H. R. 6—192
in programs or projects assisted under this title, for the
fiscal year preceding the fiscal year for which the deter-
mination is made.
‘‘(2) CONSTRUCTION.—Nothing in this subsection shall
diminish the responsibility of local educational agencies to con-
tact, on an annual basis, appropriate officials from private
nonprofit schools within the areas served by such agencies
in order to determine whether such schools desire that their
children participate in programs assisted under this part.
‘‘(3) ADJUSTMENTS.—(A) Relative enrollments under sub-
section (a) shall be adjusted, in accordance with criteria
approved by the Secretary under subparagraph (B), to provide
higher per pupil allocations only to local educational agencies
which serve the greatest numbers or percentages of—
‘‘(i) children living in areas with high concentrations
of low-income families;
‘‘(ii) children from low-income families; or
‘‘(iii) children living in sparsely populated areas.
‘‘(B) The Secretary shall review criteria submitted by a
State educational agency for adjusting allocations under para-
graph (1) and shall approve such criteria only if the Secretary
determines that such criteria are reasonably calculated to
produce an adjusted allocation that reflects the relative needs
within the State’s local educational agencies based on the fac-
tors set forth in subparagraph (A).
‘‘(c) PAYMENT OF ALLOCATIONS.—
‘‘(1) DISTRIBUTION.—From the funds paid to a State edu-
cational agency pursuant to section 6002 for a fiscal year,
a State educational agency shall distribute to each eligible
local educational agency which has submitted an application
as required in section 6202 the amount of such local educational
agency allocation as determined under subsection (a).
‘‘(2) ADDITIONAL
FUNDS.—(A) Additional funds resulting
from higher per pupil allocations provided to a local educational
agency on the basis of adjusted enrollments of children
described in subsection (a), may, at the discretion of the local
educational agency, be allocated for expenditures to provide
services for children enrolled in public and private nonprofit
schools in direct proportion to the number of children described
in subsection (a) and enrolled in such schools within the local
educational agency.
‘‘(B) In any fiscal year, any local educational agency that
elects to allocate such additional funds in the manner described
in subparagraph (A) shall allocate all additional funds to schools
within the local educational agency in such manner.
‘‘(C) The provisions of subparagraphs (A) and (B) may
not be construed to require any school to limit the use of
such additional funds to the provision of services to specific
students or categories of students.
‘‘PART B—STATE PROGRAMS
‘‘SEC. 6201. STATE USES OF FUNDS.
‘‘(a) AUTHORIZED ACTIVITIES.—A State educational agency may
use funds made available for State use under this title only for—
‘‘(1) State administration of programs under this title
including—
H. R. 6—193
‘‘(A) supervision of the allocation of funds to local edu-
cational agencies;
‘‘(B) planning, supervision, and processing of State
funds; and
‘‘(C) monitoring and evaluation of programs and activi-
ties under this title; and
‘‘(2) technical assistance and direct grants to local edu-
cational agencies and statewide education reform activities
including effective schools programs which assist local edu-
cational agencies to provide targeted assistance.
‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more than 25 per-
cent of funds available for State programs under this title in any
fiscal year may be used for State administration under subsection
(a)(1).
‘‘SEC. 6202. STATE APPLICATIONS.
‘‘(a) APPLICATION REQUIREMENTS.—Any State which desires to
receive assistance under this part shall submit to the Secretary
an application which—
‘‘(1) designates the State educational agency as the State
agency responsible for administration and supervision of pro-
grams assisted under this title;
‘‘(2)(A) provides for a biennial submission of data on the
use of funds, the types of services furnished, and the students
served under this title; and
‘‘(B) in fiscal year 1998 provides for an evaluation of the
effectiveness of programs assisted under this title;
‘‘(3) sets forth the allocation of such funds required to
implement section 6402;
‘‘(4) provides that the State educational agency will keep
such records and provide such information to the Secretary
as may be required for fiscal audit and program evaluation
(consistent with the responsibilities of the Secretary under this
section);
‘‘(5) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this title,
the State educational agency has not exercised and will not
exercise any influence in the decisionmaking processes of local
educational agencies as to the expenditure made pursuant to
an application under section 6303;
‘‘(6) contains assurances that there is compliance with the
specific requirements of this title; and
‘‘(7) provides for timely public notice and public dissemina-
tion of the information provided pursuant to paragraph (2).
