I
103D CONGRESS
1ST SESSION
H. R. 3130
Entitled ‘‘To improve America’s schools’’.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 23, 1993
Mr. KILDEE (for himself, Mr. FORD of Michigan, Mr. GOODLING, Mr. MILLER
of California, Mr. GUNDERSON, Mr. SAWYER, Mr. OWENS, Mrs.
UNSOELD, Mr. REED, Mrs. MINK, Mr. ENGEL, Mr. GREEN, Ms. ENG-
LISH of Arizona, Mr. STRICKLAND, Mr. ROMERO-BARCELO´, Mr. MAR-
TINEZ, Mr. ANDREWS of New Jersey and Mr. FALEOMAVAEGA) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and Labor
A BILL
Entitled ‘‘To improve America’s schools’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That this Act may be cited as the ‘‘Improving America’s
Schools Act of 1993’’.
ORGANIZATION OF THE ACT
SEC. 2. This Act is organized into the following ti-
tles:
TITLE I—AMENDMENTS TO THE ELEMENTARY
AND SECONDARY EDUCATION ACT OF 1965
TITLE II—AMENDMENTS TO THE GENERAL
EDUCATION PROVISIONS ACT
TITLE III—AMENDMENTS TO OTHER ACTS
EFFECTIVE DATES; TRANSITION
SEC. 3. (a) EFFECTIVE DATES.—(1) The provisions
of title I of this Act shall take effect July 1, 1995, except
that those provisions of title I that apply to programs
under title VIII of the Elementary and Secondary Edu-
cation Act of 1965, as amended by this Act, and to pro-
grams that are conducted on a competitive basis, shall be
effective with respect to appropriations for use under such
programs in fiscal year 1995 and in subsequent fiscal
years.
(2) The provisions of title II of this Act shall be effec-
tive upon enactment, except that section 250 of such title
shall be effective—
(A) July 1, 1995 for non-competitive programs
in which funds are allocated on the basis of a for-
mula; and
(B) for programs that are conducted on a com-
petitive basis, with respect to appropriations for use
under such programs in fiscal year 1995 and in sub-
sequent fiscal years.
(3)(A) Parts A and B of title III of this Act shall
take effect July 1, 1995.
(B) Part C of title III of this Act shall take effect
on October 1, 1994.
(b) TRANSITION.—Notwithstanding any other provi-
sion of law, a recipient of funds under the Elementary and
Secondary Education Act of 1965, as in effect prior to
amendment by this Act, may use funds available to it
under such predecessor authority to carry out necessary
and reasonable planning and transition activities in order
to ensure a smooth implementation of programs author-
ized by this Act.
TITLE I—AMENDMENTS TO THE ELEMENTARY
AND SECONDARY EDUCATION ACT OF 1965
AMENDMENTS TO THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965
SEC. 101. The Elementary and Secondary Education
Act of 1965 is amended to read as follows:
‘‘SHORT TITLE
‘‘SECTION 1. This Act may be cited as the ‘Elemen-
tary and Secondary Education Act of 1965’.
‘‘TABLE OF CONTENTS
‘‘‘‘SEC. 2. The table of contents for this Act is as
follows:
‘‘TITLE I—HELPING CHILDREN IN NEED MEET HIGH
STANDARDS
‘‘Sec. 1001. Declaration of policy and statement of purpose.
‘‘Sec. 1002. Authorization of appropriations.
‘‘PART A—MAKING HIGH-POVERTY SCHOOLS WORK
‘‘Subpart 1—Basic Program Requirements
‘‘Sec. 1111. State plans.
‘‘Sec. 1112. Local educational agency plans.
‘‘Sec. 1113. Eligible school attendance areas.
‘‘Sec. 1114. Schoolwide programs.
‘‘Sec. 1115. Targeted assistance schools.
‘‘Sec. 1116. Parental involvement.
‘‘Sec. 1117. Participation of children enrolled in private schools.
‘‘Sec. 1118. Assessment and school and district improvement.
‘‘Sec. 1119. Fiscal requirements.
‘‘Subpart 2—Allocations
‘‘Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.
‘‘Sec. 1122. Allocations to States.
‘‘Sec. 1123. Basic grants.
‘‘Sec. 1124. Concentration grants.
‘‘Sec. 1125. Special allocation procedures.
‘‘Sec. 1126. Carryover and waiver.
‘‘PART B—EVEN START FAMILY LITERACY PROGRAMS
‘‘Sec. 1201. Statement of purpose.
‘‘Sec. 1202. Program authorized.
‘‘Sec. 1203. State programs.
‘‘Sec. 1204. Uses of funds.
‘‘Sec. 1205. Program elements.
‘‘Sec. 1206. Eligible participants.
‘‘Sec. 1207. Applications.
‘‘Sec. 1208. Award of subgrants.
‘‘Sec. 1209. Evaluation.
‘‘PART C—EDUCATION OF MIGRATORY CHILDREN
‘‘Sec. 1301. Program purpose.
‘‘Sec. 1302. Program authorized.
‘‘Sec. 1303. State allocations.
‘‘Sec. 1304. State applications; services.
‘‘Sec. 1305. Secretarial approval; peer review.
‘‘Sec. 1306. Comprehensive needs assessment and service-delivery plan; author-
ized activities.
‘‘Sec. 1307. Bypass.
‘‘Sec. 1308. Coordination of migrant education activities.
‘‘Sec. 1309. Definitions.
‘‘PART D—EDUCATION OF NEGLECTED AND DELINQUENT YOUTH
‘‘Sec. 1401. Purpose; program authorized.
‘‘Sec. 1402. Eligibility.
‘‘Sec. 1403. Allocation of funds.
‘‘Sec. 1404. State reallocation of funds.
‘‘Sec. 1405. State plan and State agency applications.
‘‘Sec. 1406. Use of funds.
‘‘Sec. 1407. Institution-wide projects.
‘‘Sec. 1408. Three-year projects.
‘‘Sec. 1409. Program evaluations.
‘‘Sec. 1410. Transition services.
‘‘Sec. 1411. Definitions.
‘‘PART E—FEDERAL EVALUATIONS AND DEMONSTRATIONS
‘‘Sec. 1501. Evaluations.
‘‘Sec. 1502. Demonstrations of innovative practices.
‘‘PART F—GENERAL PROVISIONS
‘‘Sec. 1601. State administration.
‘‘TITLE II—IMPROVING TEACHING AND LEARNING
‘‘PART A—DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT
PROGRAM
‘‘Sec. 2101. Findings.
‘‘Sec. 2102. Purposes.
‘‘Sec. 2103. Authorization of appropriations; allocation between subparts.
‘‘Subpart 1—Federal Activities
‘‘Sec. 2111. Program authorized.
‘‘Sec. 2112. Authorized activities.
‘‘Subpart 2—State and Local Activities
‘‘Sec. 2121. Program authorized.
‘‘Sec. 2122. Allocation of funds.
‘‘Sec. 2123. Within-State allocations.
‘‘Sec. 2124. Priority for professional development in mathematics and science.
‘‘Sec. 2125. State applications.
‘‘Sec. 2126. State-level activities.
‘‘Sec. 2127. Local educational agency applications.
‘‘Sec. 2128. Local cost-sharing.
‘‘Sec. 2129. Local allocation of funds and allowable activities.
‘‘Sec. 2130. Higher education activities.
‘‘Subpart 3—General Provisions
‘‘Sec. 2131. Reporting and accountability.
‘‘Sec. 2132. Definitions.
‘‘PART B—SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS
‘‘Sec. 2201. Findings.
‘‘Sec. 2202. Purpose.
‘‘Sec. 2203. Program authorized.
‘‘Sec. 2204. Eligible entities.
‘‘Sec. 2205. Comprehensive regional centers.
‘‘Sec. 2206. Information collection and evaluation.
‘‘Sec. 2207. Transition.
‘‘Sec. 2208. Authorization of appropriations.
‘‘TITLE III—EXPANDING OPPORTUNITIES FOR LEARNING
‘‘PART A—PUTTING TECHNOLOGY TO WORK FOR ALL STUDENTS
‘‘Subpart 1—Research, Development, and Demonstration of Educational
Technology
‘‘Sec. 3111. Findings and purposes.
‘‘Sec. 3112. Office of Educational Technology.
‘‘Sec. 3113. National long-range plan.
‘‘Sec. 3114. Federal leadership.
‘‘Sec. 3115. Authorization of appropriations.
‘‘Subpart 2—Star Schools Program
‘‘Sec. 3121. Findings.
‘‘Sec. 3122. Statement of purpose.
‘‘Sec. 3123. Program authorized.
‘‘Sec. 3124. Eligible entities.
‘‘Sec. 3125. Applications.
‘‘Sec. 3126. Leadership and evaluation activities.
‘‘Sec. 3127. Definitions.
‘‘PART B—FUND FOR THE IMPROVEMENT OF EDUCATION
‘‘Sec. 3201. Fund for the Improvement of Education.
‘‘PART C—JACOB K. JAVITS GIFTED AND TALENTED EDUCATION PROGRAM
‘‘Sec. 3301. Findings and purpose.
‘‘Sec. 3302. Authorized programs.
‘‘Sec. 3303. Program priorities.
‘‘Sec. 3304. National responsibilities.
‘‘Sec. 3305. Authorization of appropriations.
‘‘Sec. 3306. Definitions.
‘‘PART D—CHARTER SCHOOLS
‘‘Sec. 3401. Findings and purpose.
‘‘Sec. 3402. Program authorized.
‘‘Sec. 3403. Applications.
‘‘Sec. 3404. Selection of grantees; waivers.
‘‘Sec. 3405. Uses of funds.
‘‘Sec. 3406. National activities.
‘‘Sec. 3407. Definitions.
‘‘Sec. 3408. Authorization of appropriations.
‘‘PART E—ARTS IN EDUCATION
‘‘Sec. 3501. Support for arts education.
‘‘PART F—INEXPENSIVE BOOK DISTRIBUTION PROGRAM
‘‘Sec. 3601. Inexpensive book distribution program for reading motivation.
‘‘TITLE IV—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
‘‘Sec. 4001. Findings.
‘‘Sec. 4002. Purpose.
‘‘Sec. 4003. Authorization of appropriations.
‘‘PART A—STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION
PROGRAMS
‘‘Sec. 4101. Reservations and allotments.
‘‘Sec. 4102. State Drug and Violence Prevention Coordinating Council.
‘‘Sec. 4103. State applications.
‘‘Sec. 4104. Governor’s programs.
‘‘Sec. 4105. State and local educational agency programs.
‘‘Sec. 4106. Local applications.
‘‘Sec. 4107. Local drug and violence prevention programs.
‘‘Sec. 4108. Evaluation and reporting.
‘‘PART B—POSTSECONDARY DRUG AND VIOLENCE PREVENTION PROGRAMS
‘‘Sec. 4201. Grants to institutions of higher education.
‘‘Sec. 4202. National center.
‘‘PART C—NATIONAL PROGRAMS
‘‘Sec. 4301. Federal activities.
‘‘PART D—GENERAL PROVISIONS
‘‘Sec. 4401. Definitions.
‘‘Sec. 4402. Materials.
‘‘Sec. 4403. Prohibited uses of funds.
‘‘TITLE V—PROMOTING EQUITY
‘‘PART A—MAGNET SCHOOLS ASSISTANCE
‘‘Sec. 5101. Findings.
‘‘Sec. 5102. Statement of purpose.
‘‘Sec. 5103. Program authorized.
‘‘Sec. 5104. Definition.
‘‘Sec. 5105. Eligibility.
‘‘Sec. 5106. Applications and requirements.
‘‘Sec. 5107. Priority.
‘‘Sec. 5108. Use of funds.
‘‘Sec. 5109. Prohibitions.
‘‘Sec. 5110. Limitation on payments.
‘‘Sec. 5111. Authorization of appropriations; reservation.
‘‘PART B—EQUALIZATION ASSISTANCE
‘‘Sec. 5201. Technical and other assistance regarding school finance equity.
‘‘PART C—WOMEN’S EDUCATIONAL EQUITY
‘‘Sec. 5301. Findings.
‘‘Sec. 5302. Statement of purposes.
‘‘Sec. 5303. Program authorized.
‘‘Sec. 5304. Applications.
‘‘Sec. 5305. Criteria and priorities.
‘‘Sec. 5306. Report.
‘‘Sec. 5307. Evaluation and dissemination.
‘‘Sec. 5308. Authorization of appropriations.
‘‘TITLE VI—INDIAN EDUCATION
‘‘Sec. 6001. Findings.
‘‘Sec. 6002. Purpose.
‘‘PART A—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
‘‘Sec. 6101. Purpose.
‘‘Sec. 6102. Grants to local educational agencies.
‘‘Sec. 6103. Amount of grants.
‘‘Sec. 6104. Applications.
‘‘Sec. 6105. Authorized services and activities.
‘‘Sec. 6106. Student eligibility forms.
‘‘Sec. 6107. Payments.
‘‘PART B—DISCRETIONARY PROGRAMS TO IMPROVE EDUCATIONAL
ACHIEVEMENT OF INDIAN CHILDREN
‘‘Sec. 6201. Grants to Indian-controlled schools.
‘‘Sec. 6202. Demonstration grants.
‘‘PART C—PROFESSIONAL DEVELOPMENT AND ADULT EDUCATION
PROGRAMS
‘‘Sec. 6301. Professional development.
‘‘Sec. 6302. Adult education.
‘‘PART D—NATIONAL ACTIVITIES AND GRANTS TO STATES
‘‘Sec. 6401. National activities.
‘‘Sec. 6402. Grants to States.
