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‘‘(A) APPLICATION REQUIRED.—No grant
under this subsection may be made except upon
application at such time, in such manner, and
accompanied by such information as the Sec-
retary may reasonably require.
‘‘(B) CONTENTS OF APPLICATION.—Each
application submitted under this paragraph
shall contain provisions—
‘‘(i) to assure that fellowship grants
are made to economically disadvantaged
recent immigrants and students of migrant
parents;
‘‘(ii) to assure that every effort will be
made to ensure the participation of recent
immigrants and students of migrant par-
ents from rural and small town areas, as
well as from urban areas, and that in
awarding fellowships, special consideration
will be given to the participation of recent
immigrants and students of migrant par-
ents with special needs, including individ-
uals with disabilities, ethnic minorities, and
gifted and talented students;
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‘‘(iii) that fully describe the activities
to be carried out with the proceeds of the
grant; and
‘‘(iv) to assure the proper disburse-
ment of the funds received under this sub-
section.
‘‘(e) GENERAL PROVISIONS.—
‘‘(1) ADMINISTRATIVE PROVISIONS.—
‘‘(A) GENERAL
RULE.—Payments under
this section may be made in installments, in ad-
vance, or by way of reimbursement, with nec-
essary adjustments on account of underpayment
or overpayment.
‘‘(B) AUDIT RULE.—The Comptroller Gen-
eral of the United States or any of the Comp-
troller General’s duly authorized representatives
shall have access for the purpose of audit and
examination to any books, documents, papers,
and records that are pertinent to any grant
under this section.
‘‘(f) LIMITATION.—Of the funds appropriated to
carry out this section under section 1002, the Secretary
may use not more than 30 percent to carry out subsection
(c) of this section.
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‘‘SEC. 1504. DROPOUT REPORTING.
‘‘State educational agencies receiving funds under
this title shall annually report to the National Center on
Education Statistics (established under section 403 of the
National Education Statistics Act of 1994 (20 U.S.C.
9002)) on the dropout rate of students in the State, as
defined for the Center’s Common Core of Data.’’.
(b) CONTINUATION OF AWARDS.—Notwithstanding
any other provision of this Act, any person or agency that
was awarded a grant under part G of title X (20 U.S.C.
8161 et seq.) prior to the date of the enactment of this
Act shall continue to receive funds in accordance with the
terms of such award until the date on which the award
period terminates under such terms.
PART F—COMPREHENSIVE SCHOOL REFORM
SEC. 161. SCHOOL REFORM.
Part F of title I is amended to read as follows:
‘‘PART F—COMPREHENSIVE SCHOOL REFORM
‘‘SEC. 1601. COMPREHENSIVE SCHOOL REFORM.
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—Congress finds the following:
‘‘(A) A number of schools across the coun-
try have shown impressive gains in student per-
formance through the use of comprehensive
models for schoolwide change that incorporate
virtually all aspects of school operations.
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‘‘(B) No single comprehensive school re-
form model may be suitable for every school,
however, schools should be encouraged to exam-
ine successful, externally developed comprehen-
sive school reform approaches as they under-
take comprehensive school reform.
‘‘(C) Comprehensive school reform is an
important means by which children are assisted
in meeting challenging State student academic
achievement standards.
‘‘(2) PURPOSE.—The purpose of this section is
to provide financial incentives for schools to develop
comprehensive school reforms, based upon scientif-
ically-based research and effective practices that in-
clude an emphasis on basic academics and parental
involvement so that all children can meet challenging
State content and academic achievement standards.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to provide grants to State educational agencies to
provide subgrants to local educational agencies to
carry out the purpose described in subsection (a)(2).
‘‘(2) ALLOCATION.—
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‘‘(A) RESERVATION.—Of the amount ap-
propriated under this section, the Secretary
may reserve—
‘‘(i) not more than 1 percent for
schools supported by the Bureau of Indian
Affairs and in the United States Virgin Is-
lands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands;
‘‘(ii) not more than 1 percent to con-
duct national evaluation activities de-
scribed under subsection (e); and
‘‘(iii) not more than 2 percent of the
amount appropriated in fiscal year 2002 to
carry out this part, for quality initiatives
described under subsection (f).
‘‘(B) IN
GENERAL.—Of the amount of
funds remaining after the reservation under
subparagraph (A), the Secretary shall allocate
to each State for a fiscal year, an amount that
bears the same ratio to the remainder for that
fiscal year as the amount made available under
section 1124 to the State for the preceding fis-
cal year bears to the total amount allocated
under section 1124 to all States for that year.
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‘‘(C) REALLOCATION.—If a State does not
apply for funds under this section, the Sec-
retary shall reallocate such funds to other
States that do apply in proportion to the
amount allocated to such States under subpara-
graph (B).
‘‘(c) STATE AWARDS.—
‘‘(1) STATE APPLICATION.—
‘‘(A) IN
GENERAL.—Each State edu-
cational agency that desires to receive a grant
under this section shall submit an application to
the Secretary at such time, in such manner and
containing such other information as the Sec-
retary may reasonably require.
‘‘(B) CONTENTS.—Each State application
shall also describe—
‘‘(i) the process and selection criteria
by which the State educational agency,
using expert review, will select local edu-
cational agencies to receive subgrants
under this section;
‘‘(ii) how the agency will ensure that
funds under this part are used only for
comprehensive school reform programs
that—
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‘‘(I) include each of the compo-
nents described in subsection (d)(2);
‘‘(II) have the capacity to im-
prove the academic achievement of all
students in core academic subjects
within participating schools; and
‘‘(III) are supported by technical
assistance providers that have a suc-
cessful track record, financial sta-
bility, and the capacity to deliver
high-quality materials and profes-
sional development for school per-
sonnel.
‘‘(iii) how the agency will disseminate
materials regarding information on com-
prehensive school reforms that are based
on scientifically-based research and effec-
tive practices;
‘‘(iv) how the agency will evaluate an-
nually the implementation of such reforms
and measure the extent to which the re-
forms resulted in increased student aca-
demic performance; and
‘‘(v) how the agency will provide, tech-
nical assistance to the local educational
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agency or consortia of local educational
agencies, and to participating schools, in
evaluating, developing, and implementing
comprehensive school reform.
‘‘(2) USES OF FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (E), a State educational agency
that receives an award under this section shall
use such funds to provide competitive grants to
local educational agencies or consortia of local
educational agencies in the State receiving
funds under part A to support comprehensive
school reforms in schools eligible for funds
under such part.
‘‘(B) GRANT REQUIREMENTS.—A grant to
a local educational agency or consortium shall
be—
‘‘(i) of sufficient size and scope to
support the initial costs of the comprehen-
sive school reforms selected or designed by
each school identified in the application of
the local educational agency or consortium;
‘‘(ii) in an amount not less than
$50,000 to each participating school; and
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‘‘(iii) renewable for two additional 1-
year periods after the initial 1-year grant
is made if schools are making substantial
progress in the implementation of their re-
forms.
‘‘(C) PRIORITY.—The State, in awarding
grants under this paragraph, shall give priority
to local educational agencies that—
‘‘(i) plan to use the funds in schools
identified as being in need of improvement
or corrective action under section 1116(c);
or
‘‘(ii) demonstrate a commitment to
assist schools with budget allocation, pro-
fessional development, and other strategies
necessary to ensure the comprehensive
school reforms are properly implemented
and are sustained in the future.
‘‘(D) GRANT CONSIDERATION.—In making
subgrant awards under this part, the State edu-
cational agency shall take into account the equi-
table distribution of awards to different geo-
graphic regions within the State, including
urban and rural areas, and to schools serving
elementary and secondary students.
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‘‘(E) ADMINISTRATIVE
COSTS.—A State
educational agency that receives a grant award
under this section may reserve not more than 5
percent of such award for administrative, eval-
uation, and technical assistance expenses.
‘‘(F) SUPPLEMENT.—Funds made avail-
able under this section shall be used to supple-
ment, not supplant, any other Federal, State,
or local funds that would otherwise be available
to carry out this section.
‘‘(3) 
REPORTING.—Each 
State 
educational
agency that receives an award under this section
shall provide to the Secretary such information as
the Secretary may require, including the names of
local educational agencies and schools selected to re-
ceive subgrant awards under this section, the
amount of such award, a description of the com-
prehensive school reforms selected and in use and a
copy of the State’s annual evaluation of the imple-
mentation of comprehensive school reforms sup-
ported under this part and student achievement re-
sults.