‘‘(b) PERIOD OF APPLICATION.—An application filed by the State
under subsection (a) shall be for a period not to exceed three
years, and may be amended annually as may be necessary to
reflect changes without filing a new application.
‘‘(c) AUDIT RULE.—Local educational agencies receiving less
than an average of $5,000 each under this title shall not be audited
more frequently than once every five years.
H. R. 6—194
‘‘PART C—LOCAL INNOVATIVE EDUCATION
PROGRAMS
‘‘SEC. 6301. TARGETED USE OF FUNDS.
‘‘(a) GENERAL RULE.—Funds made available to local educational
agencies under section 6102 shall be used for innovative assistance
described in subsection (b).
‘‘(b) INNOVATIVE ASSISTANCE.—The innovative assistance pro-
grams referred to in subsection (a) include—
‘‘(1) technology related to the implementation of school-
based reform programs, including professional development to
assist teachers and other school officials regarding how to use
effectively such equipment and software;
‘‘(2) programs for the acquisition and use of instructional
and educational materials, including library services and mate-
rials (including media materials), assessments, reference mate-
rials, computer software and hardware for instructional use,
and other curricular materials which are tied to high academic
standards and which will be used to improve student achieve-
ment and which are part of an overall education reform pro-
gram;
‘‘(3) promising education reform projects, including effective
schools and magnet schools;
‘‘(4) programs to improve the higher order thinking skills
of disadvantaged elementary and secondary school students
and to prevent students from dropping out of school;
‘‘(5) programs to combat illiteracy in the student and adult
population, including parent illiteracy;
‘‘(6) programs to provide for the educational needs of gifted
and talented children;
‘‘(7) school reform activities that are consistent with the
Goals 2000: Educate America Act; and
‘‘(8) school improvement programs or activities under sec-
tions 1116 and 1117.
‘‘SEC. 6302. ADMINISTRATIVE AUTHORITY.
‘‘In order to conduct the activities authorized by this title,
each State or local educational agency may use funds reserved
for this title to make grants to and to enter into contracts with
local educational agencies, institutions of higher education, librar-
ies, museums, and other public and private nonprofit agencies,
organizations, and institutions.
‘‘SEC. 6303. LOCAL APPLICATIONS.
‘‘(a) CONTENTS OF APPLICATION.—A local educational agency
or consortium of such agencies may receive an allocation of funds
under this title for any year for which an application is submitted
to the State educational agency and such application is certified
to meet the requirements of this section. The State educational
agency shall certify any such application if such application—
‘‘(1)(A) sets forth the planned allocation of funds among
innovative assistance programs described in section 6301 and
describes the programs, projects, and activities designed to
carry out such innovative assistance which the local educational
agency intends to support, together with the reasons for the
selection of such programs, projects, and activities; and
H. R. 6—195
‘‘(B) sets forth the allocation of such funds required to
implement section 6402;
‘‘(2) describes how assistance under this title will contribute
to meeting the National Education Goals and improving student
achievement or improving the quality of education for students;
‘‘(3) provide assurances of compliance with the provisions
of this title, including the participation of children enrolled
in private, nonprofit schools in accordance with section 6402;
‘‘(4) agrees to keep such records, and provide such informa-
tion to the State educational agency as reasonably may be
required for fiscal audit and program evaluation, consistent
with the responsibilities of the State agency under this title;
and
‘‘(5) provides in the allocation of funds for the assistance
authorized by this title, and in the design, planning and
implementation of such programs, for systematic consultation
with parents of children attending elementary and secondary
schools in the area served by the local educational agency,
with teachers and administrative personnel in such schools,
and with other groups involved in the implementation of this
title (such as librarians, school counselors, and other pupil
services personnel) as may be considered appropriate by the
local educational agency.
‘‘(b) PERIOD OF APPLICATION.—An application filed by a local
educational agency under subsection (a) shall be for a period not
to exceed three fiscal years, may provide for the allocation of funds
to programs for a period of three years, and may be amended
annually as may be necessary to reflect changes without filing
a new application.
‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—Subject to the
limitations and requirements of this title, a local educational agency
shall have complete discretion in determining how funds under
this part shall be divided among the areas of targeted assistance.
In exercising such discretion, a local educational agency shall ensure
that expenditures under this part carry out the purposes of this
title and are used to meet the educational needs within the schools
of such local educational agency.
