and the State, computed on either a
291
per student or aggregate expenditure basis, was not
less than 90 percent of the amount of the combined
fiscal effort, computed on the same basis, for the
second preceding fiscal year.
‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for
any fiscal year, the Secretary determines that a local
educational agency failed to maintain the fiscal ef-
fort of such agency at the level specified in para-
graph (1), the Secretary shall—
‘‘(A) reduce the amount of the grant that
would otherwise be made to such agency under
this subpart in the exact proportion of such
agency’s failure to maintain its fiscal effort at
such level; and
‘‘(B) not use the reduced amount of the
agency’s expenditures for the preceding year to
determine compliance with paragraph (1) for
any succeeding fiscal year, but shall use the
amount of expenditures that would have been
required to comply with paragraph (1).
‘‘(3) WAIVER.—(A) The Secretary may waive
the requirement of paragraph (1), for not more than
1 year at a time, if the Secretary determines that
the failure to comply with such requirement is due
to exceptional or uncontrollable circumstances, such
292
as a natural disaster or a precipitous and unforeseen
decline in the agency’s financial resources.
‘‘(B) The Secretary shall not use the reduced
amount of such agency’s expenditures for the fiscal
year preceding the fiscal year for which a waiver is
granted to determine compliance with paragraph (1)
for any succeeding fiscal year, but shall use the
amount of expenditures that would have been re-
quired to comply with paragraph (1) in the absence
of the waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallo-
cate, in a manner that the Secretary determines will best
carry out the purpose of this subpart, any amounts that—
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary
determines will not be needed by such agencies to
carry out approved programs under this subpart; or
‘‘(2) otherwise become available for reallocation
under this subpart.
‘‘SEC. 9119. STATE EDUCATIONAL AGENCY REVIEW.
‘‘Before submitting an application to the Secretary
under section 9114, a local educational agency shall sub-
mit the application to the State educational agency, which
may comment on such application. If the State educational
agency comments on the application, it shall comment on
293
all applications submitted by local educational agencies in
the State and shall provide those comments to the respec-
tive local educational agencies, with an opportunity to re-
spond.
‘‘Subpart 2—Special Programs and Projects To Im-
prove Educational Opportunities for Indian
Children
‘‘SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN.
‘‘(a) PURPOSE.—
‘‘(1) IN GENERAL.—It is the purpose of this
section to support projects to develop, test, and dem-
onstrate the effectiveness of services and programs
to improve educational opportunities and achieve-
ment of Indian children.
‘‘(2) COORDINATION.—The Secretary shall take
such actions as are necessary to achieve the coordi-
nation of activities assisted under this subpart
with—
‘‘(A) other programs funded under this
Act; and
‘‘(B) other Federal programs operated for
the benefit of American Indian and Alaska Na-
tive children.
294
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this
section, the term ‘eligible entity’ means a State edu-
cational agency, local educational agency, Indian tribe, In-
dian organization, federally supported elementary and sec-
ondary school for Indian students, Indian institution, in-
cluding an Indian institution of higher education, or a con-
sortium of such institutions.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants to eligible entities to enable such entities to
carry out activities that meet the purpose specified
in subsection (a)(1), including—
‘‘(A) innovative programs related to the
educational needs of educationally disadvan-
taged children;
‘‘(B) educational services that are not
available to such children in sufficient quantity
or quality, including remedial instruction, to
raise the achievement of Indian children in one
or more of the core academic subjects of
English, mathematics, science, foreign lan-
guages, art, history, and geography;
‘‘(C) bilingual and bicultural programs and
projects;
295
‘‘(D) special health and nutrition services,
and other related activities, that address the
unique health, social, and psychological prob-
lems of Indian children;
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or
reenter school, and to increase the rate of sec-
ondary school graduation;
‘‘(F) comprehensive guidance, counseling,
and testing services;
‘‘(G) early childhood and kindergarten pro-
grams, including family-based preschool pro-
grams that emphasize school readiness and pa-
rental skills, and the provision of services to In-
dian children with disabilities;
‘‘(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level to
aid such students in the transition from sec-
ondary school to postsecondary education;
‘‘(I) partnership projects between schools
and local businesses for career preparation pro-
grams designed to provide Indian youth with
296
the knowledge and skills such youth need to
make an effective transition from school to a
high-skill, high-wage career;
‘‘(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher edu-
cation;
‘‘(K) family literacy services; or
‘‘(L) other services that meet the purpose
described in subsection (a)(1).
‘‘(2) PROFESSIONAL
DEVELOPMENT.—Profes-
sional development of teaching professionals and
paraprofessional may be a part of any program as-
sisted under this section.
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—
‘‘(1) GRANT
REQUIREMENTS.—(A) The Sec-
retary may make multiyear grants under this section
for the planning, development, pilot operation, or
demonstration of any activity described in subsection
(c) for a period not to exceed 5 years.
‘‘(B) In making multiyear grants under this
section, the Secretary shall give priority to applica-
tions that present a plan for combining two or more
of the activities described in subsection (c) over a
period of more than 1 year.
297
‘‘(C) The Secretary shall make a grant payment
to an eligible entity after the initial year of the
multiyear grant only if the Secretary determines
that the eligible entity has made substantial progress
in carrying out the activities assisted under the
grant in accordance with the application submitted
under paragraph (2) and any subsequent modifica-
tions to such application.
‘‘(D)(i) In addition to awarding the multiyear
grants described in subparagraph (A), the Secretary
may award grants to eligible entities for the dissemi-
nation of exemplary materials or programs assisted
under this section.
‘‘(ii) The Secretary may award a dissemination
grant under this subparagraph if, prior to awarding
the grant, the Secretary determines that the mate-
rial or program to be disseminated has been ade-
quately reviewed and has demonstrated—
‘‘(I) educational merit; and
‘‘(II) the ability to be replicated.
‘‘(2) APPLICATION.—(A) Any eligible entity
that desires to receive a grant under this section
shall submit an application to the Secretary at such
time and in such manner as the Secretary may re-
quire.
298
‘‘(B) Each application submitted to the Sec-
retary under subparagraph (A), other than an appli-
cation for a dissemination grant under paragraph
(1)(D), shall contain—
‘‘(i) a description of how parents of Indian
children and representatives of Indian tribes
have been, and will be, involved in developing
and implementing the activities for which as-
sistance is sought;
‘‘(ii) assurances that the applicant will par-
ticipate, at the request of the Secretary, in any
national evaluation of activities assisted under
this section;
‘‘(iii) information demonstrating that the
proposed program is either a research-based
program (which may be a research-based pro-
gram that has been modified to be culturally
appropriate for the students who will be
served);
‘‘(iv) a description of how the applicant
will incorporate the proposed services into the
ongoing school program once the grant period is
over; and
‘‘(v) such other assurances and informa-
tion as the Secretary may reasonably require.
299
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this subpart
for any fiscal year may be used for administrative pur-
poses.
‘‘SEC. 9122. PROFESSIONAL DEVELOPMENT FOR TEACHERS
AND EDUCATION PROFESSIONALS.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to increase the number of qualified Indian
individuals in teaching or other education profes-
sions that serve Indian people;
‘‘(2) to provide training to qualified Indian indi-
viduals to enable such individuals to become teach-
ers, administrators, teacher aides, social workers,
and ancillary educational personnel; and
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in
paragraph (2).
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this
section, the term ‘eligible entity’ means—
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education;
‘‘(2) a State or local educational agency, in con-
sortium with an institution of higher education; and
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education.
300
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to eligible entities having applica-
tions approved under this section to enable such entities
to carry out the activities described in subsection (d).
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used to provide support and training
for Indian individuals in a manner consistent with
the purposes of this section. Such activities may in-
clude but are not limited to, continuing programs,
symposia, workshops, conferences, and direct finan-
cial support.
‘‘(2) SPECIAL RULES.—(A) For education per-
sonnel, the training received pursuant to a grant
under this section may be inservice or preservice
training.
‘‘(B) For individuals who are being trained to
enter any field other than teaching, the training re-
ceived pursuant to a grant under this section shall
be in a program that results in a graduate degree.
‘‘(e) APPLICATION.—Each eligible entity desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner and accompanied
by such information, as the Secretary may reasonably re-
quire.
301
‘‘(f) SPECIAL RULE.—In making grants under this
section, the Secretary—
‘‘(1) shall consider the prior performance of the
eligible entity; and
‘‘(2) may not limit eligibility to receive a grant
under this section on the basis of—
‘‘(A) the number of previous grants the
Secretary has awarded such entity; or
‘‘(B) the length of any period during which
such entity received such grants.
‘‘(g) GRANT PERIOD.—Each grant under this section
shall be awarded for a period of not more than 5 years.
‘‘(h) SERVICE OBLIGATION.—
‘‘(1) IN
GENERAL.—The Secretary shall re-
quire, by regulation, that an individual who receives
training pursuant to a grant made under this
section—
‘‘(A) perform work—
‘‘(i) related to the training received
under this section; and
‘‘(ii) that benefits Indian people; or
‘‘(B) repay all or a prorated part of the as-
sistance received.
‘‘(2) REPORTING.—The Secretary shall estab-
lish, by regulation, a reporting procedure under
302
which a grant recipient under this section shall, not
later than 12 months after the date of completion of
the training, and periodically thereafter, provide in-
formation concerning the compliance of such recipi-
ent with the work requirement under paragraph (1).
‘‘Subpart 3—National Research Activities
‘‘SEC. 9141. NATIONAL ACTIVITIES.
‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may
use funds made available under section 9162(b) for each
fiscal year to—
‘‘(1) conduct research related to effective ap-
proaches for the education of Indian children and
adults;
‘‘(2) evaluate federally assisted education pro-
grams from which Indian children and adults may
benefit;
‘‘(3) collect and analyze data on the educational
status and needs of Indians; and
‘‘(4) carry out other activities that are con-
sistent with the purpose of this part.
‘‘(b) ELIGIBILITY.—The Secretary may carry out any
of the activities described in subsection (a) directly or
through grants to, or contracts or cooperative agreements
with Indian tribes, Indian organizations, State educational
agencies, local educational agencies, institutions of higher
303
education, including Indian institutions of higher edu-
cation, and other public and private agencies and
institutions.
‘‘(c) COORDINATION.—Research activities supported
under this section—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to assure 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 by the
Office of Indian Education Programs and the Office
of Educational Research and Improvement.
‘‘Subpart 4—Federal Administration
‘‘SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION.