‘‘(d) LOCAL AWARDS.—
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‘‘(1) IN
GENERAL.—Each local educational
agency or consortium that applies for a subgrant
under this section shall—
‘‘(A) identify which schools eligible for
funds under part A plan to implement a com-
prehensive school reform program, including the
projected costs of such a program;
‘‘(B) describe the comprehensive school re-
forms based on scientifically-based research and
effective practices that such schools will imple-
ment;
‘‘(C) describe how the agency or consor-
tium will provide technical assistance and sup-
port for the effective implementation of the
school reforms based on scientifically-based re-
search and effective practices selected by such
schools; and
‘‘(D) describe how the agency or consor-
tium will evaluate the implementation of such
reforms and measure the results achieved in im-
proving student academic performance.
‘‘(2) COMPONENTS OF THE PROGRAM.—A local
educational agency that receives a subgrant award
under this section shall provide such funds to
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schools that implement a comprehensive school re-
form program that—
‘‘(A) employs proven strategies and proven
methods for student learning, teaching, and
school management that are based on scientif-
ically-based research and effective practices and
have been replicated successfully in similar
schools;
‘‘(B) integrates a comprehensive design for
effective school functioning, including instruc-
tion, assessment, classroom management, pro-
fessional development, parental involvement,
and school management, that aligns the school’s
curriculum, technology, and professional devel-
opment into a comprehensive reform plan for
schoolwide change designed to enable all stu-
dents to meet challenging State content and
challenging student performance standards and
addresses needs identified through a school
needs assessment;
‘‘(C) provides high-quality and continuous
teacher and staff professional development;
‘‘(D) includes measurable goals for student
performance and benchmarks for meeting such
goals;
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‘‘(E) is supported by teachers, principals,
administrators, and other professional staff;
‘‘(F) provides for the meaningful involve-
ment of parents and the local community in
planning and implementing school improvement
activities;
‘‘(G) uses high quality external technical
support and assistance from an entity, which
may be an institution of higher education, with
experience and expertise in schoolwide reform
and improvement;
‘‘(H) includes a plan for the annual eval-
uation of the implementation of school reforms
and the student results achieved;
‘‘(I) identifies how other resources, includ-
ing Federal, State, local, and private resources,
available to the school will be used to coordinate
services to support and sustain the school re-
form effort; and
‘‘(J)(i) has been found, through rigorous
field experiments in multiple sites, to signifi-
cantly improve the academic performance of
students participating in such activity or pro-
gram as compared to similar students in similar
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schools, who have not participated in such ac-
tivity or program; or
‘‘(ii) has been found to have strong evi-
dence that such model will significantly improve
the performance of participating children.
‘‘(3) SPECIAL
RULE.—A school that receives
funds to develop a comprehensive school reform pro-
gram shall not be limited to using nationally avail-
able approaches, but may develop its own com-
prehensive school reform program for schoolwide
change that complies with paragraph (2).
‘‘(e) EVALUATION AND REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall develop
a plan for a national evaluation of the programs de-
veloped pursuant to this section.
‘‘(2) EVALUATION.—This national evaluation
shall evaluate the implementation and results
achieved by schools after 3 years of implementing
comprehensive school reforms, and assess the effec-
tiveness of comprehensive school reforms in schools
with diverse characteristics.
‘‘(3) REPORTS.—Prior to the completion of a
national evaluation, the Secretary shall submit an
interim report outlining first year implementation
activities to the Committees on Education and the
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Workforce and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of
the Senate.
‘‘(f) QUALITY INITIATIVES.—The Secretary, through
grants or contracts, shall provide funds for the following
activities:
‘‘(1) TECHNICAL ASSISTANCE.—A joint public
and private partnership that receives matching funds
from private organizations, in order to assist States,
local educational agencies, and schools in making in-
formed decisions when approving or selecting pro-
viders of comprehensive school reform, consistent
with the requirements described in subsection (d)(3).
‘‘(2) 
OTHER
ACTIVITIES.—Other 
activities
that—
‘‘(A) encourage the development of com-
prehensive reform models;
‘‘(B) build the capacity of comprehensive
school reform providers to increase the number
of schools the providers can serve; and
‘‘(C) ensure that schools served receive
high quality services that meet the needs of
their teachers and students.’’.
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PART G—RURAL EDUCATION FLEXIBILITY AND
ASSISTANCE
SEC. 171. RURAL EDUCATION.
Title I is amended by adding at the end the following
new part:
‘‘PART G—RURAL EDUCATION FLEXIBILITY AND
ASSISTANCE
‘‘SEC. 1701. SHORT TITLE.
‘‘This part may be cited as the ‘Rural Education Ini-
tiative Act’.
‘‘SEC. 1702. FINDINGS.
‘‘Congress finds the following:
‘‘(1) While there are rural education initiatives
identified at the State and local level, no Federal
education policy focuses on the specific and unique
needs of rural school districts and schools.
‘‘(2) Small school districts often cannot use
Federal grant funds distributed by formula because
the formula allocation does not provide enough rev-
enue to carry out the program the grant is intended
to fund.
‘‘(3) Rural schools often cannot compete for
Federal funding distributed by competitive grants
because the schools lack the personnel needed to
prepare grant applications and the resources to hire
specialists in the writing of Federal grant proposals.
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‘‘(4) A critical problem for rural school districts
involves the hiring and retention of qualified admin-
istrators and certified teachers (especially in read-
ing, science, and mathematics). As a result, teachers
in rural schools are almost twice as likely to provide
instruction in three or more subject areas than
teachers in urban schools. Rural schools also face
other tough challenges, such as shrinking local tax
bases, high transportation costs, aging buildings,
limited course offerings, and limited resources.
‘‘Subpart 1—Rural Education Flexibility
‘‘SEC. 1711. FORMULA GRANT PROGRAM AUTHORIZED.
‘‘(a) ALTERNATIVE USES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, an eligible local educational agency
may use the applicable funding, that the agency is
eligible to receive from the State educational agency
for a fiscal year, to carry out local activities author-
ized in part A of title I, part A of title II, part A
of title III, part A of title IV, or part A or B of title
V.
‘‘(2) NOTIFICATION.—An eligible local edu-
cational agency shall notify the State educational
agency of the local educational agency’s intention to
use the applicable funding in accordance with para-
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graph (1) not later than a date that is established
by the State educational agency for the notification.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A local educational agency
shall be eligible to use the applicable funding in ac-
cordance with subsection (a) if—
‘‘(A)(i) the total number of students in av-
erage daily attendance at all of the schools
served by the local educational agency is less
than 600; and
‘‘(ii) all of the schools served by the local
educational agency are designated with a school
locale code of 7 or 8 as determined by the Sec-
retary of Education; or
‘‘(B) the agency meets the criteria estab-
lished in subparagraph (A)(i) and the Sec-
retary, in accordance with paragraph (2),
grants the local educational agency’s request to
waive the criteria described in subparagraph
(A)(ii).
‘‘(2) CERTIFICATION.—The Secretary shall de-
termine whether or not to waive the criteria de-
scribed in paragraph (1)(A)(ii) based on a dem-
onstration by a local educational agency and concur-
rence by the State educational agency that the local
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‘‘SEC. 1712. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to eligible local educational agencies under
section 1711(b) to enable the local educational agencies
to support local or statewide education reform efforts in-
tended to improve the academic achievement of elementary
school and secondary school students and the quality of
instruction provided for the students.
‘‘(b) ALLOCATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall award a grant to an
eligible local educational agency under section
1711(b) for a fiscal year in an amount equal to the
initial amount determined under paragraph (2) for
the fiscal year minus the total amount received
under the provisions of law described under section
1711(c) for the preceding fiscal year.
‘‘(2) 
DETERMINATION
OF
THE
INITIAL
AMOUNT.—The initial amount referred to in para-
graph (1) is equal to $100 multiplied by the total
number of students, over 50 students, in average
daily attendance in such eligible agency plus
$20,000, except that the initial amount may not ex-
ceed $60,000.
‘‘(3) RATABLE ADJUSTMENT.—
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‘‘(c) DISBURSAL.—The Secretary shall disburse the
funds awarded to a local educational agency under this
section for a fiscal year not later than July 1 of that year.
