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manent duty station for compassionate reasons (com-
passionate post assignment) for the total costs associ-
ated with such children who are provided an edu-
cational program provided outside the schools of such
agency.
‘‘(3) REMAINING FUNDS.—If funds remain after
payments are made under paragraph (2) for any fis-
cal year, then such remaining funds shall be made
available for expenditures under subsection (d) in
such fiscal year on a pro rata basis consistent with
the requirements of such subsection.
‘‘(4) RATABLE REDUCTIONS.—If amounts avail-
able to carry out paragraph (2) for any fiscal year
are insufficient to pay in full the total payment that
all eligible local educational agencies are eligible to
receive under such paragraph for such year, then the
Secretary shall ratably reduce such payments to such
agencies for such year.
‘‘(h) OTHER FUNDS.—Notwithstanding any other pro-
vision of law, a local educational agency receiving funds
under this section may also receive funds under section 6
of the Act of September 30, 1950 (Public Law 874, 81st
Congress) or such section’s successor authority.
‘‘(i) MAINTENANCE OF EFFORT.—A local educational
agency may receive funds under this part for any fiscal
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year only if the State educational agency finds that either
the combined fiscal effort per student or the aggregate ex-
penditures of that agency and the State with respect to the
provision of free public education by that agency for the
preceding fiscal year was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the sec-
ond preceding fiscal year.
‘‘SEC. 9004. POLICIES AND PROCEDURES RELATING TO
CHILDREN RESIDING ON INDIAN LANDS.
‘‘(a) IN GENERAL.—A local educational agency that
claims children residing on Indian lands for the purpose
of receiving funds under section 9003 shall establish policies
and procedures to ensure that—
‘‘(1) such children participate in programs and
activities supported by such funds on an equal basis
with all other children;
‘‘(2) parents of such children and Indian tribes
are afforded an opportunity to present their views on
such programs and activities, including an oppor-
tunity to make recommendations on the needs of those
children and how the local educational agency may
help such children realize the benefits of such pro-
grams and activities;
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‘‘(3) parents and Indian tribes are consulted and
involved in planning and developing such programs
and activities;
‘‘(4) relevant applications, evaluations, and pro-
gram plans are disseminated to the parents and In-
dian tribes; and
‘‘(5) parents and Indian tribes are afforded an
opportunity to present their views to such agency re-
garding such agency’s general educational program.
‘‘(b) RECORDS.—A local educational agency that
claims children residing on Indian lands for the purpose
of receiving funds under section 9003 shall maintain
records demonstrating such agency’s compliance with re-
quirements contained in subsection (a).
‘‘(c) WAIVER.—A local educational agency that claims
children residing on Indian lands for the purpose of receiv-
ing funds under section 9003 shall not be required to com-
ply with the requirements of subsections (a) and (b) for any
fiscal year with respect to any Indian tribe from which such
agency has received a written statement that the agency
need not comply with those subsections because the tribe is
satisfied with the provision of educational services by such
agency to such children.
‘‘(d) TECHNICAL ASSISTANCE AND ENFORCEMENT.—
The Secretary shall—
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‘‘(1) provide technical assistance to local edu-
cational agencies, parents, and Indian tribes to en-
able such agencies, parents, and tribes to carry out
this section; and
‘‘(2) enforce this section through such actions,
which may include the withholding of funds, as the
Secretary determines to be appropriate, after afford-
ing the affected local educational agency, parents, and
Indian tribe an opportunity to present their views.
‘‘(e) COMPLAINTS.—
‘‘(1) IN GENERAL.—(A) Any tribe, or its des-
ignee, which has students in attendance at a local
educational agency may, in its discretion and with-
out regard to the requirements of any other provision
of law, file a written complaint with the Secretary re-
garding any action of a local educational agency
taken pursuant to, or relevant to, the requirements of
this section.
‘‘(B) Within ten working days from receipt of a
complaint, the Secretary shall—
‘‘(i) designate a time and place for a hear-
ing into the matters relating to the complaint at
a location in close proximity to the local edu-
cational agency involved, or if the Secretary de-
termines there is good cause, at some other loca-
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tion convenient to both the tribe, or its designee,
and the local educational agency;
‘‘(ii) designate a hearing examiner to con-
duct the hearing; and
‘‘(iii) notify the affected tribe or tribes and
the local educational agency involved of the time,
place, and nature of the hearing and send copies
of the complaint to the local educational agency
and the affected tribe or tribes.
‘‘(2) HEARING.—The hearing shall be held with-
in 30 days of the designation of a hearing examiner
and shall be open to the public. A record of the pro-
ceedings shall be established and maintained.
‘‘(3) EVIDENCE; RECOMMENDATIONS; COST.—The
complaining tribe, or its designee, and the local edu-
cational agency shall be entitled to present evidence
on matters relevant to the complaint and to make rec-
ommendations concerning the appropriate remedial
actions. Each party to the hearing shall bear only its
own costs in the proceedings.
‘‘(4) FINDINGS AND RECOMMENDATIONS.—With-
in 30 days of the completion of the hearing, the hear-
ing examiner shall, on the basis of the record, make
written findings of fact and recommendations con-
cerning appropriate remedial action, if any, which
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should be taken. The hearing examiner’s findings and
recommendations, along with the hearing record, shall
be forwarded to the Secretary.
‘‘(5) WRITTEN
DETERMINATION.—Within 30
days of his receipt of the findings, recommendations,
and record, the Secretary shall, on the basis of the
record, make a written determination of the appro-
priate remedial action, if any, to be taken by the local
educational agency, the schedule for completion of the
remedial action, and the reasons for the Secretary’s
decision.
‘‘(6) COPIES PROVIDED.—Upon completion of his
final determination, the Secretary shall provide the
complaining tribe, or its designee, and the local edu-
cational agency with copies of the hearing record, the
hearing examiner’s findings and recommendations,
and the Secretary’s final determination. The final de-
termination of the Secretary shall be subject to judi-
cial review.
‘‘(7) CONSOLIDATION.—In all actions under this
subparagraph, the Secretary shall have discretion to
consolidate complaints involving the same tribe or
local educational agency.
‘‘(8) WITHHOLDING.—If the local educational
agency rejects the determination of the Secretary, or
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if the remedy required is not undertaken within the
time established and the Secretary determines that an
extension of the time established will not effectively
encourage the remedy required, the Secretary shall
withhold payment of all moneys to which such local
agency is eligible under section 9003 until such time
as the remedy required is undertaken, except where
the complaining tribe or its designee formally requests
that such funds be released to the local educational
agency, except that the Secretary may not withhold
such moneys during the course of the school year if
the Secretary determines that such withholding would
substantially disrupt the educational programs of the
local educational agency.
‘‘(9) REJECTION
OF
DETERMINATION.—If the
local educational agency rejects the determination of
the Secretary and a tribe exercises the option under
section 1101(d) of the Education Amendments of
1978, to have education services provided either di-
rectly by the Bureau of Indian Affairs or by contract
with the Bureau of Indian Affairs, any Indian stu-
dents affiliated with that tribe who wish to remain in
attendance at the local educational agency against
whom the complaint which led to the tribal action
under such subsection (d) was lodged may be counted
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with respect to that local educational agency for the
purpose of receiving funds under section 9004. In
such event, funds under such section shall not be with-
held pursuant to subparagraph (D) and no further
complaints with respect to such students may be filed
under subparagraph (C)(i).
‘‘(f) CONSTRUCTION.—This section is based upon the
special relationship between the Indian nations and the
United States and nothing in this section shall be construed
to relieve any State of any duty with respect to any citizens
of that State.
‘‘SEC. 9005. APPLICATION FOR PAYMENTS UNDER SECTIONS
9002 AND 9003.
‘‘(a) IN GENERAL.—A local educational agency desir-
ing to receive a payment under section 9002 or 9003 shall—
‘‘(1) submit an application for such payment to
the Secretary; and
‘‘(2) provide a copy of such application to the
State educational agency.
‘‘(b) CONTENTS.—Each such application shall be sub-
mitted in such form and manner, and shall contain such
information, as the Secretary may require, including—
‘‘(1) information to determine the eligibility of
the local educational agency for a payment and the
amount of such payment; and
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‘‘(2) where applicable, an assurance that such
agency is in compliance with section 9004 (relating
to children residing on Indian lands).
‘‘(c) DEADLINE
FOR SUBMISSION.—The Secretary
shall establish deadlines for the submission of applications
under this section.
‘‘(d) APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary shall approve
an application submitted under this section that—
‘‘(A) except as provided in paragraph (2),
is filed by the deadline established under sub-
section (c); and
‘‘(B) otherwise meets the requirements of
this title.
‘‘(2) REDUCTION
IN
PAYMENT.—The Secretary
shall approve an application filed not more than 60
days after a deadline established under subsection (c)
that otherwise meets the requirements of this title, ex-
cept that, notwithstanding section 9003(e), the Sec-
retary shall reduce the payment based on such late
application by 10 percent of the amount that would
otherwise be paid.
‘‘(3) LATE APPLICATIONS.—The Secretary shall
not accept or approve any application that is filed
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more than 60 days after a deadline established under
subsection (c).
‘‘(4) STATE APPLICATION AUTHORITY.—Notwith-
standing any provision of law, a State educational
agency that had been accepted as an applicant for
funds under section 3 of the Act of September 30,
1950 (Public Law 874, 81st Congress) in fiscal year
1994 shall be permitted to continue as an applicant
under the same conditions by which such agency
made application during such fiscal year only if such
State educational agency distributes all funds received
for the students for which application is being made
by such State educational agency to the local edu-
cational agencies providing educational services to
such students.
‘‘SEC. 9006. PAYMENTS FOR SUDDEN AND SUBSTANTIAL IN-
CREASES IN ATTENDANCE OF MILITARY DE-
PENDENTS.
‘‘(a) ELIGIBILITY.—A local educational agency is eli-
gible for a payment under this section if—
‘‘(1) the number of children in average daily at-
tendance during the school year for which the deter-
mination is made is at least ten percent or 100 more
than the number of children in average daily attend-
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ance in the school year preceding the school year for
which the determination is made; and
‘‘(2) the number of children in average daily at-
tendance with a parent on active duty (as defined in
section 101(18) of title 37, United States Code) in the
Armed Forces who are in attendance at such agency
because of the assignment of their parent to a new
duty station between May 15 and September 30, in-
clusive, of the fiscal year for which the determination
is made, as certified by an appropriate local official
of the Department of Defense, is at least ten percent
or 100 more than the number of children in average
daily attendance in the preceding school year.
‘‘(b) APPLICATION.—A local educational agency that
wishes to receive a payment under this section shall file an
application with the Secretary by October 15 of the school
year for which payment is requested, in such manner and
containing such information as the Secretary may pre-
scribe, including information demonstrating that such
agency is eligible for such a payment.
‘‘(c) CHILDREN TO BE COUNTED.—For each eligible
local educational agency that applies for a payment under
this section, the Secretary shall determine the lesser of—
‘‘(1) the increase in the number of children in
average daily attendance from the school year preced-
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ing the fiscal year for which the determination is
made; and
‘‘(2) the number of children described in sub-
section (a)(2).
‘‘(d) PAYMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), from the amount appropriated for a fiscal
year under section 9014(d), the Secretary shall pay
each local educational agency with an approved ap-
plication an amount equal to one-half of the national
average per-pupil expenditure multiplied by the num-
ber of such children determined under subsection (c)
for that local educational agency.
‘‘(2) RATABLE REDUCTION.—(A) If the amount
appropriated to carry out this section for any fiscal
year is insufficient to pay the full payment that all
eligible local educational agencies are eligible to re-
ceive under this section for such year, then the Sec-
retary shall ratably reduce the payments to such
agencies for such year.
‘‘(B) If additional funds become available for
making payments under paragraph (1) for such fiscal
year, payments that were reduced under subpara-
graph (A) shall be increased on the same basis as such
payments were reduced.
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‘‘(e) NOTIFICATION PROCESS.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish, with the Secretary of Defense, a notification
process relating to the closure of Department of De-
fense facilities, or the adjustment of personnel levels
assigned to such facilities, which may substantially
affect the student enrollment levels of local edu-
cational agencies which receive or may receive pay-
ments under this title.
‘‘(2) INFORMATION.—Such process shall provide
timely information regarding such closures and such
adjustments—
‘‘(A) by the Secretary of Defense to the Sec-
retary; and
‘‘(B) by the Secretary to the affected local
educational agencies.
‘‘SEC. 9007. CONSTRUCTION.
‘‘(a) PAYMENTS AUTHORIZED.—From the amount ap-
propriated for each fiscal year under section 9014(e), the
Secretary shall make payments to each local educational
agency—
‘‘(1) that receives a basic payment under section
9003(b); and
‘‘(2)(A) in which the number of children deter-
mined under section 9003(a)(1)(C) constituted at
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least 50 percent of the number of children who were
in average daily attendance in the schools of such
agency during the preceding school year;
‘‘(B) that receives assistance under section
9003(f); or
‘‘(C) that receives assistance under section 9006.
‘‘(b) AMOUNT OF PAYMENTS.—The amount of a pay-
ment to each such agency for a fiscal year shall be equal
to—
‘‘(1) the amount appropriated under section
9014(e) for such year; divided by
‘‘(2) the number of children determined under
section 9003(a)(2) for all local educational agencies
described in subsection (a), but not including any
children attending a school assisted or provided by the
Secretary under section 9008 or section 10 of the Act
of September 23, 1950 (Public Law 815, 81st Con-
gress) (as such Act was in effect on the day preceding
the date of enactment of the Improving America’s
Schools Act of 1994); multiplied by
‘‘(3) the number of such children determined for
such agency.
‘‘(c) USE OF FUNDS.—Any local educational agency
that receives funds under this section shall use such funds
for construction, as defined in section 9013(3).
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‘‘(d) SPECIAL RULE.—In carrying out section 14(c)
of the Act of September 23, 1950 (Public Law 815, 81st
Congress) (20 U.S.C. 644(c)) or any successor authority,
the Secretary of Education shall waive any amount of local
effort in excess of $200,000 that would otherwise be required
under paragraphs (3) and (4) of such section, or any succes-
sor authority, respectively, and any regulations issued
thereunder, in awarding funds to the Winona R–III School
District, Missouri, with respect to its application #MO–
86–C–3601A36.
‘‘SEC. 9008. FACILITIES.
‘‘(a) CURRENT FACILITIES.—From the amount appro-
priated for any fiscal year under section 9014(f), the Sec-
retary may continue to provide assistance for school facili-
ties that were supported by the Secretary under section 10
of the Act of September 23, 1950 (Public Law 815, 81st
Congress) (as such Act was in effect on the day preceding
the date of the enactment of the Improving America’s
Schools Act of 1994).
‘‘(b) TRANSFER OF FACILITIES.—
‘‘(1) IN GENERAL.—The Secretary shall, as soon
as practicable, transfer to the appropriate local edu-
cational agency or another appropriate entity all the
right, title, and interest of the United States in and
to each facility provided under section 10 of the Act
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of September 23, 1950 (Public Law 815, 81st Con-
gress), or under section 204 or 310 of the Act of Sep-
tember 30, 1950 (Public Law 874, 81st Congress) (as
such Acts were in effect on January 1, 1958).
‘‘(2) OTHER REQUIREMENTS.—Any such transfer
shall be without charge to such agency or entity, and
prior to such transfer, the transfer shall be consented
to by the local educational agency or other appro-
priate entity, and may be made on such terms and
conditions as the Secretary deems appropriate to
carry out the purposes of this title.
‘‘SEC. 9009. TREATMENT OF PAYMENTS BY THE STATES IN
DETERMINING ELIGIBILITY FOR, AND THE
AMOUNT OF, STATE AID.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), no payments may be made under this title for any fis-
cal year to any local educational agency in any State if—
‘‘(1) such State has taken into consideration
payments under this title in determining—
‘‘(A) the eligibility of any local educational
agency in that State for State aid for free public
education of children; or
‘‘(B) the amount of such aid with respect to
any such agency;
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during that fiscal year or the preceding fiscal year;
or
‘‘(2) such State makes such aid available to local
educational agencies in such a manner as to result in
less State aid to any local educational agency which
is eligible for payments under this title than such
agency would receive if such agency were not so eligi-
ble.
‘‘(b) EXCEPTION.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(a), if a State has in effect a program of State aid
for free public education for any fiscal year, which is
designed to equalize expenditures for free public edu-
cation among the local educational agencies of that
State, payments under this title for any fiscal year
may be taken into consideration by such State in de-
termining the relative—
‘‘(A) financial resources available to local
educational agencies in that State; and
‘‘(B) financial need of such agencies for the
provision of free public education for children
served by such agency, provided that a State
may consider as local resources funds received
under this title only in proportion to the share
that local tax revenues covered under a State
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equalization program are of total local tax reve-
nues.
‘‘(2) SPECIAL RULE.—The portion of payments
under sections 9003(b), 9003(d) and 9003(f)(1) for
children described in section 9003(a)(1)(C) which are
attributable to the difference between the total weight-
ed 
student 
units 
determined 
under 
section
9003(a)(2)(B) and the total weighted student units
determined under section 9003(a)(2)(A), shall not be
taken into consideration by the State for the purpose
of this subparagraph. Whenever a State educational
agency or local educational agency will be adversely
affected by the operation of this section, such agency
shall be afforded notice and an opportunity for a
hearing prior to the reduction or termination of pay-
ments pursuant to this section.
‘‘(3) DEFINITIONS.—The terms ‘State aid’ and
‘equalize expenditures’ as used in this section shall be
defined by the Secretary by regulation, after consulta-
tion with State and local educational agencies af-
fected by this section, provided that the term ‘equalize
expenditures’ shall not be construed in any manner
adverse to a program of State aid for free public edu-
cation which provides for taking into consideration
the additional cost of providing free public education
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for particular groups or categories of pupils in meet-
ing the special educational needs of such children as
disabled children, economically disadvantaged chil-
dren, limited-English proficient children, and gifted
and talented children.