‘‘(a) MEMBERSHIP.—There is established a National
Advisory Council on Indian Education (hereafter in this
section referred to as the ‘Council’), which shall—
‘‘(1) consist of 15 Indian members, who shall
be appointed by the President from lists of nominees
furnished, from time-to-time, by Indian tribes and
organizations; and
304
‘‘(2) represent different geographic areas of the
United States.
‘‘(b) DUTIES.—The Council shall—
‘‘(1) advise the Secretary concerning the fund-
ing and administration (including the development of
regulations and administrative policies and prac-
tices) of any program, including any program estab-
lished under this part—
‘‘(A) with respect to which the Secretary
has jurisdiction; and
‘‘(B)(i) that includes Indian children or
adults as participants; or
‘‘(ii) that may benefit Indian children or
adults;
‘‘(2) make recommendations to the Secretary
for filling the position of Director of Indian Edu-
cation whenever a vacancy occurs; and
‘‘(3) submit to the Congress, not later than
June 30 of each year, a report on the activities of
the Council, including—
‘‘(A) any recommendations that the Coun-
cil considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
305
‘‘(B) 
recommendations 
concerning 
the
funding of any program described in subpara-
graph (A).
‘‘SEC. 9152. PEER REVIEW.
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under sub-
part 2 or 3.
‘‘SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.
‘‘In making grants under subpart 2 or 3, the Sec-
retary shall give a preference to Indian tribes, organiza-
tions, and institutions of higher education under any pro-
gram with respect to which Indian tribes, organizations,
and institutions are eligible to apply for grants.
‘‘SEC. 9154. MINIMUM GRANT CRITERIA.
‘‘The Secretary may not approve an application for
a grant under subpart 2 unless the application is for a
grant that is—
‘‘(1) of sufficient size, scope, and quality to
achieve the purpose or objectives of such grant; and
‘‘(2) based on relevant research findings.
‘‘Subpart 5—Definitions; Authorizations of
Appropriations
‘‘SEC. 9161. DEFINITIONS.
‘‘For the purposes of this part:
306
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who—
‘‘(A) has attained the age of 16 years; or
‘‘(B) has attained an age that is greater
than the age of compulsory school attendance
under an applicable State law.
‘‘(2) FREE
PUBLIC
EDUCATION.—The term
‘free public education’ means education that is—
‘‘(A) provided at public expense, under
public supervision and direction, and without
tuition charge; and
‘‘(B) provided as elementary or secondary
education in the applicable State or to preschool
children.
‘‘(3) INDIAN.—The term ‘Indian’ means an in-
dividual who is—
‘‘(A) a member of an Indian tribe or band,
as membership is defined by the tribe or band,
including—
‘‘(i) any tribe or band terminated
since 1940; and
‘‘(ii) any tribe or band recognized by
the State in which the tribe or band re-
sides;
307
‘‘(B) a descendant, in the first or second
degree, of an individual described in subpara-
graph (A);
‘‘(C) considered by the Secretary of the In-
terior to be an Indian for any purpose;
‘‘(D) an Eskimo, Aleut, or other Alaska
Native; or
‘‘(E) a member of an organized Indian
group that received a grant under the Indian
Education Act of 1988 as it was in effect the
day preceding the date of the enactment of the
Improving America’s Schools Act of 1994.
‘‘SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) SUBPART 1.—For the purpose of carrying out
subpart 1 of this part, there are authorized to be appro-
priated $62,000,000 for fiscal year 2000, and such sums
as may be necessary for each of fiscal years 2001 through
2004.
‘‘(b) SUBPARTS 2 AND 3.—For the purpose of car-
rying out subparts 2 and 3 of this part, there are author-
ized to be appropriated $4,000,000 for fiscal year 2000,
and such sums as may be necessary for each of the fiscal
years 2001 through 2004.’’.
308
PART B—NATIVE HAWAIIAN EDUCATION
SEC. 402. NATIVE HAWAIIAN EDUCATION.
Part B of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7901 et seq.) is re-
pealed.
PART C—ALASKA NATIVE EDUCATION
SEC. 403. ALASKA NATIVE EDUCATION.
Part C of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7931 et seq.) is
amended—
(1) by repealing sections 9304 through 9306
and inserting the following:
‘‘SEC. 9304. PROGRAM AUTHORIZED.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) PROGRAM AUTHORIZED.—The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational enti-
ties with experience in developing or operating Alas-
ka Native programs or programs of instruction con-
ducted in Alaska Native languages, and consortia of
such organizations and entities to carry out pro-
grams that meet the purpose of this part.
‘‘(2) 
PERMISSIBLE
ACTIVITIES.—Programs
under this part may include—
309
‘‘(A) the development and implementation
of plans, methods, and strategies to improve the
education of Alaska Natives;
‘‘(B) the development of curricula and edu-
cational programs that address the educational
needs of Alaska Native students, including—
‘‘(i) curriculum materials that reflect
the cultural diversity or the contributions
of Alaska Natives;
‘‘(ii) instructional programs that make
use of Native Alaskan languages; and
‘‘(iii) networks that introduce success-
ful programs, materials, and techniques to
urban and rural schools;
‘‘(C) professional development activities for
educators, including—
‘‘(i) programs to prepare teachers to
address the cultural diversity and unique
needs of Alaska Native students;
‘‘(ii) in-service programs to improve
the ability of teachers to meet the unique
needs of Alaska Native students; and
‘‘(iii) recruiting and preparing teach-
ers who are Alaska Natives, reside in com-
munities with high concentrations of Alas-
310
ka Native students, or are likely to succeed
as teachers in isolated, rural communities
and engage in cross-cultural instruction;
‘‘(D) the development and operation of
home instruction programs for Alaska Native
preschool children, the purpose of which is to
ensure the active involvement of parents in
their children’s education from the earliest
ages;
‘‘(E) family Literacy Services;
‘‘(F) the development and operation of stu-
dent enrichment programs in science and math-
ematics that—
‘‘(i) are designed to prepare Alaska
Native students from rural areas, who are
preparing to enter high school, to excel in
science and math; and
‘‘(ii) provide appropriate support serv-
ices to the families of such students that
are needed to enable such students to ben-
efit from the program;
‘‘(G) research and data collection activities
to determine the educational status and needs
of Alaska Native children and adults;
311
‘‘(H) other research and evaluation activi-
ties related to programs under this part; and
‘‘(I) other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
‘‘(3) HOME
INSTRUCTION
PROGRAMS.—Home
instruction programs for Alaska Native preschool
children under paragraph (2)(D) may include—
‘‘(A) programs for parents and their in-
fants, from prenatal through age three;
‘‘(B) preschool programs; and
‘‘(C) training, education, and support for
parents in such areas as reading readiness, ob-
servation, story-telling, and critical thinking.––
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of funds provided to a grantee under
this section for any fiscal year may be used for administra-
tive purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated $10,000,000 for fiscal
year 2000, and such sums as may be necessary for each
of the fiscal years 2001 through 2004 to carry out this
part.’’;
(2) in section 9307—
312
(A) by amending subsection (b) to read as
follows:
‘‘(b) APPLICATIONS.—State and local educational
agencies may apply for an award under this part only as
part of a consortium involving an Alaska Native organiza-
tion. This consortium may include other eligible appli-
cants.’’;
(B) by amending subsection (d) to read as
follows:
‘‘(d) LOCAL
EDUCATIONAL
AGENCY
COORDINA-
TION.—Each applicant for an award under this part shall
inform each local educational agency serving students who
would participate in the project about its application.’’;
and
(C) by striking subsection (e); and
(3) by redesignating sections 9307 and 9308 as
sections 9305 and 9306, respectively.
Subtitle B—Amendments to the
Education Amendments of 1978
SEC. 410. AMENDMENTS TO THE EDUCATIONS AMEND-
MENTS OF 1978.
Part B of title XI of the Education Amendments of
1978 (25 U.S.C. 2001 et seq.) is amended to read as fol-
lows:
313
‘‘PART B—BUREAU OF INDIAN AFFAIRS
PROGRAMS
‘‘SEC. 1120. FINDING AND POLICY.
‘‘(a) FINDING.—Congress finds and recognizes that
the Federal Government has the sole responsibility for the
operation and financial support of the Bureau of Indian
Affairs funded school system that it has established on
or near Indian reservations and Indian trust lands
throughout the Nation for Indian children.
‘‘(b) POLICY.—It is the policy of the United States
to work in full cooperation with Indian tribes toward the
goal of assuring that the programs of the Bureau of In-
dian Affairs funded school system are of the highest qual-
ity and meet the unique educational and cultural needs
of Indian children.
‘‘SEC. 1121. ACCREDITATION AND STANDARDS FOR THE
BASIC EDUCATION OF INDIAN CHILDREN IN
BUREAU OF INDIAN AFFAIRS SCHOOLS.
‘‘(a) PURPOSE; DECLARATIONS OF PURPOSES.—
‘‘(1) PURPOSE.—The purpose of the standards
implemented under this section shall be to afford In-
dian students being served by a school funded by the
Bureau of Indian Affairs the same opportunities as
all other students in the United States to achieve
the same challenging State performance standards
expected of all students.
314
‘‘(2) DECLARATIONS
OF
PURPOSES.—Local
school boards for schools operated by the Bureau of
Indian Affairs, in cooperation and consultation with
their tribal governing bodies and their communities,
are encouraged to adopt declarations of purposes of
education for their communities taking into account
the implications of such purposes on education in
their communities and for their schools. In adopting
such declarations of purpose, the school boards shall
consider the effect those declarations may have on
the motivation of students and faculties. Such dec-
larations shall represent the aspirations of the com-
munity for the kinds of people the community would
like its children to become, and shall include assur-
ances that all learners will become accomplished in
things and ways important to them and respected by
their parents and communities, shaping worthwhile
and satisfying lives for themselves, exemplifying the
best values of the community and humankind, and
becoming increasingly effective in shaping the char-
acter and quality of the world all learners share.
These declarations of purpose shall influence the
standards for accreditation to be accepted by the
schools.
315
‘‘(b) STUDIES AND SURVEYS RELATING TO STAND-
ARDS.—Not later than 1 year after the date of the enact-
ment of the Student Results Act of 1999, the Secretary,
in consultation with the Secretary of Education, consortia
of education organizations, and Indian organizations and
tribes, and making the fullest use possible of other existing
studies, surveys, and plans, shall carry out by contract
with an Indian organization, studies and surveys to estab-
lish and revise standards for the basic education of Indian
children attending Bureau funded schools. Such studies
and surveys shall take into account factors such as aca-
demic needs, local cultural differences, type and level of
language skills, geographic isolation, and appropriate
teacher-student ratios for such children, and shall be di-
rected toward the attainment of equal educational oppor-
tunity for such children.