‘‘PART E—FEDERAL ADMINISTRATION
‘‘Sec. 6501. Office of Indian Education.
‘‘Sec. 6502. National Advisory Council on Indian Education.
‘‘Sec. 6503. Peer review.
‘‘Sec. 6504. Preference for Indian applicants.
‘‘Sec. 6505. Minimum grant criteria.
‘‘PART F—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
‘‘Sec. 6601. Definitions.
‘‘Sec. 6602. Authorizations of appropriations.
‘‘TITLE VII—BILINGUAL EDUCATION PROGRAMS
‘‘Sec. 7001. Findings.
‘‘Sec. 7002. Policy; authorization of appropriations.
‘‘Sec. 7003. Definitions.
‘‘Sec. 7004. Indian children in school.
‘‘PART A—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION
‘‘Sec. 7101. Financial assistance for bilingual education.
‘‘PART B—RESEARCH AND EVALUATION
‘‘Sec. 7201. Use of funds.
‘‘Sec. 7202. Research.
‘‘Sec. 7203. Academic excellence awards.
‘‘Sec. 7204. State grant program.
‘‘Sec. 7205. National Clearinghouse for Bilingual Education.
‘‘Sec. 7206. Evaluations.
‘‘PART C—PROFESSIONAL DEVELOPMENT
‘‘Sec. 7301. Purpose.
‘‘Sec. 7302. Professional development grants.
‘‘Sec. 7303. Fellowships.
‘‘Sec. 7304. Stipends.
‘‘PART D—EMERGENCY IMMIGRANT EDUCATION PROGRAM
‘‘Sec. 7401. Purpose.
‘‘Sec. 7402. Emergency immigrant education grants.
‘‘PART E—ADMINISTRATION
‘‘Sec. 7501. Coordination with related programs.
‘‘Sec. 7502. Report on bilingual education.
‘‘Sec. 7503. State educational agency recommendations; peer review.
‘‘PART F—SPECIAL RULE
‘‘Sec. 7601. Special rule.
‘‘TITLE VIII—IMPACT AID
‘‘Sec. 8001. Findings.
‘‘Sec. 8002. Purpose.
‘‘Sec. 8003. Payments for eligible children.
‘‘Sec. 8004. Policies and procedures for children residing on Indian lands.
‘‘Sec. 8005. Applications for payments under section 8003.
‘‘Sec. 8006. Sudden and substantial increases in attendance of military depend-
ents.
‘‘Sec. 8007. Construction.
‘‘Sec. 8008. Minimum school facilities assisted by the Secretary.
‘‘Sec. 8009. State consideration of payments in providing State aid.
‘‘Sec. 8010. Federal administration.
‘‘Sec. 8011. Administrative hearings and judicial review.
‘‘Sec. 8012. Definitions.
‘‘Sec. 8013. Authorization of appropriations.
‘‘TITLE IX—GENERAL PROVISIONS
‘‘PART A—DEFINITIONS
‘‘Sec. 9101. Definitions.
‘‘Sec. 9102. Applicability of this title.
‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER
FUNDS
‘‘Sec. 9201. Consolidation of State administrative funds for elementary and sec-
ondary education programs.
‘‘Sec. 9202. Single local educational agency States.
‘‘Sec. 9203. Consolidation of funds for local administration.
‘‘Sec. 9204. Administrative funds study.
‘‘Sec. 9205. Consolidated set-aside for Department of the Interior funds.
‘‘Sec. 9206. Schoolwide programs.
‘‘Sec. 9207. Availability of unneeded program funds.
‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL
APPLICATIONS
‘‘Sec. 9301. Purpose.
‘‘Sec. 9302. Optional consolidated State application.
‘‘Sec. 9303. General applicability of State educational agency assurances.
‘‘Sec. 9304. Consolidated local applications.
‘‘Sec. 9305. Other general assurances.
‘‘PART D—WAIVERS
‘‘Sec. 9401. Waivers of statutory and regulatory requirements.
‘‘PART E—UNIFORM PROVISIONS
‘‘Sec. 9501. Maintenance of effort.
‘‘Sec. 9502. Prohibition regarding State aid.
‘‘Sec. 9503. Participation by private school children and teachers.
‘‘Sec. 9504. Standards for by-pass.
‘‘Sec. 9505. Complaint process for participation of private school children.
‘‘Sec. 9506. By-pass determination process.
‘‘Sec. 9507. Prohibition against funds for religious worship or instruction.
‘‘PART F—OTHER PROVISIONS
‘‘Sec. 9601. State recognition of exemplary performance.
‘‘Sec. 9604. International education activities.
‘‘TITLE I—HELPING CHILDREN IN NEED MEET
HIGH STANDARDS
‘‘DECLARATION OF POLICY AND STATEMENT OF PURPOSE
‘‘SEC. 1001. (a) STATEMENT
OF
POLICY.—The
Congress declares it to be the policy of the United States
that a high-quality education for all citizens and a fair
and equal opportunity to obtain that education—
‘‘(1) are a societal good necessary for creating
a vibrant future for our complex and diverse democ-
racy and for meeting the challenge of an internation-
ally competitive economy;
‘‘(2) are a private good because individual op-
portunity is greatly enhanced by one’s being well
educated;
‘‘(3) are a moral imperative in our society; sim-
ple justice demands that the opportunity to acquire
skills and knowledge deemed necessary for basic citi-
zenship and economic opportunity be equally avail-
able to all; and
‘‘(4) improve the life of every citizen, because
the quality of our individual lives ultimately depends
on the quality of the lives of others.
‘‘(b) RECOGNITION OF NEED.—The Congress recog-
nizes that—
‘‘(1) although the achievement gap between dis-
advantaged children and other children has been re-
duced by half over the past two decades, a sizeable
gap remains, and many segments of our society lack
the opportunity to become well educated;
‘‘(2) the most urgent need for educational im-
provement is in schools with high concentrations of
children from low-income families. Achieving the Na-
tional Education Goals will not be possible without
substantial improvement in these schools;
‘‘(3) educational needs are particularly great for
low-achieving children in our highest-poverty schools,
children with limited English proficiency, children of
migrant workers, Indian children, children who are
neglected or delinquent, and young children and
their parents who are in need of family-literacy serv-
ices; and
‘‘(4) while title I and other programs funded
under this Act have contributed to narrowing the
achievement gap between children in high-poverty
and low-poverty schools, they need to become even
more effective in improving high-poverty schools in
order to help enable all children to achieve high
standards.
‘‘(c) WHAT HAS BEEN LEARNED.—To enable schools
to provide all children a high-quality education, this title
builds upon what has been learned:
‘‘(1) All children can master challenging con-
tent and complex problem-solving skills; research
clearly shows that children, including low-achieving
children, can succeed when expectations are high
and they are given the opportunity to learn challeng-
ing material.
‘‘(2) Piecemeal reform, particularly when not
tied to an overall vision of teaching to, and helping
all children reach, high standards, does not work.
‘‘(3) Use of low-level tests that are not aligned
with schools’ curricula fails to provide adequate in-
formation about what children know and can do and
encourages curricula and instruction that focus on
low-level skills measured by those tests.
‘‘(4) Resources are less effective when they
serve children through such practices as pull-out
programs, instead of ensuring that children have full
access to effective regular school programs and re-
ceive supplemental help through extended-time ac-
tivities.
‘‘(5) The disproven theory that children must
first learn basic skills before engaging in more com-
plex tasks continues to dominate strategies for class-
room instruction, resulting in emphasis on repetitive
drill and practice at the expense of content-rich in-
struction, accelerated curricula, and effective teach-
ing to high standards.
‘‘(6) Intensive and sustained professional devel-
opment for teachers and other school staff—focused
on teaching and learning and on helping children at-
tain high standards—is too often not provided.
‘‘(7) Insufficient attention and resources are di-
rected toward the effective use of technology in
schools and the role it can play in professional devel-
opment and improved teaching and learning.
‘‘(8) All parents can contribute to their chil-
dren’s success by helping at home and becoming
partners with teachers so that children can achieve
high standards.
‘‘(9) Decentralized decisionmaking is a key in-
gredient of systemic reform. Schools need the re-
sources, flexibility, and responsibility to design and
implement effective strategies for bringing their chil-
dren to high levels of performance and should accept
responsibility to do so.
‘‘(10) Opportunities for students to achieve to
high standards can be enhanced through a variety of
approaches such as public school choice and charter
schools.
‘‘(11) Attention to academics alone cannot en-
sure that all children will reach high standards. The
health and other needs of children that affect learn-
ing are frequently unmet, particularly in high-pov-
erty schools, thereby necessitating coordination of
services to better meet children’s needs.
‘‘(12) Resources provided under this title have
not been adequately targeted on the highest-poverty
school districts and schools that have children most
in need.
‘‘(d) STATEMENT OF PURPOSE.—The purpose of this
title is to enable schools to provide opportunities for chil-
dren served to acquire the knowledge and skills contained
in the rigorous State content standards and to meet the
challenging State performance standards developed for all
children under the Goals 2000: Educate America Act or,
in their absence, under this title. This purpose shall be
accomplished by—
‘‘(1) ensuring high standards for all children
and aligning the efforts of States, local educational
agencies, and schools to help children served under
this title to reach them;
‘‘(2) providing children an enriched and acceler-
ated educational program through schoolwide pro-
grams or through additional services that increase
the amount and quality of instructional time so that
children served under this title receive at least all
the classroom instruction that other children receive;
‘‘(3) promoting schoolwide reform and ensuring
access of children—from the earliest grades—to ef-
fective instructional strategies and challenging aca-
demic content that includes intensive complex think-
ing and problem-solving experiences;
‘‘(4) significantly upgrading the quality of cur-
ricula and instruction by providing staff in partici-
pating schools with substantial opportunities for in-
tensive and sustained professional development;
‘‘(5) coordinating services under all parts of
this title with each other, with other educational
services, and, to the extent feasible, with health and
social service programs funded from other sources;
‘‘(6) affording parents meaningful opportunities
to participate in the education of their children at
home and at school;
‘‘(7) distributing resources, in amounts suffi-
cient to make a difference, to areas where needs are
greatest;
‘‘(8) improving accountability, as well as teach-
ing and learning, by using State assessment systems
designed to measure how well children are achieving
high State standards of performance expected of all
children; and
‘‘(9) providing greater decisionmaking authority
and flexibility to schools in exchange for greater re-
sponsibility for student performance.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 1002. Appropriations are authorized for the
following programs and activities under this title:
‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For
the purpose of carrying out part A of this title, other than
section 1117(e) and sections 1118(b)(1), (b)(2), and (e),
there are authorized to be appropriated $7,000,000,000
for fiscal year 1995 and such sums as may be necessary
for each of the fiscal years 1996 through 2004.
‘‘(b) EVEN START.—For the purpose of carrying out
part B of this title, there are authorized to be appro-
priated such sums as may be necessary for each of the
fiscal years 1995 through 2004.
‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For
the purpose of carrying out part C of this title, there are
authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 1995 through 2004.
‘‘(d) EDUCATION FOR NEGLECTED OR DELINQUENT
YOUTH.—For the purpose of carrying out part D of this
title, there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 1995
through 2004.
‘‘(e) CAPITAL EXPENSES.—For the purpose of carry-
ing out section 1117(e) of this title, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 1995 through 2004.
‘‘(f) SCHOOL IMPROVEMENT.—For the purpose of
carrying out the activities authorized in sections
1118(b)(1), (b)(2), and (e) of this title, there are author-
ized to be appropriated such sums as may be necessary
for each of the fiscal years 1995 through 2004.
‘‘(g) FEDERAL ACTIVITIES.—(1) For the purpose of
carrying out section 1501 of this title, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 1995 through 2004.
‘‘(2) For the purpose of carrying out section 1502
of this title, there are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 1995
through 2004.
‘‘PART A—MAKING HIGH-POVERTY SCHOOLS WORK
‘‘Subpart 1—Basic Program Requirements
‘‘STATE PLANS
‘‘SEC. 1111. (a) PLANS REQUIRED.—(1) Any State
desiring to receive a grant under this part shall submit
to the Secretary a plan, developed in consultation with
local educational agencies, teachers, administrators, and
parents, that—
‘‘(A) is integrated with the State’s plan, either
approved or being developed, under title III of the
Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already ad-
dressed by that State plan; or
‘‘(B) if the State does not have an approved
plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan, is
integrated with other State plans under this Act and
satisfies the requirements of this section.
‘‘(2) A State plan submitted under paragraph (1)(A)
may, if necessary, be submitted as an amendment to the
State’s plan under title III of the Goals 2000: Educate
America Act.
‘‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—
(1)(A) Each State plan shall contain a description of the
high-quality standards for all children that will be used
by the State, its local educational agencies, and its schools
to carry out this Act, which shall include—
‘‘(i) challenging content standards in the core
academic subjects that—
‘‘(I) specify what all children are expected
to know and be able to do; and
‘‘(II) contain coherent and rigorous con-
tent; and
‘‘(ii) challenging performance standards that—
‘‘(I) are aligned with the State’s content
standards;
‘‘(II) describe two levels of high perform-
ance—‘proficient’ and ‘advanced’—that deter-
mine how well children are mastering the mate-
rial in the content standards; and
‘‘(III) include a third benchmark below
proficient, if necessary, to provide complete in-
formation about the progress of the lower-per-
forming children toward achieving to the high
‘proficient’ and ‘advanced’ performance stand-
ards.
‘‘(B) If a State has not adopted challenging content
and performance standards in all of its core academic sub-
jects, the State plan shall include content and performance
standards for elementary and secondary school children in
those core subjects that it has adopted (which must in-
clude at least mathematics and reading/language arts),
and the State shall add other content and performance
standards as it adopts them under a schedule that it shall
include in the State plan.