‘‘(4) NOTICE
AND
CERTIFICATION.—(A) If a
State desires to take payments under this title into
consideration as provided in this subsection for any
fiscal year, that State shall, not later than 60 days
prior to the beginning of such fiscal year, submit no-
tice to the Secretary of its intention to do so. Such
notice shall be in such form and be accompanied by
such information as to enable the Secretary to deter-
mine the extent to which the program of State aid of
that State is consistent with the provisions of para-
graph (1). In addition, such notice shall be accom-
panied by such evidence as the Secretary finds nec-
essary that each local educational agency in that
State has been given notice of the intention of the
State. If the Secretary determines that the program of
State aid of a State submitting notice under this
paragraph is consistent with the provisions of para-
graph (1), the Secretary shall certify such determina-
tion to that State.
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‘‘(B) Prior to certifying any determination
under subparagraph (A) for any State for any fiscal
year, the Secretary shall give the local educational
agencies in that State an opportunity for a hearing
at which such agencies may present their views with
respect to the consistency of the State aid program of
that State with the provisions of paragraph (1).
‘‘(C) The Secretary shall not finally deny to any
State for any fiscal year certification of a determina-
tion under subparagraph (A) without first giving that
State an opportunity for a hearing.
‘‘(5) REQUIREMENT.—Any State whose program
of State aid was certified by the Secretary under
paragraph (4) for fiscal year 1988, but whose pro-
gram was determined by the Secretary under para-
graph (4)(A) not to meet the requirements of para-
graph (1) for one or more of the fiscal years 1989
through 1992—
‘‘(A) shall be deemed to have met the re-
quirements of paragraph (1) for each of the fiscal
years 1989 through 1992; and
‘‘(B) shall not, beginning with fiscal year
1993, and notwithstanding any other provision
of this paragraph, take payments under this title
into consideration as provided under paragraph
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(1) for any fiscal year unless the Secretary has
previously certified such State’s program for
such fiscal year.
‘‘(6) GRANDFATHER
CLAUSE.—Notwithstanding
any other provision of law, a State shall be deemed
to meet the requirements of this subsection if such
State—
‘‘(A) met the requirements of section 5(d)(2)
of the Act of September 30, 1950 (Public Law
874, 81st Congress) on July 1, 1994; and
‘‘(B) continues to meet the requirements of
such section 5(d)(2) for each fiscal year for
which the determination is made.
‘‘SEC. 9010. FEDERAL ADMINISTRATION.
‘‘(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS.—The
Secretary shall round any payments under this title to the
nearest whole dollar amount.
‘‘(b) OTHER AGENCIES.—Each Federal agency admin-
istering Federal property on which children reside, and
each agency principally responsible for an activity that
may occasion assistance under this title, shall, to the maxi-
mum extent practicable, comply with requests of the Sec-
retary for information the Secretary may require to carry
out this title.
‘‘(c) SPECIAL RULES.—
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‘‘(1) CERTAIN CHILDREN ELIGIBLE UNDER SUB-
SECTION (a) OR (b) OF SECTION 3 OF PUBLIC LAW 81–
874.—Notwithstanding any other provision of law, for
any fiscal year before fiscal year 1995, the Secretary
shall treat as eligible under subsection (a) or (b) of
section 3 of the Act of September 30, 1950 (Public
Law 874, 81st Congress), and shall forgive the obliga-
tion of a local educational agency to repay any
amounts that such agency received under such section
for such fiscal year based on, any child who would be
eligible under such subsections except that such child
does not meet the requirements of subsection (a)(1)(B)
or (b)(2)(B), respectively, of such section 3, if such
child meets the requirements of paragraph (3) of this
subsection.
‘‘(2) CERTAIN CHILDREN ELIGIBLE UNDER SUB-
PARAGRAPHS (A) AND (G)(ii) OF SECTION 9003(a)(1).—
(A) The Secretary shall treat as eligible under sub-
paragraph (A) of section 9003(a)(1) any child who
would be eligible under such subparagraph except that
the Federal property on which the child resides or on
which the child’s parent is employed is not in the
same State in which the child attends school, if such
child meets the requirements of paragraph (3) of this
subsection.
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‘‘(B) The Secretary shall treat as eligible under
subparagraph (G) of section 9003(a)(1) any child who
would be eligible under such subparagraph except that
such child does not meet the requirements of clause
(ii) of such subparagraph, if such child meets the re-
quirements of paragraph (3) of this subsection.
‘‘(3) REQUIREMENTS.—A child meets the re-
quirements of this paragraph if on the day preceding
the date of enactment—
‘‘(A) such child resides—
‘‘(i) in a State adjacent to the State in
which the local educational agency serving
the school such child attends is located; or
‘‘(ii) with a parent employed on Fed-
eral property in a State adjacent to the
State in which such agency is located;
‘‘(B) the schools of such agency are within
a more reasonable commuting distance of such
child’s home than the schools of the local edu-
cational agency that serves the school attendance
area where such child resides;
‘‘(C) attending the schools of the local edu-
cational agency that serves the school attendance
area where such child resides will impose a sub-
stantial hardship on such child; and
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HR 6 EAS
‘‘(D) the State in which such child attends
school provides funds for the education of such
child on the same basis as all other public school
children in the State, unless otherwise permitted
under section 5(d)(2) of the Act of September 30,
1950 (Public Law 874, 81st Congress) or section
9009(b) of this part.
‘‘SEC. 9011. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-
VIEW.
‘‘(a) ADMINISTRATIVE
HEARINGS.—A local edu-
cational agency and a State that is adversely affected by
any action of the Secretary under this title shall be entitled
to a hearing on such action in the same manner as if such
agency were a person under chapter 5 of title 5, United
States Code.
‘‘(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—
‘‘(1) IN GENERAL.—A local educational agency
or a State aggrieved by the Secretary’s final decision
following an agency proceeding under subsection (a)
may, within 60 days after receiving notice of such de-
cision, file with the United States court of appeals for
the circuit in which such agency or State is located
a petition for review of that action. The clerk of the
court shall promptly transmit a copy of the petition
to the Secretary. The Secretary shall then file in the
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court the record of the proceedings on which the Sec-
retary’s action was based, as provided in section 2112
of title 28, United States Code.
‘‘(2) FINDINGS OF FACT.—The findings of fact by
the Secretary, if supported by substantial evidence,
shall be conclusive, but the court, for good cause
shown, may remand the case to the Secretary to take
further evidence. The Secretary may thereupon make
new or modified findings of fact and may modify the
Secretary’s previous action, and shall file in the court
the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
‘‘(3) REVIEW.—The court shall have exclusive ju-
risdiction to affirm the action of the Secretary or to
set it aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme Court
of the United States upon certiorari or certification
as provided in section 1254 of title 28, United States
Code.
‘‘SEC. 9012. FORGIVENESS OF OVERPAYMENTS.
‘‘Notwithstanding any other provision of law, the Sec-
retary may forgive the obligation of a local educational
agency to repay, in whole or in part, the amount of any
overpayment received under this title, or under the Act of
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September 30, 1950 (Public Law 874, 81st Congress) or the
Act of September 23, 1950 (Public Law 815, 81st Congress),
if the Secretary determines that the overpayment was made
as a result of an error made by—
‘‘(1) the Secretary; or
‘‘(2) the local educational agency and repayment
of the full amount of the overpayment will result in
an undue financial hardship on the agency and seri-
ously harm the agency’s educational program.
‘‘SEC. 9013. DEFINITIONS.
‘‘For purposes of this title, the following definitions
apply:
‘‘(1) ARMED FORCES.—The term ‘Armed Forces’
means the Army, Navy, Air Force, and Marine Corps.
‘‘(2) AVERAGE PER PUPIL EXPENDITURE.—The
term ‘average per pupil expenditure’ means—
‘‘(A) the aggregate current expenditures of
all local educational agencies in the State; di-
vided by
‘‘(B) the total number of children in average
daily attendance for whom such agencies pro-
vided free public education.
‘‘(3) CONSTRUCTION.—The term ‘construction’
means—
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‘‘(A) the preparation of drawings and speci-
fications for school facilities;
‘‘(B) erecting, building, acquiring, altering,
remodeling, repairing, or extending school facili-
ties;
‘‘(C) inspecting and supervising the con-
struction of school facilities; and
‘‘(D) debt service for such activities.
‘‘(4) CURRENT EXPENDITURES.—The term ‘cur-
rent expenditures’ means expenditures for free public
education, including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of
plant, fixed charges, and net expenditures to cover
deficits for food services and student body activities,
but does not include expenditures for community serv-
ices, capital outlay, and debt service, or any expendi-
tures made from funds awarded under part A of title
I and title XIII. The determination of whether an ex-
penditure for the replacement of equipment is consid-
ered a current expenditure or a capital outlay shall
be determined in accordance with generally accepted
accounting principles as determined by the State.
‘‘(5) FEDERAL PROPERTY.—
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land described in subclause (I), (II), (III),
or (IV) of this clause or on land that met
one of those descriptions immediately before
such property’s use for such housing;
‘‘(iii)(I) part of a low-rent housing
project assisted under the United States
Housing Act of 1937; or
‘‘(II) used to provide housing for home-
less children at closed military installations
pursuant to section 501 of the Stewart B.
McKinney Homeless Assistance Act; or
‘‘(iv) owned by a foreign government
or by an international organization.
‘‘(B) SCHOOLS PROVIDING FLIGHT TRAINING
TO MEMBERS OF AIR FORCE.—The term ‘Federal
property’ includes, so long as not subject to tax-
ation by any State or any political subdivision
of a State, and whether or not that tax exemp-
tion is due to Federal agreement, law, or policy,
any school providing flight training to members
of the Air Force.
‘‘(C) NON-FEDERAL
EASEMENTS, LEASES,
LICENSES, PERMITS, IMPROVEMENTS, AND CER-
TAIN OTHER REAL PROPERTY.—The term ‘Fed-
eral property’ includes, whether or not subject to
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taxation by a State or a political subdivision of
a State—
‘‘(i) any non-Federal easement, lease,
license, permit, or other such interest in
Federal property as otherwise described in
this paragraph, but not including any non-
Federal fee-simple interest;
‘‘(ii) any improvement on Federal
property as otherwise described in this
paragraph; and
‘‘(iii) real property that, immediately
before its sale or transfer to a non-Federal
party, was owned by the United States and
otherwise qualified as Federal property de-
scribed in this paragraph, but only for one
year beyond the end of the fiscal year of
such sale or transfer.
‘‘(D) CERTAIN POSTAL SERVICE PROPERTY
AND PIPELINES AND UTILITY LINES.—Notwith-
standing any other provision of this paragraph,
the term ‘Federal property’ does not include—
‘‘(i) any real property under the juris-
diction of the United States Postal Service
that is used primarily for the provision of
postal services; or
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‘‘(ii) pipelines and utility lines.
‘‘(E) PROPERTY WITH RESPECT TO WHICH
STATE OR LOCAL TAX REVENUES MAY NOT BE
EXPENDED, 
ALLOCATED, 
OR
AVAILABLE
FOR
FREE
PUBLIC
EDUCATION.—Notwithstanding
any other provision of this paragraph, ‘Federal
property’ does not include any property on
which children reside that is otherwise described
in this paragraph if—
‘‘(i) no tax revenues of the State or of
any political subdivision of the State may
be expended for the free public education of
children who reside on that Federal prop-
erty; or
‘‘(ii) no tax revenues of the State are
allocated or available for the free public
education of such children.
‘‘(F) PROPERTY LOCATED IN THE STATE OF
OKLAHOMA OWNED BY INDIAN HOUSING AUTHOR-
ITY FOR LOW-INCOME HOUSING.—The term ‘Fed-
eral property’ includes any real property located
in the State of Oklahoma that—
‘‘(i) is owned by an Indian housing
authority and used for low-income housing
(including housing assisted under the mu-
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tual help ownership opportunity program
under section 202 of the United States
Housing Act of 1937); and
‘‘(ii) at any time—
‘‘(I) was designated by treaty as
tribal land; or
‘‘(II) satisfied the definition of
Federal 
property 
under 
section
403(1)(A) of the Act of September 30,
1950 (Public Law 874, 81st Congress)
(as such Act was in existence on the
day preceding the date of enactment of
the Improving America’s Schools Act of
1994).
‘‘(6) FREE PUBLIC EDUCATION.—The term ‘free
public education’ means education that is provided—
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge;
and
‘‘(B) as elementary or secondary education,
as determined under State law, except that, not-
withstanding State law, such term—
‘‘(i) includes preschool education; and
‘‘(ii) does not include any education
provided beyond grade 12.
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‘‘(7) INDIAN LANDS.—The term ‘Indian lands’
means any Federal property described in paragraph
(5)(A)(ii) or (5)(F).
‘‘(8) LOCAL CONTRIBUTION PERCENTAGE.—
‘‘(A) IN
GENERAL.—The term ‘local con-
tribution percentage’ means the percentage of
current expenditures in the State derived from
local and intermediate sources, as reported to
and verified by the National Center for Edu-
cation Statistics.
‘‘(B) HAWAII
AND
DISTRICT
OF
COLUM-
BIA.—Notwithstanding subparagraph (A), the
local contribution percentage for Hawaii and for
the District of Columbia shall be the average
local contribution percentage for all States.
‘‘(9) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘local educational
agency’—
‘‘(i) means a board of education or
other legally constituted local school author-
ity having administrative control and di-
rection of free public education in a county,
township, independent school district, or
other school district; and
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‘‘(ii) includes any State agency that
directly operates and maintains facilities
for providing free public education.
‘‘(B) EXCEPTION.—The term ‘local edu-
cational agency’ does not include any agency or
school authority that the Secretary determines on
a case-by-case basis—
‘‘(i) was constituted or reconstituted
primarily for the purpose of receiving as-
sistance under this title or the Act of Sep-
tember 30, 1950 (Public Law 874, 81st Con-
gress) or increasing the amount of such as-
sistance; or
‘‘(ii) is not constituted or reconstituted
for legitimate educational purposes.
‘‘(10) LOW-RENT HOUSING.—The term ‘low-rent
housing’ means housing located on property that is
described in paragraph (5)(A)(iii).
‘‘(11) 
REVENUE
DERIVED
FROM
LOCAL
SOURCES.—The term ‘revenue derived from local
sources’ means—
‘‘(A) revenue produced within the bound-
aries of a local educational agency and available
to such agency for such agency’s use; or
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‘‘(B) funds collected by another govern-
mental unit, but distributed back to a local edu-
cational agency in the same proportion as such
funds were collected as a local revenue source.
‘‘(12) SCHOOL FACILITIES.—The term ‘school fa-
cilities’ includes—
‘‘(A) classrooms and related facilities; and
‘‘(B) equipment, machinery, and utilities
necessary or appropriate for school purposes.
‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL
PROPERTY.—For the purpose of making payments under
section 9002, there are authorized to be appropriated
$16,750,000 for fiscal year 1995, and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(b) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IM-
PACTED LOCAL EDUCATIONAL AGENCIES.—For the purpose
of making payments under subsections (b) and (f) of section
9003, there are authorized to be appropriated $775,000,000
for fiscal year 1995 and such sums as may be necessary
for each of the 4 succeeding fiscal years, of which 6 percent
shall be available, until expended, for each fiscal year to
carry out section 9003(f).
‘‘(c) PAYMENTS
FOR
CHILDREN
WITH
DISABIL-
ITIES.—For the purpose of making payments under section
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9003(d), 
there 
are 
authorized 
to 
be 
appropriated
$45,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
‘‘(d) PAYMENTS FOR INCREASES IN MILITARY CHIL-
DREN.—For the purpose of making payments under section
9006, there are authorized to be appropriated $2,000,000
for fiscal year 1995 and such sums as may be necessary
for each of the 4 succeeding fiscal years.
‘‘(e) CONSTRUCTION.—For the purpose of carrying out
section 9007, there are authorized to be appropriated
$25,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
‘‘(f) FACILITIES MAINTENANCE.—For the purpose of
carrying out section 9008, there are authorized to be appro-
priated $2,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
‘‘PART B—EMERGENCY IMMIGRANT EDUCATION
PROGRAM
‘‘SEC. 9201. FINDINGS; PURPOSE; DEFINITION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the education of our Nation’s children and
youth is one of the most sacred government respon-
sibilities;
‘‘(2) local educational agencies have struggled to
fund adequately education services;
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‘‘(3) in the case of Plyler v. Doe, the Supreme
Court held that States have a responsibility under the
Equal Protection Clause of the Constitution to edu-
cate all children, regardless of immigration status;
and
‘‘(4) immigration policy is solely a responsibility
of the Federal Government.
‘‘(b) PURPOSE.—The purpose of this part is to assist
eligible local educational agencies that experience unexpect-
edly large increases in their student population due to im-
migration to—
‘‘(1) provide high-quality instruction to immi-
grant children and youth; and
‘‘(2) help such children and youth—
‘‘(A) with their transition into American
society; and
‘‘(B) meet the same challenging State per-
formance standards expected of all children and
youth.
‘‘(c) DEFINITION.—For the purpose of this subpart, the
term ‘immigrant children and youth’ means individuals
who—
‘‘(1) are aged three through 21;
‘‘(2) were not born in any State; and
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‘‘(3) have not been attending one or more schools
in any one or more States for more than three full
academic years.
‘‘SEC. 9202. STATE ADMINISTRATIVE COSTS.
‘‘For any fiscal year, a State educational agency may
reserve not more than 1.5 percent of the amount allocated
to such agency under section 9204 to pay the costs of per-
forming such agency’s administrative functions under this
part.
‘‘SEC. 9203. WITHHOLDING.
‘‘Whenever the Secretary, after reasonable notice and
opportunity for a hearing to any State educational agency,
finds that there is a failure to meet the requirement of any
provision of this part, the Secretary shall notify that agency
that further payments will not be made to the agency under
this part, or in the discretion of the Secretary, that the
State educational agency shall not make further payments
under this part to specified local educational agencies whose
actions cause or are involved in such failure until the Sec-
retary is satisfied that there is no longer any such failure
to comply. Until the Secretary is so satisfied, no further
payments shall be made to the State educational agency
under this part, or payments by the State educational agen-
cy under this part shall be limited to local educational
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agencies whose actions did not cause or were not involved
in the failure, as the case may be.
‘‘SEC. 9204. STATE ALLOCATIONS.
‘‘(a) PAYMENTS.—The Secretary shall, in accordance
with the provisions of this section, make payments to State
educational agencies for each of the fiscal years 1995
through 1999 for the purpose set forth in section 9201(b).