‘‘(d) SPECIAL RULE.—A local educational agency
that is eligible to receive a grant under this subpart for
a fiscal year shall be ineligible to receive funds for such
fiscal year under subpart 2.
‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made
available under this section shall be used to supplement
and not supplant any other Federal, State, or local edu-
cation funds.
‘‘SEC. 1713. ACCOUNTABILITY.
‘‘(a) ACADEMIC ACHIEVEMENT.—
‘‘(1) IN
GENERAL.—Each local educational
agency that uses or receives funds under section
1711 or 1712 for a fiscal year shall administer an
assessment consistent with section 1111.
‘‘(2) SPECIAL
RULE.—Each local educational
agency that uses or receives funds under section
1711 or 1712 shall use the same assessment de-
scribed in paragraph (1) for each year of participa-
tion in the program under such section.
‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION
REGARDING CONTINUING PARTICIPATION.—Each State
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educational agency that receives funding under the provi-
sions of law described in section 1711(c) shall—
‘‘(1) after the second year that a local edu-
cational agency participates in a program under sec-
tion 1711 or 1712 and on the basis of the results
of the assessments described in subsection (a), deter-
mine whether the schools served by the local edu-
cational agency participating in the program per-
formed in accordance with section 1111; and
‘‘(2) only permit those local educational agen-
cies that so participated and make adequate yearly
progress, as described in section 1111(b)(2), to con-
tinue to so participate.
‘‘Subpart 2—Rural Education Assistance
‘‘SEC. 1721. PROGRAM AUTHORIZED.
‘‘(a) RESERVATIONS.—From amounts appropriated
under section 1002(f) for this subpart for a fiscal year,
the Secretary shall reserve 1⁄2 of 1 percent to make awards
to elementary or secondary schools operated or supported
by the Bureau of Indian Affairs to carry out the purpose
of this subpart.
‘‘(b) GRANTS TO STATES.—
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 1002(f) for this subpart that
are not reserved under subsection (a), the Secretary
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shall award grants for a fiscal year to State edu-
cational agencies that have applications approved
under section 1723 to enable the State educational
agencies to award subgrants to eligible local edu-
cational agencies for local authorized activities de-
scribed in subsection (c)(2).
‘‘(2) 
ALLOCATION.—From 
amounts 
appro-
priated for this subpart, the Secretary shall allocate
to each State educational agency for a fiscal year an
amount that bears the same ratio to the amount of
funds appropriated under section 1002(f) for this
subpart that are not reserved under subsection (a)
as the number of students in average daily attend-
ance served by eligible local educational agencies in
the State bears to the number of all such students
served by eligible local educational agencies in all
States for that fiscal year.
‘‘(3) DIRECT
AWARDS
TO
SPECIALLY
QUALI-
FIED AGENCIES.—
‘‘(A) NONPARTICIPATING
STATE.—If a
State educational agency elects not to partici-
pate in the program under this subpart or does
not have an application approved under section
1723 a specially qualified agency in such State
desiring a grant under this subpart shall submit
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an application under such section directly to the
Secretary to receive an award under this sub-
part.
‘‘(B) DIRECT
AWARDS
TO
SPECIALLY
QUALIFIED
AGENCIES.—The Secretary may
award, on a competitive basis, the amount the
State educational agency is eligible to receive
under paragraph (2) directly to specially quali-
fied agencies in the State.
‘‘(c) LOCAL AWARDS.—
‘‘(1) ELIGIBILITY.—A local educational agency
shall be eligible to receive funds under this subpart
if—
‘‘(A) 20 percent or more of the children
aged 5 to 17, inclusive, served by the local edu-
cational agency are from families with incomes
below the poverty line; and
‘‘(B) all of the schools served by the agen-
cy are designated with a school code of 6, 7, or
8 as determined by the Secretary of Education.
‘‘(2) USES OF FUNDS.—Grant funds awarded
to local educational agencies or made available to
schools under this subpart shall be used for—
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‘‘(A) teacher recruitment and retention, in-
cluding the use of signing bonuses and other fi-
nancial incentives;
‘‘(B) teacher professional development, in-
cluding programs that train teachers to utilize
technology to improve teaching and to train
special needs teachers;
‘‘(C) educational technology, including
software and hardware as described in part B
of title V;
‘‘(D) parental involvement activities; or
‘‘(E) programs to improve student aca-
demic achievement.
‘‘SEC. 1722. STATE DISTRIBUTION OF FUNDS.
‘‘(a) AWARD BASIS.—A State educational agency
shall award grants to eligible local educational agencies—
‘‘(1) on a competitive basis; or
‘‘(2) according to a formula based on the num-
ber of students in average daily attendance served
by the eligible local educational agencies or schools
(as appropriate) in the State, as determined by the
State.
‘‘(b) ADMINISTRATIVE COSTS.—A State educational
agency receiving a grant under this subpart may not use
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more than 5 percent of the amount of the grant for State
administrative costs.
‘‘SEC. 1723. APPLICATIONS.
‘‘Each State educational agency and specially quali-
fied agency desiring to receive a grant under this subpart
shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as
the Secretary may require. Such application shall include
specific measurable goals and objectives relating to in-
creased student academic achievement, decreased student
dropout rates, or such other factors that the State edu-
cational agency or specially qualified agency may choose
to measure.
‘‘SEC. 1724. REPORTS.
‘‘(a) STATE
REPORTS.—Each State educational
agency that receives a grant under this subpart shall pro-
vide an annual report to the Secretary. The report shall
describe—
‘‘(1) the method the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to schools under
this subpart;
‘‘(2) how local educational agencies and schools
used funds provided under this subpart; and
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‘‘(3) the degree to which progress has been
made toward meeting the goals and objectives de-
scribed in the application submitted under section
1723.
‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—
Each specially qualified agency that receives a grant under
this subpart shall provide an annual report to the Sec-
retary. Such report shall describe—
‘‘(1) how such agency uses funds provided
under this subpart; and
‘‘(2) the degree to which progress has been
made toward meeting the goals and objectives de-
scribed in the application submitted under section
1723.
‘‘(c) REPORT TO CONGRESS.—The Secretary shall
prepare and submit to the Committee on Education and
the Workforce for the House of Representatives and the
Committee on Health, Education, Labor, and Pensions for
the Senate an annual report. The report shall describe—
‘‘(1) the methods the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to schools under
this subpart;
‘‘(2) how eligible local educational agencies and
schools used funds provided under this subpart; and
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‘‘(3) progress made in meeting specific measur-
able educational goals and objectives.
‘‘SEC. 1725. PERFORMANCE REVIEW.
‘‘Three years after a State educational agency or spe-
cially qualified agency receives funds under this part, the
Secretary shall review the progress of such agency toward
achieving the goals and objectives included in its applica-
tion, to determine whether the agency has made progress
toward meeting such goals and objectives. To review the
performance of each agency, the Secretary shall—
‘‘(1) review the use of funds of such agency
under section 1721(c)(2); and
‘‘(2) deny the provision of additional funds in
subsequent fiscal years to an agency only if the Sec-
retary determines, after notice and an opportunity
for a hearing, that the agency’s use of funds has
been inadequate to justify continuation of such fund-
ing.
‘‘SEC. 1726. DEFINITIONS.
‘‘In this subpart—
‘‘(1) The term ‘poverty line’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
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Act (42 U.S.C. 9902(2))) applicable to a family of
the size involved.
‘‘(2) The term ‘specially qualified agency’
means an eligible local educational agency, located in
a State that does not participate in a program under
this subpart in a fiscal year, that may apply directly
to the Secretary for a grant in such year under sec-
tion 1721(b)(3)(A).
‘‘Subpart 3—General Provisions
‘‘SEC. 1731. DEFINITION.
‘‘In this part, the term ‘State’ means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.’’.
PART H—GENERAL PROVISIONS OF TITLE I
SEC. 181. GENERAL PROVISIONS.
Title I is amended further by adding at the end the
following:
‘‘PART H—GENERAL PROVISIONS
‘‘SEC. 1801. FEDERAL REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
issue such regulations as are necessary to ensure reason-
able compliance with this title.