‘‘(c) REVISION
OF MINIMUM ACADEMIC STAND-
ARDS.—
‘‘(1) IN
GENERAL.—Not later than 2 years
after the date of the enactment of the Student Re-
sults Act of 1999, the Secretary shall—
‘‘(A) propose revisions to the minimum
academic standards published in the Federal
Register on September 9, 1995 (50 Fed. Reg.
174) for the basic education of Indian children
316
attending Bureau funded schools in accordance
with the purpose described in subsection (a)
and the findings of the studies and surveys con-
ducted under subsection (b);
‘‘(B) publish such proposed revisions to
such standards in the Federal Register for the
purpose of receiving comments from the tribes,
tribal school boards, Bureau funded schools,
and other interested parties; and
‘‘(C) consistent with the provisions of this
section and section 1131, take such actions as
are necessary to coordinate standards imple-
mented under this section with the Comprehen-
sive School Reform Plan developed by the Bu-
reau and—
‘‘(i) with the standards of the im-
provement plans for the States in which
any school operated by the Bureau of In-
dian Affairs is located; or
‘‘(ii) in the case where schools oper-
ated by the Bureau are within the bound-
aries of reservation land of one tribe but
within the boundaries of more than one
State, with the standards of the State im-
317
provement plan of one such State selected
by the tribe.
‘‘(2) FURTHER REVISIONS.—Not later that 6
months after the close of the comment period, the
Secretary shall establish final standards, distribute
such standards to all tribes and publish such final
standards in the Federal Register. The Secretary
shall revise such standards periodically as necessary.
Prior to any revision of such final standards, the
Secretary shall distribute such proposed revision to
all the tribes, and publish such proposed revision in
the Federal Register, for the purpose of receiving
comments from the tribes and other interested par-
ties.
‘‘(3) APPLICABILITY
OF
STANDARDS.—Except
as provided in subsection (e), the final standards
published under paragraph (2) shall apply to all Bu-
reau funded schools not accredited under subsection
(f), and may also serve as a model for educational
programs for Indian children in public schools.
‘‘(4) CONSIDERATIONS
WHEN
ESTABLISHING
AND REVISING STANDARDS.—In establishing and re-
vising such standards, the Secretary shall take into
account the unique needs of Indian students and
318
support and reinforcement of the specific cultural
heritage of each tribe.
‘‘(d) ALTERNATIVE OR MODIFIED STANDARDS.—The
Secretary shall provide alternative or modified standards
in lieu of the standards established under subsection (c),
where necessary, so that the programs of each school are
in compliance with the minimum accreditation standards
required for schools in the State or region where the school
is located.
‘‘(e) WAIVER OF STANDARDS; ALTERNATIVE STAND-
ARDS.—A tribal governing body, or the local school board
so designated by the tribal governing body, shall have the
local authority to waive, in part or in whole, the standards
established under subsection (c) and (d) if such standards
are deemed by such body to be inappropriate. The tribal
governing body or designated school board shall, not later
than 60 days after a waiver under this subsection, submit
to the Secretary a proposal for alternative standards that
take into account the specific needs of the tribe’s children.
Such alternative standards shall be established by the Sec-
retary unless specifically rejected by the Secretary for
good cause and in writing to the affected tribes or local
school board, which rejection shall be final and not subject
to review.
319
‘‘(f) ACCREDITATION
AND
IMPLEMENTATION
OF
STANDARDS.—
‘‘(1) DEADLINE FOR MEETING STANDARDS.—
Not later the second academic year after publication
of the standards, to the extent necessary funding is
provided, all Bureau funded schools shall meet the
standards established under subsections (c) and (d)
or shall be accredited—
‘‘(A) by a tribal accrediting body, if the ac-
creditation standards of the tribal accrediting
body have been accepted by formal action of the
tribal governing body and are equal to or ex-
ceed the accreditation standards of the State or
region in which the school is located;
‘‘(B) by a regional accreditation agency; or
‘‘(C) by State accreditation standards for
the State in which it is located.
‘‘(2) DETERMINATION OF STANDARDS TO BE
APPLIED.—The accreditation type or standards ap-
plied for each school shall be determined by the
school board of the school, in consultation with the
Administrator of the school, provided that in the
case where the School Board and the Administrator
fail to agree on the type of accreditation and stand-
ards to apply, the decision of the school board with
320
the approval of the tribal governing body shall be
final.
‘‘(3) ASSISTANCE
TO
SCHOOL
BOARDS.—The
Secretary, through contracts and grants, shall assist
school boards of contract or grant schools in imple-
mentation of the standards established under sub-
sections (c) and (d), if the school boards request
that such standards, in part or in whole, be imple-
mented.
‘‘(4) FISCAL CONTROL AND FUND ACCOUNTING
STANDARDS.—The Bureau shall, either directly or
through contract with an Indian organization, estab-
lish a consistent system of reporting standards for
fiscal control and fund accounting for all contract
and grant schools. Such standards shall provide data
comparable to those used by Bureau operated
schools.
‘‘(g) ANNUAL PLAN
FOR MEETING
OF STAND-
ARDS.—Except as provided in subsections (e) and (f), the
Secretary shall begin to implement the standards estab-
lished under this section immediately upon the date of
their establishment. On an annual basis, the Secretary
shall submit to the appropriate committees of Congress,
all Bureau funded schools, and the tribal governing bodies
of such schools a detailed plan to bring all Bureau schools
321
and contract or grant schools up to the level required by
the applicable standards established under this section.
Such plan shall include detailed information on the status
of each school’s educational program in relation to the ap-
plicable standards established under this section, specific
cost estimates for meeting such standards at each school
and specific timelines for bringing each school up to the
level required by such standards.
‘‘(h) CLOSURE OR CONSOLIDATION OF SCHOOLS.—
‘‘(1) IN GENERAL.—Except as specifically re-
quired by statute, no school or peripheral dormitory
operated by the Bureau on or after January 1,
1992, may be closed or consolidated or have its pro-
gram substantially curtailed unless done according
to the requirements of this subsection.
‘‘(2) EXCEPTIONS.—This subsection shall not
apply—
‘‘(A) in those cases where the tribal gov-
erning body, or the local school board concerned
(if so designated by the tribal governing body),
requests closure or consolidation; or
‘‘(B) when a temporary closure, consolida-
tion, or substantial curtailment is required by
plant conditions which constitute an immediate
hazard to health and safety.
322
‘‘(3) REGULATIONS.—The Secretary shall, by
regulation, promulgate standards and procedures for
the closure, transfer to another authority, consolida-
tion, or substantial curtailment of Bureau schools, in
accordance with the requirements of this subsection.
‘‘(4) NOTICE.—Whenever closure, transfer to
another authority, consolidation, or substantial cur-
tailment of a school is under active consideration or
review by any division of the Bureau or the Depart-
ment of the Interior, the affected tribe, tribal gov-
erning body, and designated local school board, will
be notified immediately, kept fully and currently in-
formed, and afforded an opportunity to comment
with respect to such consideration or review. When
a formal decision is made to close, transfer to an-
other authority, consolidate, or substantially curtail
a school, the affected tribe, tribal governing body,
and designated school board shall be notified at least
6 months prior to the end of the school year pre-
ceding the proposed closure date. Copies of any such
notices and information shall be transmitted prompt-
ly to the appropriate committees of Congress and
published in the Federal Register.
‘‘(5) REPORT.—The Secretary shall make a re-
port to the appropriate committees of Congress, the
323
affected tribe, and the designated school board de-
scribing the process of the active consideration or re-
view referred to in paragraph (4). The report shall
include a study of the impact of such action on the
student population, identify those students with par-
ticular educational and social needs, and ensure that
alternative services are available to such students.
Such report shall include the description of the con-
sultation conducted between the potential service
provider, current service provider, parents, tribal
representatives and the tribe or tribes involved, and
the Director of the Office of Indian Education Pro-
grams within the Bureau regarding such students.
‘‘(6) LIMITATION
ON
CERTAIN
ACTIONS.—No
irrevocable action may be taken in furtherance of
any such proposed school closure, transfer to an-
other authority, consolidation or substantial curtail-
ment (including any action which would prejudice
the personnel or programs of such school) prior to
the end of the first full academic year after such re-
port is made.
‘‘(7) TRIBAL GOVERNING BODY APPROVAL RE-
QUIRED FOR CERTAIN ACTIONS.—The Secretary may
terminate, contract, transfer to any other authority,
324
consolidate, or substantially curtail the operation or
facilities of—
‘‘(A) any Bureau funded school that is op-
erated on or after of January 1, 1999;
‘‘(B) any program of such a school that is
operated on or after January 1, 1999; or
‘‘(C) any school board of a school operated
under a grant under the Tribally Controlled
Schools Act of 1988,
only if the tribal governing body approves such ac-
tion.
‘‘(i) APPLICATION FOR CONTRACTS OR GRANTS FOR
NON-BUREAU FUNDED SCHOOLS OR EXPANSION OF BU-
REAU FUNDED SCHOOLS.—
‘‘(1) IN GENERAL.—(A)(i) The Secretary shall
only consider the factors described in subparagraph
(B) in reviewing—
‘‘(I) applications from any tribe for the
awarding of a contract or grant for a school
that is not a Bureau funded school; and
‘‘(II) applications from any tribe or school
board of any Bureau funded school for—
‘‘(aa) a school which is not a Bureau
funded school; or
325
‘‘(bb) the expansion of a Bureau
funded school which would increase the
amount of funds received by the Indian
tribe or school board under section 1127.
‘‘(ii) With respect to applications described in
this subparagraph, the Secretary shall give consider-
ation to all the factors described in subparagraph
(B), but no such application shall be denied based
primarily upon the geographic proximity of com-
parable public education.
‘‘(B) With respect to applications described in
subparagraph (A) the Secretary shall consider the
following factors relating to the program and serv-
ices that are the subject of the application:
‘‘(i) The adequacy of the facilities or the
potential to obtain or provide adequate facili-
ties.
‘‘(ii) Geographic and demographic factors
in the affected areas.
‘‘(iii) The adequacy of the applicant’s pro-
gram plans or, in the case of a Bureau funded
school, of projected needs analysis done either
by the tribe or the Bureau.
‘‘(iv) Geographic proximity of comparable
public education.
326
‘‘(v) The stated needs of all affected par-
ties, including students, families, tribal govern-
ments at both the central and local levels, and
school organizations.