‘‘(b) ALLOCATIONS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (c), (d) and (e), of the amount appropriated
for each fiscal year for this part, each State partici-
pating in the program assisted under this part shall
receive an allocation equal to the proportion of such
State’s number of immigrant children and youth who
are enrolled in elementary and secondary public
schools under the jurisdiction of each local edu-
cational agency described in paragraph (2) within
such State, and in elementary and secondary
nonpublic schools within the district served by each
such local educational agency, relative to the total
number of immigrant children and youth so enrolled
in all the States participating in the program as-
sisted under this part.
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—The local educational agencies referred to in
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paragraph (1) are those local educational agencies in
which the sum of the number of immigrant children
and youth who are enrolled in elementary or second-
ary public schools under the jurisdiction of such agen-
cies, and in elementary or secondary nonpublic
schools within the districts served by such agencies,
during the fiscal year for which the payments are to
be made under this part, is equal to—
‘‘(A) at least 500; or
‘‘(B) at least 3 percent of the total number
of students enrolled in such public or nonpublic
schools during such fiscal year,
whichever number is less.
‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND
YOUTH.—
‘‘(1) IN GENERAL.—Determinations by the Sec-
retary under this section for any period with respect
to the number of immigrant children and youth shall
be made on the basis of data or estimates provided to
the Secretary by each State educational agency in ac-
cordance with criteria established by the Secretary,
unless the Secretary determines, after notice and op-
portunity for a hearing to the affected State edu-
cational agency, that such data or estimate are clear-
ly erroneous.
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‘‘(2) SPECIAL
RULE.—No such determination
with respect to the number of immigrant children and
youth shall operate because of an underestimate or
overestimate to deprive any State educational agency
of the allocation under this section that such State
would otherwise have received had such determination
been made on the basis of accurate data.
‘‘(d) REALLOCATION.—Whenever the Secretary deter-
mines that any amount of a payment made to a State
under this part for a fiscal year will not be used by such
State for carrying out the purpose for which the payment
was made, the Secretary shall make such amount available
for carrying out such purpose to one or more other States
to the extent the Secretary determines that such other States
will be able to use such additional amount for carrying out
such purpose. Any amount made available to a State from
any appropriation for a fiscal year in accordance with the
preceding sentence shall, for purposes of this part, be re-
garded as part of such State’s payment (as determined
under subsection (b)) for such year, but shall remain avail-
able until the end of the succeeding fiscal year.
‘‘(e) RESERVATION OF FUNDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this part, if the amount appropriated to
carry out this part exceeds $50,000,000 for a fiscal
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year, a State educational agency may reserve not
more than 20 percent of such agency’s payment under
this part for such year to award grants, on a com-
petitive basis, to local educational agencies within the
State as follows:
‘‘(A) At least one-half of such grants shall
be made available to eligible local educational
agencies (as described in subsection (b)(2)) with-
in the State with the highest numbers and per-
centages of immigrant children and youth.
‘‘(B) Funds reserved under this paragraph
and not made available under subparagraph (A)
may be distributed to local educational agencies
within the State experiencing a sudden influx of
immigrant children and youth which are other-
wise not eligible for assistance under this part.
‘‘(2) USE OF GRANT FUNDS.—Each local edu-
cational agency receiving a grant under paragraph
(1) shall use such grant funds to carry out the activi-
ties described in section 9207.
‘‘(3) INFORMATION.—Local educational agencies
with the highest number of immigrant children and
youth receiving funds under paragraph (1) may make
information available on serving immigrant children
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and youth to local educational agencies in the State
with sparse numbers of such children.
‘‘(4) DURATION.—Grants awarded under para-
graph (1) shall be for a period of not more than two
years.
‘‘(5) APPLICATIONS.—(A) Each eligible local
educational agency desiring a grant under this sub-
section shall submit to the Secretary an application
in such form, at such time, and containing such in-
formation and assurances as the Secretary may re-
quire.
‘‘(B) Each such application shall—
‘‘(i) describe—
‘‘(I) the need for the proposed program,
including data on the number of immigrant
children and youth in the local educational
agency to be served and their characteris-
tics, such as language spoken, dropout rates,
proficiency in English and the native lan-
guage, and academic standing in relation to
their English proficient peers; and
‘‘(II) the program to be implemented
and how such program’s design relates to
the linguistic and academic needs of the im-
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migrant children and youth to be served;
and
‘‘(ii) provide an assurance that the appli-
cant will not reduce the level of State and local
funds that the applicant expends for instruc-
tional programs for immigrant children and
youth if the applicant receives an award under
this part.
‘‘SEC. 9205. STATE APPLICATIONS.
‘‘(a) SUBMISSION.—No State educational agency shall
receive any payment under this part for any fiscal year
unless such agency submits an application to the Secretary
at such time, in such manner, and containing or accom-
panied by such information, as the Secretary may reason-
ably require. Each such application shall—
‘‘(1) provide that the educational programs, serv-
ices, and activities for which payments under this
part are made will be administered by or under the
supervision of the agency;
‘‘(2) provide assurances that payments under
this part will be used for purposes set forth in sections
9201 and 9207, including a description of how local
educational agencies receiving funds under this part
will use such funds to meet such purposes, and how
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the program designs are consistent with other edu-
cation improvement plans;
‘‘(3) provide an assurance that local educational
agencies receiving funds under this part will coordi-
nate the use of such funds with programs assisted
under title VII or title I;
‘‘(4) provide assurances that such payments will
be distributed among local educational agencies with-
in that State on the basis of the number of immigrant
children and youth counted with respect to each such
local educational agency under section 9204(b)(1);
‘‘(5) provide assurances that the State edu-
cational agency will not finally disapprove in whole
or in part any application for funds received under
this part without first affording the local educational
agency submitting an application for such funds rea-
sonable notice and opportunity for a hearing;
‘‘(6) provide for making such reports as the Sec-
retary may reasonably require to perform the Sec-
retary’s functions under this part;
‘‘(7) provide assurances—
‘‘(A) that to the extent consistent with the
number of immigrant children and youth en-
rolled in the elementary or secondary nonpublic
schools within the district served by a local edu-
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cational agency, such agency, after consultation
with appropriate officials of such schools, shall
provide for the benefit of such children and youth
secular, neutral, and nonideological services, ma-
terials, and equipment necessary for the edu-
cation of such children and youth;
‘‘(B) that the control of funds provided
under this part to any materials, equipment,
and property repaired, remodeled, or constructed
with those funds shall be in a public agency for
the uses and purposes provided in this part, and
a public agency shall administer such funds and
property; and
‘‘(C) that the provision of services pursuant
to this paragraph shall be provided by employees
of a public agency or through contract by such
public agency with a person, association, agency,
or corporation who or which, in the provision of
such services, is independent of such elementary
or secondary nonpublic school and of any reli-
gious organization, and such employment or con-
tract shall be under the control and supervision
of such public agency, and the funds provided
under this paragraph shall not be commingled
with State or local funds; and
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‘‘(8) provide an assurance that State and local
educational agencies receiving funds under this part
will comply with the requirements of section 1120(b).
‘‘(b) APPLICATION REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall review
all applications submitted pursuant to this section by
State educational agencies.
‘‘(2) APPROVAL.—The Secretary shall approve
any application submitted by a State educational
agency that meets the requirements of this section.
‘‘(3) DISAPPROVAL.—The Secretary shall dis-
approve any application submitted by a State edu-
cational agency which does not meet the requirements
of this section, but shall not finally disapprove an ap-
plication except after reasonable notice, provision of
technical assistance, and providing an opportunity
for a hearing to the State.
‘‘SEC. 9206. ADMINISTRATIVE PROVISIONS.
‘‘(a) NOTIFICATION OF AMOUNT.—The Secretary, not
later than June 1 of each year, shall notify each State edu-
cational agency that has an application approved under
section 9205 of the amount of such agency’s allocation
under section 9204 for the succeeding year.
‘‘(b) 
SERVICES
TO
CHILDREN
ENROLLED
IN
NONPUBLIC SCHOOLS.—If by reason of any provision of
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law a local educational agency is prohibited from providing
educational services for children enrolled in elementary and
secondary nonpublic schools, as required by section
9205(a)(7), or if the Secretary determines that a local edu-
cational agency has substantially failed or is unwilling to
provide for the participation on an equitable basis of chil-
dren enrolled in such schools, the Secretary may waive such
requirement and shall arrange for the provision of services
to such children through arrangements which shall be sub-
ject to the requirements of this part. Such waivers shall be
subject to consultation, withholding, notice, and judicial re-
view requirements in accordance with the provisions of title
I.
‘‘SEC. 9207. USES OF FUNDS.
‘‘(a) USE OF FUNDS.—Funds awarded under this part
shall be used to pay for enhanced instructional opportuni-
ties for immigrant children and youth, which may in-
clude—
‘‘(1) family literacy, parent outreach, and train-
ing activities designed to assist parents to become ac-
tive participants in the education of their children;
‘‘(2) salaries of personnel, including teacher
aides who have been specifically trained, or are being
trained, to provide services to immigrant children
and youth;
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‘‘(3) tutorials, mentoring, and academic or ca-
reer counseling for immigrant children and youth;
‘‘(4) identification and acquisition of curricular
materials, educational software, and technologies to be
used in the program;
‘‘(5) basic instructional services which are di-
rectly attributable to the presence in the school dis-
trict of immigrant children, including the costs of
providing additional classroom supplies, overhead
costs, costs of construction, acquisition or rental of
space, costs of transportation, or such other costs as
are directly attributable to such additional basic in-
structional services; and
‘‘(6) such other activities, related to the purposes
of this part, as the Secretary may authorize.
‘‘(b) CONSORTIA.—A local educational agency that re-
ceives a grant under this part may collaborate or form a
consortium with one or more local educational agencies, in-
stitutions of higher education, and nonprofit organizations
to carry out the program described in an application ap-
proved under this part.
‘‘(c) SUBGRANTS.—A local educational agency that re-
ceives a grant under this part may, with the approval of
the Secretary, make a subgrant to, or enter into a contract
with, an institution of higher education, a nonprofit orga-
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nization, or a consortium of such entities to carry out a
program described in an application approved under this
part, including a program to serve out-of-school youth.
‘‘(d) CONSTRUCTION.—Nothing in this part shall be
construed to prohibit a local educational agency from serv-
ing immigrant children simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
‘‘SEC. 9208. REPORTS.
‘‘(a) BIENNIAL REPORT.—Each State educational
agency receiving funds under this part shall submit, once
every 2 years, a report to the Secretary concerning the ex-
penditure of funds by local educational agencies under this
part. Each local educational agency receiving funds under
this part shall submit to the State educational agency such
information as the State educational agency determines
may be necessary for such report.
‘‘(b) REPORT TO CONGRESS.—The Secretary shall sub-
mit, once every 2 years, a report to the appropriate commit-
tees of the Congress concerning programs assisted under this
part in accordance with section 10701.
‘‘SEC. 9209. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $150,000,000 for fiscal year
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1995, and such sums as may be necessary for each of the
4 succeeding fiscal years.
‘‘SEC. 9210. COMMUNICATIONS BETWEEN FEDERALLY FUND-
ED GOVERNMENT AGENCIES AND THE IMMI-
GRATION AND NATURALIZATION SERVICE.
‘‘Notwithstanding any other provision of law, no Fed-
eral, State, or local government entity receiving Federal
funds shall be prohibited or in any way restricted from
communicating with the Immigration and Naturalization
Service regarding the immigration status, legal or illegal,
of an alien in the United States.
‘‘PART C—NATIVE HAWAIIAN EDUCATION
‘‘SEC. 9301. SHORT TITLE.
‘‘This part may be cited as the ‘Native Hawaiian Edu-
cation Act’.
‘‘SEC. 9302. FINDINGS.
‘‘The Congress finds and declares as follows:
‘‘(1) Native Hawaiians are a distinct and
unique indigenous people with a historical continuity
to the original inhabitants of the Hawaiian archipel-
ago, whose society was organized as a nation and
internationally recognized as such by the United
States, Britain, France and Japan, as evidenced by
treaties governing friendship, commerce, and naviga-
tion.
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‘‘(2) At the time of the arrival of the first non-
indigenous people in Hawai‘i in 1778, the Native
Hawaiian people lived in a highly organized, self-suf-
ficient subsistence social system based on a communal
land tenure system with a sophisticated language,
culture, and religion.
‘‘(3) From 1826 until 1893, the United States
recognized the sovereignty and independence of the
Kingdom of Hawai‘i, which was established in 1810
under Kamehameha I, extended full and complete
diplomatic recognition to the Kingdom of Hawai‘i,
and entered into treaties and conventions with the
Kingdom of Hawai‘i to govern friendship, commerce
and navigation in 1826, 1842, 1849, 1875, and 1887.
‘‘(4) In 1893, the sovereign, independent, inter-
nationally recognized, and indigenous government of
Hawai‘i, the Kingdom of Hawai‘i, was overthrown by
a small group of non-Hawaiians, including United
States citizens, who were assisted in their efforts by
the United States Minister, a United States naval
representative, and armed naval forces of the United
States. Because of the participation of United States
agents and citizens in the overthrow of the Kingdom
of Hawai‘i, the Congress, on behalf of the people of the
United States, apologized to Native Hawaiians for
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the overthrow and the deprivation of the rights of Na-
tive Hawaiians to self-determination through Public
Law 103–150 (107 Stat. 1510).
‘‘(5) In 1898, the joint resolution entitled ‘A
Joint Resolution to provide for annexing the Hawai-
ian Islands to the United States’, approved July 7,
1898 (30 Stat. 750), ceded absolute title of all lands
held by the Republic of Hawai‘i, including the gov-
ernment and crown lands of the former Kingdom of
Hawai‘i, to the United States, but mandated that rev-
enue generated from these lands be used ‘solely for the
benefit of the inhabitants of the Hawaiian Islands for
educational and other public purposes’.
‘‘(6) By 1919, the Native Hawaiian population
had declined from an estimated 1,000,000 in 1778 to
an alarming 22,600, and in recognition of this severe
decline, the Congress in 1921 enacted the Hawaiian
Homes Commission Act, 1920, which designated ap-
proximately 200,000 acres of ceded public lands for
homesteading by Native Hawaiians.
‘‘(7) Through the enactment of the Hawaiian
Homes Commission Act, 1920, the Congress affirmed
the special relationship between the United States and
the Native Hawaiians, as expressed by then Secretary
of the Interior Franklin K. Lane, who was quoted in
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the committee report for the Hawaiian Homes Com-
mission Act, 1920, as saying: ‘One thing that im-
pressed me . . . was the fact that the natives of the
island who are our wards, I should say, and for
whom in a sense we are trustees, are falling off rap-
idly in numbers and many of them are in poverty.’.
‘‘(8) In 1959, under the Act entitled ‘An Act to
provide for the admission of the State of Hawaii into
the Union’, approved March 18, 1959 (73 Stat. 4),
the United States transferred responsibility for the
administration of the Hawaiian Home Lands to the
State of Hawai‘i but reaffirmed the special relation-
ship which existed between the United States and the
Hawaiian people by retaining the exclusive power to
enforce the trust, including the power to approve land
exchanges and legislative amendments affecting the
rights of beneficiaries under such Act.
‘‘(9) In 1959, under the Act entitled ‘An Act to
provide for the admission of the State of Hawaii into
the Union’, approved March 18, 1959 (73 Stat. 4),
the United States ceded to the State of Hawai‘i title
to the public lands formerly held by the United
States, but mandated that such lands be held by the
State ‘in public trust’ and reaffirmed the special rela-
tionship which existed between the United States and
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the Hawaiian people by retaining the legal respon-
sibility to enforce the public trust responsibility of the
State of Hawai‘i for the betterment of the conditions
of Native Hawaiians, as defined in section 201(a) of
the Hawaiian Homes Commission Act, 1920.
‘‘(10) The United States assumed special respon-
sibilities for Native Hawaiian lands and resources at
the time of the annexation of the Territory in 1898,
upon adoption of the Hawaiian Homes Commission
Act, 1920, and upon admission of the State of
Hawai‘i into the Union in 1959, and has retained
certain of those responsibilities.
‘‘(11) In recognition of the special relationship
which exists between the United States and the Native
Hawaiian people, the Congress has extended to Native
Hawaiians the same rights and privileges accorded to
American Indian, Alaska Native, Eskimo, and Aleut
communities under the Native American Programs
Act of 1974, the American Indian Religious Freedom
Act, the National Museum of the American Indian
Act, the Native American Graves Protection and Re-
patriation Act, the National Historic Preservation
Act, and the Native American Languages Act.
‘‘(12) In recognition of the special relationship
which exists between the United States and the Native
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Hawaiian people, the Congress has enacted numerous
special provisions of law for the benefit of Native Ha-
waiians in the areas of health, education, labor, and
housing.
‘‘(13) In 1981, the Senate instructed the Office
of Education to submit to the Congress a comprehen-
sive report on Native Hawaiian education. The re-
port, entitled the ‘Native Hawaiian Educational As-
sessment Project’, was released in 1983 and docu-
mented that Native Hawaiians scored below parity
with national norms on standardized achievement
tests, were disproportionately represented in many
negative social and physical statistics, indicative of
special educational needs, and had educational needs
which were related to their unique cultural situation,
such as different learning styles and low self-image.
‘‘(14) In recognition of the educational needs of
Native Hawaiians, in 1988, the Congress enacted title
IV of the Augustus F. Hawkins-Robert T. Stafford El-
ementary 
and 
Secondary 
School 
Improvement
Amendments of 1988 to authorize and develop supple-
mental educational programs to benefit Native Ha-
waiians.