‘‘(2)(A) Each State plan shall include a description,
based on assessments described under paragraph (3), of
what constitutes adequate yearly progress of—
‘‘(i) any school served under this part toward
enabling all children to meet the State’s ‘proficient’
and ‘advanced’ performance standards; and
‘‘(ii) any local educational agency that receives
funds under this part toward enabling all children
within its jurisdiction to meet the State’s ‘proficient’
and ‘advanced’ performance standards.
‘‘(B) Adequate yearly progress shall be defined in a
manner that results in continuous and substantial yearly
improvement of each school and local educational agency
toward the goal of all children meeting the State’s chal-
lenging ‘advanced’ performance standards.
‘‘(3) Each State plan shall include a description of
the set of high-quality, yearly student assessments that
will be used as the primary means of determining the year-
ly performance of each local educational agency and school
served under this part in enabling all children to meet the
State’s performance standards. These assessments shall—
‘‘(A) be aligned with the State’s challenging
content and performance standards and provide co-
herent information about student attainment;
‘‘(B) be used for purposes for which they are
valid and reliable and be consistent with relevant,
nationally recognized, professional and technical
standards of assessment;
‘‘(C) be comprised of multiple, up-to-date meas-
ures of student performance;
‘‘(D) include, except under the most extreme
conditions, children with disabilities and limited
English proficient children who, to the extent prac-
ticable, shall be assessed in the language that will
afford them the greatest opportunity to demonstrate
their proficiency;
‘‘(E) provide individual student scores; and
‘‘(F) provide for disaggregated results for edu-
cationally meaningful categories of children, when
results for those categories would be reliable.
‘‘(4) If a State has adopted challenging content and
performance standards and an aligned set of assessments
for all students under title III of the Goals 2000: Educate
America Act, the State shall use those standards and as-
sessments, modified, if necessary, to conform with the re-
quirements of paragraphs (1)(A)(ii), (2), and (3).
‘‘(5)(A) If a State does not have challenging content
and performance standards that meet the requirements of
paragraph (1) or assessments that meet the requirements
of paragraph (3), the State may propose to use, for an
interim period of up to two years, an alternative statewide
set of yearly assessments that the Secretary finds assesses
the performance of complex skills and challenging subject
matter.
‘‘(B)(i) The Secretary, upon the request of a State
and a showing of substantial progress toward meeting the
requirements of paragraphs (1) and (3), may extend for
one year the use of the alternative assessments described
in subparagraph (A).
‘‘(ii) A State that is denied the one-year extension
under clause (i) or is granted such an extension but, after
one additional year, does not have challenging content and
performance standards that meet the requirements of
paragraph (1) or assessments that meet the requirements
of paragraph (3) shall adopt a set of standards and
aligned assessments that are satisfactory to the Secretary,
such as those contained in other State plans the Secretary
has approved.
‘‘(C) For any year during which a State is using an
interim assessment system, the State shall devise a means
for identifying schools and local educational agencies in
need of improvement under section 1118.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING
AND LEARNING.—Each State plan shall also describe—
‘‘(1) the method the State educational agency
will use to implement a system of school support
teams under section 1114(c), including provision of
necessary professional development for those teams;
‘‘(2) the means by which the State educational
agency will work with other agencies and institutions
to provide technical assistance to local educational
agencies and schools to carry out their responsibil-
ities under this part;
‘‘(3) how the State educational agency will ful-
fill its district and school improvement responsibil-
ities under section 1118, including the corrective ac-
tions it will take under section 1118(d)(6); and
‘‘(4) how the State educational agency will en-
courage the use of funds from other Federal, State,
and 
local 
sources 
for 
schoolwide 
reform 
in
schoolwide programs under section 1114.
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
The Secretary shall—
‘‘(1) establish a peer review process to assist in
the review and revision of State plans;
‘‘(2) following an initial peer review, approve a
State plan the Secretary determines meets the re-
quirements of subsections (b) and (c); and
‘‘(3)(A) if the Secretary determines that the
State plan does not meet the requirements of sub-
section (b) or (c), immediately notify the State of
that determination and the reasons for it.
‘‘(B) The Secretary may withhold funds until
he or she determines that the plan meets the re-
quirements.
‘‘(e) DURATION OF THE PLAN.—(1) Each State plan
shall—
‘‘(A) remain in effect for the duration of the
State’s participation under this part; and
‘‘(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State’s
strategies and programs under this part.
‘‘(2) If the State makes significant changes in its
plan, such as the adoption of new content and perform-
ance standards, new assessments, or a new definition of
adequate progress, the State shall submit this information
to the Secretary for approval.
‘‘LOCAL EDUCATIONAL AGENCY PLANS
‘‘SEC. 1112. (a) PLANS REQUIRED.—(1) A local edu-
cational agency may receive a subgrant under this part
for any fiscal year only if it has on file with the State
educational agency a plan, approved by the State edu-
cational agency, that—
‘‘(A) is integrated with the local educational
agency’s plan, either approved or being developed,
under title III of the Goals 2000: Educate America
Act, and satisfies the requirements of this section
that are not already addressed by that plan; or
‘‘(B) if the local educational agency does not
have an approved plan under title III of the Goals
2000: Educate America Act and is not developing
such a plan, is integrated with its other plans under
this Act and satisfies the requirements of this sec-
tion.
‘‘(2) A local educational agency plan submitted under
paragraph (1)(A) may, if necessary, be submitted as an
amendment to its plan under title III of the Goals 2000:
Educate America Act.
‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—
Each local educational agency plan shall include—
‘‘(1) a description of its challenging content and
performance standards, if any, in the core subjects,
in addition to the content and performance stand-
ards adopted by the State under section 1111, that
the local educational agency expects all children to
meet; and
‘‘(2) a description of additional high-quality
student assessments, if any, other than those de-
scribed in the State plan under section 1111, that
the local educational agency and schools served
under this part will use to determine—
‘‘(A) the success of children in schools
served under this part in meeting the State’s
performance standards; and
‘‘(B) what revisions are needed to projects
under this part so that such children will meet
the State’s performance standards.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING
AND LEARNING.—(1) To ensure high-quality instruction
to enable participating children to meet the State’s chal-
lenging performance standards expected of all students,
each local educational agency plan shall describe a coher-
ent strategy for intensive and sustained professional devel-
opment for teachers, administrators, and other staff, in-
cluding district-level staff, that—
‘‘(A) takes into account the needs and activities
across and within schools; and
‘‘(B) draws on resources available under this
part and from other sources.
‘‘(2) Each local educational agency plan shall de-
scribe how the local educational agency will—
‘‘(A) work in consultation with schools as the
schools develop their plans pursuant to section 1114
or 1115 and assist schools as they implement those
plans so that each school can make adequate yearly
progress toward meeting the State’s standards;
‘‘(B) support and encourage schoolwide pro-
grams; and
‘‘(C) fulfill its school improvement responsibil-
ities under section 1118, including the corrective ac-
tions it will take under section 1118(c)(4).
‘‘(3) To address the comprehensive needs of children,
each local educational agency plan shall describe how the
local educational agency will—
‘‘(A) coordinate and integrate services provided
under this part with other educational services, in-
cluding—
‘‘(i) Even Start, Head Start, and other
preschool programs, and school-to-work transi-
tion programs; and
‘‘(ii) services for children with limited Eng-
lish proficiency or with disabilities, migratory
children served under part C of this title, ne-
glected or delinquent children served under part
D of this title, homeless children, and immi-
grant children in order to increase program ef-
fectiveness, eliminate duplication, and reduce
fragmentation of the children’s instructional
program;
‘‘(B) coordinate and collaborate, to the extent
feasible, with other agencies providing services to
children, youth, and families, including, but not lim-
ited to, health and social services; and
‘‘(C) establish a procedure to ensure that all
children in participating elementary schools in which
the percentage of children from low-income families
is 50 percent or more receive, at a minimum, two
health screenings during the elementary school years
at appropriate intervals based on reasonable pedi-
atric standards. Funds under this part may be used
to provide such health screenings only if funds from
other public or private sources, including, but not
limited to, Medicaid; Early Periodic Screening, Diag-
nosis, and Treatment (EPSDT); private insurance;
or other community health resources, are not rea-
sonably available to pay for such screening.
‘‘(4) The local educational agency plan shall also in-
clude a description of—
‘‘(A) the poverty criteria that will be used to se-
lect school attendance areas under section 1113;
‘‘(B) the multiple criteria that will be used by
targeted assistance schools under section 1115 to
identify children eligible for services under this part;
‘‘(C) a general description of the nature of the
programs to be conducted by its schools under sec-
tions 1114 and 1115 and services outside those
schools for children living in local institutions for ne-
glected or delinquent children and for eligible home-
less children; and
‘‘(D) a description of how the local educational
agency will provide services to eligible children at-
tending private elementary and secondary schools in
accordance with section 1117, and how timely and
meaningful consultation with private school officials
regarding such services will occur.
‘‘(d) PLAN DEVELOPMENT AND DURATION.—Each
local educational agency plan shall be—
‘‘(1) developed in consultation with teachers
and parents of children in schools served under this
part; and
‘‘(2) periodically reviewed and revised, as nec-
essary, to reflect changes in the local educational
agency’s strategies and programs.
‘‘(e) STATE
APPROVAL.—The State educational
agency shall approve a local educational agency’s plan only
if the State educational agency determines that the plan
will enable schools served under this part to substantially
help all children served meet the State’s challenging per-
formance standards expected of all children.
‘‘(f) PROGRAM RESPONSIBILITY.—The local edu-
cational agency plan shall reflect the shared responsibility
of schools and the local educational agency in making deci-
sions required under sections 1114 and 1115.
‘‘ELIGIBLE SCHOOL ATTENDANCE AREAS
‘‘SEC. 1113. (a) GENERAL.—(1)(A)(i) A local edu-
cational agency shall use funds received under this part
only in school attendance areas with high concentrations
of children from low-income families, hereafter in this sec-
tion referred to as ‘eligible school attendance areas’.
‘‘(ii) For the purposes of this part—
‘‘(I) ‘school attendance area’ means, in relation
to a particular school, the geographical area in
which the children who are normally served by that
school reside; and
‘‘(II) ‘eligible school attendance area’ means a
school attendance area in which the percentage of
children from low-income families is at least as high
as the percentage of children from low-income fami-
lies in the local educational agency as a whole.
‘‘(B) If funds allocated in accordance with subsection
(c) are insufficient to serve all eligible school attendance
areas, a local educational agency shall—
‘‘(i) annually rank, without regard to grade
spans, its eligible school attendance areas in which
the concentration of children from low-income fami-
lies exceeds 75 percent from highest to lowest ac-
cording to the percentage of children from low-in-
come families; and
‘‘(ii) serve such eligible school attendance areas
in rank order.
‘‘(C) If funds remain after serving all eligible school
attendance areas under subparagraph (B), a local edu-
cational agency shall—
‘‘(i) annually rank its remaining eligible school
attendance areas from highest to lowest either by
grade span or for the entire local educational agency
according to the percentage of children from low-in-
come families; and
‘‘(ii) serve such eligible school attendance areas
in rank order either within each grade-span group-
ing or within the local educational agency as a
whole.
‘‘(2) The local educational agency shall use the same
measure of low income, which it shall choose on the basis
of the best available data and which may be a composite
of several indicators, with respect to all school attendance
areas in the local educational agency to—
‘‘(A) identify eligible school attendance areas;
‘‘(B) determine the ranking of each area; and
‘‘(C) determine allocations under subsection (c).
‘‘(3) This subsection shall not apply to a local edu-
cational agency with a total enrollment of less than 1,000
children.
‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—
Notwithstanding subsection (a)(1), a local educational
agency may—
‘‘(1) designate as eligible any school attendance
area or school in which at least 50 percent of the
children are from low-income families;
‘‘(2) use funds received under this part in a
school that is not in an eligible school attendance
area, if the percentage of children from low-income
families enrolled in the school is equal to or greater
than the percentage of such children in a participat-
ing school attendance area of such agency; and
‘‘(3)(A) skip an eligible school attendance area
or eligible school that has a higher percentage of
children from low-income families if—
‘‘(i) the school meets the comparability re-
quirements of section 1119(c);
‘‘(ii) the school is receiving supplemental
funds from other State or local sources that are
spent according to the requirements of section
1114 or 1115; and
supplemental State and local funds expended in that
school attendance area or school for programs that meet
the requirements of section 1114 or 1115.
‘‘(3) A local educational agency shall reserve such
funds as are necessary under this part to provide services
comparable to those provided to children in schools funded
under this part to serve—
‘‘(A) eligible homeless children who do not at-
tend participating schools, including providing edu-
cationally related support services to children in
shelters, where appropriate; and
‘‘(B) children living in local institutions for ne-
glected or delinquent children.
‘‘SCHOOLWIDE PROGRAMS
‘‘SEC. 1114. (a) USE OF FUNDS FOR SCHOOLWIDE
PROGRAMS.—(1) A local educational agency may use
funds under this part, in combination with other Federal,
State, and local funds, to upgrade the entire educational
program in an eligible school if, for the initial year of the
schoolwide program, the school meets the following cri-
teria:
‘‘(A) For school year 1995–96—
‘‘(i) the school serves an eligible school at-
tendance area in which at least 65 percent of
the children are from low-income families; or
‘‘(ii) at least 65 percent of the children en-
rolled in the school are from such families.
‘‘(B) For school year 1996–97 and thereafter,
the percentage requirement in subparagraphs (A) (i)
and (ii) shall be 50 percent.