‘‘(vi) Adequacy and comparability of pro-
grams already available.
‘‘(vii) Consistency of available programs
with tribal educational codes or tribal legisla-
tion on education.
‘‘(viii) The history and success of these
services for the proposed population to be
served, as determined from all factors, including
but not limited to standardized examination
performance.
‘‘(2) DETERMINATION
ON
APPLICATION.—(A)
The Secretary shall make a determination of wheth-
er to approve any application described in paragraph
(1)(A) not later than 180 days after such applica-
tion is submitted to the Secretary.
‘‘(B) If the Secretary fails to make the deter-
mination with respect to an application by the date
described in subparagraph (A), the application shall
be treated a having been approved by the Secretary.
‘‘(3) REQUIREMENTS FOR APPLICATIONS.—(A)
Notwithstanding paragraph (2)(B), an application
327
described in paragraph (1)(A) may be approved by
the Secretary only if—
‘‘(i) the application has been approved by
the tribal governing body of the students served
by (or to be served by) the school or program
that is the subject of the application; and
‘‘(ii) written evidence of such approval is
submitted with the application.
‘‘(B) Each application described in paragraph
(1)(A) shall provide information concerning each of
the factors described in paragraph (1)(B).
‘‘(4) DENIAL OF APPLICATIONS.—Whenever the
Secretary makes a determination to deny approval of
any application described in paragraph (1)(A), the
Secretary shall—
‘‘(A) state the objections in writing to the
applicant not later 180 days after the applica-
tion is submitted to the Secretary;
‘‘(B) provide assistance to the applicant to
overcome stated objections; and
‘‘(C) provide the applicant a hearing,
under the same rules and regulations pertaining
to the Indian Self-Determination and Education
Assistance Act and an opportunity to appeal
the objections raised by the Secretary.
328
‘‘(5) EFFECTIVE DATE OF A SUBJECT APPLICA-
TION.—(A) Except as otherwise provided in this
paragraph, the action which is the subject of any ap-
plication described in paragraph (1)(A) that is ap-
proved by the Secretary shall become effective at the
beginning of the academic year following the fiscal
year in which the application is approved, or at an
earlier date determined by the Secretary.
‘‘(B) If an application is treated as having been
approved by the Secretary under paragraph (2)(B),
the action that is the subject of the application shall
become effective on the date that is 18 months after
the date on which the application is submitted to the
Secretary, or at an earlier date determined by the
Secretary.
‘‘(6) STATUTORY CONSTRUCTION.—Nothing in
this section shall be read so as to preclude the ex-
pansion of grades and related facilities at a Bureau
funded school where such expansion and the mainte-
nance of such expansion is occasioned or paid for
with non-Bureau funds.
‘‘(j) GENERAL USE OF FUNDS.—Funds received by
Bureau funded schools from the Bureau of Indian Affairs
and under any program from the Department of Edu-
cation or any other Federal agency for the purpose of pro-
329
viding education or related services may be used for
schoolwide projects to improve the educational program
for all Indian students.
‘‘(k) STUDY ON ADEQUACY OF FUNDS AND FOR-
MULAS.—The Comptroller General shall conduct a study,
in consultation with Indian tribes and local school boards,
to determine the adequacy of funding, and formulas used
by the Bureau to determine funding, for programs oper-
ated by Bureau funded schools, taking into account unique
circumstances applicable to Bureau funded schools, as well
as expenditures for comparable purposes in public schools
nationally. Upon completion of the study, the Secretary
of the Interior shall take such action as necessary to en-
sure distribution of the findings of the study to all affected
Indian tribes, local school boards, and associations of local
school boards.
‘‘SEC. 1122. NATIONAL CRITERIA FOR HOME LIVING SITUA-
TIONS.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with the Secretary of Education, Indian organizations and
tribes, and Bureau funded schools, shall revise the na-
tional standards for home-living (dormitory) situations to
include such factors as heating, lighting, cooling, adult-
child ratios, needs for counselors (including special needs
related to off-reservation home-living (dormitory) situa-
330
tions), therapeutic programs, space, and privacy. Such
standards shall be implemented in Bureau operated
schools, and shall serve as minimum standards for con-
tract or grant schools. Once established, any revisions of
such standards shall be developed according to the re-
quirements established under section 1138A.
‘‘(b) IMPLEMENTATION.—The Secretary shall imple-
ment the revised standards established under this section
immediately upon their completion.
‘‘(c) PLAN.—At the time of each annual budget sub-
mission for Bureau educational services is presented, the
Secretary shall submit to the appropriate committees of
Congress, the tribes, and the affected schools, and publish
in the Federal Register, a detailed plan to bring all Bu-
reau funded schools that provide home-living (dormitory)
situations up to the standards established under this sec-
tion. Such plan shall include a statement of the relative
needs of each Bureau funded home-living (dormitory)
school, projected future needs of each Bureau funded
home-living (dormitory) school, detailed information on
the status of each school in relation to the standards es-
tablished under this section, specific cost estimates for
meeting each standard for each such school, aggregate
cost estimates for bringing all such schools into compli-
ance with the criteria established under this section, and
331
specific timelines for bringing each school into compliance
with such standards.
‘‘(d) WAIVER.—The criteria established under this
section may be waived in the same manner as the stand-
ards provided under section 1121(c) may be waived.
‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS
PROHIBITED.—No school in operation on or before Janu-
ary 1, 1987 (regardless of compliance or noncompliance
with the criteria established under this section), may be
closed, transferred to another authority, consolidated, or
have its program substantially curtailed for failure to meet
the criteria.
‘‘SEC. 1123. CODIFICATION OF REGULATIONS.
‘‘(a) PART 32 OF TITLE 25 OF CODE OF FEDERAL
REGULATIONS.—The provisions of part 32 of title 25 of
the Code of Federal Regulations, as in effect on January
1, 1987, are incorporated into this Act and shall be treat-
ed as though such provisions are set forth in this sub-
section. Such provisions may be altered only by means of
an Act of Congress. To the extent that such provisions
of part 32 do not conform with this Act or any statutory
provision of law enacted before November 1, 1978, the
provisions of this Act and the provisions of such other
statutory law shall govern.
332
‘‘(b) REGULATION DEFINED.—For purposes of this
part, the term ‘regulation’ means any rules, regulations,
guidelines, interpretations, orders, or requirements of gen-
eral applicability prescribed by any officer or employee of
the executive branch.
‘‘SEC. 1124. SCHOOL BOUNDARIES.
‘‘(a) ESTABLISHMENT
BY SECRETARY.—The Sec-
retary shall establish, by regulation, separate geographical
attendance areas for each Bureau funded school.
‘‘(b) ESTABLISHMENT BY TRIBAL BODY.——In any
case where there is more than one Bureau funded school
located on an Indian reservation, at the direction of the
tribal governing body, the relevant school boards of the
Bureau funded schools on the reservation may, by mutual
consent, establish the relevant attendance areas for such
schools, subject to the approval of the tribal governing
body. Any such boundaries so established shall be accepted
by the Secretary.
‘‘(c) BOUNDARY REVISIONS.—
‘‘(1) IN GENERAL.—On or after July 1, 1999,
no geographical attendance area shall be revised or
established with respect to any Bureau funded
school unless the tribal governing body or the local
school board concerned (if so designated by the trib-
al governing body) has been afforded—
333
‘‘(A) at least 6 months notice of the inten-
tion of the Bureau to revise or establish such
attendance area; and
‘‘(B) the opportunity to propose alternative
boundaries.
Any tribe may petition the Secretary for revision of
existing attendance area boundaries. The Secretary
shall accept such proposed alternative or revised
boundaries unless the Secretary finds, after con-
sultation with the affected tribe or tribes, that such
revised boundaries do not reflect the needs of the In-
dian students to be served or do not provide ade-
quate stability to all of the affected programs. The
Secretary shall cause such revisions to be published
in the Federal Register.
‘‘(2) TRIBAL RESOLUTION DETERMINATION.—
Nothing in this section shall be interpreted as deny-
ing a tribal governing body the authority, on a con-
tinuing basis, to adopt a tribal resolution allowing
parents the choice of the Bureau funded school their
children may attend, regardless of the attendance
boundaries established under this section.
‘‘(d) FUNDING RESTRICTIONS.—The Secretary shall
not deny funding to a Bureau funded school for any eligi-
ble Indian student attending the school solely because that
334
student’s home or domicile is outside of the geographical
attendance area established for that school under this sec-
tion. No funding shall be made available without tribal au-
thorization to enable a school to provide transportation for
any student to or from the school and a location outside
the approved attendance area of the school.
‘‘(e) RESERVATION
AS BOUNDARY.—In any case
where there is only one Bureau funded program located
on an Indian reservation, the attendance area for the pro-
gram shall be the boundaries (established by treaty, agree-
ment, legislation, court decisions, or executive decisions
and as accepted by the tribe) of the reservation served,
and those students residing near the reservation shall also
receive services from such program.
‘‘(f) OFF-RESERVATION HOME-LIVING (DORMITORY)
SCHOOLS.—Notwithstanding any geographical attendance
areas, attendance at off-reservation home-living (dor-
mitory) schools shall include students requiring special
emphasis programs to be implemented at each off-reserva-
tion home-living (dormitory) school. Such attendance shall
be coordinated between education line officers, the family,
and the referring and receiving programs.
‘‘SEC. 1125. FACILITIES CONSTRUCTION.
‘‘(a) COMPLIANCE WITH HEALTH
AND SAFETY
STANDARDS.—The Secretary shall immediately begin to
335
bring all schools, dormitories, and other Indian education-
related facilities operated by the Bureau or under contract
or grant with the Bureau into compliance with all applica-
ble tribal, Federal, or State health and safety standards,
whichever provides greater protection (except that the
tribal standards to be applied shall be no greater than any
otherwise applicable Federal or State standards), with sec-
tion 504 of the Rehabilitation Act of 1973, and with the
Americans with Disabilities Act of 1990. Nothing in this
section shall require termination of the operations of any
facility which does not comply with such provisions and
which is in use on the date of the enactment of the Stu-
dent Results Act of 1999.
‘‘(b) COMPLIANCE PLAN.—At the time that the an-
nual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring all facili-
ties covered under subsection (a) of this section into com-
pliance with the standards referred to in subsection (a).
Such plan shall include detailed information on the status
of each facility’s compliance with such standards, specific
cost estimates for meeting such standards at each school,
and specific timelines for bringing each school into compli-
ance with such standards.