‘‘(15) In 1993, the Kamehameha Schools Bishop
Estate released a ten-year update of the Native Ha-
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waiian Educational Assessment Project, which found
that despite the successes of the programs established
under title IV of the Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Improve-
ment Amendments of 1988, many of the same edu-
cational needs still exist for Native Hawaiians. For
example—
‘‘(A) educational risk factors continue to
start even before birth for many Native Hawai-
ian children, including—
‘‘(i) late or no prenatal care;
‘‘(ii) half of Native Hawaiian women
who give birth are unmarried; and
‘‘(iii) high rates of births to teenage
parents;
‘‘(B) Native Hawaiian students continue to
begin their school experience lagging behind other
students in terms of readiness factors such as vo-
cabulary test scores;
‘‘(C) Native Hawaiian students continue to
score below national norms on standardized edu-
cation achievement tests at all grade levels;
‘‘(D) both public and private schools con-
tinue to show a pattern of lower percentages of
Native Hawaiian students in the uppermost
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achievement levels and in gifted and talented
programs;
‘‘(E) Native Hawaiian students continue to
be overrepresented among students qualifying for
special education programs provided to students
with learning disabilities, mild mental retarda-
tion, emotional impairment, and other such dis-
abilities;
‘‘(F) Native Hawaiians continue to be
underrepresented in institutions of higher edu-
cation and among adults who have completed
four or more years of college;
‘‘(G) Native Hawaiians continue to be dis-
proportionately represented in many negative so-
cial and physical statistics, indicative of special
educational needs, for example—
‘‘(i) Native Hawaiian students are
more likely to be retained in grade level and
to be excessively absent in secondary school;
‘‘(ii) Native Hawaiian students are the
highest users of drugs and alcohol; and
‘‘(iii) Native Hawaiian children con-
tinue to be disproportionately victimized by
child abuse and neglect; and
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‘‘(H) Native Hawaiians now comprise over
23 percent of the students served by the State of
Hawai‘i Department of Education and there are
and will continue to be geographically rural, iso-
lated areas with a high Native Hawaiian popu-
lation density.
‘‘(16) The findings described in paragraphs (1)
through (15) are contrary to the high rate of literacy
and integration of traditional culture and Western
education achieved by Native Hawaiians through a
Hawaiian language-based public school system estab-
lished in 1840 by Kamehameha III.
‘‘(17) After the overthrow of the Kingdom of
Hawai‘i in 1893, Hawaiian medium schools were
banned. After annexation, throughout the territorial
and statehood period, and until 1986, use of Hawai-
ian as a medium of education in public schools was
declared unlawful, thereby causing incalculable harm
to a culture that placed a very high value on the
power of language, as exemplified in the traditional
saying: ‘I ka ‘o¯lelo no ke ola; I ka ‘o¯lelo no ka make.
In the language rests life; In the language rests
death.’.
‘‘(18) Despite the consequences of over 100 years
of nonindigenous influence, the Native Hawaiian peo-
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ple are determined to preserve, develop, and transmit
to future generations their ancestral territory, and
their cultural identity in accordance with their own
spiritual and traditional beliefs, customs, practices,
language, and social institutions.
‘‘(19) The State of Hawai‘i, in the constitution
and statutes of the State of Hawai‘i—
‘‘(A) acknowledges the distinct land rights
of Native Hawaiian people as beneficiaries of the
public lands trust;
‘‘(B) reaffirms and protects the unique right
of the Native Hawaiian people to practice and
perpetuate their culture and religious customs,
beliefs, practices, and language; and
‘‘(C) recognizes the traditional language of
the Native Hawaiian people as an official lan-
guage of the State of Hawai‘i, which may be
used as the language of instruction for all sub-
jects and grades in the public school system.
‘‘(20) It continues to be the policy of the Federal
Government to encourage the maximum participation
of Native Hawaiians in planning and management of
Native Hawaiian education programs.
‘‘SEC. 9303. PURPOSE.
‘‘It is the purpose of this part to—
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‘‘(1) authorize and develop supplemental edu-
cational programs to benefit Native Hawaiians;
‘‘(2) provide direction and guidance to appro-
priate Federal, State, and local agencies to focus re-
sources, including resources made available under this
part, on Native Hawaiian education, through the es-
tablishment of a Native Hawaiian Education Coun-
cil, and five island councils; and
‘‘(3) supplement and expand existing programs
and authorities in the area of Native Hawaiian edu-
cation to further such purposes.
‘‘SEC. 9304. NATIVE HAWAIIAN CURRICULUM DEVELOP-
MENT, TEACHER TRAINING AND RECRUIT-
MENT PROGRAM.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make direct grants, to Native Hawaiian educational
organizations or educational entities with experience in de-
veloping or operating Native Hawaiian programs or pro-
grams of instruction conducted in the Native Hawaiian
language, for the following purposes:
‘‘(1) CURRICULA.—The development of curricula
to address the needs of Native Hawaiian students,
particularly elementary and secondary school stu-
dents, which may include programs of instruction
conducted in the Native Hawaiian language, and
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mathematics and science curricula incorporating the
relevant application of Native Hawaiian culture and
traditions.
‘‘(2) PRETEACHER TRAINING.—The development
and implementation of preteacher training programs
in order to ensure that student teachers within the
State of Hawai‘i, particularly student teachers who
are likely to be employed in schools with a high con-
centration of Native Hawaiian students, are prepared
to better address the unique needs of Native Hawai-
ian students, within the context of Native Hawaiian
culture, language and traditions.
‘‘(3) INSERVICE TEACHER TRAINING.—The devel-
opment and implementation of inservice teacher
training programs, in order to ensure that teachers,
particularly teachers employed in schools with a high
concentration of Native Hawaiian students, are pre-
pared to better address the unique needs of Native
Hawaiian students, within the context of Native Ha-
waiian culture, language and traditions.
‘‘(4) TEACHER RECRUITMENT.—The development
and implementation of teacher recruitment programs
to meet the objectives of—
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‘‘(A) enhancing teacher recruitment within
communities with a high concentration of Native
Hawaiian students; and
‘‘(B) increasing the numbers of teachers who
are of Native Hawaiian ancestry.
‘‘(b) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to awarding grants
for activities described in subsection (a) that focus on the
needs of at-risk youth or that employ a program of instruc-
tion conducted in the Native Hawaiian language.
‘‘(c) ADMINISTRATIVE COSTS.—Not more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $2,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
4 succeeding fiscal years, to carry out this section. Funds
appropriated under the authority of this subsection shall
remain available until expended.
‘‘SEC. 9305. NATIVE HAWAIIAN COMMUNITY-BASED EDU-
CATION LEARNING CENTERS.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make direct grants, to collaborative efforts between
community-based Native Hawaiian organizations and com-
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munity colleges, to develop, establish, and operate a mini-
mum of three community-based education learning centers.
‘‘(b) PURPOSE.—The learning centers described in sub-
section (a) shall meet the needs of families and communities
through interdepartmental and interagency coordination of
new and existing public and private programs and services,
which may include—
‘‘(1) preschool programs;
‘‘(2) after-school programs; and
‘‘(3) vocational and adult education programs.
‘‘(c) ADMINISTRATIVE COSTS.—Not more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $1,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
4 succeeding fiscal years, to carry out this section. Funds
appropriated under the authority of this subsection shall
remain available until expended.
‘‘SEC. 9306. NATIVE HAWAIIAN FAMILY-BASED EDUCATION
CENTERS.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make direct grants, to Native Hawaiian educational
organizations or educational entities with experience in de-
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veloping or operating Native Hawaiian programs or pro-
grams of instruction conducted in the Native Hawaiian
language, to expand the operation of Family-Based Edu-
cation Centers throughout the Hawaiian Islands. The pro-
grams of such centers may be conducted in the Hawaiian
language, the English language, or a combination thereof,
and shall include—
‘‘(1) 
parent-infant 
programs 
for 
prenatal
through three-year-olds;
‘‘(2) preschool programs for four- and five-year-
olds;
‘‘(3) continued research and development; and
‘‘(4) a long-term followup and assessment pro-
gram.
‘‘(b) ADMINISTRATIVE COSTS.—Not more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other amount authorized to be appropriated for
the centers described in subsection (a), there are authorized
to be appropriated $6,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the 4 succeeding
fiscal years, to carry out this section. Funds appropriated
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under the authority of this subsection shall remain avail-
able until expended.
‘‘SEC. 9307. NATIVE HAWAIIAN HIGHER EDUCATION PRO-
GRAM.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to make direct grants, to Native Hawaiian edu-
cational organizations or educational entities with ex-
perience in developing or operating Native Hawaiian
programs or programs of instruction conducted in the
Native Hawaiian language, to enable such organiza-
tions or entities to provide a program of bacca-
laureate and post-baccalaureate fellowship assistance
to Native Hawaiian students.
‘‘(2) MANDATORY
ACTIVITIES.—Such program
shall include—
‘‘(A) full or partial fellowship support for
Native Hawaiian students enrolled at two- or
four-year degree granting institutions of higher
education with fellowship awards to be based on
academic potential and financial need; and
‘‘(B) full or partial fellowship support for
Native Hawaiian students enrolled at post-bac-
calaureate degree granting institutions of higher
education with priority given to providing fel-
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HR 6 EAS
lowship support for professions in which Native
Hawaiians are underrepresented and with fel-
lowship awards to be based on academic poten-
tial and financial need;
‘‘(3) PERMITTED
ACTIVITIES.—Such program
may also include—
‘‘(A) counseling and support services for
students receiving fellowship assistance under
paragraph (1);
‘‘(B) college preparation and guidance
counseling at the secondary school level for stu-
dents who may be eligible for fellowship support
pursuant to subsection (a)(2)(A);
‘‘(C) appropriate research and evaluation of
the activities authorized by this section; and
‘‘(D) implementation of faculty development
programs for the improvement and matricula-
tion of Native Hawaiian students.
‘‘(b) SPECIAL CONDITIONS REQUIRED.—For the pur-
pose of fellowships awarded under subsection (a), fellowship
conditions shall be established whereby fellowship recipients
obtain an enforceable contract obligation to provide their
professional services, either during the fellowship period or
upon completion of a baccalaureate or post-baccalaureate
degree program, to the Native Hawaiian community.
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‘‘(c) ADMINISTRATIVE COSTS.—Not more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $2,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
4 succeeding fiscal years, to carry out this section. Funds
appropriated under the authority of this subsection shall
remain available until expended.
‘‘SEC. 9308. NATIVE HAWAIIAN GIFTED AND TALENTED PRO-
GRAM.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make a grant, to a Native Hawaiian educational
organization or an educational entity with experience in
developing or operating Native Hawaiian programs or pro-
grams of instruction conducted in the Native Hawaiian
language, for a gifted and talented program designed to—
‘‘(1) address the special needs of Native Hawai-
ian elementary and secondary school students who are
gifted and talented students; and
‘‘(2) provide those support services to the fami-
lies of such students that are needed to enable such
students to benefit from the program.
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‘‘(b) USES OF FUNDS.—The program funded under
this section may include—
‘‘(1) the identification of the special needs of Na-
tive Hawaiian gifted and talented students, particu-
larly with respect to—
‘‘(A) the emotional and psychosocial needs
of such students; and
‘‘(B) the provision of those support services
to the families of such students that are needed
to enable such students to benefit from the pro-
gram;
‘‘(2) the conduct of educational, psychosocial,
and developmental activities which hold reasonable
promise of resulting in substantial progress toward
meeting the educational needs of such students, in-
cluding demonstrating and exploring the use of the
Native Hawaiian language and exposure to Native
Hawaiian cultural traditions;
‘‘(3) leadership programs designed to—
‘‘(A) replicate programs throughout the
State of Hawai‘i for gifted and talented students
who are not served under this section; and
‘‘(B) coordinate with other Native American
gifted and talented leadership programs, includ-
ing the dissemination of information derived
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from the program conducted under this section;
and
‘‘(4) appropriate research, evaluation, and relat-
ed activities pertaining to—
‘‘(A) the needs of such students; and
‘‘(B) the provision of those support services
to the families of such students that are needed
to enable such students to benefit from the pro-
gram.
‘‘(c) ADMINISTRATIVE COSTS.—Not more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other amount authorized to be appropriated for
the program described in this section, there are authorized
to be appropriated $1,500,000 for fiscal year 1995, and
such sums as may be necessary for each of the 4 succeeding
fiscal years, to carry out this section. Funds appropriated
under the authority of this subsection shall remain avail-
able until expended.
‘‘SEC. 9309. NATIVE HAWAIIAN SPECIAL EDUCATION PRO-
GRAM.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make grants to, or enter into contracts with, Native
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Hawaiian educational organizations or educational entities
with experience in developing or operating Native Hawai-
ian programs or programs of instruction conducted in the
Native Hawaiian language, to operate a program to ad-
dress the special education needs of Native Hawaiian stu-
dents. Such program may include—
‘‘(1) the identification of Native Hawaiian stu-
dents with learning disabilities, mental or physical
disabilities, emotional impairments, or who are other-
wise in need of special educational services;
‘‘(2) the identification of the special education
needs of such students, particularly with respect to—
‘‘(A) the emotional and psychosocial needs
of such students; and
‘‘(B) the provision of those support services
to the families of such students that are needed
to enable such students to benefit from the pro-
gram;
‘‘(3) the conduct of educational activities consist-
ent with part B of the Education of Individuals with
Disabilities Education Act which hold reasonable
promise of resulting in substantial progress toward
meeting the educational needs of such students;
‘‘(4) the conduct of educational, psychosocial,
and developmental activities which hold reasonable
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promise of resulting in substantial progress toward
meeting the educational needs of such students, in-
cluding demonstrating and exploring the use of the
Native Hawaiian language and exposure to Native
Hawaiian cultural traditions; and
‘‘(5) appropriate research, evaluation, and relat-
ed activities pertaining to—
‘‘(A) the needs of such students;
‘‘(B) the provision of those support services
to the families of such students that are needed
to enable such student to benefit from the pro-
gram; and
‘‘(C) the outcomes and benefits of activities
assisted under this section upon such students.
‘‘(b) ADMINISTRATIVE COSTS.—Not more than 7 per-
cent of the funds appropriated to carry out the provisions
of this section for any fiscal year may be used for adminis-
trative purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other amount authorized to be appropriated for
the program described in this section, there are authorized
to be appropriated $2,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the 4 succeeding
fiscal years, to carry out this section. Funds appropriated
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under the authority of this subsection shall remain avail-
able until expended.
‘‘SEC. 9310. NATIVE HAWAIIAN EDUCATION COUNCIL AND
ISLAND COUNCILS.
‘‘(a) ESTABLISHMENT
OF NATIVE HAWAIIAN EDU-
CATION COUNCIL.—In order to better effectuate the purposes
of this part through the coordination of educational and
related services and programs available to Native Hawai-
ians, including those programs receiving funding under this
part, the Secretary is authorized to establish a Native Ha-
waiian Education Council (hereafter in this part referred
to as the ‘Education Council’).
‘‘(b) COMPOSITION
OF EDUCATION COUNCIL.—The
Education Council shall consist of not more than 25 mem-
bers, including a representative of—
‘‘(1) each recipient of funds from the Secretary
under this part;
‘‘(2) the State of Hawai‘i Department of Edu-
cation;
‘‘(3) the State of Hawai‘i Office of Hawaiian Af-
fairs;
‘‘(4) Native Hawaiian educational organiza-
tions, such as Alu Like, Inc., Kamehameha Schools
Bishop Estate, Hawaiian Language Immersion Advi-
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sory Council, Aha Punana Leo, and the Queen
Lili‘uokalani Trust and Children’s Center; and
‘‘(5) each Native Hawaiian education island
council established under subsection (f).
‘‘(c) CONDITIONS AND TERMS.—At least three-fourths
of the members of the Education Council shall be Native
Hawaiians. Members of the Education Council shall be ap-
pointed for three-year terms.
‘‘(d) ADMINISTRATIVE GRANT FOR THE EDUCATION
COUNCIL.—The Secretary shall make a direct grant to the
Education Council in order to enable the Education Coun-
cil to—
‘‘(1) coordinate the educational and related serv-
ices and programs available to Native Hawaiians, in-
cluding the programs assisted under this part, and
assess the extent to which such services and programs
meet the needs of Native Hawaiians; and
‘‘(2) provide direction and guidance, through the
issuance of reports and recommendations, to appro-
priate Federal, State, and local agencies in order to
focus and improve the use of resources, including re-
sources made available under this part, on Native
Hawaiian education.
‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION COUN-
CIL.—
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‘‘(1) IN GENERAL.—The Education Council shall
provide copies of any reports and recommendations
issued by the Education Council to the Secretary, the
Committee on Indian Affairs of the Senate, and the
Committee on Education and Labor of the House of
Representatives, including any information that the
Education Council provides to the Secretary pursuant
to subsection (i)(1).
‘‘(2) ANNUAL REPORT.—The Education Council
shall present to the Secretary an annual report on the
Education Council’s activities.
‘‘(3) ISLAND
COUNCIL
SUPPORT
AND
ASSIST-
ANCE.—The Education Council shall provide such ad-
ministrative support and financial assistance to the
island councils established pursuant to subsection (f)
as the Secretary deems appropriate.
‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—
‘‘(1) IN GENERAL.—In order to better effectuate
the purposes of this part and to ensure the adequate
representation of island and community interests
within the Education Council, the Office of Hawaiian
Affairs of the State of Hawai‘i is authorized to facili-
tate the establishment of Native Hawaiian education
island councils (hereafter in this part referred to as
‘island councils’) for the following islands:
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‘‘(A) Hawai‘i.
‘‘(B) Maui and Lana‘i.
‘‘(C) Moloka‘i.
‘‘(D) Kaua‘i and Ni‘ihau.
‘‘(E) O‘ahu.
‘‘(2) COMPOSITION OF ISLAND COUNCILS.—Each
island council shall consist of parents, students, and
other community members who have an interest in
the education of Native Hawaiians, and shall be rep-
resentative of the educational needs of all age groups,
from preschool through adulthood. At least three-
fourths of the members of each island council shall be
Native Hawaiians
‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO EDU-
CATION COUNCIL AND ISLAND COUNCILS.—The Education
Council and each island council shall meet at the call of
the chairperson of the respective council, or upon the request
of the majority of the members of the respective council, but
in any event not less than four times during each calendar
year. The provisions of the Federal Advisory Committee Act
shall not apply to the Education Council and each island
council.
‘‘(h) COMPENSATION.—Members of the Education
Council and each island council shall not receive any com-
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pensation for services on the Education Council and each
island council, respectively.
‘‘(i) REPORT.—Not later than four years after the date
of the enactment of the Improving America’s Schools Act
of 1994, the Secretary shall prepare and submit to the Com-
mittee on Indian Affairs of the Senate, and the Committee
on Education and Labor of the House of Representatives,
a report which summarizes the annual reports of the Edu-
cation Council, describes the allocation and utilization of
funds under this part, and contains recommendations for
changes in Federal, State, and local policy to advance the
purposes of this part.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $500,000 for fiscal year 1995,
and such sums as may be necessary for each of the 4 suc-
ceeding fiscal years, to carry out this section. Funds appro-
priated under the authority of this subsection shall remain
available until expended.