‘‘(2)(A) No schoolwide program school shall be re-
quired to identify particular children as eligible to partici-
pate or to provide supplemental services to them.
‘‘(B) A schoolwide program school shall use such
funds only to supplement the amount of funds that would,
in the absence of funds under this part, be made available
from non-Federal sources for the school, including funds
needed to provide services that are required by law for
children with disabilities and children with limited English
proficiency.
‘‘(3) A school may use funds received under any non-
competitive, formula-grant program administered by the
Secretary, except such a program under the Individuals
With Disabilities Education Act, and any discretionary
program contained on a list (updated as necessary) issued
by the Secretary to support a schoolwide program, not-
withstanding any provision of the statute or regulations
governing any such program.
‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—
(1) A schoolwide program shall include the following com-
ponents:
‘‘(A) A comprehensive needs assessment of the
entire school that is based on information on the
performance of children in relation to the State’s
standards.
‘‘(B) Schoolwide reform strategies that—
‘‘(i) provide opportunities for all children
to meet the State’s ‘proficient’ and ‘advanced’
performance standards expected of all children;
‘‘(ii) are based on research on effective
means of improving the achievement of chil-
dren;
‘‘(iii) use effective instructional strategies
that increase the amount and quality of learn-
ing time and help provide an enriched and ac-
celerated curriculum rather than remedial drill
and practice;
‘‘(iv) address the needs of all children in
the school, but particularly the needs of low-
achieving children, children with limited English
proficiency, children from migratory families,
and children who are members of the target
population of any program that is included in
the schoolwide program, and how the school will
determine if those needs have been met; and
‘‘(v) are consistent with, and are designed
to implement, the State and local reform plans,
if any, approved under title III of the Goals
2000: Educate America Act.
‘‘(C) Instruction by highly qualified professional
staff.
‘‘(D) Intensive and sustained professional devel-
opment for teachers, principals, and other staff to
enable all children in the school to meet the State’s
performance standards.
‘‘(E) Parental involvement in accordance with
section 1116.
‘‘(F) Additionally, in schools serving children
beyond grade six, in coordination with funds avail-
able from other programs and, as appropriate, draw-
ing on private and public organizations—
‘‘(i) counseling and mentoring services;
‘‘(ii) college and career awareness and
preparation, such as college and career guid-
ance, enhancement of employability skills, and
job placement services; and
‘‘(iii) services to prepare students for the
transition from school to work.
‘‘(2)(A) Any eligible school that desires to operate a
schoolwide program shall first develop, in consultation
with the local educational agency, a comprehensive plan
for reforming the total instructional program in the school
that—
‘‘(i) incorporates the components described in
paragraph (1);
‘‘(ii) describes how the school will use resources
under this part and from other sources to implement
those components;
‘‘(iii) includes a list of State and local edu-
cational agency programs and other Federal pro-
grams under paragraph (a)(3) that will be included
in the schoolwide program; and
‘‘(iv) describes how the school will provide indi-
vidual student assessment results, including an in-
terpretation of those results, to the parents of any
child who participates in the assessment required by
section 1111(b)(3).
‘‘(B) Plans developed before a State has adopted
standards and a set of assessments that meet the criteria
in section 1111(b) (1) and (3) shall be based on an analy-
sis of available data on the achievement of students in the
school and a review of the school’s instructional practices
in the context of available research on effective instruc-
tional and school improvement practices.
‘‘(C) The comprehensive plan shall be—
‘‘(i) developed over a one-year period, unless—
‘‘(I) the local educational agency, based on
the recommendation of the school support team
under subsection (c), determines that less time
is needed to develop and implement the
schoolwide program; or
‘‘(II) the school is operating a schoolwide
program at the time this section takes effect, in
which case it may continue to operate that pro-
gram, but shall develop a new plan during the
first year to reflect the provisions of this sec-
tion;
‘‘(ii) developed with the involvement of the com-
munity to be served and those individuals who will
carry it out, including teachers, principals, other
staff, parents, and, if the plan relates to a secondary
school, students from the school;
‘‘(iii) reviewed and revised, as necessary, by the
school; and
‘‘(iv) available to the local educational agency,
parents, and the public. The information contained
therein shall be translated, to the extent feasible,
into any language that a significant percentage of
the parents of participating children in the school
speak as their primary language.
‘‘(c) SCHOOL SUPPORT TEAMS.—(1) Each State edu-
cational agency shall establish a system of school support
teams to provide information and assistance to each
schoolwide program to ensure that schoolwide programs
provide the opportunity for all children to meet the State’s
challenging performance standards.
‘‘(2) Each such team shall be composed of persons,
including teachers, knowledgeable about research and
practice on teaching and learning, particularly about strat-
egies for improving the educational opportunities for low-
achieving children.
‘‘(3) A school support team shall work with each
school as it develops its schoolwide program plan, review
the merits of each plan, and make recommendations to
the school and the local educational agency.
‘‘(4) During the operation of the schoolwide program,
a school support team shall—
‘‘(A) periodically review the progress of the
school in enabling children in the school to meet the
State’s performance standards;
‘‘(B) identify problems in the design and oper-
ation of the instructional program; and
‘‘(C) make suggestions for improvement to the
school and the local educational agency.
‘‘(5) Funds available for State administration and for
local educational agencies under this part may be used to
pay the costs of the school support teams.
‘‘TARGETED ASSISTANCE SCHOOLS
‘‘SEC. 1115. (a) GENERAL.—In all schools selected
to participate under section 1113 that are ineligible for
a schoolwide program, or that choose not to operate a
schoolwide program, a local educational agency may use
funds received under this part only for programs that pro-
vide services to eligible children identified as having the
greatest need for special assistance.
‘‘(b) ELIGIBLE CHILDREN—(1)(A) The eligible popu-
lation for services under this part is—
‘‘(i) those children up to age 21 who are enti-
tled to a free public education through grade 12;
and
‘‘(ii) those children who are not yet at a grade
level where the local educational agency provides a
free public education, yet are of an age at which
they can benefit from an organized instructional pro-
gram provided in a school or other educational set-
ting.
‘‘(B) From the population described in subparagraph
(A), eligible children are children identified by the school
as failing, or most at risk of failing, to meet the State’s
challenging performance standards on the basis of mul-
tiple, educationally related, objective criteria established
by the local educational agency and supplemented by the
school, except that children from preschool through grade
two shall be selected solely on the basis of such criteria
as teacher judgment, interviews with parents, and devel-
opmentally appropriate measures.
‘‘(2)(A)(i) Children receiving services to overcome a
disability or limited English proficiency are eligible for
services under this part on the same basis as other chil-
dren selected to receive services under this part.
‘‘(ii) Funds received under this part may not be used
to provide services that are otherwise required by law to
be made available to such children.
‘‘(B) A child who, at any time in the previous two
years, received services under the program for neglected
and delinquent children under part D of this title (or its
predecessor authority) is eligible for services under this
part.
‘‘(C) A local educational agency shall use funds re-
ceived under this part to serve eligible homeless children
who attend any school in the local educational agency.
‘‘(c) COMPONENTS
OF
A TARGETED ASSISTANCE
SCHOOL PROGRAM.—(1) To assist targeted assistance
schools and local educational agencies to meet their re-
sponsibility to provide for all their students the oppor-
tunity to meet the State’s challenging performance stand-
ards, each targeted assistance program under this section
shall—
‘‘(A) use its resources under this part to help
participating children meet the challenging perform-
ance standards expected for all children;
‘‘(B) be based on research on effective means
for improving achievement of children;
‘‘(C) 
use 
effective 
instructional 
strategies
that—
‘‘(i) give primary consideration to provid-
ing extended learning time;
‘‘(ii) involve an accelerated, high-quality
curriculum, rather than remedial drill and prac-
tice; and
‘‘(iii) minimize removing children from the
regular classroom for instruction provided
under this part;
‘‘(D) be coordinated with and support the regu-
lar program in providing an enriched and acceler-
ated curriculum for eligible children;
‘‘(E) provide instruction by highly qualified pro-
fessional staff;
‘‘(F) provide opportunities for intensive and
sustained professional development with resources
under this part and from other sources for adminis-
trators and for teachers and other school staff who
work with participating children in programs under
this section or in the regular education program;
‘‘(G) provide opportunities for parental involve-
ment in accordance with section 1116; and
‘‘(H) include, additionally, in schools serving
children beyond grade six, in coordination with
funds available from other programs and, as appro-
priate, drawing on private and public organiza-
tions—
‘‘(i) counseling and mentoring;
‘‘(ii) college and career awareness and
preparation, such as college and career guid-
ance, enhancement of employability skills, and
job placement services; and
‘‘(iii) services to prepare students for the
transition from school to work.
‘‘(2)(A) Each school conducting a program under this
section shall develop, in consultation with the local edu-
cational agency, a plan to assist participating children to
meet the State’s ’proficient’ and ’advanced’ performance
standards that describes—
‘‘(i) the selection of children to participate in
accordance with subsection (b);
‘‘(ii) the program to be conducted that incor-
porates the components described in paragraph (1)
and how the resources provided under this part will
be coordinated with other resources to enable the
children served to meet the State’s standards;
‘‘(iii) how the school will review, on an ongoing
basis, the progress of participating children and re-
vise the program, if necessary, to provide additional
assistance to enable such children to meet the
State’s challenging performance standards;
‘‘(iv) how the school will provide individual stu-
dent assessment results, including an interpretation
of those results, to the parents of any child who par-
ticipates in the assessment required by section
1111(b)(3); and
‘‘(v) if the school is eligible to operate a
schoolwide program under section 1114, why it did
not choose to do so.
‘‘(B) Plans developed before a State has adopted
standards and a set of assessments that meet the criteria
of section 1111(b)(1) and (3) shall be based on an analysis
of available data on the achievement of participating chil-
dren and a review of the school’s instructional practices
in the context of available research on effective instruc-
tional practices.
‘‘(C) Each plan shall be—
‘‘(i) developed with the involvement of the com-
munity to be served and those individuals who will
carry it out, including teachers, administrators,
other staff, parents, and, if the plan relates to a sec-
ondary school, students from the school;
‘‘(ii) available to the local educational agency,
parents, and the public, and the information con-
tained therein shall be translated, to the extent fea-
sible, into any language that a significant percentage
of the parents of participating children in the school
speak as their primary language; and
‘‘(iii) reviewed and revised, as necessary, by the
school.
‘‘(d) ASSIGNMENT OF PERSONNEL.—To promote the
integration of staff supported with funds under this part
and children served under this part into the regular school
program and overall school planning and improvement ef-
forts, public school personnel who are paid with funds re-
ceived under this part may—
‘‘(1) assume limited duties that are assigned to
similar personnel who are not so paid, including du-
ties beyond classroom instruction or that do not ben-
efit participating children so long as the amount of
time spent on these duties is the same proportion of
total work time as prevails with respect to similar
personnel at the same school;
‘‘(2) participate in general professional develop-
ment and school planning activities; and
‘‘(3) collaboratively teach with regular class-
room teachers, so long as their efforts directly bene-
fit participating children.
‘‘PARENTAL INVOLVEMENT
‘‘SEC. 1116. (a) LOCAL
EDUCATIONAL
AGENCY
POLICY.—(1) Each local educational agency that receives
funds under this part shall develop jointly with, and make
available to, parents of participating children a written
parent involvement policy that is incorporated into the
local educational agency’s plan developed under section
1112, establishes the expectations for parent involvement,
and describes how the local educational agency will—
‘‘(A) involve parents in the development of the
plan described under section 1112, and the process
of school review and improvement described under
section 1118;
‘‘(B) provide the coordination, technical assist-
ance, and other support necessary to assist partici-
pating schools in planning and implementing effec-
tive parent involvement;
‘‘(C) build the schools’ and parents’ capacity for
strong parent involvement as described in subsection
(e);
‘‘(D) coordinate and integrate parent involve-
ment strategies in this part with those under other
programs; and
‘‘(E) ensure that participating schools review
their parent involvement activities on an ongoing
basis and use the findings of the reviews in design-
ing strategies for school improvement.
‘‘(2) If the local educational agency has a district-
level parental involvement policy that applies to all par-
ents, it may amend that policy, if necessary, to meet the
requirements of this subsection.
‘‘(b) SCHOOL PARENTAL INVOLVEMENT PLAN.—(1)
Each school served under this part shall jointly develop
with, and make available to, parents of participating chil-
dren a written parent involvement plan that shall be incor-
porated into the school plan developed under section 1114
or 1115 and shall describe the means for carrying out the
requirements of subsections (c) through (f).
‘‘(2) If the school has a parental involvement policy
that applies to all parents, it may amend that policy, if
necessary, to meet the requirements of this subsection.
‘‘(c) POLICY INVOLVEMENT.—Each school served
under this part shall—
‘‘(1) convene an annual meeting, at a conven-
ient time, to which all parents of participating chil-
dren shall be invited and encouraged to attend, to
inform parents of their school’s participation under
this part and to explain this part, its requirements,
and their right to be involved;
‘‘(2) involve parents, in an organized, ongoing,
and timely way, in the planning, review, and im-
provement of programs under this part, including
the development of the school plan under section
1114 or 1115. If a school has in place a process for
involving parents in the planning and design of its
programs, the school may use that process, provided
that it includes an adequate representation of par-
ents of participating children; and
‘‘(3) provide parents of participating children—
‘‘(A) timely information about programs
under this part;
‘‘(B) school performance profiles required
under section 1118(a)(2);
‘‘(C) opportunities for regular meetings to
formulate suggestions, if such parents so desire;
and
‘‘(D) 
timely 
responses 
to 
their 
rec-
ommendations.
‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STU-
DENT PERFORMANCE.—As a component of the school-
level parental involvement plan developed under subsection
(b), each school served under this part shall jointly develop
with parents for all children a school-parent compact that
outlines how parents, the entire school staff, and students
will share the responsibility for improved student achieve-
ment and the means by which the school and parents will
build and develop a partnership to help children achieve
the State’s high standards. Such compact shall—
‘‘(1) describe the school’s responsibility to pro-
vide high-quality curriculum and instruction in a
supportive and effective learning environment that
enable the children to meet the State’s challenging
performance standards, and the ways in which each
parent will be responsible for supporting his or her
children’s learning, including monitoring attendance,
homework completion, television watching, and posi-
tive use of extracurricular time; and
‘‘(2) address the importance of communication
between teachers and parents on an ongoing basis
through at least—
‘‘(A) parent-teacher conferences in elemen-
tary schools, at least annually, during which the
compact shall be discussed as it relates to the
individual child’s achievement;
‘‘(B) frequent reports to parents on their
children’s progress; and
‘‘(C) reasonable access to staff and obser-
vation of classroom activities.
‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To
ensure effective involvement of parents and to support a
partnership among the school, parents, and the commu-
nity to improve student achievement, each school and local
educational agency shall—
‘‘(1) provide assistance to participating parents
in such areas as understanding the National Edu-
cation Goals, the State’s content and performance
standards, State and local assessments, the require-
ments of this part, and how to monitor their chil-
dren’s progress and work with educators to improve
the performance of their children;
‘‘(2) provide materials and training, including
necessary literacy training that is not otherwise
available from other sources to help parents work
with their children to improve their children’s
achievement;
‘‘(3) educate teachers, principals and other staff
in the value and utility of contributions of parents,
and in how to reach out to, communicate with, and
work with parents as equal partners, implement and
coordinate parent programs, and build ties between
home and school; and
‘‘(4) develop appropriate roles for community-
based organizations and businesses in parent in-
volvement activities, including providing information
about opportunities for them to work with parents
and schools.
‘‘(f) ACCESSIBILITY.—In carrying out the parental
involvement requirements of this part, local educational
agencies and schools shall, to the extent practicable, pro-
vide full opportunities for participation to parents with
limited English proficiency or with disabilities, including
providing information in a language and form they under-
stand.
‘‘PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS
‘‘SEC. 1117. (a) GENERAL REQUIREMENT.—(1) To
the extent consistent with the number of eligible children
identified according to section 1115(b) in a local edu-
cational agency who are enrolled in private elementary and
secondary schools, a local educational agency shall, after
timely and meaningful consultation with appropriate pri-
vate school officials, provide such children, on an equitable
basis, special educational services or other benefits under
this part.
‘‘(2) The educational services or other benefits, in-
cluding materials and equipment, must be secular, neutral,
and nonideological.
‘‘(3) Educational services and other benefits for such
private school children shall be equitable in comparison to
services and other benefits for public school children par-
ticipating under this part.
‘‘(4) Expenditures for educational services and other
benefits to eligible private school children shall be equal
to the proportion of funds allocated to participating school
attendance areas based on the number of children from
low-income families who attend private schools.
‘‘(5) The local educational agency may provide such
services directly or through contracts with public and pri-
vate agencies, organizations, and institutions.
‘‘(b) CONSULTATION.—(1) To ensure timely and
meaningful consultation, a local educational agency shall
consult with appropriate private school officials during the
design and development of the agency’s programs under
this part, on issues such as—
‘‘(A) how the children’s needs will be identified;
‘‘(B) what services will be offered;
that bears the same ratio to the amount so appropriated
as the number of private school children who received serv-
ices under this part in the State in the most recent year
for which data satisfactory to the Secretary are available
bears to the number of such children in all States in that
same year.
‘‘(B) The Secretary shall reallocate any amounts allo-
cated under subparagraph (A) that are not used by a
State for the purpose of this subsection to other States
on the basis of their respective needs, as determined by
the Secretary.
‘‘(2)(A) A local educational agency may apply to the
State educational agency for payments for capital ex-
penses consistent with this subsection.
‘‘(B) State educational agencies shall distribute such
funds to local educational agencies based on the degree
of need set forth in their respective applications.
‘‘(3) Any funds appropriated to carry out this sub-
section shall be used only for capital expenses incurred to
provide equitable services for private school children under
this section.
‘‘(4) For the purpose of this subsection, the term
‘capital expenses’ is limited to—
‘‘(A) expenditures for noninstructional goods
and services, such as the purchase, lease, or renova-
tion of real and personal property, including, but not
limited to, mobile educational units and leasing of
neutral sites or spaces;
‘‘(B) insurance and maintenance costs;
‘‘(C) transportation; and
‘‘(D) other comparable goods and services.
‘‘ASSESSMENT AND SCHOOL AND DISTRICT IMPROVEMENT
‘‘SEC. 1118. (a) LOCAL REVIEW.—Each local edu-
cational agency receiving funds under this part shall—
‘‘(1) use the State assessments described in the
State plan and any additional measures described in
the local educational agency’s plan to review annu-
ally the progress of each school served under this
part to determine whether the school is meeting, or
making adequate progress as defined in section
1111(b)(2)(A)(i) toward enabling its students to
meet, the State’s performance standards;
‘‘(2) publicize and disseminate to teachers, par-
ents, students, and the community the results of the
annual review under paragraph (1) of all schools
served under this part in individual school perform-
ance profiles that include disaggregated results as
required by section 1111(b)(3)(F); and
‘‘(3) provide the results of the local annual re-
view to schools so that they can continually refine
the program of instruction to help all children in
those schools meet the State’s high performance
standards.
‘‘(b) DISTINGUISHED SCHOOLS.—(1) Each State
shall designate as a Distinguished School—
‘‘(A) any school served under this part that, for
three consecutive years, has exceeded the State’s
definition of adequate progress as defined in section
1111(b)(2)(A)(i); and
‘‘(B) any school in which virtually all students
have met the State’s ‘advanced’ performance stand-
ards.
‘‘(2)(A) A State shall use funds available under sec-
tion 1002(f) to recognize Distinguished Schools, including
making monetary awards.
‘‘(B) Funds awarded to a Distinguished School may
be used by the school to further its educational program
under this part, provide additional incentives for continued
success, and reward individuals or groups in the school
for past performance.
‘‘(3) A local educational agency may also recognize
the success of a Distinguished School by providing addi-
tional institutional and individual rewards, such as greater
decisionmaking authority at the school building level, in-
creased access to resources or supplemental services such
as summer programs that may be used to sustain or in-
crease success, additional professional development oppor-
tunities, opportunities to participate in special projects,
and individual financial bonuses.
‘‘(4) Schools designated as Distinguished Schools
under paragraph (1) may serve as models and provide ad-
ditional assistance to other schools served under this part
that are not making adequate progress.
‘‘(c) SCHOOL
IMPROVEMENT.—(1) A local edu-
cational agency shall identify for school improvement any
school served under this part that—
‘‘(A) has been in program improvement under
section 1020 of chapter 1 of title I of the Elemen-
tary and Secondary Education Act of 1965, as in ef-
fect before the effective date of the Improving Amer-
ica’s Schools Act of 1993, for at least two consecu-
tive school years prior to that date;
‘‘(B) has not made adequate progress as de-
fined 
in 
the 
State’s 
plan 
under 
section
1111(b)(2)(A)(i) for two consecutive school years
and if it does not have virtually all students meeting
the State’s ‘advanced’ performance standards; or
‘‘(C) has failed to meet the criteria established
by the State through its interim procedure under
section 1111(b)(5)(C) for two consecutive years.
‘‘(2)(A) Each school identified under paragraph (1)
shall—
‘‘(i) in consultation with parents, the local edu-
cational agency, and, for schoolwide programs, the
school support team, revise its school plan under
section 1114 or 1115 in ways that have the greatest
likelihood of improving the performance of partici-
pating children in meeting the State’s performance
standards; and
‘‘(ii) submit the revised plan to the local edu-
cational agency for approval.
‘‘(B) During the first year immediately following
identification under paragraph (1), the school shall imple-
ment its revised plan.
‘‘(3) For each school identified under paragraph (1),
the local educational agency shall provide technical assist-
ance as the school develops and implements its revised
plan.
‘‘(4)(A) The local educational agency may take cor-
rective action at any time against a school that has been
identified under paragraph (1), but, during the third year
following identification under paragraph (1), shall take
such action against any school that still fails to make ade-
quate progress.
‘‘(B) Corrective actions are those listed in the local
educational agency plan, which may include, but are not
limited to, decreasing decisionmaking authority at the
school level; making alternative governance arrangements
such as the creation of a charter school; reconstituting the
school staff; withholding funds; and authorizing students
to transfer, including paying transportation costs, to other
schools in the local educational agency.
‘‘(5) The State educational agency shall—
‘‘(A) make assistance from Distinguished Edu-
cators under subsection (e) available to the schools
farthest from meeting the State’s standards, if re-
quested by the school or local educational agency;
and
‘‘(B) if it determines that a local educational
agency failed to carry out its responsibility under
paragraphs (3) and (4), take such corrective actions
that it deems appropriate.
‘‘(6) Schools that for at least two of the three years
following identification under paragraph (1) make ade-
quate progress toward meeting the State’s ‘proficient’ and
‘advanced’ performance standards no longer need to be
identified for school improvement.
‘‘(B) has failed to meet the criteria established
by the State through its interim procedure under
section 1111(b)(5)(C) for two consecutive years.
‘‘(4) Each local educational agency identified under
paragraph (3) shall, in consultation with schools, parents,
and educational experts, revise its district-level plan under
section 1112 in ways that have the greatest likelihood of
improving the performance of its schools in meeting the
State’s performance standards.
‘‘(5) For each local educational agency identified
under paragraph (3), the State educational agency shall—
‘‘(A) provide technical assistance to better en-
able the local educational agency to develop and im-
plement its revised plan and work with schools need-
ing improvement; and
‘‘(B) make available to the districts farthest
from meeting the State’s standards, if requested, as-
sistance from Distinguished Educators under sub-
section (e).
‘‘(6)(A) The State educational agency may take cor-
rective action at any time against a local educational agen-
cy that has been identified under paragraph (3), but, dur-
ing the fourth year following identification under para-
graph (3), shall take such action against any local edu-
cational agency that still fails to make adequate progress.
‘‘(B) Corrective actions are those listed in the local
educational agency plan, which may include, but are not
limited to, reconstitution of district personnel; appoint-
ment by the State educational agency of a receiver or
trustee to administer the affairs of the local educational
agency in place of the superintendent and school board;
removal of particular schools from the jurisdiction of the
local educational agency and establishment of alternative
arrangements for governing and supervising such schools;
the abolition or restructuring of the local educational
agency; authorizing students to transfer from one local
educational agency to another, including paying the cost
of transportation; and the withholding of funds.
‘‘(7) Local educational agencies that for at least two
of the three years following identification under paragraph
(3) make adequate progress toward meeting the State’s
standards no longer need to be identified for district im-
provement.
‘‘(e) DISTINGUISHED EDUCATORS.—(1) In order to
provide assistance to schools and local educational agen-
cies identified as needing improvement under subsection
(c) or (d), each State, using funds available under section
1002(f), shall establish a corps of Distinguished Edu-
cators.
‘‘(2) When possible, these Distinguished Educators
shall be chosen from schools served under this part that
have been especially successful in enabling children to
meet or make outstanding progress toward meeting the
State’s performance standards, such as those schools de-
scribed in subsection (b).
‘‘(3) Distinguished Educators shall provide, upon re-
quest, intensive and sustained assistance to the schools
and districts farthest from meeting the State’s standards
as they revise and implement their plans.
‘‘(4) If the State has devised an alternative approach
to providing such intensive and sustained assistance to
schools and districts farthest from meeting the State’s
standards, this approach shall meet the requirements of
this subsection subject to the approval of the Secretary
as part of the State plan.
‘‘(f) STATE ALLOCATIONS FOR SCHOOL IMPROVE-
MENT.—From the amount appropriated under section
1002(f) for any fiscal year, each State shall be eligible to
receive an amount that bears the same ratio to the amount
appropriated as the amount allocated to the State under
sections 1123 and 1124 bears to the total amount allo-
cated to all States under those sections, except that each
State shall receive at least $180,000, or $30,000 in the
case of Guam, American Samoa, the Virgin Islands, the
Northern Marianas, and Palau (until the Compact of Free
Association goes into effect).
‘‘FISCAL REQUIREMENTS
‘‘SEC. 1119. (a) MAINTENANCE
OF EFFORT.—A
local educational agency may receive funds under this part
for any fiscal year only if the State educational agency
finds that the local educational agency has maintained its
fiscal effort in accordance with section 9501 of this Act.
‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP-
PLANT, NON-FEDERAL FUNDS.—(1)(A) Except as pro-
vided in subparagraph (B), a State or local educational
agency shall use funds received under this part only to
supplement the amount of funds that would, in the ab-
sence of such Federal funds, be made available from non-
Federal sources for the education of pupils participating
in programs assisted under this part, and not to supplant
such funds.
‘‘(B) For the purpose of complying with subpara-
graph (A), a State or local educational agency may exclude
supplemental State and local funds expended in any eligi-
ble school attendance area or school for programs that
meet the requirements of section 1114 or 1115.
‘‘(2) No local educational agency shall be required to
provide services under this part through a particular in-
structional method or in a particular instructional setting
in order to demonstrate its compliance with paragraph (1).
‘‘(c) COMPARABILITY OF SERVICES.—(1)(A) Except
as provided in paragraphs (4) and (5), a local educational
agency may receive funds under this part only if State
and local funds will be used in schools served under this
part to provide services that, taken as a whole, are at least
comparable to services in schools that are not receiving
funds under this part.