‘‘PART D—GENERAL ADMINISTRATIVE
PROVISIONS
‘‘SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLE-
MENTARY.
‘‘(a) MAINTENANCE OF EFFORT.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
a State is entitled to receive its full allocation of funds under
this part for any fiscal year if the Secretary finds that either
the combined fiscal effort per student or the aggregate expendi-
tures within the State with respect to the provision of free
public education for the fiscal year preceding the fiscal year
for which the determination is made was not less than 90
percent of such combined fiscal effort or aggregate expenditures
for the second fiscal year preceding the fiscal year for which
the determination is made.
‘‘(2) REDUCTION
OF
FUNDS.—The Secretary shall reduce
the amount of the allocation of funds under this part in any
fiscal year in the exact proportion to which the State fails
H. R. 6—196
to meet the requirements of paragraph (1) by falling below
90 percent of both the fiscal effort per student and aggregate
expenditures (using the measure most favorable to the State),
and no such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent years.
‘‘(3) WAIVERS.—The Secretary may waive, for one fiscal
year only, the requirements of this section if the Secretary
determines that such a waiver would be equitable due to excep-
tional or uncontrollable circumstances such as a natural disas-
ter or a precipitous and unforeseen decline in the financial
resources of the State.
‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State or local edu-
cational agency may use and allocate funds received under this
part only so as to supplement and, to the extent practical, increase
the level of funds that would, in the absence of Federal funds
made available under this part, be made available from non-Federal
sources, and in no case may such funds be used so as to supplant
funds from non-Federal sources.
‘‘SEC. 6402. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—
‘‘(1) IN GENERAL.—To the extent consistent with the number
of children in the school district of a local educational agency
which is eligible to receive funds under this title or which
serves the area in which a program or project assisted under
this title is located who are enrolled in private nonprofit
elementary and secondary schools, or with respect to instruc-
tional or personnel training programs funded by the State
educational agency from funds made available for State use,
such agency, after consultation with appropriate private school
officials, shall provide for the benefit of such children in such
schools secular, neutral, and nonideological services, materials,
and equipment, including the participation of the teachers of
such children (and other educational personnel serving such
children) in training programs, and the repair, minor remodel-
ing, or construction of public facilities as may be necessary
for their provision (consistent with subsection (c) of this section),
or, if such services, materials, and equipment are not feasible
or necessary in one or more such private schools as determined
by the local educational agency after consultation with the
appropriate private school officials, shall provide such other
arrangements as will assure equitable participation of such
children in the purposes and benefits of this title.
‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no program or
project is carried out under paragraph (1) in the school district
of a local educational agency, the State educational agency
shall make arrangements, such as through contracts with non-
profit agencies or organizations, under which children in private
schools in such district are provided with services and materials
to the extent that would have occurred if the local educational
agency had received funds under this title.
‘‘(3) APPLICATION OF REQUIREMENTS.—The requirements of
this section relating to the participation of children, teachers,
and other personnel serving such children shall apply to pro-
grams and projects carried out under this title by a State
or local educational agency, whether directly or through grants
H. R. 6—197
to or contracts with other public or private agencies, institu-
tions, or organizations.
‘‘(b) EQUAL EXPENDITURES.—Expenditures for programs pursu-
ant to subsection (a) shall be equal (consistent with the number
of children to be served) to expenditures for programs under this
title for children enrolled in the public schools of the local edu-
cational agency, taking into account the needs of the individual
children and other factors which relate to such expenditures, and
when funds available to a local educational agency under this
title are used to concentrate programs or projects on a particular
group, attendance area, or grade or age level, children enrolled
in private schools who are included within the group, attendance
area, or grade or age level selected for such concentration shall,
after consultation with the appropriate private school officials, be
assured equitable participation in the purposes and benefits of
such programs or projects.
‘‘(c) FUNDS.—
‘‘(1) ADMINISTRATION OF FUNDS AND PROPERTY.—The control
of funds provided under this title, and title to materials, equip-
ment, and property repaired, remodeled, or constructed with
such funds, shall be in a public agency for the uses and purposes
provided in this title, and a public agency shall administer
such funds and property.