‘‘SEC. 9311. ADMINISTRATIVE PROVISIONS.
‘‘(a) APPLICATION REQUIRED.—No grant may be
made under this part, nor any contract be entered into
under this part, unless an application is submitted to the
Secretary in such form, in such manner, and containing
such information as the Secretary may determine necessary
to carry out the provisions of this part.
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‘‘(b) SPECIAL RULE.—Each application submitted
under this part shall be accompanied by the comments of
each local educational agency serving students who will
participate in the program for which assistance is sought.
‘‘SEC. 9312. DEFINITIONS.
‘‘For the purposes of this part—
‘‘(1) the term ‘Native Hawaiian’ means any in-
dividual who is a descendant of the aboriginal people,
who prior to 1778, occupied and exercised sovereignty
in the area that now comprises the State of Hawai‘i,
as evidenced by—
‘‘(A) genealogical records;
‘‘(B) Ku¯puna (elders) or Kama‘a¯ina (long-
term community residents) verification; or
‘‘(C) certified birth records;
‘‘(2) the term ‘Native Hawaiian educational or-
ganization’ means a private nonprofit organization
that—
‘‘(A) serves the interests of Native Hawai-
ians;
‘‘(B) has a demonstrated expertise in the
education of Native Hawaiians; and
‘‘(C) has Native Hawaiians in substantive
and policymaking positions within the organiza-
tion;
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‘‘(3) the term ‘Native Hawaiian language’ means
the single Native American language indigenous to
the original inhabitants of the State of Hawai‘i;
‘‘(4) the term ‘Office of Hawaiian Affairs’ means
the Office of Hawaiian Affairs established by the Con-
stitution of the State of Hawai‘i; and
‘‘(5) the term ‘Native Hawaiian community-
based organization’ means any organization which is
composed primarily of Native Hawaiians from a spe-
cific community and which assists in the social, cul-
tural and educational development of Native Hawai-
ians in that community.
‘‘PART D—TERRITORIAL ASSISTANCE
‘‘SEC. 9401. GENERAL ASSISTANCE FOR THE VIRGIN IS-
LANDS.
‘‘There are authorized to be appropriated $5,000,000
for fiscal year 1995 and for each of the 4 succeeding fiscal
years, for the purpose of providing general assistance to im-
prove public education in the Virgin Islands.
‘‘TITLE X—GENERAL
PROVISIONS
‘‘PART A—DEFINITIONS
‘‘SEC. 10101. DEFINITIONS.
‘‘Except as otherwise provided, for the purposes of this
Act, the following terms have the following meanings:
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‘‘(1) AVERAGE DAILY ATTENDANCE.—(A) Except
as provided otherwise by State law or this paragraph,
the term ‘average daily attendance’ means—
‘‘(i) the aggregate number of days of attend-
ance of all students during a school year; divided
by
‘‘(ii) the number of days school is in session
during such school year.
‘‘(B) The Secretary shall permit the conversion
of average daily membership (or other similar data)
to average daily attendance for local educational
agencies in States that provide State aid to local edu-
cational agencies on the basis of average daily mem-
bership or such other data.
‘‘(C) If the local educational agency in which a
child resides makes a tuition or other payment for the
free public education of the child in a school located
in another school district, the Secretary shall, for pur-
poses of this Act—
‘‘(i) consider the child to be in attendance
at a school of the agency making such payment;
and
‘‘(ii) not consider the child to be in attend-
ance at a school of the agency receiving such
payment.
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‘‘(D) If a local educational agency makes a tui-
tion payment to a private school or to a public school
of another local educational agency for a child with
disabilities, as defined in section 602(a)(1) of the In-
dividuals with Disabilities Education Act, the Sec-
retary shall, for the purposes of this Act, consider
such child to be in attendance at a school of the agen-
cy making such payment.
‘‘(2) AVERAGE
PER-PUPIL
EXPENDITURE.—The
term ‘average per-pupil expenditure’ means, in the
case of a State or of the United States—
‘‘(A) without regard to the source of
funds—
‘‘(i) the aggregate current expenditures,
during the third preceding fiscal year (or, if
satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies
in the State or, in the case of the United
States for all States (which, for the purpose
of this paragraph, means the 50 States and
the District of Columbia); plus
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‘‘(ii) any direct current expenditures
by the State for operation of such agencies;
divided by
‘‘(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such pre-
ceding year.
‘‘(3) CHARTER
SCHOOL.—The term ‘charter
school’ means a public school operated under public
supervision and direction, that is nonsectarian, pro-
vides elementary or secondary education, or both, does
not change tuition, and complies with relevant Fed-
eral education laws.
‘‘(4) CHILD.—The term ‘child’ means any person
within the age limits for which the applicable State
provides free public education.
‘‘(5) COMMUNITY-BASED
ORGANIZATION.—The
term ‘community-based organization’ means a public
or private nonprofit organization of demonstrated ef-
fectiveness that—
‘‘(A) is representative of a community or
significant segments of a community; and
‘‘(B) provides educational or related services
to individuals in the community.
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‘‘(6) CONSOLIDATED STATE APPLICATION.—The
term ‘consolidated State application’ means an appli-
cation submitted by a State educational agency pur-
suant to section 10302.
‘‘(7) COUNTY.—The term ‘county’ means one of
those divisions of a State used by the Secretary of
Commerce in compiling and reporting data regarding
counties.
‘‘(8) COVERED
PROGRAM.—The term ‘covered
program’ means each of the programs authorized
by—
‘‘(A) part A of title I;
‘‘(B) part D of title I;
‘‘(C) part A of title II (other than section
2114);
‘‘(D) subpart 1 of part A of title V (other
than section 5114);
‘‘(E) subpart 2 of part A of title III; and
‘‘(F) title XIII.
‘‘(9) CURRENT EXPENDITURES.—The term ‘cur-
rent expenditures’ means expenditures for free public
education—
‘‘(A) including expenditures for administra-
tion, instruction, attendance and health services,
pupil transportation services, operation and
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maintenance of plant, fixed charges, and net ex-
penditures to cover deficits for food services and
student body activities; but
‘‘(B) not including expenditures for commu-
nity services, capital outlay, and debt service, or
any expenditures made from funds received
under title I, part A of title II, and title XIII.
‘‘(10) DEPARTMENT.—The term ‘Department’
means the Department of Education.
‘‘(11) EDUCATIONAL
SERVICE
AGENCY.—The
term ‘educational service agency’ means regional pub-
lic multiservice agencies authorized by State statute
to develop, manage, and provide services or programs
to local educational agencies.
‘‘(12) ELEMENTARY SCHOOL.—The term ‘elemen-
tary school’ means a day or residential school that
provides elementary education, as determined under
State law.
‘‘(13) FREE PUBLIC EDUCATION.—The term ‘free
public education’ means education that is provided—
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge;
and
‘‘(B) as elementary or secondary school edu-
cation as determined under applicable State law,
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except that such term does not include any edu-
cation provided beyond grade 12.
‘‘(14) GIFTED AND TALENTED.—The term ‘gifted
and talented’, when used with respect to students,
children or youth, means students, children or youth
who give evidence of high performance capability in
areas such as intellectual, creative, artistic, or leader-
ship capacity, or in specific academic fields, and who
require services or activities not ordinarily provided
by the school in order to fully develop such capabili-
ties.
‘‘(15) INSTITUTION
OF
HIGHER
EDUCATION.—
The term ‘institution of higher education’ has the
meaning given that term in section 1201 of the High-
er Education Act of 1965.
‘‘(16) 
INTEROPERABLE
AND
INTEROPER-
ABILITY.—The terms ‘interoperable’ and ‘interoper-
ability’ refer to the ability to easily exchange data
with, and connect to, other hardware and software in
order to provide the greatest accessibility to such data
for all students.
‘‘(17) LOCAL
EDUCATIONAL
AGENCY.—(A) The
term ‘local educational agency’ means a public board
of education or other public authority legally con-
stituted within a State for either administrative con-
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trol or direction of, or to perform a service function
for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of
school districts or counties as are recognized in a
State as an administrative agency for its public ele-
mentary or secondary schools.
‘‘(B) The term includes any other public institu-
tion or agency having administrative control and di-
rection of a public elementary or secondary school.
‘‘(C) The term includes an elementary or second-
ary school funded by the Bureau of Indian Affairs but
only to the extent that such inclusion makes such
school eligible for programs for which specific eligi-
bility is not provided to such school in another provi-
sion of law, except that such school shall not be sub-
ject to the jurisdiction of any State educational agen-
cy other than the Bureau of Indian Affairs.
‘‘(18) OTHER
STAFF.—The term ‘other staff’
means pupil services personnel, librarians, career
guidance and counseling personnel, education aides,
and other instructional and administrative personnel.
‘‘(19) OUTLYING
AREA.—The term ‘outlying
area’ means the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
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Islands, the Republic of the Marshall Islands, the Fed-
erated States of Micronesia, and Palau.
‘‘(20) PARENT.—The term ‘parent’ includes a
legal guardian or other person standing in loco
parentis.
‘‘(21) PUBLIC
TELECOMMUNICATION
ENTITY.—
The term ‘public telecommunication entity’ has the
same meaning given to such term in section 397(12)
of the Communications Act of 1934.
‘‘(22) PUPIL SERVICES PERSONNEL; PUPIL SERV-
ICES.—
‘‘(A) The term ‘pupil services personnel’
means school counselors, school social workers,
school psychologists, and other qualified profes-
sional personnel involved in providing assess-
ment, diagnosis, counseling, educational, thera-
peutic, and other necessary services (including
related services as such term is defined in section
602 of the Individuals with Disabilities Edu-
cation Act) as part of a comprehensive program
to meet student needs.
‘‘(B) The term ‘pupil services’ means the
services provided by pupil services personnel.
‘‘(23) SECONDARY SCHOOL.—The term ‘second-
ary school’ means a day or residential school that
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provides secondary education, as determined under
State law, except that such term does not include any
education beyond grade 12.
‘‘(24) SECRETARY.—The term ‘Secretary’ means
the Secretary of Education.
‘‘(25) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, the Common-
wealth of Puerto Rico, and each of the outlying areas.
‘‘(26) STATE EDUCATIONAL AGENCY.—The term
‘State educational agency’ means the agency pri-
marily responsible for the State supervision of public
elementary and secondary schools.
‘‘(27) 
TECHNOLOGY.—The 
term 
‘technology’
means the latest state-of-the-art technology products
and services, such as closed circuit television systems,
educational television or radio programs and services,
cable television, satellite, copper and audio laser and
CD–ROM disks, video and audio tapes, including
interactive forms of such products and services, or
other technologies.
‘‘SEC. 10102. APPLICABILITY OF THIS TITLE.
‘‘Parts B through F of this title do not apply to part
A of title IX.
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‘‘PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
‘‘SEC. 10201. CONSOLIDATION OF STATE ADMINISTRATIVE
FUNDS FOR ELEMENTARY AND SECONDARY
EDUCATION PROGRAMS.
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
may consolidate the amounts specifically made avail-
able to such agency for State administration under
one or more of the programs specified under para-
graph (2).
‘‘(2) APPLICABILITY.—This section applies to
programs under title I, those covered programs de-
scribed in subparagraphs (C), (D), (E), and (F) of
section 10101(7), and administrative funds under sec-
tion 308(c) of the Goals 2000: Educate America Act.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency
shall use the amount available under this section for
the administration of the programs included in the
consolidation under subsection (a).
‘‘(2) ADDITIONAL
USES.—A State educational
agency may also use funds available under this sec-
tion for administrative activities designed to enhance
the effective and coordinated use of funds under the
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programs included in the consolidation under sub-
section (a), such as—
‘‘(A) the coordination of such programs
with other Federal and non-Federal programs;
‘‘(B) the establishment and operation of
peer-review mechanisms under this Act;
‘‘(C) the administration of this title;
‘‘(D) the dissemination of information re-
garding model programs and practices; and
‘‘(E) technical assistance under programs
specified in subsection (a)(2).
‘‘(c) RECORDS.—A State educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual program,
to account for costs relating to the administration of pro-
grams included in the consolidation under subsection (a).
‘‘(d) REVIEW.—To determine the effectiveness of State
administration under this section, the Secretary may peri-
odically review the performance of State educational agen-
cies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appro-
priate to ensure the effectiveness of such administration.
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State
educational agency does not use all of the funds available
to such agency under this section for administration, such
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agency may use such funds during the applicable period
of availability as funds available under one or more pro-
grams included in the consolidation under subsection (a).
‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND
ASSESSMENT DEVELOPMENT.—In order to develop State
content standards, State student performance standards, or
assessments, a State educational agency may consolidate
the amounts made available to such agency for such pur-
poses under title I of this Act and title III of the Goals
2000: Educate America Act.
‘‘SEC. 10202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
‘‘A State educational agency that also serves as a local
educational agency, in such agency’s applications or State
plans under this Act, shall describe how such agency will
eliminate duplication in the conduct of administrative
functions.
‘‘SEC. 10203. CONSOLIDATION OF FUNDS FOR LOCAL AD-
MINISTRATION.
‘‘(a) GENERAL AUTHORITY.—In accordance with regu-
lations issued by the Secretary, a local educational agency,
with the approval of its State educational agency, may con-
solidate and use for the administration of one or more cov-
ered programs for any fiscal year not more than the per-
centage, determined by its State educational agency, of the
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total amount available to that local educational agency
under those covered programs.
‘‘(b) STATE PROCEDURES.—Within one year from the
date of enactment of the Improving America’s Schools Act
of 1994, a State educational agency, in collaboration with
local educational agencies in the State, shall establish proce-
dures for responding to requests from local educational
agencies to consolidate administrative funds under sub-
section (a) and for establishing limitations on the amount
of funds under covered programs that may be used for ad-
ministration on a consolidated basis.
‘‘(c) CONDITIONS.—A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu-
cational agency that consolidates administrative funds
under this section may use such consolidated funds for the
administration of covered programs and for the purposes
described in section 10201(b)(2).
‘‘(e) RECORDS.—A local educational agency that con-
solidates administrative funds under this section shall not
be required to keep separate records, by individual covered
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program, to account for costs relating to the administration
of covered programs included in the consolidation.
‘‘SEC. 10204. ADMINISTRATIVE FUNDS STUDY.
‘‘(a) STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall conduct
a study of the use of funds under this Act for the ad-
ministration, by State and local educational agencies,
of all covered programs, including the percentage of
grant funds used for such purpose in all covered pro-
grams.
‘‘(2) RESULTS.—Based on the results of the
study described in paragraph (1), the Secretary shall,
within one year of the completion of such study, pro-
mulgate final regulations regarding the use of funds
for administration under all covered programs, in-
cluding the use of such funds on a consolidated basis
and limitations on the amount of such funds that
may be used for administration.
‘‘(b) REPORT.—The Secretary shall complete the study
conducted under this section not later than 1 year after the
date of enactment of the Improving America’s Schools Act
of 1994 and shall submit to the President and the appro-
priate committees of the Congress a report regarding such
study within 30 days of the completion of such study.
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‘‘SEC. 10205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT
OF THE INTERIOR FUNDS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) TRANSFER.—The Secretary shall transfer to
the Department of the Interior, as a consolidated
amount for covered programs, the Indian education
programs under part A of title VI of this Act, and the
education for homeless children and youth program
under subtitle B of title VII of the Stewart B. McKin-
ney Homeless Assistance Act, the amounts allotted to
the Department of the Interior under those programs.
‘‘(2) AGREEMENT.—(A) The Secretary and the
Secretary of the Interior shall enter into an agree-
ment, consistent with the requirements of the pro-
grams specified in paragraph (1), for the distribution
and use of those funds under terms that the Secretary
determines best meet the purposes of those programs.
‘‘(B) The agreement shall—
‘‘(i) set forth the plans of the Secretary of
the Interior for the use of the amount trans-
ferred, the steps to be taken to achieve the Na-
tional Education Goals, and performance meas-
ures to assess program effectiveness, including
measurable goals and objectives; and
‘‘(ii) be developed in consultation with In-
dian tribes.
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‘‘(b) ADMINISTRATION.—The Department of the Inte-
rior may use not more than 1.5 percent of the funds consoli-
dated under this section for such department’s costs related
to the administration of the funds transferred under this
section.
‘‘SEC. 
10206. 
AVAILABILITY 
OF 
UNNEEDED 
PROGRAM
FUNDS.
‘‘With the approval of its State educational agency,
a local educational agency that determines for any fiscal
year that funds under a covered program other than part
A of title I are not needed for the purpose of that covered
program may use such funds, not to exceed 5 percent of
the total amount of such local educational agency’s funds
under that covered program, for the purpose of another cov-
ered program.
‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL APPLICA-
TIONS
‘‘SEC. 10301. PURPOSE.
‘‘It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordina-
tion, planning, and service delivery under this Act and en-
hanced integration of programs under this Act with edu-
cational activities carried out with State and local funds.
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‘‘SEC. 10302. OPTIONAL CONSOLIDATED STATE APPLICA-
TION.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) SIMPLIFICATION.—In order to simplify ap-
plication requirements and reduce burden for State
educational agencies under this Act, the Secretary, in
accordance with subsection (b), shall establish proce-
dures and criteria under which a State educational
agency may submit a consolidated State plan or ap-
plication meeting the requirements of this section for
each of the covered programs in which the State par-
ticipates.
‘‘(2) ADDITIONAL
PROGRAMS.—A State edu-
cational agency may also include in its consolidated
plan or application—
‘‘(A) the Even Start program under part C
of title I;
‘‘(B) the education for neglected and delin-
quent youth program under part E of title I;
‘‘(C) part A of title II of the Carl D. Per-
kins Vocational and Applied Technology Edu-
cation Act; and
‘‘(D) such other programs as the Secretary
may designate.
‘‘(3) 
CONSOLIDATED
APPLICATIONS
AND
PLANS.—A State educational agency that submits a
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consolidated State plan or application under this sec-
tion shall not be required to submit separate State
plans or applications under any of the programs to
which the consolidated application under this section
applies.