‘‘(c) CONSTRUCTION PRIORITIES.—
336
‘‘(1) SYSTEM TO ESTABLISH PRIORITIES.—On
an annual basis the Secretary shall submit to the
appropriate committees of Congress and cause to be
published in the Federal Register, the system used
to establish priorities for replacement and construc-
tion projects for Bureau funded schools and home-
living schools, including boarding schools and dor-
mitories. At the time any budget request for edu-
cation is presented, the Secretary shall publish in
the Federal Register and submit with the budget re-
quest the current list of all Bureau funded school
construction priorities.
‘‘(2) LONG-TERM
CONSTRUCTION
AND
RE-
PLACEMENT
LIST.—In addition to the plan sub-
mitted under subsection (b), the Secretary shall—
‘‘(A) not later than 18 months after the
date of the enactment of the Student Results
Act of 1999, establish a long-term construction
and replacement list for all Bureau funded
schools;
‘‘(B) using the list prepared under sub-
paragraph (A), propose a list for the orderly re-
placement of all Bureau funded education-re-
lated facilities over a period of 40 years to en-
337
able planning and scheduling of budget re-
quests;
‘‘(C) cause the list prepared under sub-
section (B) to be published in the Federal Reg-
ister and allow a period of not less than 120
days for public comment;
‘‘(D) make such revisions to the list pre-
pared under subparagraph (B) as are appro-
priate based on the comments received; and
‘‘(E) cause the final list to be published in
the Federal Register.
‘‘(3) EFFECT ON OTHER LIST.—Nothing in this
section shall be construed as interfering with or
changing in any way the construction priority list as
it exists on the date of the enactment of the Student
Results Act of 1999.
‘‘(d) 
HAZARDOUS
CONDITION
AT
BUREAU
SCHOOL.—
‘‘(1) CLOSURE OR CONSOLIDATION.—A Bureau
funded school may be closed or consolidated, and the
programs of a Bureau funded school may be sub-
stantially curtailed by reason of plant conditions
that constitute an immediate hazard to health and
safety only if a health and safety officer of the Bu-
338
reau determines that such conditions exist at the
Bureau funded school.
‘‘(2) INSPECTION.—(A) After making a deter-
mination described in paragraph (1), the Bureau
health and safety officer shall conduct an inspection
of the condition of such plant accompanied by an ap-
propriate tribal, county, municipal, or State health
and safety officer in order to determine whether con-
ditions at such plant constitute an immediate hazard
to health and safety. Such inspection shall be com-
pleted by not later than the date that is 30 days
after the date on which the action described in para-
graph (1) is taken. No further negative action may
be taken unless the findings are concurred in by the
second, non-Bureau of Indian Affairs inspector.
‘‘(B) If the health and safety officer conducting
the inspection of a plant required under subpara-
graph (A) determines that conditions at the plant do
not constitute an immediate hazard to health and
safety, any consolidation or curtailment that was
made under paragraph (1) shall immediately cease
and any school closed by reason of conditions at the
plant shall be reopened immediately.
‘‘(C) If a Bureau funded school is temporarily
closed or consolidated or the programs of a Bureau
339
funded school are substantially curtailed under this
subsection and the Secretary determines that the
closure, consolidation, or curtailment will exceed 1
year, the Secretary shall submit to the Congress, by
not later than 6 months after the date on which the
closure, consolidation, or curtailment was initiated, a
report which sets forth the reasons for such tem-
porary actions, the actions the Secretary is taking to
eliminate the conditions that constitute the hazard,
and an estimated date by which such actions will be
concluded.
‘‘(e) FUNDING REQUIREMENT.—
‘‘(1) DISTRIBUTION
OF
FUNDS.—Beginning
with the fiscal year following the year of the date of
the enactment of the Student Results Act of 1999,
all funds appropriated for the operations and main-
tenance of Bureau funded schools shall be distrib-
uted by formula to the schools. No funds from this
account may be retained or segregated by the Bu-
reau to pay for administrative or other costs of any
facilities branch or office, at any level of the Bureau.
‘‘(2) REQUIREMENTS FOR CERTAIN USES.—No
funds shall be withheld from the distribution to the
budget of any school operated under contract or
grant by the Bureau for maintenance or any other
340
facilities or road related purpose, unless such school
has consented, as a modification to the contract or
in writing for grants schools, to the withholding of
such funds, including the amount thereof, the pur-
pose for which the funds will be used, and the
timeline for the services to be provided. The school
may, at the end of any fiscal year, cancel an agree-
ment under this paragraph upon giving the Bureau
30 days notice of its intent to do so.
‘‘(f) NO REDUCTION IN FEDERAL FUNDING.—Noth-
ing in this section shall be construed to diminish any Fed-
eral funding due to the receipt by the school of funding
for facilities improvement or construction from a State or
any other source.
‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNC-
TIONS.
‘‘(a) FORMULATION AND ESTABLISHMENT OF POL-
ICY AND PROCEDURE; SUPERVISION OF PROGRAMS AND
EXPENDITURES.—The Secretary shall vest in the Assist-
ant Secretary for Indian Affairs all functions with respect
to formulation and establishment of policy and procedure
and supervision of programs and expenditures of Federal
funds for the purpose of Indian education administered
by the Bureau. The Assistant Secretary shall carry out
341
such functions through the Director of the Office of Indian
Education Programs.
‘‘(b) DIRECTION AND SUPERVISION OF PERSONNEL
OPERATIONS.—Not later than 6 months after the date of
the enactment of the Student Results Act of 1999, the
Director of the Office of Indian Education Programs shall
direct and supervise the operations of all personnel di-
rectly and substantially involved in the provision of edu-
cation services by the Bureau, including school or institu-
tion custodial or maintenance personnel, facilities manage-
ment, contracting, procurement, and finance personnel.
The Assistant Secretary for Indian Affairs shall coordi-
nate the transfer of functions relating to procurement,
contracts, operation, and maintenance of schools and
other support functions to the Director.
‘‘(c) EVALUATION
OF PROGRAMS; SERVICES
AND
SUPPORT FUNCTIONS; TECHNICAL AND COORDINATING
ASSISTANCE.—Education personnel who are under the di-
rection and supervision of the Director of the Office of
Indian Education Programs in accordance with the first
sentence of subsection (b) shall—
‘‘(1) monitor and evaluate Bureau education
programs;
342
‘‘(2) provide all services and support functions
for education programs with respect to personnel
matters involving staffing actions and functions; and
‘‘(3) provide technical and coordinating assist-
ance in areas such as procurement, contracting,
budgeting, personnel, curriculum, and operation and
maintenance of school facilities.
‘‘(d) CONSTRUCTION, IMPROVEMENT, OPERATION,
AND MAINTENANCE OF FACILITIES.—
‘‘(1) PLAN FOR CONSTRUCTION.—The Assistant
Secretary shall submit in the annual budget a
plan—
‘‘(A) for school facilities to be constructed
under section 1125(c);
‘‘(B) for establishing priorities among
projects and for the improvement and repair of
educational facilities, which together shall form
the basis for the distribution of appropriated
funds; and
‘‘(C) for capital improvements to be made
over the five succeeding years.
‘‘(2) PROGRAM FOR OPERATION AND MAINTE-
NANCE.—
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary shall establish a program, including the
343
distribution of appropriated funds, for the oper-
ation and maintenance of education facilities.
Such program shall include—
‘‘(i) a method of computing the
amount necessary for each educational fa-
cility;
‘‘(ii) similar treatment of all Bureau
funded schools;
‘‘(iii) a notice of an allocation of ap-
propriated funds from the Director of the
Office of Indian Education Programs di-
rectly to the education line officers and ap-
propriate school officials;
‘‘(iv) a method for determining the
need for, and priority of, facilities repair
and maintenance projects, both major and
minor. In making such determination, the
Assistant Secretary shall cause to be con-
ducted a series of meetings at the agency
and area level with representatives of the
Bureau funded schools in those areas and
agencies to receive comment on the lists
and prioritization of such projects; and
‘‘(v) a system for the conduct of rou-
tine preventive maintenance.
344
‘‘(B) The appropriate education line offi-
cers shall make arrangements for the mainte-
nance of education facilities with the local su-
pervisors of the Bureau maintenance personnel.
The local supervisors of Bureau maintenance
personnel shall take appropriate action to im-
plement the decisions made by the appropriate
education line officers, except that no funds
under this chapter may be authorized for ex-
penditure unless such appropriate education
line officer is assured that the necessary main-
tenance has been, or will be, provided in a rea-
sonable manner.
‘‘(3) IMPLEMENTATION.—The requirements of
this subsection shall be implemented as soon as
practicable after the date of the enactment of the
Student Results Act of 1999.
‘‘(e) ACCEPTANCE OF GIFTS AND BEQUESTS.—Not-
withstanding any other provision of law, the Director shall
promulgate guidelines for the establishment of mecha-
nisms for the acceptance of gifts and bequests for the use
and benefit of particular schools or designated Bureau op-
erated education programs, including, where appropriate,
the establishment and administration of trust funds.
When a Bureau operated program is the beneficiary of
345
such a gift or bequest, the Director shall make provisions
for monitoring its use and shall report to the appropriate
committees of Congress the amount and terms of such gift
or bequest, the manner in which such gift or bequest shall
be used, and any results achieved by such action.
‘‘(f) FUNCTIONS CLARIFIED.—For the purpose of
this section, the term ‘functions’ includes powers and du-
ties.
‘‘SEC. 1127. ALLOTMENT FORMULA.
‘‘(a) FACTORS CONSIDERED; REVISION TO REFLECT
STANDARDS.—
‘‘(1) FORMULA.—The Secretary shall establish,
by regulation adopted in accordance with section
1138A, a formula for determining the minimum an-
nual amount of funds necessary to sustain each Bu-
reau funded school. In establishing such formula,
the Secretary shall consider—
‘‘(A) the number of eligible Indian stu-
dents served and total student population of the
school;
‘‘(B) special cost factors, such as—
‘‘(i) the isolation of the school;
‘‘(ii) the need for special staffing,
transportation, or educational programs;
‘‘(iii) food and housing costs;
346
‘‘(iv) maintenance and repair costs as-
sociated with the physical condition of the
educational facilities;
‘‘(v) special transportation and other
costs of isolated and small schools;
‘‘(vi) the costs of home-living (dor-
mitory) arrangements, where determined
necessary by a tribal governing body or
designated school board;
‘‘(vii) costs associated with greater
lengths of service by education personnel;
‘‘(viii) the costs of therapeutic pro-
grams for students requiring such pro-
grams; and
‘‘(ix) special costs for gifted and tal-
ented students;
‘‘(C) the cost of providing academic serv-
ices which are at least equivalent to those pro-
vided by public schools in the State in which
the school is located; and
‘‘(D) such other relevant factors as the
Secretary determines are appropriate.