‘‘(b) NEGOTIATED RULEMAKING PROCESS.—
‘‘(1) IN GENERAL.—Prior to publishing in the
Federal Register proposed regulations to carry out
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this title, the Secretary shall obtain the advice and
recommendations of representatives of Federal,
State, and local administrators, parents, teachers,
paraprofessionals, and members of local boards of
education involved with the implementation and op-
eration of programs under this title.
‘‘(2) 
MEETINGS
AND
ELECTRONIC
EX-
CHANGE.—Such advice and recommendation may be
obtained through such mechanisms as regional meet-
ings and electronic exchanges of information.
‘‘(3) PROPOSED REGULATIONS.—After obtain-
ing such advice and recommendations, and prior to
publishing proposed regulations, the Secretary
shall—
‘‘(A) establish a negotiated rulemaking
process on a minimum of three key issues,
including—
‘‘(i) accountability;
‘‘(ii) implementation of assessments;
and
‘‘(iii) use of paraprofessionals;
‘‘(B) select individuals to participate in
such process from among individuals or groups
which provided advice and recommendations, in-
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cluding representation from all geographic re-
gions of the United States; and
‘‘(C) prepare a draft of proposed regula-
tions that shall be provided to the individuals
selected by the Secretary under subparagraph
(B) not less than 15 days prior to the first
meeting under such process.
‘‘(4) PROCESS.—Such process—
‘‘(A) shall be conducted in a timely manner
to ensure that final regulations are issued by
the Secretary not later than 1 year after the
date of the enactment of the No Child Left Be-
hind Act of 2001; and
‘‘(B) shall not be subject to the Federal
Advisory Committee Act but shall otherwise fol-
low the provisions of the Negotiated Rule-
making Act of 1990 (5 U.S.C. 561 et seq.).
‘‘(5) EMERGENCY
SITUATION.—In an emer-
gency situation in which regulations to carry out this
title must be issued within a very limited time to as-
sist State and local educational agencies with the op-
eration of a program under this title, the Secretary
may issue proposed regulations without following
such process but shall, immediately thereafter and
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prior to issuing final regulations, conduct regional
meetings to review such proposed regulations.
‘‘(c) LIMITATION.—Regulations to carry out this part
may not require local programs to follow a particular in-
structional model, such as the provision of services outside
the regular classroom or school program.
‘‘SEC. 1802. AGREEMENTS AND RECORDS.
‘‘(a) AGREEMENTS.—All published proposed regula-
tions shall conform to agreements that result from nego-
tiated rulemaking described in section 1801 unless the
Secretary reopens the negotiated rulemaking process or
provides a written explanation to the participants involved
in the process explaining why the Secretary decided to de-
part from and not adhere to such agreements.
‘‘(b) RECORDS.—The Secretary shall ensure that an
accurate and reliable record of agreements reached during
the negotiations process is maintained.
‘‘SEC. 1803. STATE ADMINISTRATION.
‘‘(a) RULEMAKING.—
‘‘(1) IN GENERAL.—Each State that receives
funds under this title shall—
‘‘(A) ensure that any State rules, regula-
tions, and policies relating to this title conform
to the purposes of this title and provide any
such proposed rules, regulations, and policies to
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the committee of practitioners under subsection
(b) for their review and comment;
‘‘(B) minimize such rules, regulations, and
policies to which their local educational agencies
and schools are subject;
‘‘(C) eliminate or modify State and local
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds
under schoolwide programs; and
‘‘(D) identify any such rule, regulation, or
policy as a State-imposed requirement.
‘‘(2) 
SUPPORT
AND
FACILITATION.—State
rules, regulations, and policies under this title shall
support and facilitate local educational agency and
school-level systemic reform designed to enable all
children to meet the challenging State student aca-
demic achievement standards.
‘‘(b) COMMITTEE OF PRACTITIONERS.—
‘‘(1) IN
GENERAL.—Each State educational
agency shall create a State committee of practi-
tioners to advise the State in carrying out its re-
sponsibilities under this title.
‘‘(2) 
MEMBERSHIP.—Each 
such 
committee
shall include—
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‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies;
‘‘(B) administrators, including the admin-
istrators of programs described in other parts
of this title;
‘‘(C) teachers, including vocational edu-
cators;
‘‘(D) parents;
‘‘(E) members of local boards of education;
‘‘(F) representatives of private school chil-
dren; and
‘‘(G) pupil services personnel.
‘‘(3) DUTIES.—The duties of such committee
shall include a review, prior to publication, of any
proposed or final State rule or regulation pursuant
to this title. In an emergency situation where such
rule or regulation must be issued within a very lim-
ited time to assist local educational agencies with
the operation of the program under this title, the
State educational agency may issue a regulation
without prior consultation, but shall immediately
thereafter convene the State committee of practi-
tioners to review the emergency regulation prior to
issuance in final form.
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‘‘SEC. 1804. LOCAL ADMINISTRATIVE COST LIMITATION.
‘‘(a) LOCAL ADMINISTRATIVE COST LIMITATION.—
Each local educational agency may use not more than 4
percent of funds received under part A for administrative
expenses.
‘‘(b) REGULATIONS.—The Secretary, after consulting
with State and local officials and other experts in school
finance, shall develop and issue regulations that define the
term administrative cost for purposes of this title. Such
definition shall be consistent with generally accepted ac-
counting principles. The Secretary shall publish final regu-
lations on this section not later than 1 year after the date
of the enactment of the No Child Left Behind Act of 2001.
‘‘SEC. 1805. APPLICABILITY.
‘‘Nothing in this title shall be construed to affect
home schools nor shall any home schooled student be re-
quired to participate in any assessment referenced in this
title.
‘‘SEC. 1806. PRIVATE SCHOOLS.
‘‘Nothing in this title shall be construed to affect any
private school that does not receive funds or services under
this title, nor shall any student who attends a private
school that does not receive funds or services under this
title be required to participate in any assessment ref-
erenced in this title.
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‘‘SEC. 1807. PRIVACY OF ASSESSMENT RESULTS.
‘‘Any results from individual assessments referenced
in this title which become part of the education records
of the student shall have the protections as provided in
section 444 of the General Education Provisions Act.’’.
TITLE 
II—PREPARING, 
TRAIN-
ING, AND RECRUITING QUAL-
ITY TEACHERS
SEC. 201. TEACHER QUALITY TRAINING AND RECRUITING
FUND.
Title II (20 U.S.C. 6601 et seq.) is amended to read
as follows:
‘‘TITLE II—PREPARING, TRAIN-
ING, AND RECRUITING QUAL-
ITY TEACHERS
‘‘PART A—TEACHER QUALITY TRAINING AND
RECRUITING FUND
‘‘SEC. 2001. PURPOSE.
‘‘The purpose of this part is to provide grants to
States and local educational agencies in order to assist
their efforts to increase student academic achievement
through such strategies as improving teacher and prin-
cipal quality and increasing the number of highly qualified
teachers in the classroom.
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‘‘Subpart 1—Grants to States to Prepare, Train, and
Recruit Qualified Teachers
‘‘SEC. 2011. FORMULA GRANTS TO STATES.
‘‘(a) IN GENERAL.—In the case of each State that
in accordance with section 2013 submits to the Secretary
an application for a fiscal year, the Secretary shall make
a grant for the year to the State for the uses specified
in section 2012. The grant shall consist of the allotment
determined for the State under subsection (b).
‘‘(b) DETERMINATION
OF
AMOUNT
OF
ALLOT-
MENTS.—
‘‘(1) RESERVATION
OF
FUNDS.—From the
amount made available to carry out this subpart for
any fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent for allotments for the
Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands, to be distributed among these outlying
areas on the basis of their relative need, as de-
termined by the Secretary in accordance with
the purpose of this part; and
‘‘(B) 1⁄2 of 1 percent for the Secretary of
the Interior for programs under this subpart
for professional development activities for
teachers, other staff, and administrators in
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schools operated or funded by the Bureau of In-
dian Affairs.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) HOLD HARMLESS.—
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (B), from the total amount
made available to carry out this subpart
for any fiscal year and not reserved under
paragraph (1), the Secretary shall allot to
each of the 50 States, the District of Co-
lumbia, and the Commonwealth of Puerto
Rico an amount equal to the total amount
that such State received for fiscal year
2001 under—
‘‘(I) section 2202(b) of this Act
(as in effect on the day before the
date of the enactment of the No Child
Left Behind Act of 2001); and
‘‘(II) section 306 of the Depart-
ment of Education Appropriations
Act, 2001 (as enacted into law by sec-
tion 1(a)(1) of Public Law 106–554).