‘‘(b) COLLABORATION.—
‘‘(1) IN GENERAL.—In establishing criteria and
procedures under this section, the Secretary shall col-
laborate with State educational agencies and, as ap-
propriate, with other State agencies, local educational
agencies, public and private nonprofit agencies, orga-
nizations, and institutions, private schools, and rep-
resentatives of parents, students, and teachers.
‘‘(2) 
CONTENTS.—Through 
the 
collaborative
process described in subsection (b), the Secretary shall
establish, for each program under the Act to which
this section applies, the descriptions, information, as-
surances, and other material required to be included
in a consolidated State plan or application.
‘‘SEC. 10303. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES.
‘‘(a) ASSURANCES.—A State educational agency that
submits a State plan or application under this Act, whether
separately or under section 10302, shall have on file with
the Secretary a single set of assurances, applicable to each
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program for which a plan or application is submitted, that
provides that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
‘‘(2)(A) the control of funds provided under each
such program and title to property acquired with
program funds will be in a public agency, in a non-
profit private agency, institution, or organization, or
in an Indian tribe if the statute authorizing the pro-
gram provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing statutes;
‘‘(3) the State will adopt and use proper methods
of administering each such program, including—
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions and other recipients responsible for carry-
ing out each program;
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and
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‘‘(C) the adoption of written procedures for
the receipt and resolution of complaints alleging
violations of law in the administration of such
programs;
‘‘(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for
the Secretary or other Federal officials;
‘‘(5) the State will use such fiscal control and
fund accounting procedures as will ensure proper dis-
bursement of, and accounting for, Federal funds paid
to the State under each such program;
‘‘(6) the State will—
‘‘(A) make reports to the Secretary as may
be necessary to enable the Secretary to perform
the Secretary’s duties under each such program;
and
‘‘(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find nec-
essary to carry out the Secretary’s duties; and
‘‘(7) before the application was submitted to the
Secretary, the State has afforded a reasonable oppor-
tunity for public comment on the application and has
considered such comment.
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‘‘(b) GEPA PROVISION.—Section 435 of the General
Education Provisions Act does not apply to programs under
this Act.
‘‘SEC. 10304. CONSOLIDATED LOCAL APPLICATIONS.
‘‘(a) GENERAL
AUTHORITY.—A local educational
agency receiving funds under more than one covered pro-
gram may submit plans or applications to the State edu-
cational agency under such programs on a consolidated
basis.
‘‘(b) REQUIRED CONSOLIDATED APPLICATIONS.—A
State educational agency that has submitted and had ap-
proved a consolidated State plan or application under sec-
tion 10302 may require local educational agencies in the
State receiving funds under more than one program in-
cluded in the consolidated State plan or application to sub-
mit consolidated local plans or applications under such
programs.
‘‘(c) COLLABORATION.—A State educational agency
shall collaborate with local educational agencies in the State
in establishing procedures for the submission of the consoli-
dated plans or applications under this section.
‘‘SEC. 10305. OTHER GENERAL ASSURANCES.
‘‘(a) ASSURANCES.—Any applicant other than a State
educational agency that submits a plan or application
under this Act, whether separately or pursuant to section
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10304, shall have on file with the State educational agency
a single set of assurances, applicable to each program for
which a plan or application is submitted, that provides
that—
‘‘(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
‘‘(2)(A) the control of funds provided under each
such program and title to property acquired with
program funds will be in a public agency or in a
nonprofit private agency, institution, organization, or
Indian tribe, if the statute authorizing the program
provides for assistance to such entities; and
‘‘(B) the public agency, nonprofit private agen-
cy, institution, or organization, or Indian tribe will
administer such funds and property to the extent re-
quired by the authorizing statutes;
‘‘(3) the applicant will adopt and use proper
methods of administering each such program, includ-
ing—
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for carry-
ing out each program; and
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‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation;
‘‘(4) the applicant will cooperate in carrying out
any evaluation of each such program conducted by or
for the State educational agency or the Secretary or
other Federal officials;
‘‘(5) the applicant will use such fiscal control
and fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds
paid to such applicant under each such program;
‘‘(6) the applicant will—
‘‘(A) make reports to the State educational
agency and the Secretary as may be necessary to
enable such agency and the Secretary to perform
their duties under each such program; and
‘‘(B) maintain such records, provide such
information, and afford access to the records as
the State educational agency or the Secretary
may find necessary to carry out the State edu-
cational agency’s or the Secretary’s duties; and
‘‘(7) before the plan or application was submit-
ted, the applicant is afforded a reasonable oppor-
tunity for public comment on the plan or application
and has considered such comment.
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‘‘(b) GEPA PROVISION.—Section 436 of the General
Education Provisions Act does not apply to programs under
this Act.
‘‘SEC. 10306. RELATIONSHIP OF STATE AND LOCAL PLANS
TO PLANS UNDER THE GOALS 2000: EDUCATE
AMERICA ACT.
‘‘(a) STATE PLANS.—
‘‘(1) IN GENERAL.—Each State plan submitted
under the following programs shall be integrated with
each other and the State’s plan, if any, either ap-
proved or being developed, under title III of the Goals
2000: Educate America Act:
‘‘(A) Part A of title I (making high-poverty
schools work).
‘‘(B) Part D of title I (education of migra-
tory children).
‘‘(C) Part E of title I (education of ne-
glected and delinquent youth).
‘‘(D) Part A of title II (professional devel-
opment).
‘‘(E) Subpart 1 of part A of title V (safe
and drug-free schools).
‘‘(F) Part D of title VI (Indian education).
‘‘(2) 
SPECIAL
RULE.—Notwithstanding 
any
other provision of this Act, if a requirement relating
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to a State plan referred to in paragraph (1) is al-
ready satisfied by the State’s approved plan under
title III of the Goals 2000: Educate America Act, the
State plan referred to in paragraph (1) need not sep-
arately address that requirement.
‘‘(3) AMENDMENT.—Any State plan referred to
in paragraph (1) may, if necessary, be submitted as
an amendment to the State’s plan under title III of
the Goals 2000: Educate America Act.
‘‘(b) LOCAL PLANS.—
‘‘(1) IN GENERAL.—Each local educational agen-
cy plan submitted under the following programs shall
be integrated with each other and its plan, if any, ei-
ther approved or being developed, under title III of
the Goals 2000: Educate America Act:
‘‘(A) Part A of title I (making high-poverty
schools work).
‘‘(B) Part A of title II (professional develop-
ment).
‘‘(C) Subpart 1 of part A of title V (safe
and drug-free schools).
‘‘(D) Part A of title VI (Indian education).
‘‘(E) Subpart 1 of part A of title VII (bilin-
gual education).
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‘‘(F) Part B of title IX (emergency immi-
grant education).
‘‘(2) PLAN OF OPERATION.—Each plan of oper-
ation included in an application submitted by an eli-
gible entity under part C of title I (Even Start) shall
be consistent with, and promote the goals of, the State
and local plans, either approved or being developed,
under title III of the Goals 2000: Educate America
Act or, if those plans are not approved or being devel-
oped, with the State and local plans under sections
1111 and 1112 of this Act.
‘‘(3) 
SPECIAL
RULE.—Notwithstanding 
any
other provision of this Act, if a requirement relating
to a local plan referred to in paragraph (1) is already
satisfied by the local educational agency’s approved
plan under title III of the Goals 2000: Educate Amer-
ica Act, the local plan referred to in paragraph (1)
need not separately address that requirement.
‘‘(4) SUBMISSION.—Any local plan referred to in
paragraph (1) may, if necessary, be submitted as an
amendment to the local educational agency’s plan
under title III of the Goals 2000: Educate America
Act.
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‘‘PART D—WAIVERS
‘‘SEC. 10401. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
‘‘(a) WAIVER AUTHORITY.—Except as provided in sub-
section (c), the Secretary may waive any requirement of
this Act or of the General Education Provisions Act, or of
the regulations issued under such Acts, for a State edu-
cational agency, local educational agency, Indian tribe, or
other agency, organization, or institution that receives
funds under a program authorized by this Act from the De-
partment and that requests such a waiver, if—
‘‘(1) the Secretary determines that such require-
ment impedes the ability of the State educational
agency or other recipient to achieve more effectively
the purposes of this Act;
‘‘(2) in the case of a waiver proposal submitted
by a State educational agency, the State educational
agency—
‘‘(A) provides all interested local edu-
cational agencies in the State with notice and an
opportunity to comment on the proposal;
‘‘(B) submits the comments to the Secretary;
and
‘‘(C) provides notice and information to the
public regarding the waiver proposal in the
manner that such agency customarily provides
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similar notices and information to the public;
and
‘‘(3) in the case of a waiver proposal submitted
by a local educational agency or other agency, insti-
tution, or organization that receives funds under this
Act from a State educational agency—
‘‘(A) such request has been reviewed by the
State educational agency and is accompanied by
the comments, if any, of such State educational
agency; and
‘‘(B) notice and information regarding the
waiver proposal has been provided to the public
by the agency, institution, or organization re-
questing the waiver in the manner that such
agency, institution, or organization customarily
provides similar notices and information to the
public.
‘‘(b) WAIVER PERIOD.—
‘‘(1) IN GENERAL.—A waiver under this section
shall be for a period not to exceed 4 years.
‘‘(2) EXTENSION.—The Secretary may extend the
period described in paragraph (1) if the Secretary de-
termines that—
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipients to carry out
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the activities for which the waiver was requested
and the waiver has contributed to improved per-
formance; and
‘‘(B) such extension is in the public interest.
‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary may
not waive, under this section, any statutory or regulatory
requirement relating to—
‘‘(1) comparability of services;
‘‘(2) maintenance of effort;
‘‘(3) the equitable participation of students at-
tending private schools;
‘‘(4) parental participation and involvement;
‘‘(5) the distribution of funds to States or to
local educational agencies or other recipients of funds
under this Act;
‘‘(6) applicable civil rights requirements; or
‘‘(7) the requirements of sections 438 and 439 of
the General Education Provisions Act.
‘‘(d) TERMINATION OF WAIVERS.—The Secretary shall
terminate a waiver under this section if the Secretary deter-
mines that the performance of the State or other recipient
affected by the waiver has been inadequate to justify a con-
tinuation of the waiver or if the waiver is no longer nec-
essary to achieve its original purposes.
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‘‘(e) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be pub-
lished in the Federal Register and the Secretary shall pro-
vide for the dissemination of such notice to State edu-
cational agencies, interested parties, including educators,
parents, students, advocacy, and civil rights organizations,
other interested parties, and the public.
‘‘PART E—UNIFORM PROVISIONS
‘‘SEC. 10501. MAINTENANCE OF EFFORT.
‘‘(a) IN GENERAL.—A local educational agency may
receive funds under a covered program for any fiscal year
only if the State educational agency finds that either the
combined fiscal effort per student or the aggregate expendi-
tures of that agency and the State with respect to the provi-
sion of free public education by that agency for the preced-
ing fiscal year was not less than 90 percent of such com-
bined fiscal effort or aggregate expenditures for the second
preceding fiscal year.
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
‘‘(1) IN GENERAL.—The State educational agen-
cy shall reduce the amount of the allocation of funds
under a covered program in any fiscal year in the
exact proportion to which a local educational agency
fails to meet the requirement of subsection (a) by fall-
ing below 90 percent of both the combined fiscal effort
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per student and aggregate expenditures (using the
measure most favorable to such local agency).
‘‘(2) SPECIAL
RULE.—No such lesser amount
shall be used for computing the effort required under
subsection (a) for subsequent years.
‘‘(c) WAIVER.—The Secretary may waive the require-
ments of this section if the Secretary determines that such
a waiver would be equitable due to—
‘‘(1) exceptional or uncontrollable circumstances
such as a natural disaster; or
‘‘(2) a precipitous decline in the financial re-
sources of the local educational agency.
‘‘SEC. 10502. PROHIBITION REGARDING STATE AID.
‘‘No State shall take into consideration payments
under this Act in determining the eligibility of any local
educational agency in that State for State aid, or the
amount of State aid, with respect to free public education
of children.
‘‘SEC. 10503. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS.
‘‘(a) PRIVATE SCHOOL PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as otherwise provided
in this Act, to the extent consistent with the number
of eligible children in a State educational agency,
local educational agency, or intermediate educational
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agency or consortium receiving financial assistance
under a program specified in subsection (b), who are
enrolled in private elementary and secondary schools
in such agency or consortium, such agency or consor-
tium shall, after timely and meaningful consultation
with appropriate private school officials, provide such
children, their teachers, administrators, and other
staff, on an equitable basis, special educational serv-
ices or other benefits under such program.
‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL
SERVICES
OR
BENEFITS.—Educational services or
other benefits, including materials and equipment,
provided under this section, must be secular, neutral,
and nonideological.
‘‘(3) SPECIAL RULE.—Educational services and
other benefits provided under this section for such pri-
vate school children, teachers, and other educational
personnel shall be equitable in comparison to services
and other benefits for public school children, teachers,
administrators, and other staff participating in such
program.
‘‘(4) EXPENDITURES.—Expenditures for edu-
cational services and other benefits provided under
this section to eligible private school children, their
teachers, and other educational personnel serving such
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children shall be equal, taking into account the num-
ber and educational needs of the children to be served,
to the expenditures for participating public school
children.
‘‘(5) PROVISION OF SERVICES.—Such agency or
consortium may provide such services directly or
through contracts with public and private agencies,
organizations, and institutions.
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section applies to—
‘‘(A) part A of title I;
‘‘(B) part D of title I;
‘‘(C) part A of title II (other than section
2114);
‘‘(D) part A of title III;
‘‘(E) part B of title III;
‘‘(F) part D of title III;
‘‘(G) subpart 1 of part A of title V (other
than section 5114);
‘‘(H) title VII;
‘‘(I) part B of title IX; and
‘‘(J) title XIII.
‘‘(2) DEFINITION.—For the purposes of this sec-
tion, the term ‘eligible children’ means children eligi-
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ble for services under a program described in para-
graph (1).
‘‘(c) CONSULTATION.—
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, such agency or consortium shall
consult with appropriate private school officials dur-
ing the design and development of the programs
under this Act, on issues such as—
‘‘(A) how the children’s needs will be identi-
fied;
‘‘(B) what services will be offered;
‘‘(C) how and where the services will be pro-
vided; and
‘‘(D) how the services will be assessed.
‘‘(2) TIMING.—Such consultation shall occur be-
fore the agency or consortium makes any decision
that affects the opportunities of eligible private school
children, teachers, and other educational personnel to
participate in programs under this Act.
‘‘(3) DISCUSSION REQUIRED.—Such consultation
shall include a discussion of service delivery mecha-
nisms that an agency or consortium could use to pro-
vide equitable services to eligible private school chil-
dren, teachers, administrators, and other staff.
‘‘(d) PUBLIC CONTROL OF FUNDS.—
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‘‘(1) IN GENERAL.—The control of funds used to
provide services under this section, and title to mate-
rials, equipment, and property purchased with such
funds, shall be in a public agency for the uses and
purposes provided in this Act, and a public agency
shall administer such funds and property.
‘‘(2) PROVISION OF SERVICES.—(A) The provi-
sion of services under this section shall be provided—
‘‘(i) by employees of a public agency; or
‘‘(ii) through contract by such public agency
with an individual, association, agency, or orga-
nization.
‘‘(B) In the provision of such services, such em-
ployee, person, association, agency, or organization
shall be independent of such private school and of any
religious organization, and such employment or con-
tract shall be under the control and supervision of
such public agency.
‘‘(C) Funds used to provide services under this
section shall not be commingled with non-Federal
funds.
‘‘SEC. 10504. STANDARDS FOR BY-PASS.
‘‘If, by reason of any provision of law, a State, local,
or intermediate educational agency or consortium of such
agencies is prohibited from providing for the participation
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in programs of children enrolled in, or teachers or other
educational personnel from, private elementary and second-
ary schools, on an equitable basis, or if the Secretary deter-
mines that such agency or consortium has substantially
failed or is unwilling to provide for such participation, as
required by section 10503, the Secretary shall—
‘‘(1) waive the requirements of that section for
such agency or consortium; and
‘‘(2) arrange for the provision of equitable serv-
ices to such children, teachers, or other educational
personnel through arrangements that shall be subject
to the requirements of this section and of sections
10503, 10505, and 10506.
‘‘SEC. 10505. COMPLAINT PROCESS FOR PARTICIPATION OF
PRIVATE SCHOOL CHILDREN.
‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary
shall develop and implement written procedures for receiv-
ing, investigating, and resolving complaints from parents,
teachers, or other individuals and organizations concerning
violations by an agency or consortium of section 10503 of
this Act. Such individual or organization shall submit such
complaint to the State educational agency for a written res-
olution by such agency within a reasonable period of time.
‘‘(b) APPEALS TO THE SECRETARY.—Such resolution
may be appealed by an interested party to the Secretary
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within 30 days after the State educational agency resolves
the complaint or fails to resolve the complaint within a rea-
sonable period of time. Such appeal shall be accompanied
by a copy of the State educational agency’s resolution, and
a complete statement of the reasons supporting the appeal.
The Secretary shall investigate and resolve each such appeal
within 120 days after receipt of the appeal.
‘‘SEC. 10506. BY-PASS DETERMINATION PROCESS.
‘‘(a) REVIEW.—
‘‘(1) IN GENERAL.—(A) The Secretary shall not
take any final action under section 10504 until the
agency or consortium affected by such action has had
an opportunity, for at least 45 days after receiving
written notice thereof, to submit written objections
and to appear before the Secretary to show cause why
that action should not be taken.
‘‘(B) Pending final resolution of any investiga-
tion or complaint that could result in a determina-
tion under this section, the Secretary may withhold
from the allocation of the affected State or local edu-
cational agency the amount estimated by the Sec-
retary to be necessary to pay the cost of those services.
‘‘(2) PETITION
FOR
REVIEW.—(A) If such af-
fected agency or consortium is dissatisfied with the
Secretary’s final action after a proceeding under
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paragraph (1), such agency or consortium may, with-
in 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.
‘‘(B) A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Secretary.
‘‘(C) The Secretary thereupon shall file in the
court the record of the proceedings on which the Sec-
retary based this action, as provided in section 2112
of title 28, United States Code.
‘‘(3) FINDINGS OF FACT.—(A) The findings of
fact by the Secretary, if supported by substantial evi-
dence, shall be conclusive, but the court, for good
cause shown, may remand the case to the Secretary
to take further evidence and the Secretary may there-
upon 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.