‘‘(2) REVISION OF FORMULA.—Upon the estab-
lishment of the standards required in sections 1121
and 1122, the Secretary shall revise the formula es-
347
tablished under this subsection to reflect the cost of
funding such standards. Not later than January 1,
2001, the Secretary shall review the formula estab-
lished under this section and shall take such steps
as are necessary to increase the availability of coun-
seling and therapeutic programs for students in off-
reservation home-living (dormitory) schools and
other Bureau operated residential facilities. Concur-
rent with such action, the Secretary shall review the
standards established under section 1122 to be cer-
tain that adequate provision is made for parental no-
tification regarding, and consent for, such counseling
and therapeutic programs.
‘‘(b) PRO RATA ALLOTMENT.—Notwithstanding any
other provision of law, Federal funds appropriated for the
general local operation of Bureau funded schools shall be
allotted pro rata in accordance with the formula estab-
lished under subsection (a).
‘‘(c) ANNUAL
ADJUSTMENT; RESERVATION
OF
AMOUNT FOR SCHOOL BOARD ACTIVITIES.—
‘‘(1) ANNUAL
ADJUSTMENT.—For fiscal year
2001, and for each subsequent fiscal year, the Sec-
retary shall adjust the formula established under
subsection (a) to—
348
‘‘(A) use a weighted unit of 1.2 for each el-
igible Indian student enrolled in the seventh
and eighth grades of the school in considering
the number of eligible Indian students served
by the school;
‘‘(B) consider a school with an enrollment
of less than 50 eligible Indian students as hav-
ing an average daily attendance of 50 eligible
Indian students for purposes of implementing
the adjustment factor for small schools;
‘‘(C) take into account the provision of res-
idential services on less than a 9-month basis at
a school when the school board and supervisor
of the school determine that a less than 9-
month basis will be implemented for the school
year involved;
‘‘(D) use a weighted unit of 2.0 for each
eligible Indian student that—
‘‘(i) is gifted and talented; and
‘‘(ii) is enrolled in the school on a full-
time basis,
in considering the number of eligible Indian
students served by the school; and
‘‘(E) use a weighted unit of 0.25 for each
eligible Indian student who is enrolled in a
349
yearlong credit course in an Indian or Native
language as part of the regular curriculum of a
school, in considering the number of eligible In-
dian students served by such school.
The adjustment required under subparagraph (E)
shall be used for such school after—
‘‘(i) the certification of the Indian or Na-
tive language curriculum by the school board of
such school to the Secretary, together with an
estimate of the number of full-time students ex-
pected to be enrolled in the curriculum in the
second school year for which the certification is
made; and
(ii) the funds appropriated for allotment
under this section are designated by the appro-
priations Act appropriating such funds as the
amount necessary to implement such adjust-
ment at such school without reducing allot-
ments made under this section to any school by
virtue of such adjustment.
‘‘(2) RESERVATION OF AMOUNT.—
‘‘(A) IN GENERAL.—From the funds allot-
ted in accordance with the formula established
under subsection (a) for each Bureau school,
the local school board of such school may re-
350
serve an amount which does not exceed the
greater of—
‘‘(i) $8,000; or
‘‘(ii) the lesser of—
‘‘(I) $15,000; or
‘‘(II) 1 percent of such allotted
funds,
for school board activities for such school, in-
cluding (notwithstanding any other provision of
law) meeting expenses and the cost of member-
ship in, and support of, organizations engaged
in activities on behalf of Indian education.
‘‘(B) TRAINING.—Each school board shall
see that each new member of the school board
receives, within 12 months of the individual’s
assuming a position on the school board, 40
hours of training relevant to that individual’s
service on the board. Such training may include
legal issues pertaining to schools funded by the
Bureau, legal issues pertaining to school
boards, ethics, and other topics deemed appro-
priate by the school board.
‘‘(d) RESERVATION
OF
AMOUNT
FOR
EMER-
GENCIES.—The Secretary shall reserve from the funds
available for distribution for each fiscal year under this
351
section an amount which, in the aggregate, shall equal 1
percent of the funds available for such purpose for that
fiscal year. Such funds shall be used, at the discretion of
the Director of the Office of Indian Education Programs,
to meet emergencies and unforeseen contingencies affect-
ing the education programs funded under this section.
Funds reserved under this subsection may only be ex-
pended for education services or programs, including
emergency repairs of educational facilities, at a schoolsite
(as defined by section 5204(c)(2) of the Tribally Con-
trolled Schools Act of 1988). Funds reserved under this
subsection shall remain available without fiscal year limi-
tation until expended. However, the aggregate amount
available from all fiscal years may not exceed 1 percent
of the current year funds. Whenever, the Secretary makes
funds available under this subsection, the Secretary shall
report such action to the appropriate committees of Con-
gress within the annual budget submission.
‘‘(e) 
SUPPLEMENTAL
APPROPRIATIONS.—Supple-
mental appropriations enacted to meet increased pay costs
attributable to school level personnel shall be distributed
under this section.
‘‘(f) ELIGIBLE INDIAN STUDENT DEFINED.—For the
purpose of this section, the term ‘eligible Indian student’
means a student who—
352
‘‘(1) is a member of or is at least one-fourth de-
gree Indian blood descendant of a member of an In-
dian tribe which is eligible for the special programs
and services provided by the United States through
the Bureau because of their status as Indians; and
‘‘(2) resides on or near an Indian reservation or
meets the criteria for attendance at a Bureau off-
reservation home-living (dormitory) school.
‘‘(g) TUITION.—
‘‘(1) IN GENERAL.—An eligible Indian student
may not be charged tuition for attendance at a Bu-
reau school or contract or grant school. A student
attending a Bureau school under paragraph (2)(C)
may not be charged tuition for attendance at such
a school.
‘‘(2) ATTENDANCE OF NON-INDIAN STUDENTS
AT BUREAU SCHOOLS.—The Secretary may permit
the attendance at a Bureau school of a student who
is not an eligible Indian student if—
‘‘(A) the Secretary determines that the
student’s attendance will not adversely affect
the school’s program for eligible Indian stu-
dents because of cost, overcrowding, or violation
of standards or accreditation;
‘‘(B) the school board consents;
353
‘‘(C) the student is a dependent of a Bu-
reau, Indian Health Service, or tribal govern-
ment employee who lives on or near the school
site; or
‘‘(D) a tuition is paid for the student that
is not more than that charged by the nearest
public school district for out-of-district stu-
dents, and shall be in addition to the school’s
allocation under this section.
‘‘(3) ATTENDANCE OF NON-INDIAN STUDENTS
AT CONTRACT AND GRANT SCHOOLS.—The school
board of a contract or grant school may permit stu-
dents who are not eligible Indian students under this
subsection to attend its contract school or grant
school and any tuition collected for those students
shall be in addition to funding received under this
section.
‘‘(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR
LIMITATION.—Notwithstanding any other provision of
law, at the election of the school board of a Bureau school
made at any time during the fiscal year, a portion equal
to not more than 15 percent of the funds allocated with
respect to a school under this section for any fiscal year
shall remain available to the school for expenditure with-
out fiscal year limitation. The Assistant Secretary shall
354
take steps as may be necessary to implement this provi-
sion.
‘‘(i) STUDENTS AT RICHFIELD DORMITORY, RICH-
FIELD, UTAH.—Tuition for out-of-State Indian students
in home-living (dormitory) arrangements at the Richfield
dormitory in Richfield, Utah, who attend Sevier County
high schools in Richfield, Utah, shall be paid from the In-
dian school equalization program funds authorized in this
section and section 1130 at a rate not to exceed the
amounts per weighted student unit for that year for the
instruction of such students. No additional administrative
cost funds shall be added to the grant.
‘‘SEC. 1128. ADMINISTRATIVE COST GRANTS.
‘‘(a) 
GRANTS; 
EFFECT
UPON
APPROPRIATED
AMOUNTS.—
‘‘(1) GRANTS.—Subject to the availability of
appropriated funds, the Secretary shall provide
grants to each tribe or tribal organization operating
a contract school or grant school in the amount de-
termined under this section with respect to the tribe
or tribal organization for the purpose of paying the
administrative and indirect costs incurred in oper-
ating contract or grant schools, provided that no
school operated as a stand-alone institution shall re-
355
ceive less than $200,000.00 per year for these pur-
poses, in order to—
‘‘(A) enable tribes and tribal organizations
operating such schools, without reducing direct
program services to the beneficiaries of the pro-
gram, to provide all related administrative over-
head services and operations necessary to meet
the requirements of law and prudent manage-
ment practice; and
‘‘(B) carry out other necessary support
functions which would otherwise be provided by
the Secretary or other Federal officers or em-
ployees, from resources other than direct pro-
gram funds, in support of comparable Bureau
operated programs.
‘‘(2) 
EFFECT
UPON
APPROPRIATED
AMOUNTS.—Amounts appropriated to fund the
grants provided under this section shall be in addi-
tion to, and shall not reduce, the amounts appro-
priated for the program being administered by the
contract or grant school.
‘‘(b) DETERMINATION OF GRANT AMOUNT.—
‘‘(1) IN GENERAL.—The amount of the grant
provided to each tribe or tribal organization under
this section for each fiscal year shall be determined
356
by applying the administrative cost percentage rate
of the tribe or tribal organization to the aggregate
of the Bureau elementary and secondary functions
operated by the tribe or tribal organization for which
funds are received from or through the Bureau. The
administrative cost percentage rate determined
under subsection (c) does not apply to other pro-
grams operated by the tribe or tribal organization.
‘‘(2) DIRECT
COST
BASE
FUNDS.—The Sec-
retary shall—
‘‘(A) reduce the amount of the grant deter-
mined under paragraph (1) to the extent that
payments for administrative costs are actually
received by an Indian tribe or tribal organiza-
tion under any Federal education program in-
cluded in the direct cost base of the tribe or
tribal organization; and
‘‘(B) take such actions as may be nec-
essary to be reimbursed by any other depart-
ment or agency of the Federal Government for
the portion of grants made under this section
for the costs of administering any program for
Indians that is funded by appropriations made
to such other department or agency.