‘‘(ii) NONPARTICIPATING STATES.—In
the case of a State that did not receive any
funds for fiscal year 2001 under one or
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both of the provisions referred to in sub-
clauses (I) and (II) of clause (i), the
amount allotted to the State under such
clause shall be the total amount that the
State would have received for fiscal year
2001 if it had elected to participate in all
of the programs for which it was eligible
under each of the provisions referred to in
such subclauses.
‘‘(iii) RATABLE
REDUCTION.—If the
total amount made available to carry out
this subpart for any fiscal year and not re-
served under paragraph (1) is insufficient
to pay the full amounts that all States are
eligible to receive under clause (i) for any
fiscal year, the Secretary shall ratably re-
duce such amounts for such fiscal year.
‘‘(B) 
ALLOTMENT
OF
ADDITIONAL
FUNDS.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), for any fiscal year for which the total
amount made available to carry out this
subpart and not reserved under paragraph
(1) exceeds the total amount required to
make allotments under subparagraph (A),
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the Secretary shall allot such excess
amount among the 50 States, the District
of Columbia, and the Commonwealth of
Puerto Rico as follows:
‘‘(I) 50 percent of such excess
amount shall be allotted among such
States on the basis of their relative
populations of individuals aged 5
through 17, as determined by the Sec-
retary on the basis of the most recent
satisfactory data.
‘‘(II) 50 percent of such excess
amount shall be allotted among such
States in proportion to the number of
children, aged 5 to 17, who reside
within the State from families with in-
comes below the poverty line (as de-
fined by the Office of Management
and Budget and revised annually in
accordance with section 673(2) of the
Community Services Block Grant Act
(42 U.S.C. 9902(2)) applicable to a
family of the size involved for the
most recent fiscal year for which sat-
isfactory data are available, compared
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to the number of such individuals who
reside in all such States for that fiscal
year.
‘‘(ii) EXCEPTION.—No State receiving
an allotment under clause (i) may receive
less than 1⁄2 of 1 percent of the total ex-
cess amount allotted under such clause.
‘‘(3) REALLOTMENT.—If any State does not
apply for an allotment under this subsection for any
fiscal year, the Secretary shall reallot such amount
to the remaining States in accordance with this sub-
section.
‘‘SEC. 2012. WITHIN-STATE ALLOCATIONS.
‘‘(a) USE OF FUNDS.—Each State receiving a grant
under this subpart shall use the funds provided under the
grant in accordance with this section to carry out activities
for the improvement of teaching and learning.
‘‘(b) RESERVATION OF FUNDS.—
‘‘(1) IN
GENERAL.—A State that receives a
grant under this subpart may reserve not more than
5 percent of the amount of the funds provided under
the grant for—
‘‘(A) one or more of the authorized State
activities described in subsection (e); and
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‘‘(B) planning and administration related
to carrying out such activities and making sub-
grants to local educational agencies under sub-
parts 2 and 3.
‘‘(2) LIMITATION ON ADMINISTRATIVE COSTS.—
The amount reserved by a State under paragraph
(1)(B) may not exceed 1 percent of the amount of
the funds provided under the grant.
‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.—
‘‘(1) IN GENERAL.—The Secretary may make a
grant to a State under this subpart only if the State
agrees to distribute the funds described in this sub-
section as subgrants to local educational agencies
under subpart 3.
‘‘(2) HOLD HARMLESS.—
‘‘(A) IN GENERAL.—From the funds that
a State receives under this subpart for any fis-
cal year that are not reserved under subsection
(b), the State shall allot to each local edu-
cational agency an amount equal to the total
amount that such agency received for fiscal
year 2001 under—
‘‘(i) section 2203(1)(B) of this Act (as
in effect on the day before the date of the
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enactment of the No Child Left Behind
Act of 2001); and
‘‘(ii) section 306 of the Department of
Education Appropriations Act, 2001 (as
enacted into law by section 1(a)(1) of Pub-
lic Law 106–554).
‘‘(B) NONPARTICIPATING
AGENCIES.—In
the case of a local educational agency that did
not receive any funds for fiscal year 2001 under
one or both of the provisions referred to in
clauses (i) and (ii) of subparagraph (A), the
amount allotted to the agency under such sub-
paragraph shall be the total amount that the
agency would have received for fiscal year 2001
if it had elected to participate in all of the pro-
grams for which it was eligible under each of
the provisions referred to in such clauses.
‘‘(C) RATABLE REDUCTION.—If the funds
described in subparagraph (A) are insufficient
to pay the full amounts that all local edu-
cational agencies are eligible to receive under
such subparagraph for any fiscal year, the
State shall ratably reduce such amounts for
such fiscal year.
‘‘(3) ALLOTMENT OF ADDITIONAL FUNDS.—
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‘‘(A) IN
GENERAL.—For any fiscal year
for which the funds that a State receives under
this subpart that are not reserved under sub-
section (b) exceed the total amount required to
make allotments under paragraph (2), the State
shall distribute the amount described in sub-
paragraph (B) through a formula under
which—
‘‘(i) 20 percent is allocated to local
educational agencies in accordance with
the relative enrollment in public and pri-
vate nonprofit elementary and secondary
schools within the boundaries of such
agencies; and
‘‘(ii) 80 percent is allocated to local
educational agencies in proportion to the
number of children, aged 5 to 17, who re-
side within the geographic area served by
such agency from families with incomes
below the poverty line (as defined by the
Office of Management and Budget and re-
vised annually in accordance with section
673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2))) applicable
to a family of the size involved for the
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most recent fiscal year for which satisfac-
tory data are available, compared to the
number of such individuals who reside in
the geographic areas served by all the local
educational agencies in the State for that
fiscal year.
‘‘(B) CALCULATION OF AMOUNT.—
‘‘(i) IN GENERAL.—The amount de-
scribed in this subparagraph for a State
for any fiscal year is the base amount for
such State and year, plus any additional
amount for such State and year.
‘‘(ii) BASE AMOUNT.—For purposes of
this subparagraph, the term ‘base amount’
means 50 percent of the funds that remain
to a State after a State makes the reserva-
tions described in subsection (b) and the
allotments described in paragraph (2).
‘‘(iii) 
ADDITIONAL
AMOUNT.—For
purposes of this subparagraph, the term
‘additional amount’ means the amount (if
any) by which the base amount for a State
exceeds the maximum amount described in
subsection (d)(2)(B).
‘‘(d) MATH AND SCIENCE PARTNERSHIPS.—
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‘‘(1) IN GENERAL.—The Secretary may make a
grant to a State under this subpart only if the State
agrees to distribute the amount described in para-
graph (2) through a competitive subgrant process in
accordance with subpart 2.
‘‘(2) AMOUNT DESCRIBED.—
‘‘(A) IN GENERAL.—The amount described
in this paragraph for a State for any fiscal year
is 50 percent of the funds that the State re-
ceives under this subpart for the year that re-
main after the State makes the reservations de-
scribed in subsection (b) and the allotments de-
scribed in subsection (c)(2).
‘‘(B) LIMITATION.—In no case may the
amount described in this paragraph exceed a
maximum amount calculated by multiplying the
total amount of the funds that a State receives
under this subpart for a fiscal year that the
State does not reserve under subsection (b) by
a percentage, selected by the State, that shall
be not less than 15 nor more than 20 percent.
‘‘(e) AUTHORIZED STATE ACTIVITIES.—The author-
ized State activities referred to in subsection (b)(1)(A) are
the following:
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‘‘(1) Reforming teacher certification, recertifi-
cation, or licensure requirements to ensure that—
‘‘(A) teachers have the necessary teaching
skills and academic content knowledge in the
subject areas in which they are assigned to
teach;
‘‘(B) teacher certification, recertification,
or licensure requirements are aligned with the
State’s challenging State academic content
standards; and
‘‘(C) teachers have the knowledge and
skills necessary to help students meet chal-
lenging State student achievement standards.