‘‘(B) Such new or modified findings of fact shall
likewise be conclusive if supported by substantial evi-
dence.
‘‘(4) JURISDICTION.—(A) Upon the filing of such
petition, the court shall have jurisdiction to affirm the
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action of the Secretary or to set it aside, in whole or
in part.
‘‘(B) 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.
‘‘(b) DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines, in consultation with such agency
or consortium and representatives of the affected private
school children, teachers, or other educational personnel that
there will no longer be any failure or inability on the part
of such agency or consortium to meet the applicable require-
ments of section 10503 or any other provision of this Act.
‘‘(c) 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 serv-
ices, including the administrative costs of arranging for
those services, from the appropriate allocation or allocations
under this Act.
‘‘(d) PRIOR DETERMINATION.—Any by-pass deter-
mination by the Secretary under this Act as in effect on
the day preceding the date of enactment of the Improving
America’s Schools Act of 1994 shall remain in effect to the
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extent the Secretary determines that such determination is
consistent with the purpose of this section.
‘‘SEC. 10507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS
WORSHIP OR INSTRUCTION.
‘‘Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
‘‘PART F—OTHER PROVISIONS
‘‘SEC. 10601. STATE RECOGNITION OF EXEMPLARY PER-
FORMANCE.
‘‘(a) RECOGNITION.—
‘‘(1) IN GENERAL.—A State educational agency
may implement a program of State recognition
awards under one or more covered programs (other
than parts A and C of title I).
‘‘(2) RECIPIENTS.—Such recognition awards
shall be made by the State educational agency to re-
cipients of assistance under this Act in the State that
the State educational agency determines have carried
out grant-related activities in an exemplary fashion
and have demonstrated outstanding performance
measured in accordance with this section.
‘‘(3) FUNDING.—A State desiring to make mone-
tary awards under this section may reserve a portion
of the total amount available for grants within the
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HR 6 EAS
State under such programs for any fiscal year, not to
exceed 1 percent, for the purpose of making recogni-
tion awards to qualifying recipients under such pro-
grams. In implementing this section, a State may re-
duce the amount of funds the State would otherwise
allocate to recipients in accordance with the applica-
ble statute governing such allocation to the extent nec-
essary.
‘‘(b) CONDITIONS.—A State educational agency may
make recognition awards under this section if—
‘‘(1) in selecting awardees, such agency takes
into account improvements in performance (rather
than comparisons with other schools and school dis-
tricts), and successful cooperative efforts among teach-
ers, administrators, and other school personnel in
achieving educational reform;
‘‘(2) such agency employs peer review procedures
in identifying recipients eligible for awards, the iden-
tity of the awardees, and the amount of the awards;
‘‘(3) such agency determines that the awardee is
in compliance with applicable civil rights require-
ments; and
‘‘(4) such agency submits to the Secretary a de-
scription of the criteria used in making such awards.
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‘‘SEC. 10602. APPLICABILITY TO HOME SCHOOLS.
‘‘Nothing in this Act shall be construed to affect home
schools.
‘‘SEC. 10603. GENERAL PROVISION REGARDING NONRECIP-
IENT 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, 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. 10604. PROHIBITION ON FEDERAL MANDATES, DIREC-
TION, AND CONTROL.
‘‘Nothing in this Act shall be construed to authorize
an officer or employee of the Federal Government to man-
date, direct, or control a State, local educational agency,
or school’s curriculum, program of instruction, or allocation
of State or local resources, or mandate a State or any sub-
division thereof to spend any funds or incur any costs not
paid for under this Act.
‘‘SEC. 10605. REPORT.
‘‘The Secretary shall report to the Congress within 180
days of the date of enactment of the Improving America’s
Schools Act of 1994 regarding how the Secretary shall en-
sure that audits conducted by Department employees of ac-
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tivities assisted under this Act comply with changes to this
Act made by the Improving America’s Schools Act of 1994,
particularly with respect to permitting children with simi-
lar educational needs to be served in the same educational
settings, where appropriate.
‘‘SEC. 10606. REQUIRED PARTICIPATION PROHIBITED.
‘‘Notwithstanding any other provision of law, no State
shall be required to participate in any program under the
Goals 2000: Education America Act, or to have content
standards or student performance standards approved or
certified under such Act, in order to receive assistance under
this Act.
‘‘SEC. 10607. SCHOOL PRAYER
‘‘Any State or local education agency that is adjudged
by a Federal court of competent jurisdiction to have will-
fully violated a Federal court order mandating that such
local educational agency remedy a violation of the constitu-
tional right of any student with respect to prayer in public
schools, in addition to any other judicial remedies, shall
be ineligible to receive Federal funds until such time as the
local educational agency complies with such order. Funds
that are withheld under this section shall not be reimbursed
for the period during which the local educational agency
was in willful noncompliance.
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HR 6 EAS
‘‘SEC. 10608. PRIVATELY MANAGED SCHOOLS.
‘‘Nothing in this Act shall be construed to deny States
or local educational agencies the opportunity to use Federal
funds to contract with private management firms.
‘‘SEC. 10609. POLICY REGARDING CRIMINAL JUSTICE SYS-
TEM REFERRAL.
‘‘(a) IN GENERAL.—No funds shall be made available
under this Act to any local educational agency unless such
agency has a policy requiring referral to the criminal jus-
tice or juvenile delinquency system of any student who
brings a firearm or weapon to a school served by such agen-
cy.
‘‘(b) DEFINITIONS.—For the purpose of this section,
the terms ‘firearm’ and ‘school’ have the same meaning
given to such terms by section 921(a) of title 18, United
States Code.
‘‘PART G—EVALUATIONS
‘‘SEC. 10701. EVALUATIONS.
‘‘(a) EVALUATIONS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary is authorized to reserve not
more than 0.50 percent of the amount appropriated
to carry out each program authorized under this
Act—
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‘‘(A) to carry out program evaluations and
studies of program effectiveness under this Act in
accordance with subsection (b);
‘‘(B) to evaluate the aggregate short- and
long-term effects and cost efficiencies across Fed-
eral programs authorized under this Act and re-
lated preschool, elementary and secondary Fed-
eral programs under other Federal law;
‘‘(C) to evaluate the short- and long-term ef-
fects of demonstration projects that show the
most promise of enabling children served under
this Act to meet challenging standards in accord-
ance with subsection (c); and
‘‘(D) to strengthen the usefulness of grant
recipient evaluations for continuous program
progress through improving the quality, timeli-
ness, efficiency, and utilization of program infor-
mation on program performance.
‘‘(2) SPECIAL RULE.—(A) Paragraph (1) shall
not apply to any program under title I.
‘‘(B) If funds are made available under any pro-
gram assisted under this Act (other than a program
under title I) for evaluation activities, then the Sec-
retary shall use such funds to carry out paragraph
(1).
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‘‘(b) NATIONAL EVALUATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall use not
more than 90 percent of the funds made available
under subsection (a) to carry out—
‘‘(A) independent studies of programs au-
thorized under this Act that are coordinated with
research supported through the Office of Edu-
cational Research and Improvement, and use
rigorous methodological designs and techniques,
including longitudinal designs, control groups,
and random assignment as appropriate, to deter-
mine—
‘‘(i) the success of such programs in
meeting the measurable goals and objectives,
through appropriate targeting, quality serv-
ices, and efficient administration, and in
contributing to achieving the National Edu-
cation Goals, with a priority on assessing
program impact on student performance;
‘‘(ii) the short- and long-term effects of
program participation on program partici-
pants, as appropriate;
‘‘(iii) the cost and efficiency of such
programs; and
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HR 6 EAS
‘‘(iv) to the extent feasible, the cost of
serving all students eligible to be served
under such programs;
‘‘(B) in collaboration with the national as-
sessment conducted pursuant to section 1601,
conduct a comprehensive evaluation of how the
Federal Government has assisted the States to re-
form their educational systems through the var-
ious education laws enacted during the 103d
Congress, which evaluation shall—
‘‘(i) encompass the changes made in
Federal programs pursuant to the Improv-
ing America’s Schools Act of 1994 as well
as in any other law enacted during the
103d Congress that amended a Federal pro-
gram assisting preelementary, elementary,
or secondary education;
‘‘(ii) encompass new initiatives such as
initiatives under the Goals 2000: Educate
America Act, and the School-to-Work Op-
portunities Act of 1994, and be coordinated
with evaluations of such Acts;
‘‘(iii) include a comprehensive review
of the programs developed under the Acts
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HR 6 EAS
described in clauses (i) and (ii) to deter-
mine such programs’ overall effect on—
‘‘(I) the readiness of children for
schooling;
‘‘(II) the improvement in edu-
cational attainment of students in ele-
mentary and secondary education; and
‘‘(III) the improvement in skills
needed by students to obtain employ-
ment or pursue further education upon
completion of secondary school or fur-
ther education;
‘‘(iv) include a comprehensive review of
the programs under the Acts described in
clauses (i) and (ii) to determine such pro-
grams’ overall effect—
‘‘(I) on school reform efforts un-
dertaken by States; and
‘‘(II) on student populations that
have been the traditional beneficiaries
of Federal assistance in order to deter-
mine whether such population’s edu-
cational attainment has been improved
as a result of such programs;
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‘‘(v) evaluate how the National Assess-
ment Governing Board, the Advisory Coun-
cil on Education Statistics, the National
Education Goals Panel, and the National
Education 
Statistics 
and 
Improvement
Council (and any other Federal board estab-
lished to analyze, address, or approve edu-
cation standards and assessments) coordi-
nate, interact, or duplicate efforts to assist
the States in reforming the educational sys-
tems of States; and
‘‘(vi) include a review of the programs
under the Acts described in clauses (i) and
(ii) in such detail as the Secretary deems
appropriate, and may involve cooperation
with other Federal departments and agen-
cies in order to incorporate evaluations and
recommendations of such departments and
agencies; and
‘‘(C) a study of the waivers granted under
section 10401, which study shall include—
‘‘(i) data on the total number of waiver
requests that were granted and the total
number of such requests that were denied,
disaggregated by the statutory or regulatory
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requirement for which the waivers were re-
quested; and
‘‘(ii) an analysis, based on an appro-
priate sample of agencies, tribes, organiza-
tions, and institutions receiving waivers, of
the effectiveness of such waivers in improv-
ing student performance outcomes.
‘‘(2) INDEPENDENT PANEL.—The Secretary shall
appoint an independent panel to review the plan for
the evaluation described in paragraph (1), to advise
the Secretary on such evaluation’s progress, and to
comment, if the panel so wishes, on the final report
described in paragraph (3).
‘‘(3) REPORT.—The Secretary shall submit a
final report on the evaluation described in this sub-
section by January 1, 1998, to the Committee on
Education and Labor of the House of Representatives
and to the Committee on Labor and Human Re-
sources of the Senate.
‘‘(c) EVALUATION OF DEMONSTRATIONS OF INNOVA-
TIVE PRACTICES.—The Secretary shall use at least 10 per-
cent of funds reserved under subsection (a) for evaluation
of demonstration projects assisted under this Act in order
to improve student achievement. Such evaluation shall—
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‘‘(1) identify specific intervention strategies and
implementation of such strategies that, based on the-
ory, research and evaluation, offer the promise of im-
proved achievement of program objectives;
‘‘(2) use rigorous methodological designs and
techniques, including longitudinal designs, control
groups, and random assignment, to the extent feasible,
to produce reliable evidence of effectiveness;
‘‘(3) assess at the end the reauthorization period
of each demonstration project the knowledge gained in
identifying and disseminating effective management
and educational practices; and
‘‘(4) to the extent feasible, the cost of serving all
students eligible to be served under such demonstra-
tion projects.
‘‘(d) RECIPIENT EVALUATION AND QUALITY ASSUR-
ANCE IMPROVEMENT.—The Secretary is authorized to pro-
vide guidance, technical assistance, and model programs to
recipients of assistance under this Act to strengthen infor-
mation for quality assurance and performance information
feedback at State and local levels. Such guidance and assist-
ance shall promote the development, measurement and re-
porting of valid, reliable, timely and consistent performance
indicators within a program in order to promote continu-
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ous program improvement. Nothing in this subsection shall
be construed to establish a national data system.
‘‘TITLE XI—CULTURAL PARTNER-
SHIPS 
FOR 
AT-RISK 
CHIL-
DREN AND YOUTH
‘‘SEC. 11101. SHORT TITLE.
‘‘This title may be cited as the ‘Cultural Partnerships
for At-Risk Children and Youth Act of 1994’.
‘‘SEC. 11102. FINDINGS.
‘‘The Congress finds that—
‘‘(1) with local school budget cuts there are inad-
equate arts and cultural programs available for chil-
dren and youth in schools, especially at the elemen-
tary school level;
‘‘(2) children and youth who receive instruction
in the arts and humanities, or who are involved in
cultural activities, remain in school longer and are
more successful than children who do not receive such
instruction;
‘‘(3) school-university partnerships that upgrade
teacher training in the arts and humanities have sig-
nificantly contributed to improved instruction and
achievement levels of school-aged children; and
‘‘(4) museum outreach, cultural activities and
informal education for at-risk children and youth
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have contributed significantly to the educational
achievement and enhanced interest in learning of at-
risk children and youth.
‘‘SEC. 11103. DEMONSTRATION PROGRAM.
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) GRANT FROM SECRETARY.—(A) The Sec-
retary, by grant, shall award all funds appropriated
under section 11108 to the Committee established
under subsection (b) to enable such Committee to
award subgrants in accordance with paragraph (2).
‘‘(B) The Committee established under subsection
(b) may reserve not more than 5 percent of the grant
funds received under paragraph (1) in each fiscal
year for the costs of administration.
‘‘(2) SUBGRANTS.—(A) From grant funds re-
ceived under paragraph (1)(A) and not reserved
under paragraph (1)(B), the Committee established
under subsection (b) shall award subgrants to eligible
entities to enable such entities to improve the edu-
cational performance and potential of at-risk children
and youth by providing comprehensive and coordi-
nated educational and cultural services to such chil-
dren and youth.
‘‘(B) Each eligible recipient may reserve not
more than 5 percent of any subgrant funds received
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under this part in each fiscal year for the costs of ad-
ministration.
‘‘(3) ELIGIBLE ENTITIES.—For purposes of this
title, the term ‘eligible entity’ means—
‘‘(A) for purposes of determining eligibility
for a subgrant under this title to serve in-school
children and youth, a partnership between—
‘‘(i) a local educational agency or an
individual school that is eligible to partici-
pate in a schoolwide program under section
1114; and
‘‘(ii) at least 1 institution of higher
education, museum, local arts agency, or
cultural entity that is accessible to individ-
uals within the school district of such local
educational agency or school, and that has
a history of providing quality services to the
community, which may include—
‘‘(I) a nonprofit institution of
higher education, local arts agency,
cultural institution, or zoological or
botanical facility; or
‘‘(II) a private for-profit entity
with an effective history of training
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children and youth in the arts or hu-
manities; and
‘‘(B) for purposes of determining eligibility
for a subgrant under this title to serve out-of-
school youth, a partnership between—
‘‘(i) at least 1 entity described in
clause (i) or (ii) of subparagraph (A); and
‘‘(ii) at least 1 entity described in
clause (ii) of subparagraph (A).
‘‘(b) NATIONAL COMMITTEE ON CULTURAL PARTNER-
SHIPS FOR AT-RISK CHILDREN AND YOUTH.—
‘‘(1) ESTABLISHMENT.—There is established a
committee to be known as the National Committee on
Cultural Partnerships for At-Risk Children and
Youth (referred to in this title as the ‘Committee’).
‘‘(2) MEMBERSHIP.—The Committee shall be
comprised of 8 members, of whom—
‘‘(A) 2 members shall be appointed by the
Secretary of Education;
‘‘(B) 2 members shall be appointed by the
Chairperson of the National Endowment for the
Humanities;
‘‘(C) 2 members shall be appointed by the
Chairperson of the National Endowment for the
Arts; and
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‘‘(D) 2 members shall be appointed by the
Director of the Institute of Museum Services.
‘‘(c) AWARD OF SUBGRANTS.—
‘‘(1) IN GENERAL.—The Committee shall award
subgrants under this title to eligible entities seeking to
carry out programs designed to—
‘‘(A) promote and enhance educational and
cultural activities;
‘‘(B) provide integration of community cul-
tural resources into the regular curriculum and
school day;
‘‘(C) focus school and cultural resources in
the community on coordinated cultural services
to address the needs of at-risk children and
youth;
‘‘(D) provide effective cultural programs to
facilitate the transition from preschool programs
to elementary school programs, including pro-
grams under the Head Start Act and part H of
the Individuals with Disabilities Education Act;
‘‘(E) facilitate school-to-work transition
from secondary schools and alternative schools to
job training, higher education, and employment
through educational programs and activities that
utilize school resources;
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‘‘(F) increase parental and community in-
volvement in the educational, social, and cul-
tural development of at-risk children and youth;
or
‘‘(G) 
develop 
programs 
and 
strategies
that—
‘‘(i) provide high-quality coordinated
educational and cultural services; and
‘‘(ii) are designed to integrate such co-
ordination into the regular curriculum and
to replicate the services in other schools.
‘‘(2) SPECIAL RULE.—Subgrants awarded under
this title shall be of sufficient size, scope, and quality
to be effective.
‘‘(3) COORDINATION.—(A) The Committee shall
award subgrants under this title only to eligible enti-
ties that agree to coordinate activities carried out
under this part with other Federal, State, and local
programs designed to serve the purposes and target
populations described in this title.
‘‘(B) The Committee shall award subgrants
under this title so as to ensure nonduplication of serv-
ices provided by subgrant recipients and services pro-
vided by—
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‘‘(i) the National Endowment for the Hu-
manities;
‘‘(ii) the National Endowment for the Arts;
and
‘‘(iii) the Institute for Museum Services.
‘‘(4) GEOGRAPHIC DISTRIBUTION.—In awarding
subgrants under this title the Committee, to the extent
feasible, shall ensure an equitable geographic distribu-
tion of such subgrants.
‘‘(5) PRIORITY.—In awarding subgrants under
this title the Committee may give priority to eligible
entities that provide comprehensive services that ex-
tend beyond traditional school or service hours.