‘‘(2) PROVISION
OF
SERVICES.—The provision of services
pursuant to this title shall be provided by employees of a
public agency or through contract by such public agency with
a person, an association, agency, or corporation who or which,
in the provision of such services, is independent of such private
school and of any religious organizations, and such employment
or contract shall be under the control and supervision of such
public agency, and the funds provided under this title shall
not be commingled with State or local funds.
‘‘(d) STATE PROHIBITION WAIVER.—If by reason of any provision
of law a State or local educational agency is prohibited from provid-
ing for the participation in programs of children enrolled in private
elementary and secondary schools, as required by this section, the
Secretary shall waive such requirements and shall arrange for
the provision of services to such children through arrangements
which shall be subject to the requirements of this section.
‘‘(e) WAIVER AND PROVISION OF SERVICES.—
‘‘(1) FAILURE TO COMPLY.—If the Secretary determines that
a State or a local educational agency has substantially failed
or is unwilling to provide for the participation on an equitable
basis of children enrolled in private elementary and secondary
schools as required by this section, the Secretary may waive
such requirements and shall arrange for the provision of serv-
ices to such children through arrangements which shall be
subject to the requirements of this section.
‘‘(2) WITHHOLDING OF ALLOCATION.—Pending final resolu-
tion of any investigation or complaint that could result in
a determination under this subsection or subsection (d), the
Secretary may withhold from the allocation of the affected
State or local educational agency the amount estimated by
the Secretary to be necessary to pay the cost of those services.
‘‘(f) DETERMINATION.—Any determination by the Secretary
under this section shall continue in effect until the Secretary deter-
mines that there will no longer be any failure or inability on
H. R. 6—198
the part of the State or local educational agency to meet the
requirements of subsections (a) and (b).
‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When the Secretary
arranges for services pursuant to this section, the Secretary shall,
after consultation with the appropriate public and private school
officials, pay the cost of such services, including the administrative
costs of arranging for those services, from the appropriate allotment
of the State under this title.
‘‘(h) REVIEW.—
‘‘(1) WRITTEN OBJECTIONS.—The Secretary shall not take
any final action under this section until the State educational
agency and the local educational agency affected by such action
have had an opportunity, for not less than 45 days after receiv-
ing written notice thereof, to submit written objections and
to appear before the Secretary or the Secretary’s designee to
show cause why that action should not be taken.
‘‘(2) COURT ACTION.—If a State or local educational agency
is dissatisfied with the Secretary’s final action after a proceed-
ing under paragraph (1), such agency may, not later than
60 days after notice of such action, file with the United States
court of appeals for the circuit in which such State is located
a petition for review of that action. A copy of the petition
shall be transmitted by the clerk of the court to the Secretary.
The Secretary thereupon shall file in the court the record
of the proceedings on which the Secretary based this action,
as provided in section 2112 of title 28, United States Code.
‘‘(3) REMAND TO SECRETARY.—The findings of fact by the
Secretary, if supported by substantial evidence, shall be conclu-
sive; but the court, for good cause shown, may remand the
case to the Secretary to take further evidence and the Secretary
may make new or modified findings of fact and may modify
the Secretary’s previous action, and shall file in the court
the record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by
substantial evidence.
‘‘(4) COURT REVIEW.—Upon the filing of such petition, the
court shall have jurisdiction to affirm the action of the Secretary
or to set such action aside, in whole or in part. The judgment
of the court shall be subject to review by the Supreme Court
of the United States upon certiorari or certification as provided
in section 1254 of title 28, United States Code.
‘‘(i) PRIOR DETERMINATION.—Any bypass determination by the
Secretary under chapter 2 of title I of this Act (as such chapter
was in effect on the day preceding the date of enactment of the
Improving America’s Schools Act of 1994) shall, to the extent
consistent with the purposes of this title, apply to programs under
this title.
‘‘SEC. 6403. FEDERAL ADMINISTRATION.
‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon request,
shall provide technical assistance to State and local educational
agencies under this title.
‘‘(b) RULEMAKING.—The Secretary shall issue regulations under
this title only to the extent that such regulations are necessary
to ensure that there is compliance with the specific requirements
and assurances required by this title.
H. R. 6—199
‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwithstanding any
other provision of law, unless expressly in limitation of this sub-
section, funds appropriated in any fiscal year to carry out activities
under this title shall become available for obligation on July 1
of such fiscal year and shall remain available for obligation until
the end of the subsequent fiscal year.