‘‘(B) If the local educational agency is serving all of
its schools under this part, such agency may receive funds
under this part only if it will use State and local funds
to provide services that, taken as a whole, are substantially
comparable in each school.
‘‘(C) A local educational agency may meet the re-
quirements of subparagraphs (A) and (B) on a grade-span
by grade-span basis or a school-by-school basis.
‘‘(2)(A) To meet the requirements of paragraph (1),
a local educational agency shall demonstrate that—
‘‘(i) expenditures per pupil from State and local
funds in each school served under this part are equal
to or greater than the average expenditures per
pupil in schools not receiving services under this
part; or
‘‘(ii) instructional salaries per pupil from State
and local funds in each school served under this part
are equal to or greater than the average instruc-
tional salaries per pupil in schools not receiving serv-
ices.
‘‘(B) A local educational agency need not include un-
predictable changes in student enrollment or personnel as-
signments that occur after the beginning of a school year
in determining comparability of services under this sub-
section.
‘‘(3) Each local educational agency shall—
‘‘(A) develop procedures for compliance with
this subsection; and
‘‘(B) maintain records that are updated bienni-
ally documenting its compliance.
‘‘(4) This subsection shall not apply to a local edu-
cational agency that does not have more than one building
for each grade span.
‘‘(5) For the purpose of determining compliance with
paragraph (1), a local educational agency may exclude
State and local funds expended for—
‘‘(A) bilingual education for children of limited
English proficiency; and
‘‘(B) excess costs of providing services to chil-
dren with disabilities.
‘‘Subpart 2—Allocations
‘‘GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR
‘‘SEC. 1121. (a) RESERVATION OF FUNDS.—From
the amount appropriated for payments to States for any
fiscal year under section 1002(a), the Secretary shall re-
serve a total of up to 0.8 percent to provide assistance
to—
‘‘(1) the outlying areas on the basis of their re-
spective need for such assistance according to such
criteria as the Secretary determines will best carry
out the purpose of this part; and
‘‘(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection
(b).
‘‘(b) ALLOTMENT TO THE SECRETARY OF THE INTE-
RIOR.—(1) The amount allotted for payments to the Sec-
retary of the Interior under subsection (a)(2) for any fiscal
year shall be, as determined pursuant to criteria estab-
lished by the Secretary, the amount necessary to meet the
special educational needs of—
‘‘(A) Indian children on reservations served by
elementary and secondary schools for Indian chil-
dren operated or supported by the Department of
the Interior; and
‘‘(B) out-of-State Indian children in elementary
and secondary schools in local educational agencies
under special contracts with the Department of the
Interior.
‘‘(2) From the amount allotted for payments to the
Secretary of the Interior under subsection (a)(2), the Sec-
retary of the Interior shall make payments to local edu-
cational agencies, upon such terms as the Secretary of
Education determines will best carry out the purposes of
this part, with respect to out-of-State Indian children de-
scribed in paragraph (1). The amount of such payment
may not exceed, for each such child, the greater of—
‘‘(A) 40 percent of the average per-pupil ex-
penditure in the State in which the agency is lo-
cated; or
‘‘(B) 48 percent of such expenditure in the
United States.
‘‘ALLOCATIONS TO STATES
‘‘SEC. 1122. (a) GENERAL.—After reserving funds
under section 1121(a), the Secretary shall allocate the re-
maining funds appropriated under section 1002(a) to
States as follows:
‘‘(1) 50 percent of such funds shall be allocated
for basic grants in accordance with section 1123.
‘‘(2) 50 percent of such funds shall be allocated
for concentration grants in accordance with section
1124.
‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP-
PROPRIATIONS.—(1) If the sums available under sub-
section (a) for any fiscal year are insufficient to pay the
full amounts that all counties in States are eligible to re-
ceive under sections 1123 and 1124 for such year, the Sec-
retary shall ratably reduce the allocations to such counties,
subject to subsections (c) and (d) of this section.
‘‘(2) If additional funds become available for making
payments under sections 1123 and 1124 for such fiscal
year, allocations that were reduced under paragraph (1)
shall be increased on the same basis as they were reduced.
‘‘(c) HOLD-HARMLESS AMOUNTS.—Notwithstanding
subsection (b), the total amount made available to each
county under sections 1123 and 1124 for any fiscal year
shall be at least 85 percent of the total amount such coun-
ty was allocated under such sections (or, for fiscal year
1995, their predecessor authorities) for the preceding fis-
cal year.
‘‘(d) STATE MINIMUM.—Notwithstanding any other
provision of this part, from the total amount available for
any fiscal year to carry out sections 1123 and 1124, each
State shall be allotted at least the lesser of—
‘‘(1) one quarter of one percent of such
amount; or
‘‘(2) the amount it was allotted under such sec-
tions (or, for fiscal year 1995, under their prede-
cessor authorities) for the previous year increased or
decreased, as the case may be, by the same percent-
age by which such total amount appropriated for
those sections increased or decreased from the pre-
vious year.
‘‘(e) DEFINITION—For the purpose of this section
and sections 1123 through 1125, the term ‘State’ means
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
‘‘BASIC GRANTS
‘‘SEC. 1123. (a) ELIGIBILITY
OF
COUNTIES.—A
county in a State is eligible for a basic grant under this
section for any fiscal year only if the number of children
in the county counted under subsection (c)(1)(A) is at
least—
‘‘(1) 100; or
‘‘(2) 18 percent of the total number of children
aged five through 17 in the county.
‘‘(b) GRANTS FOR COUNTIES, THE DISTRICT OF CO-
LUMBIA, AND PUERTO RICO.—(1) The amount of the
grant that a county in a State or that the District of Co-
lumbia is eligible to receive under this section for any fis-
cal year shall be the product of—
‘‘(A) the number of children counted under sub-
section (c); and
‘‘(B) 40 percent of the average per-pupil ex-
penditure in the State, except that such percentage
shall not be less than 32 percent nor more than 48
percent of the average per-pupil expenditure in the
United States.
‘‘(2) For each fiscal year, the amount of the grant
for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to—
‘‘(A) the number of children counted under sub-
section (c) for Puerto Rico, multiplied by the prod-
uct of—
‘‘(B)(i) the percentage that the average per-
pupil expenditure in Puerto Rico is of the lowest av-
erage per-pupil expenditure of any of the 50 States;
and
‘‘(ii) 32 percent of the average per-pupil ex-
penditure in the United States.
‘‘(c) CHILDREN TO BE COUNTED.—
‘‘(1) CATEGORIES OF CHILDREN.—The number
of children to be counted for purposes of this section
shall be—
‘‘(A) the total number of children aged five
through 17 in a county—
‘‘(i) from families below the poverty
level, as determined under paragraph
(2)(A);
‘‘(ii) from families above the poverty
level, as determined under paragraph (2)
(B) and (C); and
‘‘(iii) living in institutions for ne-
glected or delinquent children (other than
institutions operated by the United States
and those with children counted under part
D of this title) or being supported in foster
homes with public funds, as determined
under paragraph (2)(C); less
‘‘(B) two percent of the total number of
children aged five through 17 in the county.
‘‘(2) DETERMINATION
OF
NUMBER
OF
CHIL-
DREN.—(A)(i) The Secretary shall determine the
number of children described in paragraph (1)(A)(i)
on the basis of the most recent satisfactory data
available from the Department of Commerce for
counties, the District of Columbia, and Puerto Rico.
‘‘(ii) In making such determinations, the Sec-
retary shall use the criteria of poverty used by the
in the county or counties in which the agencies are located
on the basis of—
‘‘(A) the total number of children aged five
through 17 in the local educational agency—
‘‘(i) in local institutions for neglected or
delinquent children; and
‘‘(ii) from low-income families, as deter-
mined under paragraph (2); less
‘‘(B) two percent of the total number of chil-
dren aged five through 17 in the local educational
agency.
‘‘(2) The State educational agency shall determine
the number of children from low-income families in local
educational agencies—
‘‘(A) based on the best data available on a
Statewide basis; and
‘‘(B) using the same measure of low income
throughout the State.
‘‘(3) The State educational agency shall distribute
funds under this section to each local educational agency
in proportion to the number of children counted under
paragraph (1) in the local educational agency compared
to the number of such children in all local educational
agencies in the county.
‘‘CONCENTRATION GRANTS
‘‘SEC. 1124. (a) ELIGIBILITY OF COUNTIES.—Except
as otherwise provided in this section, a county in a State
is eligible for a grant under this section if—
‘‘(1) the number of children counted under sec-
tion 1123(c)(1)(A) in the county is more than 6,500;
or
‘‘(2) the percentage of children counted under
such section is greater than 18 percent of the total
number of children aged five through 17 in the
county.
‘‘(b) GRANTS FOR COUNTIES, THE DISTRICT OF CO-
LUMBIA, AND PUERTO RICO.—(1) The amount of the
grant that a county in a State or that the District of Co-
lumbia or Puerto Rico is eligible to receive under this sec-
tion for any fiscal year is the product of—
‘‘(A) the number of children counted under sec-
tion 1123(c)(1)(A), minus two percent of the total
number of children aged five through 17 in the
county; and
‘‘(B) the per-pupil amount determined under
section 1123(b) for the fiscal year for which the de-
termination is being made for that county.
‘‘(c) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—
(1)(A) From funds remaining after the State educational
agency reserves any funds under section 1601(c), and ex-
cept as otherwise provided in this subsection and in sec-
tion 1125(d), funds allocated to counties under this sec-
tion shall be allocated by the State educational agency only
to those local educational agencies whose school districts
lie, in whole or in part, within the county and that are
determined by the State educational agency to meet either
of the eligibility criteria in subsection (a).
‘‘(B) Such determinations shall be made on the basis
of the same poverty data used by the State educational
agency under section 1123(d). If the State educational
agency does not use census poverty data to determine eli-
gibility, it must equate the poverty measure it uses to the
latest available census data in order that eligibility is not
affected by differences in sources of poverty data.
‘‘(C) The State educational agency shall distribute
funds under this section to each local educational agency
that is eligible to receive those funds in proportion to the
number of children counted under section 1123(d) in each
local educational agency compared to the number of such
children in all local educational agencies that are eligible
for concentration grants in the county.
‘‘(2)(A) In counties where no local educational agency
meets either of the criteria in subsection (a), the State
educational agency shall allocate such funds among the
local educational agencies within such counties, in whole
or in part, based on their respective concentrations and
numbers of children counted under section 1123(d).
‘‘(B) Only local educational agencies with concentra-
tions of poverty that exceed the countywide average per-
centage of children counted under section 1123(d) or the
countywide average number of such children may receive
any funds on the basis of this paragraph.
‘‘(3) In States that receive the minimum grant under
section 1122(d), the State educational agency shall allo-
cate such funds among the local educational agencies in
such State either—
‘‘(A) in accordance with paragraphs (1) and (2)
of this subsection and section 1125(d); or
‘‘(B) without regard to the counties in which
such local educational agencies are located, based on
their respective concentrations and numbers of chil-
dren counted under section 1123(d), except that
only those local educational agencies with concentra-
tions of children counted under section 1123(d) that
exceed the Statewide average percentage of such
children or the Statewide average number of such
children shall receive any funds on the basis of this
subparagraph.
‘‘(4) A State educational agency may reserve not
more than ten percent of its allocation under this section
to make direct payments to local educational agencies that
meet either of the criteria in subsection (a), but are in
ineligible counties.
‘‘SPECIAL ALLOCATION PROCEDURES
‘‘SEC.1125. (a) HOLD-HARMLESS AMOUNTS.—The
total amount made available to each local educational
agency under sections 1123 and 1124 for any fiscal year
shall be at least 85 percent of the total amount such agen-
cy received under such sections (or, for fiscal year 1995,
under their predecessor authorities) for the preceding fis-
cal year.
‘‘(b) ALLOCATIONS
FOR NEGLECTED
OR DELIN-
QUENT CHILDREN.—(1) If a State educational agency de-
termines that a local educational agency in the State is
unable or unwilling to provide for the special educational
needs of children who are living in institutions for ne-
glected or delinquent children as described in section
1123(c)(1)(A)(ii), the State educational agency shall, if it
assumes responsibility for the special educational needs of
such children, receive the portion of such local educational
agency’s allocation under sections 1123 and 1124 that is
attributable to such children.
‘‘(2) If the State educational agency does not assume
such responsibility, any other State or local public agency
that does assume such responsibility shall receive that por-
tion of the local educational agency’s allocation.
‘‘(c) ALLOCATIONS AMONG LOCAL EDUCATIONAL
AGENCIES.—The State educational agency may allocate
the amounts of grants under sections 1123 and 1124 be-
tween and among the affected local educational agencies
when—
‘‘(1) two or more local educational agencies
serve, in whole or in part, the same geographical
area; or
‘‘(2) a local educational agency provides free
public education for children who reside in the
school district of another local educational agency.
‘‘(d) ALLOCATIONS WITHOUT REGARD
TO COUN-
TIES.—A State educational agency may allocate funds
under sections 1123 and 1124 directly to eligible local
educational agencies without regard to counties if the
State educational agency can demonstrate to the Sec-
retary’s satisfaction that doing so will result in a reason-
able allocation of those funds.
‘‘(e) REALLOCATION.—If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1123 and 1124 is
more than such local agency will use, the State educational
agency shall make the excess amount available to other
local educational agencies in the State that need additional
funds in accordance with criteria established by the State
educational agency.