‘‘(2) Carrying out programs that—
‘‘(A) include support during the initial
teaching or leadership experience, such as men-
toring programs that—
‘‘(i) provide—
‘‘(I) 
mentoring 
to 
beginning
teachers from veteran teachers with
expertise in the same subject matter
that the beginning teachers will be
teaching; or
‘‘(II) similar mentoring to prin-
cipals or superintendents;
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‘‘(ii) provide mentors time for activi-
ties such as coaching, observing, and as-
sisting the teachers or school leaders who
are mentored; and
‘‘(iii) use standards or assessments
for guiding beginning teachers that are
consistent with the State’s student achieve-
ment standards and with the requirements
for 
professional 
development 
activities
under section 2033; and
‘‘(B) establish, expand, or improve alter-
native routes to State certification of teachers,
especially in the areas of mathematics and
science, for highly qualified individuals with a
baccalaureate degree, including mid-career pro-
fessionals from other occupations, paraprofes-
sionals, former military personnel, and recent
college or university graduates with records of
academic distinction who demonstrate the po-
tential to become highly effective teachers.
‘‘(3) Developing and implementing effective
mechanisms to assist local educational agencies and
schools in effectively recruiting and retaining highly
qualified and effective teachers and principals.
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‘‘(4) Reforming tenure systems and imple-
menting teacher testing and other procedures to ex-
peditiously remove ineffective teachers from the
classroom.
‘‘(5) Developing enhanced performance systems
to measure the effectiveness of specific professional
development programs and strategies.
‘‘(6) Providing technical assistance to local edu-
cational agencies consistent with this part.
‘‘(7) Funding projects to promote reciprocity of
teacher certification or licensure between or among
States, except that no reciprocity agreement devel-
oped under this paragraph or developed using funds
provided under this part may lead to the weakening
of any State teaching certification or licensing re-
quirement.
‘‘(8) Developing or assisting local educational
agencies in the development and utilization of prov-
en, innovative strategies to deliver intensive profes-
sional development programs that are both cost-ef-
fective and easily accessible, such as through the use
of technology and distance learning.
‘‘(9) Providing assistance to local educational
agencies for the development and implementation of
innovative professional development programs that
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train teachers to use technology to improve teaching
and learning and are consistent with the require-
ments of section 2033.
‘‘(10) Developing or assisting local educational
agencies in developing merit-based performance sys-
tems, rigorous assessments for teachers, and strate-
gies which provide differential and bonus pay for
teachers in high-need subject areas such as reading,
math, and science and in high-poverty schools and
districts.
‘‘(11) Providing assistance to local educational
agencies for the development and implementation of
professional development programs for principals
that enable them to be effective school leaders and
prepare all students to achieve challenging State
content and student achievement standards, includ-
ing the development and support of school leadership
academies to help exceptionally talented aspiring or
current principals and superintendents become out-
standing managers and educational leaders.
‘‘(12) Developing, or assisting local educational
agencies in developing, teacher advancement initia-
tives that promote professional growth and empha-
size multiple career paths (such as career teacher,
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mentor teacher, and master teacher) and pay dif-
ferentiation.
‘‘(f) COORDINATION.—States receiving grants under
section 202 of the Higher Education Act of 1965 shall
coordinate the use of such funds with activities carried out
under this section.
‘‘SEC. 2013. APPLICATIONS BY STATES.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably
require.
‘‘(b) CONTENTS.—Each application under this sec-
tion shall include the following:
‘‘(1) A description of how the State will ensure
that a local educational agency receiving a subgrant
under subpart 3 will comply with the requirements
of such subpart.
‘‘(2) A description of how the State will use
funds under this part to meet the requirements of
section 1119(a)(2).
‘‘(3) A description of how the State will coordi-
nate professional development activities authorized
under this part with professional development activi-
ties provided under other Federal, State, and local
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programs, including those authorized under title I,
part A of title III, parts A and B of title V, and
(where applicable) the Individuals with Disabilities
Education Act and the Carl D. Perkins Vocational
and Technical Education Act. The application shall
also describe the comprehensive strategy that the
State will take as part of such coordination effort,
to ensure that teachers are trained in the utilization
of technology so that technology and its applications
are effectively used in the classroom to improve
teaching and learning in all curriculum and content
areas, as appropriate.
‘‘(4) A description of how the State will encour-
age the development of proven, innovative strategies
to deliver intensive professional development pro-
grams that are both cost-effective and easily acces-
sible, such as through the use of technology and dis-
tance learning.
‘‘(5) A description of how the State will ensure
that local educational agencies will comply with the
requirements under section 2033, especially with re-
spect to ensuring the participation of teachers, prin-
cipals, and parents.
‘‘(c) APPLICATION APPROVAL.—A State application
submitted to the Secretary under this section shall be
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deemed approved by the Secretary unless the Secretary
makes a written determination, within 90 days after re-
ceiving the application, that the application is in violation
of the provisions of this subpart. The Secretary shall not
finally disapprove a State application except after giving
the State notice and opportunity for a hearing.
‘‘Subpart 2—Math and Science Partnerships
‘‘SEC. 2021. PURPOSE.
‘‘The purpose of this subpart is to improve the
achievement of students in the areas of mathematics and
science by encouraging States, institutions of higher edu-
cation, and local educational agencies to participate in
programs that—
‘‘(1) focus on education and training of mathe-
matics and science teachers that improves teachers’
knowledge and skills and encourages intellectual
growth;
‘‘(2) improve mathematics and science teaching
by encouraging institutions of higher education to
assume greater responsibility for improving mathe-
matics and science teacher education through the es-
tablishment of a comprehensive, integrated system of
recruiting, training, and advising such teachers; and
‘‘(3) bring mathematics and science teachers in
elementary and secondary schools together with sci-
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entists, mathematicians, and engineers to increase
the subject matter knowledge of teachers and im-
prove their teaching skills through the use of sophis-
ticated laboratory equipment and work space, com-
puting facilities, libraries, and other resources that
institutions of higher education are better able to
provide than the schools.
‘‘SEC. 2022. APPLICATION REQUIREMENTS.
‘‘(a) IN GENERAL.—An eligible partnership seeking
to receive a subgrant from a State under this subpart shall
submit an application to the State at such time, in such
manner, and accompanied by such information as the
State may require.
‘‘(b) PARTNERSHIP APPLICATION CONTENTS.—Each
such application shall include—
‘‘(1) an assessment of the teacher quality and
professional development of all the schools and agen-
cies participating in the eligible partnership with re-
spect to the teaching and learning of mathematics
and science;
‘‘(2) a description of how the activities to be
carried out by the eligible partnership will be aligned
with State academic content standards in mathe-
matics and science and with other educational re-
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form activities that promote student achievement in
mathematics and science;
‘‘(3) a description of how the activities to be
carried out by the eligible partnership will be based
on a review of relevant research, and an explanation
of why the activities are expected to improve student
achievement and to strengthen the quality of mathe-
matics and science instructions; and
‘‘(4) a description of—
‘‘(A) how the eligible partnership will carry
out the activities described in section 2023(c);
and
‘‘(B) the eligible partnership’s evaluation
and accountability plan described in section
2024.
‘‘SEC. 2023. MATH AND SCIENCE PARTNERSHIP SUB-
GRANTS.
‘‘(a) IN GENERAL.—From the amount described in
section 2012(d), the State educational agency, working in
conjunction with the State agency for higher education (if
such agencies are separate), shall award subgrants on a
competitive basis to eligible partnerships to enable such
partnerships to carry out activities described in subsection
(c).
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‘‘(b) DURATION.—The State shall award subgrants
under this subpart for a period of not less than 2 and
not more than 5 years.
‘‘(c) AUTHORIZED ACTIVITIES.—A recipient of funds
provided under this subpart may use the funds for the
following activities related to elementary or secondary
schools:
‘‘(1) Establishing and operating mathematics
and science summer professional development work-
shops or institutes for elementary and secondary
school teachers that—
‘‘(A) shall—
‘‘(i) directly relate to the curriculum
and content areas in which the teacher
provides instruction, and focus only sec-
ondarily on pedagogy;
‘‘(ii) enhance the ability of a teacher
to understand and use the State’s aca-
demic content standards for mathematics
and science and to select appropriate cur-
ricula;
‘‘(iii) train teachers to use curricula
that are—
‘‘(I) based on scientific research;
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‘‘(II) aligned with State academic
content standards; and
‘‘(III) 
object-centered, 
experi-
ment-oriented, and concept- and con-
tent-based; and
‘‘(iv) provide supplemental assistance
and follow-up training during the school
year for summer institute graduates; and
‘‘(B) may include—
‘‘(i) programs that provide prospective
teachers and novice teachers opportunities
to work under the guidance of experienced
teachers and college faculty;
‘‘(ii) instruction in the use of data
and assessments to inform and instruct
classroom practice; and
‘‘(iii) professional development activi-
ties, including supplemental and follow-up
activities, such as curriculum alignment,
distance learning, and activities that train
teachers to utilize technology in the class-
room.