‘‘TITLE 
VII—BILINGUAL 
EDUCATION,
LANGUAGE ENHANCEMENT, AND LAN-
GUAGE ACQUISITION PROGRAMS
‘‘PART A—BILINGUAL EDUCATION
‘‘SEC. 7101. SHORT TITLE.
‘‘This part may be cited as the ‘Bilingual Education Act’.
‘‘SEC. 7102. FINDINGS, POLICY, AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) language-minority Americans speak virtually all world
languages plus many that are indigenous to the United States;
‘‘(2) there are large and growing numbers of children and
youth of limited-English proficiency, many of whom have a
cultural heritage that differs from that of their English-pro-
ficient peers;
‘‘(3) the presence of language-minority Americans is related
in part to Federal immigration policies;
‘‘(4) many language-minority Americans are limited in their
English proficiency, and many have limited education and
income;
‘‘(5) limited English proficient children and youth face a
number of challenges in receiving an education that will enable
such children and youth to participate fully in American society,
including—
‘‘(A) segregated education programs;
‘‘(B) disproportionate and improper placement in spe-
cial education and other special programs due to the use
of inappropriate evaluation procedures;
‘‘(C) the limited-English proficiency of their own par-
ents, which hinders the parents’ ability to fully participate
in the education of their children; and
‘‘(D) a shortage of teachers and other staff who are
professionally trained and qualified to serve such children
and youth;
‘‘(6) Native Americans and Native American languages (as
such terms are defined in section 103 of the Native American
Languages Act), including native residents of the outlying
areas, have a unique status under Federal law that requires
special policies within the broad purposes of this Act to serve
the education needs of language minority students in the United
States;
‘‘(7) institutions of higher education can assist in preparing
teachers, administrators and other school personnel to under-
stand and build upon the educational strengths and needs
of language-minority and culturally diverse student enroll-
ments;
H. R. 6—200
‘‘(8) it is the purpose of this title to help ensure that
limited English proficient students master English and develop
high levels of academic attainment in content areas;
‘‘(9) quality bilingual education programs enable children
and youth to learn English and meet high academic standards
including proficiency in more than one language;
‘‘(10) as the world becomes increasingly interdependent
and as international communication becomes a daily occurrence
in government, business, commerce, and family life, multi-
lingual skills constitute an important national resource which
deserves protection and development;
‘‘(11) educational technology has the potential for improving
the education of language-minority and limited English pro-
ficient students and their families, and the Federal Government
should foster this development;
‘‘(12) parent and community participation in bilingual edu-
cation programs contributes to program effectiveness;
‘‘(13) research, evaluation, and data-collection capabilities
in the field of bilingual education need to be strengthened
so that educators and other staff can better identify and pro-
mote those programs, program implementation strategies, and
instructional practices that result in effective education of lim-
ited English proficient children;
‘‘(14) the use of a child or youth’s native language and
culture in classroom instruction can—
‘‘(A) promote self-esteem and contribute to academic
achievement and learning English by limited English pro-
ficient children and youth;
‘‘(B) benefit English-proficient children and youth who
also participate in such programs; and
‘‘(C) develop our Nation’s national language resources,
thus promoting our Nation’s competitiveness in the global
economy;
‘‘(15) the Federal Government, as exemplified by title VI
of the Civil Rights Act of 1964 and section 204(f) of the Equal
Education Opportunities Act of 1974, has a special and continu-
ing obligation to ensure that States and local school districts
take appropriate action to provide equal educational opportuni-
ties to children and youth of limited English proficiency; and
‘‘(16) the Federal Government also, as exemplified by the
Federal Government’s efforts under this title, has a special
and continuing obligation to assist States and local school dis-
tricts in developing the capacity to provide programs of instruc-
tion that offer limited English proficient children and youth
an equal educational opportunity.
‘‘(b) POLICY.—The Congress declares it to be the policy of the
United States, in order to ensure equal educational opportunity
for all children and youth and to promote educational excellence,
to assist State and local educational agencies, institutions of higher
education and community-based organizations to build their capac-
ity to establish, implement, and sustain programs of instruction
for children and youth of limited English proficiency.
‘‘(c) PURPOSE.—The purpose of this part is to educate limited
English proficient children and youth to meet the same rigorous
standards for academic performance expected of all children and
youth, including meeting challenging State content standards and