‘‘CARRYOVER AND WAIVER
‘‘SEC. 1126. (a) LIMITATION ON CARRYOVER.—Not-
withstanding section 412 of the General Education Provi-
sions Act or any other provision of law, not more than
15 percent of the funds allocated to a local educational
agency for any fiscal year under this subpart (but not in-
cluding funds received through any reallocation under this
subpart) may remain available for obligation by such agen-
cy for one additional fiscal year.
‘‘(b) WAIVER.—A State educational agency may,
once every three years, waive the percentage limitation in
subsection (a) if—
‘‘(1) the agency determines that the request of
a local educational agency is reasonable and nec-
essary; or
‘‘(2) supplemental appropriations for this sub-
part become available.
‘‘(c) EXCLUSION.—The percentage limitation under
subsection (a) shall not apply to any local educational
agency that receives less than $50,000 under this subpart
for any fiscal year.
‘‘PART B—EVEN START FAMILY LITERACY PROGRAMS
‘‘STATEMENT OF PURPOSE
‘‘SEC. 1201. It is the purpose of this part to help
break the cycle of poverty and illiteracy by improving the
educational opportunities of the Nation’s low-income fami-
lies by integrating early childhood education, adult literacy
or adult basic education, and parenting education into a
unified family literacy program, to be referred to as ‘Even
Start’, that is implemented through cooperative projects
that build on existing community resources to create a new
range of services, that promotes achievement of the Na-
tional Education Goals, and that assists children and
adults from low-income families to achieve to challenging
State standards.
‘‘PROGRAM AUTHORIZED
‘‘SEC. 1202. (a) RESERVATION FOR MIGRANT PRO-
GRAMS, OUTLYING AREAS, AND INDIAN TRIBES.—In each
fiscal year, the Secretary shall reserve not more than 5
percent of the amount appropriated under section 1002(b)
of this title for programs, under such terms and conditions
as the Secretary shall establish, that are consistent with
the purpose of this part, and according to their relative
needs, for—
‘‘(1) children of migratory workers;
‘‘(2) the outlying areas; and
‘‘(3) Indian tribes and tribal organizations.
‘‘(b) RESERVATION
FOR FEDERAL ACTIVITIES.—
From amounts appropriated under section 1002(b), the
Secretary may reserve not more than three percent of such
amounts or the amount reserved for such purposes in the
fiscal year 1994, whichever is greater, for purposes of—
‘‘(1) carrying out the evaluation required by
section 1209; and
‘‘(2) providing, through grants or contracts,
technical assistance, program improvement, and rep-
lication activities.
‘‘(c) STATE ALLOCATION.—(1) After reserving funds
under subsections (a) and (b), the Secretary shall allocate
the remaining funds appropriated for this part to States,
to be used in accordance with section 1203.
‘‘(2) Except as provided in paragraph (3), from the
total amount available for allocation to States in any fiscal
year, each State shall be eligible to receive a grant under
paragraph (1) in an amount that bears the same ratio to
such total amount as the amount allocated to that State
under section 1122 of this title bears to the total amount
allocated under that section to all the States.
‘‘(3) No State shall receive less than $250,000 under
paragraph (1) for any fiscal year.
‘‘(d) DEFINITIONS.—For the purpose of this part—
‘‘(1) the term ‘eligible entity’ means a partner-
ship composed of both—
‘‘(A) a local educational agency; and
‘‘(B) a nonprofit community-based organi-
zation, public agency, institution of higher edu-
cation, or other public or private nonprofit or-
ganization of demonstrated quality;
‘‘(2) the terms ‘Indian tribe’ and ‘tribal organi-
zation’ have the meanings given such terms in sec-
tion 4 of the Indian Self-Determination and Edu-
cation Assistance Act; and
‘‘(3) the term ‘State’ includes each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘STATE PROGRAMS
‘‘SEC. 1203. (a) STATE-LEVEL ACTIVITIES.—Each
State that receives a grant under section 1202(c)(1) may
use not more than 5 percent of assistance provided under
the grant for the costs of—
‘‘(1) administration; and
‘‘(2) providing, through one or more subgrants
or contracts, technical assistance for program im-
provement and replication to eligible entities that re-
ceive subgrants under subsection (b).
‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—(1) Each
State shall use the remainder of its grant to make
subgrants to eligible entities to carry out Even Start pro-
grams.
‘‘(2) No State shall award a subgrant under para-
graph (1) for an amount less than $75,000.
‘‘USES OF FUNDS
‘‘SEC. 1204. (a) IN GENERAL.—In carrying out an
Even Start program under this part, a recipient of funds
under this part shall use such funds to pay the Federal
share of the cost of providing family-centered education
programs that involve parents and children in a coopera-
tive effort to help parents become full partners in the edu-
cation of their children and to assist children in reaching
their full potential as learners.
‘‘(b) FEDERAL SHARE LIMITATION.—(1)(A) Except
as provided in paragraph (2), the Federal share under this
part may not exceed—
‘‘(i) 90 percent of the total cost of the program
in the first year that that program receives assist-
ance under this part or its predecessor authority;
‘‘(ii) 80 percent in the second such year;
‘‘(iii) 70 percent in the third such year;
‘‘(iv) 60 percent in the fourth such year; and
‘‘(v) 50 percent in any subsequent such year.
‘‘(B) The remaining cost of a program under this
part may be provided in cash or in kind, fairly evaluated,
and may be obtained from any source other than funds
received under this title.
‘‘(2) The State educational agency may waive, in
whole or in part, the cost-sharing requirement of para-
graph (1) if an eligible entity—
‘‘(A) demonstrates that it otherwise would not
be able to participate in the program under this
part; and
‘‘(B) negotiates an agreement with the State
educational agency with respect to the amount of the
remaining cost to which the waiver would be applica-
ble.
‘‘(3) Federal funds under this part may not be used
for the indirect costs of an Even Start program, except
that the Secretary may waive this limitation if a recipient
of funds reserved under section 1202(a)(3) demonstrates
to the Secretary’s satisfaction that it otherwise would not
be able to participate in the program under this part.
‘‘PROGRAM ELEMENTS
‘‘SEC. 1205. Each Even Start program assisted
under this part shall—
‘‘(1) include the identification and recruitment
of those families most in need of services provided
under this part, as indicated by a low level of in-
come, a low level of adult literacy or English lan-
velopmentally appropriate early childhood edu-
cational services, and preparation of children for
success in regular school programs;
‘‘(5) include special training of staff, including
child care staff, to develop the skills necessary to
work with parents and young children in the full
range of instructional services offered through this
part;
‘‘(6) provide and monitor integrated instruc-
tional services to participating parents and children
through home-based programs;
‘‘(7) operate on a year-round basis, including
the provision of some program services, either in-
structional or enrichment, or both, during the sum-
mer months;
‘‘(8) be coordinated with—
‘‘(A) programs assisted under other parts
of this title and this Act;
‘‘(B) any relevant programs under the
Adult Education Act, the Individuals With Dis-
abilities Education Act, and the Job Training
Partnership Act; and
‘‘(C) the Head Start program, volunteer
literacy programs, and other relevant programs;
and
‘‘(9) provide for an independent evaluation of
the program.
‘‘ELIGIBLE PARTICIPANTS
‘‘SEC. 1206. (a) IN GENERAL.—Except as provided
in subsection (b), eligible participants in an Even Start
program are—
‘‘(1) a parent or parents—
‘‘(A) who are eligible for participation in
an adult basic education program under the
Adult Education Act; or
‘‘(B) who are within the State’s compul-
sory school attendance age range, so long as a
local educational agency provides (or ensures
the availability of) the basic education compo-
nent required under this part; and
‘‘(2) the child or children, from birth through
age seven, of any individual described in paragraph
(1).
‘‘(b) ELIGIBILITY
FOR CERTAIN OTHER PARTICI-
PANTS.—(1) Family members other than those described
in subsection (a) may participate in program activities and
services, when deemed by the program to serve the pur-
pose of this part.
‘‘(2) Any family participating in a program under
this part that becomes ineligible for such participation as
a result of one or more members of the family becoming
ineligible for such participation may continue to partici-
pate in the program until all members of the family be-
come ineligible for participation, which—
‘‘(A) in the case of a family in which ineligibil-
ity was due to the child or children of such family
attaining the age of eight, shall be in two years or
when the parent or parents become ineligible due to
educational advancement, whichever occurs first; and
‘‘(B) in the case of a family in which ineligibil-
ity was due to the educational advancement of the
parent or parents of such family, shall be when all
children in the family attain the age of eight.
‘‘APPLICATIONS
‘‘SEC. 1207. (a) SUBMISSION.—To be eligible to re-
ceive a subgrant under this part, an eligible entity shall
submit an application to the State educational agency in
such form and containing or accompanied by such infor-
mation as the State educational agency shall require.
‘‘(b) REQUIRED DOCUMENTATION.—Each applica-
tion shall include documentation, satisfactory to the State
educational agency, that the eligible entity has the quali-
fied personnel needed—
‘‘(1) to develop, administer, and implement an
Even Start program under this part; and
‘‘(2) to provide the special training necessary to
prepare staff for the program.
‘‘(c) PLAN.—Such application shall also include a
plan of operation for the program that is consistent with,
and promotes 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 ap-
proved or being developed, with the State and local plans
under sections 1111 and 1112 of this Act; and includes—
‘‘(1) a description of the program goals;
‘‘(2) a description of the activities and services
that will be provided under the program, including
a description of how the program will incorporate
the program elements required by section 1205;
‘‘(3) a description of the population to be
served and an estimate of the number of partici-
pants;
‘‘(4) as appropriate, a description of the appli-
cant’s collaborative efforts with institutions of higher
education, community-based organizations, the State
educational agency, private elementary schools, or
other appropriate nonprofit organizations in carrying
out the program for which assistance is sought; and
‘‘(5) a statement of the methods that will be
used—
‘‘(A) to ensure that the programs will serve
those families most in need of the activities and
services provided by this part;
‘‘(B) to provide services under this part to
individuals with special needs, such as individ-
uals with limited English proficiency and indi-
viduals with disabilities; and
‘‘(C) to encourage participants to remain
in the program for a time sufficient to meet the
program’s purpose.
‘‘AWARD OF SUBGRANTS
‘‘SEC. 1208. (a) SELECTION
PROCESS.—(1) The
State educational agency shall establish a review panel
that will approve applications that—
‘‘(A) are most likely to be successful in meeting
the purpose of this part, and in effectively imple-
menting the program elements required under sec-
tion 1205;
‘‘(B) demonstrate that the area to be served by
such program has a high percentage or a large num-
ber of children and families who are in need of such
services as indicated by high levels of poverty, illit-
eracy, unemployment, limited English proficiency, or
other need-related indicators, including a high per-
centage of children to be served by the program who
reside in a school attendance area designated for
participation in programs under part A of this title;
‘‘(C) provide services for at least a three-year
age range;
‘‘(D) demonstrate the greatest possible coopera-
tion and coordination between a variety of relevant
service providers in all phases of the program;
‘‘(E) include cost-effective budgets, given the
scope of the application;
‘‘(F) demonstrate the applicant’s ability to pro-
vide the additional funding required by section
1204(b);
‘‘(G) are representative of urban and rural re-
gions of the State; and
‘‘(H) show the greatest promise for providing
models that may be adopted by other local edu-
cational agencies.
‘‘(2) The State educational agency shall give priority
for subgrants under this subsection to proposals that ei-
ther—
‘‘(A) target services primarily to families whose
children reside in attendance areas of schools eligible
for schoolwide programs under part A of this title;
or
‘‘(B) are located in areas designated as
empowerment zones or enterprise communities.
‘‘(b) REVIEW PANEL.—A review panel shall consist
of at least three members, including one early childhood
professional, one adult education professional, and one of
the following individuals:
‘‘(1) A representative of a parent-child edu-
cation organization.
‘‘(2) A representative of a community-based lit-
eracy organization.
‘‘(3) A member of a local board of education.
‘‘(4) A representative of business and industry
with a commitment to education.
‘‘(5) An individual who has been involved in the
implementation of programs under this title in the
State.
‘‘(c) DURATION.—(1) Subgrants may be awarded for
a period not to exceed four years.
‘‘(2) The State educational agency may provide a
subgrantee, at the subgrantee’s request, a 3- to 6-month
start-up period during the first year of the four-year pe-
riod, which may include staff recruitment and training,
and the coordination of services, before requiring full im-
plementation of the program.
‘‘(3)(A) In reviewing any application for a subgrant
to continue a program for the second, third, or fourth
year, the State educational agency shall review the
progress being made toward meeting the objectives of the
program after the conclusion of the start-up period, if any.
‘‘(B) The State educational agency may refuse to
award a subgrant if such agency finds that sufficient
progress has not been made toward meeting such objec-
tives, but only after affording the applicant notice and an
opportunity for a hearing.
‘‘(4)(A) An eligible entity that has previously received
a subgrant under this part may reapply under the terms
of this part for a second project period.
‘‘(B) During the second project period, the Federal
share of the subgrant shall not exceed 50 percent in any
year.
‘‘EVALUATION
‘‘SEC. 1209. From funds reserved under section
1202(b)(1), the Secretary shall provide for an independent
evaluation of programs under this part—
‘‘(1) to determine the performance and effec-
tiveness of programs; and
‘‘(2) to identify effective Even Start projects
that can be replicated and used in providing tech-
nical assistance to national, State, and local pro-
grams.