‘‘(c) ADMINISTRATIVE COST PERCENTAGE RATE.—
357
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the administrative cost percentage rate for a
contract or grant school for a fiscal year is equal to
the percentage determined by dividing—
‘‘(A) the sum of—
‘‘(i) the amount equal to—
‘‘(I) the direct cost base of the
tribe or tribal organization for the fis-
cal year, multiplied by
‘‘(II) the minimum base rate;
plus
‘‘(ii) the amount equal to—
‘‘(I) the standard direct cost
base; multiplied by
‘‘(II) the maximum base rate; by
‘‘(B) the sum of—
‘‘(i) the direct cost base of the tribe or
tribal organization for the fiscal year; plus
‘‘(ii) the standard direct cost base.
‘‘(2) ROUNDING.—The administrative cost per-
centage rate shall be determined to the 1⁄100 of a
decimal point.
‘‘(d) COMBINING FUNDS.—
‘‘(1) IN GENERAL.—Funds received by a tribe
or contract or grant school as grants under this sec-
358
tion for tribal elementary or secondary educational
programs may be combined by the tribe or contract
or grant school into a single administrative cost ac-
count without the necessity of maintaining separate
funding source accounting.
‘‘(2) INDIRECT
COST
FUNDS.—Indirect cost
funds for programs at the school which share com-
mon administrative services with tribal elementary
or secondary educational programs may be included
in the administrative cost account described in para-
graph (1).
‘‘(e) AVAILABILITY OF FUNDS.—Funds received as
grants under this section with respect to tribal elementary
or secondary education programs shall remain available to
the contract or grant school without fiscal year limitation
and without diminishing the amount of any grants other-
wise payable to the school under this section for any fiscal
year beginning after the fiscal year for which the grant
is provided.
‘‘(f) TREATMENT
OF FUNDS.—Funds received as
grants under this section for Bureau funded programs op-
erated by a tribe or tribal organization under a contract
or agreement shall not be taken into consideration for pur-
poses of indirect cost underrecovery and overrecovery de-
359
terminations by any Federal agency for any other funds,
from whatever source derived.
‘‘(g) TREATMENT OF ENTITY OPERATING OTHER
PROGRAMS.—In applying this section and section 105 of
the Indian Self-Determination and Education Assistance
Act with respect to an Indian tribe or tribal organization
that—
‘‘(1) receives funds under this section for ad-
ministrative costs incurred in operating a contract or
grant school or a school operated under the Tribally
Controlled Schools Act of 1988; and
‘‘(2) operates one or more other programs
under a contract or grant provided under the Indian
Self-Determination and Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the ad-
ministrative costs that are associated with operating the
contract or grant school, and of the indirect costs, that
are associated with all of such other programs, provided
that funds appropriated for implementation of this section
shall be used only to supply the amount of the grant re-
quired to be provided by this section.
‘‘(h) DEFINITIONS.—For purposes of this section:
360
‘‘(1) ADMINISTRATIVE
COST.—(A) The term
‘administrative cost’ means the costs of necessary
administrative functions which—
‘‘(i) the tribe or tribal organization incurs
as a result of operating a tribal elementary or
secondary educational program;
‘‘(ii) are not customarily paid by com-
parable Bureau operated programs out of direct
program funds; and
‘‘(iii) are either—
‘‘(I) normally provided for comparable
Bureau programs by Federal officials
using resources other than Bureau direct
program funds; or
‘‘(II) are otherwise required of tribal
self-determination program operators by
law or prudent management practice.
‘‘(B) The term ‘administrative cost’ may
include—
‘‘(i) contract or grant (or other agreement)
administration;
‘‘(ii) executive, policy, and corporate lead-
ership and decisionmaking;
‘‘(iii) program planning, development, and
management;
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‘‘(iv) fiscal, personnel, property, and pro-
curement management;
‘‘(v) related office services and record
keeping; and
‘‘(vi) costs of necessary insurance, audit-
ing, legal, safety and security services.
‘‘(2) BUREAU
ELEMENTARY
AND
SECONDARY
FUNCTIONS.—The term ‘Bureau elementary and sec-
ondary functions’ means—
‘‘(A) all functions funded at Bureau
schools by the Office;
‘‘(B) all programs—
‘‘(i) funds for which are appropriated
to other agencies of the Federal Govern-
ment; and
‘‘(ii) which are administered for the
benefit of Indians through Bureau schools;
and
‘‘(C) all operation, maintenance, and repair
funds for facilities and government quarters
used in the operation or support of elementary
and secondary education functions for the ben-
efit of Indians, from whatever source derived.
‘‘(3) DIRECT COST BASE.—(A) Except as other-
wise provided in subparagraph (B), the direct cost
362
base of a tribe or tribal organization for the fiscal
year is the aggregate direct cost program funding
for all tribal elementary or secondary educational
programs operated by the tribe or tribal organization
during—
‘‘(i) the second fiscal year preceding such
fiscal year; or
‘‘(ii) if such programs have not been oper-
ated by the tribe or tribal organization during
the two preceding fiscal years, the first fiscal
year preceding such fiscal year.
‘‘(B) In the case of Bureau elementary or sec-
ondary education functions which have not pre-
viously been operated by a tribe or tribal organiza-
tion under contract, grant, or agreement with the
Bureau, the direct cost base for the initial year shall
be the projected aggregate direct cost program fund-
ing for all Bureau elementary and secondary func-
tions to be operated by the tribe or tribal organiza-
tion during that fiscal year.
‘‘(4) MAXIMUM BASE RATE.—The term ‘max-
imum base rate’ means 50 percent.
‘‘(5) MINIMUM BASE RATE.—The term ‘min-
imum base rate’ means 11 percent.
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‘‘(6) STANDARD DIRECT COST BASE.—The term
‘standard direct cost base’ means $600,000.
‘‘(7) TRIBAL
ELEMENTARY
OR
SECONDARY
EDUCATIONAL PROGRAMS.—The term ‘tribal elemen-
tary or secondary educational programs’ means all
Bureau elementary and secondary functions, to-
gether with any other Bureau programs or portions
of programs (excluding funds for social services that
are appropriated to agencies other than the Bureau
and are expended through the Bureau, funds for
major subcontracts, construction, and other major
capital expenditures, and unexpended funds carried
over from prior years) which share common adminis-
trative cost functions, that are operated directly by
a tribe or tribal organization under a contract,
grant, or agreement with the Bureau.
‘‘(i) STUDIES FOR DETERMINATION OF FACTORS AF-
FECTING COSTS; BASE RATES LIMITS; STANDARD DI-
RECT COST BASE; REPORT TO CONGRESS.—
‘‘(1) STUDIES.—Not later than 120 days after
the date of the enactment of the Student Results
Act of 1999, the Director of the Office of Indian
Education Programs shall—
‘‘(A) conduct such studies as may be need-
ed to establish an empirical basis for deter-
364
mining relevant factors substantially affecting
required administrative costs of tribal elemen-
tary and secondary education programs, using
the formula set forth in subsection (c); and
‘‘(B) conduct a study to determine—
‘‘(i) a maximum base rate which ensures
that the amount of the grants provided under
this section will provide adequate (but not ex-
cessive) funding of the administrative costs of
the smallest tribal elementary or secondary edu-
cational programs;
‘‘(ii) a minimum base rate which ensures
that the amount of the grants provided under
this section will provide adequate (but not ex-
cessive) funding of the administrative costs of
the largest tribal elementary or secondary edu-
cational programs; and
‘‘(iii) a standard direct cost base which is
the aggregate direct cost funding level for which
the percentage determined under subsection (c)
will—
‘‘(I) be equal to the median between
the maximum base rate and the minimum
base rate; and
365
‘‘(II) ensure that the amount of the
grants provided under this section will pro-
vide adequate (but not excessive) funding
of the administrative costs of tribal ele-
mentary or secondary educational pro-
grams closest to the size of the program.
‘‘(2) GUIDELINES.—The studies required under
paragraph (1) shall—
‘‘(A) be conducted in full consultation (in
accordance with section 1131) with—
‘‘(i) the tribes and tribal organizations
that are affected by the application of the
formula set forth in subsection (c); and
‘‘(ii) all national and regional Indian
organizations of which such tribes and
tribal organizations are typically members;
‘‘(B) be conducted onsite with a represent-
ative statistical sample of the tribal elementary
or secondary educational programs under a con-
tract entered into with a nationally reputable
public accounting and business consulting firm;
‘‘(C) take into account the availability of
skilled labor; commodities, business and auto-
matic data processing services, related Indian
preference and Indian control of education re-
366
quirements, and any other market factors found
substantially to affect the administrative costs
and efficiency of each such tribal elementary or
secondary educational program studied in order
to assure that all required administrative activi-
ties can reasonably be delivered in a cost effec-
tive manner for each such program, given an
administrative cost allowance generated by the
values, percentages, or other factors found in
the studies to be relevant in such formula;
‘‘(D) identify, and quantify in terms of
percentages of direct program costs, any gen-
eral factors arising from geographic isolation,
or numbers of programs administered, inde-
pendent of program size factors used to com-
pute a base administrative cost percentage in
such formula; and
‘‘(E) identify any other incremental cost
factors substantially affecting the costs of re-
quired administrative cost functions at any of
the tribal elementary or secondary educational
programs studied and determine whether the
factors are of general applicability to other such
programs, and (if so) how the factors may ef-
fectively be incorporated into such formula.
367
‘‘(3) CONSULTATION
WITH
INSPECTOR
GEN-
ERAL.—In carrying out the studies required under
this subsection, the Director shall obtain the input
of, and afford an opportunity to participate to, the
Inspector General of the Department of the Interior.
‘‘(4) CONSIDERATION OF DELIVERY OF ADMIN-
ISTRATIVE SERVICES.—Determinations described in
paragraph (2)(C) shall be based on what is prac-
ticable at each location studied, given prudent man-
agement practice, irrespective of whether required
administrative services were actually or fully deliv-
ered at these sites, or whether other services were
delivered instead, during the period of the study.
‘‘(5) REPORT.—Upon completion of the studies
conducted under paragraph (1), the Director shall
submit to Congress a report on the findings of the
studies, together with determinations based upon
such studies that would affect the definitions set
forth under subsection (e) that are used in the for-
mula set forth in subsection (c).
‘‘(6) PROJECTION
OF
COSTS.—The Secretary
shall include in the Bureau’s justification for each
appropriations request beginning in the first fiscal
year after the completion of the studies conducted
under paragraph (1), a projection of the overall
368
costs associated with the formula set forth in sub-
section (c) for all tribal elementary or secondary
education programs which the Secretary expects to
be funded in the fiscal year for which the appropria-
tions are sought.