‘‘(2) Recruiting to the teaching profession—
‘‘(A) students studying mathematics, engi-
neering, and science; or
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‘‘(B) mathematicians, engineers, and sci-
entists currently working in the field.
‘‘(3) Establishing and operating programs to
bring teachers into contact with working scientists,
mathematicians, and engineers, to expand teacher
content knowledge of and research in science and
mathematics.
‘‘(d) PRIORITY.—In awarding subgrants under this
subpart, States shall give priority to applications seeking
funding for the activity described in subsection (c)(1).
‘‘(e) COORDINATION.—Partnerships receiving grants
under section 203 of the Higher Education Act of 1965
(20 U.S.C. 1023) shall coordinate the use of such funds
with any related activities carried out by such partnership
with funds made available under this subpart.
‘‘SEC. 2024. EVALUATION AND ACCOUNTABILITY PLAN.
‘‘(a) IN GENERAL.—Each eligible partnership receiv-
ing a subgrant under this subpart shall develop an evalua-
tion and accountability plan for activities assisted under
this subpart that includes rigorous performance objectives
that measure the impact of activities funded under this
subpart.
‘‘(b) CONTENTS.—The plan—
‘‘(1) shall include measurable goals to increase
the number of mathematics and science teachers
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who participate in content-based professional devel-
opment activities; and
‘‘(2) may include objectives and measures for—
‘‘(A) improved student achievement on
State mathematics and science assessments;
‘‘(B) increased participation by students in
advanced courses in mathematics and science;
‘‘(C) increased percentages of elementary
school teachers with academic majors or mi-
nors, or group majors or minors, in mathe-
matics, engineering, or the sciences; and
‘‘(D) increased percentages of secondary
school classes in mathematics and science
taught by teachers with academic majors in
mathematics and science, respectively.
‘‘SEC. 2025. REPORTS; REVOCATION OF SUBGRANTS.
‘‘(a) REPORTS.—Each eligible partnership receiving
a subgrant under this subpart annually shall report to the
State regarding the eligible partnership’s progress in
meeting the performance objectives described in section
2024.
‘‘(b) REVOCATION.—If the State determines that an
eligible partnership that receives a subgrant under this
subpart for 5 years is not making substantial progress in
meeting the performance objectives described in section
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2024 by the end of the third year of the subgrant, the
subgrant payments shall not be made for the fourth and
fifth years.
‘‘SEC. 2026. DEFINITIONS.
‘‘In this subpart:
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means a partnership that—
‘‘(A) shall include—
‘‘(i) a State educational agency;
‘‘(ii) a mathematics or science depart-
ment of a private independent institution
of higher education or a State-supported
public institution of higher education; and
‘‘(iii) a high need local educational
agency; and
‘‘(B) may include—
‘‘(i) another institution of higher edu-
cation or the teacher training department
of such an institution;
‘‘(ii) additional local educational agen-
cies, public charter schools, public or pri-
vate elementary or secondary schools, or a
consortium of such schools;
‘‘(iii) a business; or
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‘‘(iv) a nonprofit organization of dem-
onstrated effectiveness, including a mu-
seum or research institution.
‘‘(2) SUMMER
PROFESSIONAL
DEVELOPMENT
WORKSHOP OR INSTITUTE.—The term ‘summer pro-
fessional development workshop or institute’ means
a workshop or institute that—
‘‘(A) is conducted during a period of not
less than 2 weeks;
‘‘(B) includes as a component a program
that provides direct interaction between stu-
dents and faculty; and
‘‘(C) provides for follow-up training during
the academic year that is conducted in the
classroom for a period of not less than 3 con-
secutive or nonconsecutive days, except that—
‘‘(i) if the workshop or institute is
conducted during a two-week period, the
follow-up training shall be conducted for a
period of at least 4 days; and
‘‘(ii) if the follow-up training is for
teachers in rural school districts, it may be
conducted through distance learning.
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‘‘Subpart 3—Subgrants to Local Educational
Agencies
‘‘SEC. 2031. LOCAL USE OF FUNDS.
‘‘(a) IN GENERAL.—Subject to subsection (b), each
local educational agency that receives a subgrant under
this subpart may use the subgrant to carry out the fol-
lowing activities:
‘‘(1) Initiatives to assist in recruiting and hir-
ing fully qualified teachers who will be assigned
teaching positions within their field, including—
‘‘(A) providing signing bonuses or other fi-
nancial incentives, such as differential pay, for
teachers to teach in academic subject areas in
which there exists a shortage of such fully
qualified teachers within a school or the local
educational agency;
‘‘(B) establishing programs that—
‘‘(i) recruit professionals from other
fields and provide such professionals with
alternative routes to teacher certification;
and
‘‘(ii) provide increased opportunities
for minorities, individuals with disabilities,
and other individuals underrepresented in
the teaching profession; and
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‘‘(C) implementing hiring policies that en-
sure comprehensive recruitment efforts as a
way to expand the applicant pool, such as
through identifying teachers certified through
alternative routes, coupled with a system of in-
tensive screening designed to hire the most
qualified applicant.
‘‘(2) Initiatives to promote retention of highly
qualified teachers and principals, particularly within
elementary and secondary schools with a high per-
centage of low-achieving students, including pro-
grams that provide—
‘‘(A) mentoring to newly hired teachers,
such as from master teachers, or principals or
superintendents;
‘‘(B) incentives, including financial incen-
tives, to retain teachers who have a record of
success in helping low-achieving students im-
prove their academic success; or
‘‘(C) incentives, including financial incen-
tives, to principals who have a record of improv-
ing the performance of all students, but par-
ticularly students from economically disadvan-
taged families and students from racial and
ethnic minority groups.
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‘‘(3) Programs and activities that are designed
to improve the quality of the teacher force, such
as—
‘‘(A) innovative professional development
programs (which may be through partnerships
including institutions of higher education), in-
cluding programs that train teachers and prin-
cipals to utilize technology to improve teaching
and learning, are consistent with the require-
ments of section 2033, and are coordinated
with part B of title V;
‘‘(B) development and utilization of prov-
en, cost-effective strategies for the implementa-
tion of professional development activities, such
as through the utilization of technology and dis-
tance learning;
‘‘(C) tenure reform;
‘‘(D) merit pay;
‘‘(E) testing of elementary and secondary
school teachers in the subject areas taught by
such teachers;
‘‘(F) professional development programs
that provide instruction in how to teach chil-
dren with different learning styles, particularly
children with disabilities and children with spe-
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cial learning needs (including those who are
gifted and talented); and
‘‘(G) professional development programs
that provide instruction in methods of improv-
ing student behavior in the classroom and how
to identify early and appropriate interventions
to help children described in subparagraph (F)
learn.
‘‘(4) Teacher opportunity payments, consistent
with section 2034.
‘‘(5) Professional activities designed to improve
the quality of principals and superintendents, includ-
ing the development and support of academies to
help exceptionally talented aspiring or current prin-
cipals and superintendents become outstanding man-
agers and educational leaders.
‘‘(6) Hiring fully qualified teachers, including
teachers who become fully qualified through State
and local alternative routes, and special education
teachers, in order to reduce class size, particularly in
the early grades.
‘‘(7) Teacher advancement initiatives that pro-
mote professional growth and emphasize multiple ca-
reer paths (such as career teacher, mentor teacher,
and master teacher) and pay differentiation.
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‘‘(b) SPECIAL RULE.—
‘‘(1) IN
GENERAL.—For any fiscal year for
which 
the 
amount 
described 
in 
section
2012(d)(2)(A) for a State is less than 15 percent of
the total amount of the funds that the State receives
under this subpart for the year that the State does
not reserve under section 2012(b), each local edu-
cational agency that receives a subgrant under this
subpart from the State shall use the funds to comply
with paragraph (2).