‘‘PART C—EDUCATION OF MIGRATORY CHILDREN
‘‘PROGRAM PURPOSE
‘‘SEC. 1301. It is the purpose of this part to assist
States to—
‘‘(1) support high-quality and comprehensive
educational programs for migratory children to help
reduce the educational disruptions and other prob-
lems that result from repeated moves;
‘‘(2) ensure that migratory children are pro-
vided with appropriate educational services (includ-
ing supportive services) that address their special
needs in a coordinated and efficient manner;
‘‘(3) ensure that migratory children have the
opportunity to achieve to meet the same challenging
State performance standards that all children are
expected to meet;
‘‘(4) design programs to help migratory chil-
dren overcome educational disruption, cultural and
language barriers, social isolation, various health-re-
lated problems, and other factors that inhibit their
ability to do well in school, and to prepare these chil-
dren to make a successful transition to postsecond-
ary education or employment; and
‘‘(5) ensure that migratory children benefit
from State and local systemic reforms.
100
‘‘PROGRAM AUTHORIZED
‘‘SEC. 1302. In order to carry out the purpose of this
part, the Secretary shall make grants to State educational
agencies, or combinations of such agencies, to establish or
improve, directly or through local operating agencies, pro-
grams of education for migratory children in accordance
with this part.
‘‘STATE ALLOCATIONS
‘‘SEC. 1303. (a) STATE ALLOCATIONS.—Each State
(other than the Commonwealth of Puerto Rico) is eligible
to receive under this part, for each fiscal year, an amount
equal to—
‘‘(1) the sum of the estimated number of migra-
tory children aged three through 21 who reside in
the State full time and the full-time equivalent of
the estimated number of migratory children aged
three through 21 who reside in the State part time,
as determined in accordance with subsection (e);
multiplied by
‘‘(2) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount de-
termined under this paragraph shall not be less than
32 percent, or more than 48 percent, of the average
per-pupil expenditure in the United States.
101
‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal
year, the amount for which the Commonwealth of Puerto
Rico is eligible under this section shall be equal to—
‘‘(1) the number of migratory children in Puer-
to Rico, determined under subsection (a)(1); multi-
plied by
‘‘(2) the product of—
‘‘(A) the percentage that the average per-
pupil expenditure in Puerto Rico is of the low-
est average per-pupil expenditure of any of the
50 States; and
‘‘(B) 32 percent of the average per-pupil
expenditure in the United States.
‘‘(c) RATABLE
REDUCTIONS; REALLOCATIONS.—
(1)(A) If, after the Secretary reserves funds under section
1308(c), the amount appropriated to carry out this part
for any fiscal year is insufficient to pay in full the amounts
for which all States are eligible, the Secretary shall ratably
reduce each such amount.
‘‘(B) If additional funds become available for making
such payments for any fiscal year, the Secretary shall allo-
cate such funds to States in amounts that the Secretary
finds would best carry out the purpose of this part.
‘‘(2)(A) The Secretary shall further reduce the
amount of any grant to a State under this part for any
102
fiscal year if the Secretary determines, based on available
information on the numbers and needs of migratory chil-
dren in the State and the program proposed by the State
to address those needs, that such amount is not needed
by the State.
‘‘(B) The Secretary shall reallocate such excess funds
to other States whose grants under this part would other-
wise be insufficient to provide an appropriate level of serv-
ices to migratory children, in such amounts as the Sec-
retary determines are appropriate.
‘‘(d) CONSORTIUM ARRANGEMENTS.—(1) In the case
of any State that receives a grant of $500,000 or less
under this section, the Secretary shall consult with the
State educational agency to determine whether consortium
arrangements with another State or other appropriate en-
tity would result in delivery of services in a more effective
and efficient manner.
‘‘(2) Any State, irrespective of the amount of its allo-
cation, may propose a consortium arrangement.
‘‘(3) The Secretary shall approve a consortium ar-
rangement under paragraph (1) or (2) if the proposal
demonstrates that the arrangement will—
‘‘(A) reduce administrative costs or program
function costs for State programs; and
103
‘‘(B) make more funds available for direct serv-
ices to add substantially to the welfare or edu-
cational attainment of children to be served under
this part.
‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHIL-
DREN.—In order to determine the estimated number of
migratory children residing in each State for purposes of
this section, the Secretary shall—
‘‘(1) use such information as the Secretary
finds most accurately reflects the actual number of
migratory children; and
‘‘(2) adjust the full-time equivalent number of
migratory children who reside in each State to take
account of—
‘‘(A) the special needs of those children
participating in special programs provided
under this part that operate during the summer
or other intersession periods; and
‘‘(B) the additional costs of operating such
programs.
‘‘STATE APPLICATIONS; SERVICES
‘‘SEC. 1304. (a) APPLICATION
REQUIRED.—Any
State wishing to receive a grant under this part for any
fiscal year shall submit an application to the Secretary at
such time and in such manner as the Secretary may re-
quire.
104
‘‘(b) PROGRAM INFORMATION.—Each such applica-
tion shall include—
‘‘(1) a description of how, in planning, imple-
menting, and evaluating programs and projects
under this part, the State and its operating agencies
will ensure that the special educational needs of mi-
gratory children are identified and addressed
through a comprehensive plan for needs assessment
and service delivery that meets the requirements of
section 1306;
‘‘(2) a description of the steps the State is tak-
ing to provide all migratory students with the oppor-
tunity to meet the same challenging State perform-
ance standards that all children are expected to
meet;
‘‘(3) a description of how the State will use its
funds to promote interstate and intrastate coordina-
tion of services for migratory children, including
how, consistent with procedures the Secretary may
require, it will provide for educational continuity
through the timely transfer of pertinent school
records, including information on health, when chil-
dren move from one school to another, whether or
not during the regular school year;
105
‘‘(4) a description of the State’s priorities for
the use of funds received under this part, and how
they relate to the State’s assessment of needs for
services in the State;
‘‘(5) a description of how the State will deter-
mine the amount of any subgrants it will award to
local operating agencies and the amount of funds
that these agencies will provide to individual schools,
taking into account the requirements of paragraph
(1); and
‘‘(6) such budgetary and other information as
the Secretary may require.
‘‘(c) ASSURANCES.—Each such application shall also
include assurances, satisfactory to the Secretary, that—
‘‘(1) funds received under this part will be used
only—
‘‘(A) for programs and projects, including
the acquisition of equipment, in accordance
with section 1306(b)(1); and
‘‘(B) to coordinate such programs and
projects with similar programs and projects
within the State and in other States, as well as
with other Federal programs that can benefit
migratory children and their families;
106
‘‘(2) such programs and projects will be carried
out in a manner consistent with the objectives of
sections 1114, 1115(b) and (d), 1117, and 1119(b)
and (c), and part F of this title;
‘‘(3) in the planning and operation of programs
and projects at both the State and local operating
agency level, there is appropriate consultation with
parent advisory councils for programs lasting a
school year, and that all such programs and projects
are carried out, to the extent feasible, in a manner
consistent with section 1116 of this title;
‘‘(4) in planning and carrying out such pro-
grams and projects, there has been, and will be, ade-
quate provision for addressing the unmet education
needs of preschool migratory children;
‘‘(5) the effectiveness of such programs and
projects will be determined, where feasible, using the
same approaches and standards that will be used to
assess the performance of students, schools, and
local educational agencies under part A of this title;
and
‘‘(6) the State will assist the Secretary in deter-
mining the number of migratory children under sec-
tion 1303(e), through such procedures as the Sec-
retary may require.
107
‘‘(d) PRIORITY FOR SERVICES.—In providing services
with funds received under this part, each recipient of those
funds shall give priority to migratory children who are fail-
ing, or most at risk of failing, to meet the State’s challeng-
ing performance standards, and whose education has been
interrupted during the regular school year.
‘‘(e) CONTINUATION OF SERVICES.—Notwithstand-
ing any other provision of this part—
‘‘(1) a child who ceases to be a migratory child
during a school term shall be eligible for services
until the end of such term; and
‘‘(2) a child who is no longer a migratory child
may continue to receive services for one additional
school year, but only if comparable services are not
available through other programs.
‘‘SECRETARIAL APPROVAL; PEER REVIEW
‘‘SEC. 1305. (a) SECRETARIAL APPROVAL.—The Sec-
retary shall approve each State application that meets the
requirements of this part.
‘‘(b) PEER REVIEW.—The Secretary may review any
such application with the assistance and advice of State
officials and other individuals with relevant expertise.
‘‘COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES
‘‘SEC. 1306. (a) COMPREHENSIVE
PLAN.—Each
State that receives a grant under this part shall ensure
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that the State and its local operating agencies identify and
address the special educational needs of migratory chil-
dren in accordance with a comprehensive State plan
that—
‘‘(1)(A) is integrated with the State’s plan, ei-
ther approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies
the requirements of this subsection that are not al-
ready addressed by that State plan; or
‘‘(B) if the State does not have an approved
plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan, is
integrated with other State plans under this Act and
satisfies the requirements of this subsection;
‘‘(2) provides that migratory children will have
an opportunity to meet the same challenging State
performance standards, set out in those plans, that
all children are expected to meet;
‘‘(3) specifies measurable program goals and
outcomes;
‘‘(4) encompasses the full range of services that
are available for migratory children from appropriate
local, State and Federal educational programs;
‘‘(5) is the product of joint planning among
such local, State, and Federal programs, including
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those under part A of this title, early childhood pro-
grams, and bilingual education programs under title
VII of this Act;
‘‘(6) provides for the integration of services
available under this part with services provided by
such other programs; and
‘‘(7) to the extent feasible, provides for—
‘‘(A) advocacy and outreach activities for
migratory children and their families, including
informing them of, or helping them gain access
to, other education, health, nutrition, and social
services;
‘‘(B) professional development programs,
including mentoring, for teachers and other
program personnel;
‘‘(C) family literacy programs, including
those that use models developed under the Even
Start program;
‘‘(D) the integration of information tech-
nology into educational and related programs;
and
‘‘(E) programs to facilitate the transition
of high school students to postsecondary edu-
cation or employment.
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‘‘(b) AUTHORIZED ACTIVITIES.—(1) In implementing
the comprehensive plan described in subsection (a), each
local operating agency shall have the flexibility to deter-
mine the activities to be provided with funds made avail-
able under this part, provided that—
‘‘(A) before funds provided under this part are
used to provide services described in subparagraph
(B), those funds shall be used to meet the identified
needs of migratory children that—
‘‘(i) result from the effects of their migra-
tory lifestyle, or are needed to permit migratory
children to participate effectively in school; and
‘‘(ii) are not addressed by services provided
under other programs, including part A of this
title; and
‘‘(B) all migratory children who are eligible to
receive services under part A of this title shall re-
ceive such services with funds provided under this
part or under part A of this title.
‘‘(2) This subsection shall not apply to funds under
this part that are used for schoolwide programs under sec-
tion 1114 of this title.
‘‘BYPASS
‘‘SEC. 1307. The Secretary may use all or part of
any State’s allocation under this part to make arrange-
ments with any public or nonprofit agency to carry out
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the purpose of this part in such State if the Secretary
determines that—
‘‘(1) the State is unable or unwilling to conduct
educational programs for migratory children;
‘‘(2) such arrangements would result in more
efficient and economic administration of such pro-
grams; or
‘‘(3) such arrangements would add substantially
to the welfare or educational attainment of such
children.
‘‘COORDINATION OF MIGRANT EDUCATION ACTIVITIES
‘‘SEC. 1308. (a) IMPROVEMENT
OF
COORDINA-
TION.—The Secretary, in consultation with the States,
may make grants to, or enter into contracts with, State
educational agencies, local educational agencies, institu-
tions of higher education, and other public and private en-
tities to improve the interstate and intrastate coordination
among State and local educational agencies of their edu-
cational programs, including the establishment or im-
provement of programs for credit accrual and exchange,
available to migratory students.
‘‘(b) REPORT.—Not later than October 1, 1995, the
Secretary shall submit a report to the Congress regarding
the effectiveness of methods used by States to transfer mi-
gratory students’ educational and health records.
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‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of
carrying out this section, the Secretary shall reserve up
to 5 percent of the amount appropriated for each fiscal
year to carry out this part.
‘‘DEFINITIONS
‘‘SEC. 1309. As used in this part, the following terms
have the following meanings:
‘‘(1) The term ‘local operating agency’ means—
‘‘(A) a local educational agency to which a
State educational agency makes a subgrant
under this part;
‘‘(B) a public or nonprofit private agency
with which a State educational agency or the
Secretary makes an arrangement to carry out a
project under this part; or
‘‘(C) a State educational agency, if the
State educational agency operates the State’s
migrant education program or projects directly.
‘‘(2) The term ‘migratory child’ means a child
who is, or whose parent or spouse is, a migratory
agricultural worker (including a migratory dairy
worker) or a migratory fisher, and who, in the pre-
ceding 24 months, in order to obtain, or accompany
such parent or spouse in order to obtain, temporary
or seasonal employment in agricultural or fishing
work—
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‘‘(A) has moved from one school district to
another; or
‘‘(B) in a State that is comprised of a sin-
gle school district, has moved from one adminis-
trative area to another within such district.
‘‘PART D—EDUCATION OF NEGLECTED AND
DELINQUENT YOUTH
‘‘PURPOSE; PROGRAM AUTHORIZED
‘‘SEC. 1401. (a) PURPOSE.—It is the purpose of this
part to—
‘‘(1) improve educational services to children in
institutions for neglected or delinquent children so
that they have the opportunity to meet the same
challenging State performance standards that all
children in the State will be expected to meet; and
‘‘(2) provide those children the services they
need to make a successful transition from institu-
tionalization to further schooling or employment.
‘‘(b) PROGRAM AUTHORIZED.—In order to carry out
the purpose of this part, the Secretary shall make grants
to State educational agencies, which shall make subgrants
to State agencies to establish or improve programs of edu-
cation for neglected or delinquent children, in accordance
with this part.