‘‘(7) DETERMINATION OF PROGRAM SIZE.—For
purposes of this subsection, the size of tribal elemen-
tary or secondary educational programs is deter-
mined by the aggregate direct cost program funding
level for all Bureau funded programs which share
common administrative cost functions.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated such sums as necessary to carry out
this section.
‘‘(2) REDUCTIONS.—If the total amount of
funds necessary to provide grants to tribes and trib-
al organizations in the amounts determined under
subsection (b) for a fiscal year exceeds the amount
of funds appropriated to carry out this section for
such fiscal year, the Secretary shall reduce the
amount of each grant determined under subsection
(b) for such fiscal year by an amount that bears the
same relationship to such excess as the amount of
such grants determined under subsection (b) bears
369
to the total of all grants determined under sub-
section (b) section for all tribes and tribal organiza-
tions for such fiscal year.
‘‘(k) APPLICABILITY
TO
SCHOOLS
OPERATING
UNDER
TRIBALLY
CONTROLLED
SCHOOLS
ACT
OF
1988.—The provisions of this section shall also apply to
those schools operating under the Tribally Controlled
Schools Act of 1988.
‘‘SEC. 1129. DIVISION OF BUDGET ANALYSIS.
‘‘(a) ESTABLISHMENT.—Not later than 12 months
after the date of the enactment of the Student Results
Act of 1999, the Secretary shall establish within the Office
of Indian Education Programs a Division of Budget Anal-
ysis (hereinafter referred to as the ‘Division’). Such Divi-
sion shall be under the direct supervision and control of
the Director of the Office.
‘‘(b) FUNCTIONS.—In consultation with the tribal
governing bodies and tribal school boards, the Director of
the Office, through the Division, shall conduct studies,
surveys, or other activities to gather demographic informa-
tion on Bureau funded schools and project the amount
necessary to provide Indian students in such schools the
educational program set forth in this part.
‘‘(c) ANNUAL REPORTS.—Not later than the date
that the Assistant Secretary for Indian Affairs makes the
370
annual budget submission, for each fiscal year after the
date of the enactment of the Student Results Act of 1999,
the Director of the Office shall submit to the appropriate
committees of Congress (including the Appropriations
committees), all Bureau funded schools, and the tribal
governing bodies of such schools, a report which shall
contain—
‘‘(1) projections, based upon the information
gathered pursuant to subparagraph (b) and any
other relevant information, of amounts necessary to
provide Indian students in Bureau funded schools
the educational program set forth in this part;
‘‘(2) a description of the methods and formulas
used to calculate the amounts projected pursuant to
paragraph (1); and
‘‘(3) such other information as the Director of
the Office considers appropriate.
‘‘(d) USE OF REPORTS.—The Director of the Office
and the Assistant Secretary for Indian Affairs shall use
the annual report required by subsection (c) when pre-
paring their annual budget submissions.
‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
‘‘(a) ESTABLISHMENT OF SYSTEM AND FORWARD
FUNDING.—
371
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish, by regulation adopted in accordance with sec-
tion 1138, a system for the direct funding and sup-
port of all Bureau funded schools. Such system shall
allot funds in accordance with section 1127. All
amounts appropriated for distribution under this
section may be made available under paragraph (2).
‘‘(2) TIMING FOR USE OF FUNDS.—(A) For the
purposes of affording adequate notice of funding
available pursuant to the allotments made under sec-
tion 1127, amounts appropriated in an appropria-
tions Act for any fiscal year shall become available
for obligation by the affected schools on July 1 of
the fiscal year in which such amounts are appro-
priated without further action by the Secretary, and
shall remain available for obligation through the suc-
ceeding fiscal year.
‘‘(B) The Secretary shall, on the basis of the
amount appropriated in accordance with this
paragraph—
‘‘(i) publish, not later than July 1 of the
fiscal year for which the funds are appro-
priated, allotments to each affected school made
under section 1127 of 85 percent of such ap-
propriation; and
372
‘‘(ii) publish, not later than September 30
of such fiscal year, the allotments to be made
under section 1127 of the remaining 15 percent
of such appropriation, adjusted to reflect the
actual student attendance.
‘‘(3) LIMITATION.—(A) Notwithstanding any
other provision of law or regulation, the supervisor
of a Bureau funded school may expend an aggregate
of not more than $50,000 of the amount allotted the
school under section 1127 to acquire materials, sup-
plies, equipment, services, operation, and mainte-
nance for the school without competitive bidding if—
‘‘(i) the cost for any single item purchased
does not exceed $15,000;
‘‘(ii) the school board approves the pro-
curement;
‘‘(iii) the supervisor certifies that the cost
is fair and reasonable;
‘‘(iv) the documents relating to the pro-
curement executed by the supervisor or other
school staff cite this paragraph as authority for
the procurement; and
‘‘(v) the transaction is documented in a
journal maintained at the school clearly identi-
fying when the transaction occurred, what was
373
acquired and from whom, the price paid, the
quantities acquired, and any other information
the supervisor or school board considers rel-
evant.
‘‘(B) Not later than 6 months after the date of
the enactment of the Student Results Act of 1999,
the Secretary shall cause to be sent to each super-
visor of a Bureau operated program and school
board chairperson, the education line officer or offi-
cers of each agency and area, and the Bureau Divi-
sion in charge of procurement, at both the local and
national levels, notice of this paragraph.
‘‘(C) The Director shall be responsible for de-
termining the application of this paragraph, includ-
ing the authorization of specific individuals to carry
out this paragraph, and shall be responsible for the
provision of guidelines on the use of this paragraph
and adequate training on such guidelines.
‘‘(4) EFFECT OF SEQUESTRATION ORDER.—If a
sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985
reduces the amount of funds available for allotment
under section 1127 for any fiscal year by more than
7 percent of the amount of funds available for allot-
374
ment under such section during the preceding fiscal
year—
‘‘(A) to fund allotments under section
1127, the Secretary, notwithstanding any other
law, may use—
‘‘(i) funds appropriated for the oper-
ation of any Bureau school that is closed
or consolidated; and
‘‘(ii) funds appropriated for any pro-
gram that has been curtailed at any Bu-
reau school; and
‘‘(B) the Secretary may waive the applica-
tion of the provisions of section 1121(h) with
respect to the closure or consolidation of a
school, or the curtailment of a program at a
school, during such fiscal year if the funds de-
scribed in clauses (i) and (ii) of subparagraph
(A) with respect to such school are used to fund
allotments made under section 1127 for such
fiscal year.
‘‘(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE
OF FUNDS.—
‘‘(1) PLAN REQUIRED.—(A) In the case of all
Bureau operated schools, allotted funds shall be ex-
pended on the basis of local financial plans which
375
ensure meeting the accreditation requirements or
standards for the school established pursuant to sec-
tion 1121 and which shall be prepared by the local
school supervisor in active consultation with the local
school board for each school. The local school board
for each school shall have the authority to ratify, re-
ject, or amend such financial plan, and expenditures
thereunder, and, on its own determination or in re-
sponse to the supervisor of the school, to revise such
financial plan to meet needs not foreseen at the time
of preparation of the financial plan.
‘‘(B) The supervisor—
‘‘(i) shall put into effect the decisions of
the school board;
‘‘(ii) shall provide the appropriate local
union representative of the education employees
with copies of proposed draft financial plans
and all amendments or modifications thereto, at
the same time such copies are submitted to the
local school board; and
‘‘(iii) may appeal any such action of the
local school board to the appropriate education
line officer of the Bureau agency by filing a
written statement describing the action and the
reasons the supervisor believes such action
376
should be overturned. A copy of such statement
shall be submitted to the local school board and
such board shall be afforded an opportunity to
respond, in writing, to such appeal. After re-
viewing such written appeal and response, the
appropriate education line officer may, for good
cause, overturn the action of the local school
board. The appropriate education line officer
shall transmit the determination of such appeal
in the form of a written opinion to such board
and to such supervisor identifying the reasons
for overturning such action.
‘‘(c) 
USE
OF
SELF-DETERMINATION
GRANTS
FUNDS.—Funds for self-determination grants under sec-
tion 103(a)(2) of the Indian Self-Determination and Edu-
cation Assistance Act shall not be used for providing tech-
nical assistance and training in the field of education by
the Bureau unless such services are provided in accord-
ance with a plan, agreed to by the tribe or tribes affected
and the Bureau, under which control of education pro-
grams is intended to be transferred to such tribe or tribes
within a specific period of time negotiated under such
agreement. The Secretary may approve applications for
funding tribal divisions of education and development of
377
tribal codes of education from funds appropriated pursu-
ant to section 104(a) of such Act.
‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—In
the exercise of its authority under this section, a local
school board may request technical assistance and training
from the Secretary, and the Secretary shall, to the great-
est extent possible, provide such services, and make appro-
priate provisions in the budget of the Office for such serv-
ices.
‘‘(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT
SERVICES.—
‘‘(1) IN GENERAL.—A financial plan under sub-
section (b) for a school may include, at the discre-
tion of the local administrator and the school board
of such school, a provision for a summer program of
academic and support services for students of the
school. Any such program may include activities re-
lated to the prevention of alcohol and substance
abuse. The Assistant Secretary for Indian Affairs
shall provide for the utilization of any such school
facility during any summer in which such utilization
is requested.
‘‘(2) USE OF OTHER FUNDS.—Notwithstanding
any other provision of law, funds authorized under
the Act of April 16, 1934, and this Act may be used
378
to augment the services provided in each summer
program at the option, and under the control, of the
tribe or Indian controlled school receiving such
funds.
‘‘(3) TECHNICAL
ASSISTANCE
AND
PROGRAM
COORDINATION.—The Assistant Secretary for Indian
Affairs, acting through the Director of the Office,
shall provide technical assistance and coordination
for any program described in paragraph (1) and
shall, to the extent possible, encourage the coordina-
tion of such programs with any other summer pro-
grams that might benefit Indian youth, regardless of
the funding source or administrative entity of any
such program.
‘‘(f) COOPERATIVE AGREEMENTS.—
‘‘(1) IN GENERAL.—From funds allotted to a
Bureau school under section 1127, the Secretary
shall, if specifically requested by the tribal governing
body (as defined in section 1141), implement any co-
operative agreement entered into between the tribe,
the Bureau school board, and the local public school
district which meets the requirements of paragraph
(2) and involves the school. The tribe, the Bureau
school board, and the local public school district
shall determine the terms of the agreement. Such