‘‘(6) RENEWAL.—The recipient of a subgrant
under this title may be eligible for funding for a max-
imum of 5 years, if the Committee determines that the
eligible recipient has made satisfactory progress to-
ward the achievement of the program goals described
in the application.
‘‘(7) CRITERIA
AND
PROCEDURES.—The Com-
mittee shall establish and transmit to the Secretary
criteria and procedures for awarding subgrants under
this title. The Secretary shall publish such criteria
and procedures in the Federal Register.
‘‘(d) APPLICATION.—
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‘‘(1) IN GENERAL.—Each eligible entity seeking
a subgrant under this title shall submit an applica-
tion to the Committee at such time, in such manner,
and accompanied by such information as the Com-
mittee may reasonably require.
‘‘(2) CONTENTS.—Each application submitted to
the Committee pursuant to paragraph (1) shall—
‘‘(A) describe the cultural entity or entities
that will participate in the partnership;
‘‘(B) describe the target population to be
served;
‘‘(C) describe the services to be provided;
‘‘(D) describe a plan for evaluating the suc-
cess of the program;
‘‘(E) in the case of each local educational
agency or school participating in the eligible re-
cipient partnership, describe how the activities
assisted under this title will be perpetuated be-
yond the duration of the subgrant;
‘‘(F) describe the manner in which the eligi-
ble entity will seek to improve the educational
achievement or future potential of at-risk chil-
dren and youth through more effective coordina-
tion of cultural services in the community;
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‘‘(G) describe the overall and operational
goals of the program; and
‘‘(H) describe training that will be provided
to individuals who are not trained to work with
children and youth, and how teachers will be in-
volved.
‘‘(e) TARGET POPULATION.—To be eligible for a
subgrant under this title, an eligible entity shall serve—
‘‘(1) students enrolled in schools participating in
a schoolwide program under section 1114 and the
families of such students to the extent practicable;
‘‘(2) out-of-school children and youth at risk of
disadvantages resulting from teenage parenting, sub-
stance abuse, recent migration, disability, limited-
English proficiency, illiteracy, being the child of a
teenage parent, living in a single parent household, or
dropping out of school; or
‘‘(3) any combination of in-school and out-of-
school at-risk children and youth.
‘‘SEC. 11104. AUTHORIZED ACTIVITIES.
‘‘(a) IN GENERAL.—Subgrants awarded under this
title may be used—
‘‘(1) to plan, develop, acquire, expand, and im-
prove school-based or community-based coordinated
educational and cultural programs to strengthen the
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educational performance and future potential of in-
school or out-of-school at-risk children and youth
through grants, cooperative agreements, contracts for
services, or administrative coordination;
‘‘(2) to provide at-risk students with integrated
cultural activities designed to develop a love of learn-
ing that fosters the smooth transition of preschool
children to elementary school;
‘‘(3) to design collaborative cultural activities for
students in secondary or alternative schools that en-
sure the smooth transition to job training, higher edu-
cation, or full employment;
‘‘(4) to provide child care for children of at-risk
students who would not otherwise be able to partici-
pate in the program;
‘‘(5) to provide transportation necessary for par-
ticipation in the program;
‘‘(6) to develop curriculum materials in the arts;
‘‘(7) for staff development activities that encour-
age the integration of the arts into the curriculum;
‘‘(8) for stipends that allow local arts and hu-
manities professionals to work with at-risk children
and youth in schools;
‘‘(9) for training individuals who are not
trained to work with children and youth;
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‘‘(10) for cultural programs that encourage the
active participation of parents in the education of
their children;
‘‘(11) for programs that use the arts and culture
to reform current school practices, including lengthen-
ing the school day or academic year;
‘‘(12) for equipment or supplies that the Com-
mittee determines appropriate; and
‘‘(13) for evaluation, administration, and super-
vision.
‘‘(b) TEACHERS.—Each recipient of a subgrant under
this title serving in-school children and youth shall carry
out the activities described in the application with the in-
volvement of a certified teacher or trained instructor.
‘‘SEC. 11105. PLANNING SUBGRANTS.
‘‘(a) IN GENERAL.—The Committee may award plan-
ning subgrants to eligible entities under this title.
‘‘(b) AMOUNT.—A planning subgrant shall be in an
amount not to exceed $50,000.
‘‘(c) DURATION.—A planning subgrant shall be for a
period of not more than 1 year.
‘‘(d) LIMITATIONS.—An eligible entity may receive not
more than 1 planning subgrant under this section.
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‘‘SEC. 11106. PAYMENTS; AMOUNTS OF AWARD; COST SHARE;
LIMITATIONS.
‘‘(a) PAYMENTS.—The Secretary shall pay to each eli-
gible entity having an application approved under section
11103, the Federal share of the cost of the activities de-
scribed in the application.
‘‘(b) COST SHARE.—
‘‘(1) FEDERAL SHARE.—The Federal share of a
subgrant under this title shall be 80 percent of the
cost of carrying out the activities described in the ap-
plication.
‘‘(2) NON-FEDERAL
SHARE.—The non-Federal
share of a subgrant under this title shall be 20 per-
cent of the cost of carrying out the activities described
in the application and may be in cash or in kind,
fairly evaluated, including the provision of equip-
ment, services, or facilities.
‘‘(c) LIMITATIONS.—
‘‘(1) NONINSTRUCTIONAL SERVICES.—Not more
than 25 percent of the subgrant funds provided in
any fiscal year under this title may be used for
noninstructional activities such as the activities de-
scribed in paragraphs (4), (5), and (12) of section
11104(a).
‘‘(2) 
SUPPLEMENT
AND
NOT
SUPPLANT.—
Subgrant funds awarded under this title shall be used
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to supplement and not supplant the amount of funds
made available from non-Federal sources, for the ac-
tivities assisted under this title.
‘‘SEC. 11107. MODELS.
‘‘The Secretary, in consultation with the Committee,
shall disseminate information concerning successful models
under this title through the National Diffusion Network.
‘‘SEC. 11108. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATION.—Subject to subsection (b), there
are authorized to be appropriated to carry out this title,
$20,000,000 for fiscal year 1995, and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(b) LIMITATIONS.—
‘‘(1) CONTINGENT
APPROPRIATIONS.—Notwith-
standing any other provision of law, no amounts
shall be made available to carry out this title in any
fiscal year unless there is appropriated—
‘‘(A) not less than $177,000,000 for the Na-
tional Endowment for the Humanities under the
National Foundation on the Arts and the Hu-
manities Act of 1965;
‘‘(B) not less than $170,000,000 for the Na-
tional Endowment for the Arts under such Act;
and
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‘‘(C) not less than $28,000,000 for the Insti-
tute for Museum Services under the Museum
Services Act.
‘‘(2) PLANNING SUBGRANTS.—Not more than 10
percent of the amount appropriated in each fiscal
year pursuant to subsection (a) shall be used for plan-
ning subgrants under section 11105.
‘‘TITLE XII—DISCLOSURE
REQUIREMENTS
‘‘SEC. 12001. DEFINITIONS.
‘‘As used in this title:
‘‘(1) DISABILITY.—The term ‘disability’ has the
same meaning given to such term by section 3(2) of
the Americans with Disabilities Act of 1990.
‘‘(2) EDUCATIONAL ORGANIZATION.—(A) Except
as provided in subparagraphs (B) and (C), the term
‘educational organization’ means any organization or
entity that—
‘‘(i) provides an educational program for a
fee; and
‘‘(ii) recruits students through means such
as commercial media, direct mailings, school re-
cruitment 
programs, 
school 
administrators,
teachers or staff, or current or former partici-
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pants in an educational program offered by such
organization or entity.
‘‘(B) Such term does not include—
‘‘(i) a local educational agency, a State
educational agency, a State department of edu-
cation, or an elementary or secondary school;
‘‘(ii) an institution of higher education; or
‘‘(iii) a local organization sponsored by an
elementary or secondary school, a recreational
organization, an entertainment organization, a
local sports activity group, or a social club.
‘‘(C) For the purpose of section 12002 only, such
term—
‘‘(i) except as provided in clause (ii), does
not include an organization or entity that pro-
vides an educational program if such organiza-
tion or entity recruits, for participation in such
program, solely through a local school official;
and
‘‘(ii) includes any such organization or en-
tity that offers a local school official, teacher or
other school personnel compensation or any other
benefit for such recruitment, except that payment
of the expenses incurred by a local school official,
teacher or other school personnel in performing
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chaperone activities related to such program
shall not be considered compensation or a benefit
for such recruitment.
‘‘(3) EDUCATIONAL
PROGRAM.—(A) Except as
provided in subparagraph (B), the term ‘educational
program’ means a special honors program, seminar,
citizenship experience, government study program,
educational vacation, student exchange program, or
other educational experience or honor—
‘‘(i) that is generally directed toward mi-
nors or secondary school students;
‘‘(ii) for which a tuition or enrollment fee
is charged;
‘‘(iii) that is offered away from a student’s
regular place of school attendance;
‘‘(iv) that includes not less than 1 super-
vised night away from home; and
‘‘(v) that is intended to enhance a student’s
regular course of study.
‘‘(B) Such term does not include a recreational
program, or a social or religious activity.
‘‘(4) LOCAL SCHOOL OFFICIAL.—The term ‘local
school official’ means the highest administrative offi-
cial serving a school district, or such individual’s des-
ignee.
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‘‘(5) MINOR.—The term ‘minor’ means an indi-
vidual who has not attained the age of 18.
‘‘(6) MEMBERSHIP
ORGANIZATION.—The term
‘membership organization’ includes any organization
that maintains a membership list or collects dues or
membership fees from its members.
‘‘(7) RECREATIONAL ORGANIZATION.—The term
‘recreational organization’ includes any organization
or entity that has as its primary function pleasure,
amusement, or sports activities.
‘‘(8) RECREATIONAL PROGRAM.—The term ‘rec-
reational program’ includes any activity or service
that is intended as an entertainment pastime.
‘‘SEC. 12002. DISCLOSURE REQUIREMENTS.
‘‘Each educational organization, prior to enrolling a
minor and prior to accepting funds for the cost of a minor’s
participation in an educational program operated by such
organization, shall disclose the following information in
written form to the minor or the minor’s parent:
‘‘(1) METHOD
OF
SOLICITATION
AND
SELEC-
TION.—The method of solicitation and selection of
participants in the educational program, including—
‘‘(A) the origin of any mailing list used for
such solicitation and selection;
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‘‘(B) any recruitment through a local school
official, teacher or school personnel, including
any compensation or other benefit offered to such
official, teacher or personnel for the recommenda-
tion of a minor for participation in the edu-
cational program;
‘‘(C) any open enrollment activity, includ-
ing the method of outreach; and
‘‘(D) any cooperation with, or sponsorship
by, a membership organization, including a de-
scription of the cooperation or sponsorship and
the name of each such organization.
‘‘(2) COSTS AND FEES.—Information regarding
the cost of the educational program and information
regarding the distribution of any enrollment fee, in-
cluding—
‘‘(A) the amount paid for, and the percent-
age of the total educational program cost of, each
feature of the educational program, including—
‘‘(i) food;
‘‘(ii) lodging;
‘‘(iii) transportation;
‘‘(iv) program staffing;
‘‘(v) textbooks, syllabi, or other scholas-
tic educational program materials;
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‘‘(vi) speaker fees; and
‘‘(vii) administrative expenses, includ-
ing expenses related to—
‘‘(I) the preparation of non-scho-
lastic educational program materials;
‘‘(II) the provision of financial
assistance;
‘‘(III) mailing list rental or other
recruitment activity; and
‘‘(IV) administrative salaries and
consulting fees;
‘‘(B) the identity of the organization or
business providing each of the features described
in clauses (i) through (vii) of subparagraph (A);
and
‘‘(C) the nature of any relationship of any
board member, officer, or employee of the edu-
cational organization to any organization or
business described in subparagraph (B), includ-
ing the salary or other compensation paid by
such organization or business to such Board
member, officer, or employee.
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‘‘SEC. 
12003. 
NONDISCRIMINATORY 
ENROLLMENT 
AND
SERVICE POLICY.
‘‘(a) IN GENERAL.—Each educational organization
shall include a verifiable statement in all enrollment or re-
cruitment material that the educational organization does
not—
‘‘(1) fail or refuse to hire, or discharge, any indi-
vidual, or otherwise discriminate against any indi-
vidual with respect to compensation, terms, condi-
tions, or privileges of employment; or
‘‘(2) exclude any student from participation in
an educational program, discriminate against any
student in providing the benefits associated with such
program (including any scholarship or financial as-
sistance, and use of any facility), or subject the stu-
dent to discrimination under such program,
on the basis of race, disability, or residence in a low-income
area.
‘‘(b) CONSTRUCTION.—Nothing in this section shall be
construed to entitle a student to—
‘‘(1) participation in an educational program or
any benefit associated with such program; or
‘‘(2) a waiver of any fee charged for such par-
ticipation or benefit.
‘‘SEC. 12004. ENFORCEMENT.
‘‘The Secretary shall—
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‘‘(1)(A) widely disseminate information about
the requirements of this title to State and local school
officials and parents; and
‘‘(B) require educational organizations to submit
appropriate information or assurances regarding such
organizations’ compliance with this title; and
‘‘(2) take whatever other steps the Secretary de-
termines are appropriate to enforce this title, includ-
ing—
‘‘(A) promulgating regulations;
‘‘(B) establishing a complaint process;
‘‘(C) referring complaints to the relevant
Federal, State, or local authorities for appro-
priate action;
‘‘(D) alerting educational agencies, schools,
and parents to the practices of educational orga-
nizations that violate the provisions of this title;
and
‘‘(E) imposing civil fines (not to exceed
$1,000 per violation) on educational organiza-
tions that knowingly violate this title.
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‘‘TITLE XIII—TARGETED
ASSISTANCE PROGRAM
‘‘PART A—GENERAL PROVISIONS
‘‘SEC. 13101. ALLOTMENT TO STATES.
‘‘(a) RESERVATIONS.—From the sums appropriated to
carry out this title in any fiscal year, the Secretary shall
reserve not to exceed 1 percent for payments to Guam,
American Samoa, the Virgin Islands, the Republic of the
Marshall Islands, the Federated States of Micronesia, the
Northern Mariana Islands, and Palau, to be allotted in ac-
cordance with their respective needs for assistance under
this title.
‘‘(b) ALLOTMENT.—From the remainder of such sums
the Secretary shall allot to each State an amount which
bears the same ratio to the amount of such remainder as
the school-age population of the State bears to the school-
age population of all States, except that no State shall re-
ceive less than an amount equal to one-half of 1 percent
of such remainder.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) The term ‘school-age population’ means the
population aged 5 through 17.
‘‘(2) The term ‘States’ includes the 50 States, the
District of Columbia, and the Commonwealth of Puer-
to Rico.
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fied, for assistance under subparts 1, 2, 3, 4, and 6 of part
A, and part C, of this title, if the student—
‘‘(1) is a citizen of the Federated States of Micro-
nesia, the Republic of the Marshall Islands, or the Re-
public of Palau, and attends an institution of higher
education in a State or a public or nonprofit private
institution of higher education in the Federated
States of Micronesia, the Republic of the Marshall Is-
lands, or the Republic of Palau; or
‘‘(2) meets the requirements of subsection (a)(5)
and attends a public or nonprofit private institution
of higher education in the Federated States of Micro-
nesia, the Republic of the Marshall Islands, or the Re-
public of Palau.’’.
SEC. 350L. FEDERAL INSURANCE FOR BONDS.
Subsection (b) of section 723 of the Higher Education
Act of 1965 (20 U.S.C. 1132–c(b)) is amended—
(1) in paragraph (8)—
(A) in clause (i), by striking ‘‘and’’ after
the semicolon;
(B) by amending clause (ii) to read as fol-
lows:
‘‘(ii) shall be maintained in an
amount not less than 10 percent of the out-
standing principal of all loans under this
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of all Bureau funded schools. Such system shall allot funds
in accordance with section 1128. All amounts appropriated
for distribution under this section shall be made available
as provided in paragraph (2).’’;
(2) by striking paragraphs (2) and (3) and in-
serting the following new paragraph:
‘‘(2)(A) For the purpose of affording adequate notice
of funding available pursuant to the allotments made by
section 1128, amounts appropriated in an appropriation
Act for any fiscal year shall become available for obligation
by the affected schools on July 1 of the fiscal year in which
such funds are appropriated without further action by the
Secretary, and shall remain available for obligation
through the succeeding fiscal year.
‘‘(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph—
‘‘(i) publish, on July 1 of the fiscal year for
which the funds are appropriated, the allotments to be
made under section 1128 to each affected school of 85
percent of such appropriation; and
‘‘(ii) publish, not later than October 30 of such
fiscal year, the allotments to be made under section
1128 of the remaining 15 percent of such appropria-
tion, adjusted to reflect actual student attendance.’’;
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(8) Paragraph (1) of section 368 of the Carl D. Perkins
Vocational and Applied Technology Education Act (20
U.S.C. 2396f(1)) is amended by striking ‘‘section 1006’’ and
inserting section 1124’’.
(9) Paragraph (3) of section 420(a) of the Carl D. Per-
kins Vocational and Applied Technology Education Act (20
U.S.C. 2420(a)(3)) is amended by striking ‘‘section 1562’’
and inserting ‘‘subpart 2 of part C of title II’’.
(10) Paragraph (20) of section 521 of the Carl D. Per-
kins Vocational and Applied Technology Education Act (20
U.S.C. 2471(20) is amended by striking ‘‘section 1471(5)’’
and inserting ‘‘section 10101’’.
(11) Paragraph (21) of section 521 of the Carl D. Per-
kins Vocational and Applied Technology Education Act (20
U.S.C. 2471(21)) is amended by striking ‘‘section
703(a)(1)’’ and inserting ‘‘section 7104’’.
(u) J UVENILE JUSTICE AND DELINQUENCY PREVEN-
TION ACT OF 1974.—Paragraph (2) of section 288E(a) of
the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5667e–5(a)(2)) is amended by striking
‘‘chapter 1 of’’.
(v) A GE DISCRIMINATION ACT OF 1975.—Clause (ii)
of section 309(4)(B) of the Age Discrimination Act of 1975
(42 U.S.C. 6107(4)(B)(ii)) is amended by striking ‘‘section
198(a)(10),’’ and inserting ‘‘section 10101’’.