‘‘(2) REQUIREMENT.—A local educational agen-
cy required to comply with this paragraph shall use
not less than the amount expended by the agency
under section 2206(b) of this Act (as in effect on
the day before the date of the enactment of the No
Child Left Behind Act of 2001), for the fiscal year
preceding the year in which such enactment occurs,
to carry out professional development activities in
mathematics and science.
‘‘SEC. 2032. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—A local educational agency seek-
ing to receive a subgrant from a State under this subpart
shall submit an application to the State—
‘‘(1) at such time as the State shall require;
and
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‘‘(2) which is coordinated with other programs
under this Act, or other Acts, as appropriate.
‘‘(b) LOCAL APPLICATION CONTENTS.—The local ap-
plication described in subsection (a), shall include, at a
minimum, the following:
‘‘(1) An assurance that the local educational
agency will target funds to schools within the juris-
diction of the local educational agency that—
‘‘(A) have the lowest proportion of fully
qualified teachers;
‘‘(B) have the largest average class size; or
‘‘(C) are identified for school improvement
under section 1116(b).
‘‘(2) A description of how the local educational
agency will coordinate professional development ac-
tivities authorized under this subpart with profes-
sional development activities provided through other
Federal, State, and local programs, including those
authorized under title I, part A of title III, parts A
and B of title V, and (where applicable) the Individ-
uals with Disabilities Education Act and the Carl D.
Perkins Vocational and Technical Education Act.
‘‘(3) A description of how the local educational
agency will integrate funds under this subpart with
funds received under part B of title V that are used
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for professional development to train teachers to uti-
lize technology to improve teaching and learning.
‘‘(4) A description of how the local educational
agency has collaborated with teachers, principals,
parents, and administrators in the preparation of
the application.
‘‘SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
‘‘(a) REQUIREMENTS FOR PROFESSIONAL DEVELOP-
MENT ACTIVITIES.—Professional development activities
under this subpart shall—
‘‘(1) 
meet 
the 
requirements 
of 
section
1119(a)(2);
‘‘(2) support professional development activities
that give teachers, principals, and administrators the
knowledge and skills to provide students with the op-
portunity to meet challenging State academic con-
tent standards and student achievement standards;
‘‘(3) support the recruiting, hiring, and training
of fully qualified teachers, including teachers fully
qualified through State and local alternative routes;
‘‘(4) advance teacher understanding of effective
instructional strategies based on scientifically based
research for improving student achievement, at a
minimum, in reading or language arts and mathe-
matics;
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‘‘(5) be directly related to the curriculum and
content areas in which the teacher provides instruc-
tion, except that this paragraph shall not apply to
subparagraphs (F) and (G) of section 2031(3);
‘‘(6) be designed to enhance the ability of a
teacher to understand and use the State’s standards
for the subject area in which the teacher provides in-
struction;
‘‘(7) be tied to scientifically based research
demonstrating the effectiveness of such professional
development activities or programs in increasing stu-
dent achievement or substantially increasing the
knowledge and teaching skills of teachers;
‘‘(8) be of sufficient intensity and duration (not
to include 1-day or short-term workshops and con-
ferences) to have a positive and lasting impact on
the teacher’s performance in the classroom;
‘‘(9) be developed with extensive participation
of teachers, principals, parents, and administrators
of schools to be served under this subpart;
‘‘(10) be designed to give teachers of limited
English proficient children, and other teachers and
instructional staff, the knowledge and skills to pro-
vide instruction and appropriate language and aca-
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demic support services to such children, including
the appropriate use of curriculum and assessments;
‘‘(11) to the extent appropriate, provide train-
ing for teachers and principals in the use of tech-
nology so that technology and its applications are ef-
fectively used in the classroom to improve teaching
and learning in the curriculum and academic content
areas in which the teachers provide instruction;
‘‘(12) as a whole, be regularly evaluated for
their impact on increased teacher effectiveness and
improved student achievement, with the findings of
such evaluations used to improve the quality of pro-
fessional development; and
‘‘(13) provide instruction in methods of teach-
ing children with special needs.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—
Professional development activities under this subpart
may include—
‘‘(1) instruction in the use of data and assess-
ments to inform and instruct classroom practice;
‘‘(2) instruction in ways that teachers, prin-
cipals, pupil services personnel, and school adminis-
trators may work more effectively with parents;
‘‘(3) the forming of partnerships with institu-
tions of higher education to establish school-based
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teacher training programs that provide prospective
teachers and novice teachers with an opportunity to
work under the guidance of experienced teachers and
college faculty;
‘‘(4) the creation of programs for paraprofes-
sionals (assisting teachers employed by a local edu-
cational agency receiving assistance under this part)
to obtain the education necessary for such para-
professionals to become licensed and certified teach-
ers; and
‘‘(5) activities that provide follow-up training to
teachers who have participated in professional devel-
opment activities which are designed to ensure that
the knowledge and skills learned by the teacher are
implemented in the classroom.
‘‘(c) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—If, after any fiscal year, a
State determines that the programs or activities
funded by a local educational agency fail to meet the
requirements of subsection (a), the State shall notify
the agency that—
‘‘(A) it may be subject to paragraph (2);
and
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‘‘(B) technical assistance is available from
the State to help the agency meet those require-
ments.
‘‘(2) REQUIREMENT TO PROVIDE TEACHER OP-
PORTUNITY PAYMENTS.—A local educational agency
that has been notified by a State for 2 consecutive
years under paragraph (1) shall expend under sec-
tion 2034 for the succeeding fiscal year a proportion
of the amount the agency receives under this sub-
part that is equal to the proportion of the amount
the agency received under this part for the preceding
fiscal year that the agency used for professional de-
velopment.
‘‘SEC. 2034. TEACHER OPPORTUNITY PAYMENTS.
‘‘(a) IN GENERAL.—A local educational agency re-
ceiving funds under this subpart may (or, in the case of
a local educational agency described in section 2033(c)(2),
shall) provide funds directly to a teacher or a group of
teachers seeking opportunities to participate in a profes-
sional development activity of their choice that meets the
requirements of section 2033(a) and is selected in con-
sultation with the principal in order to coordinate such
professional development with other reform efforts at the
school.
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‘‘(b) NOTICE
TO
TEACHERS.—Local educational
agencies distributing funds under this section shall estab-
lish and implement a timely process through which proper
notice of availability of funds will be given to all teachers
within schools identified by the agency and shall develop
a process whereby teachers will have regular consultation
with and be specifically recommended by principals to par-
ticipate in such program by virtue of—
‘‘(1) a teacher not being fully qualified to teach
in the subject or subjects in which they teach; or
‘‘(2) a teacher’s need for additional assistance
to ensure that the teacher’s students make progress
toward meeting challenging State academic content
standards and student achievement standards.
‘‘(c) SELECTION OF TEACHERS.—If adequate fund-
ing is not available to provide payments under this section
to all teachers seeking such assistance or identified as
needing such assistance pursuant to subsection (b), a local
educational agency shall establish procedures for selecting
teachers that give priority to teachers described in para-
graph (1) or (2) of subsection (b).
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‘‘Subpart 4—Mid-Career Transitions to Teaching
‘‘CHAPTER 1—TROOPS-TO-TEACHERS
PROGRAM
‘‘SEC. 2041. AUTHORIZATION OF TROOPS-TO-TEACHERS
PROGRAM.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
carry out a program (to be known as the ‘Troops-to-
Teachers Program’)—
‘‘(1) to assist eligible members and former
members of the Armed Forces described in section
2042 to obtain certification or licensure as fully
qualified elementary school teachers, secondary
school teachers, or vocational or technical teachers;
and
‘‘(2) to facilitate the employment of such mem-
bers in elementary schools or secondary schools or as
vocational or technical teachers.
‘‘(b) ADMINISTRATION OF PROGRAM.—The Secretary
shall enter into a memorandum of agreement with the Sec-
retary of Defense under which the Secretary of Defense,
acting through the Defense Activity for Non-Traditional
Education Support of the Department of Defense, will
perform the actual administration of the Program, other
than section 2045. Using funds appropriated to the Sec-
retary to carry out this chapter, the Secretary shall trans-
fer to the Secretary of Defense such amounts as may be
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necessary to administer the Program pursuant to the
memorandum of agreement.
‘‘(c) INFORMATION
REGARDING
PROGRAM.—The
Secretary shall provide to the Secretary of Defense, for
distribution as part of preseparation counseling provided
under section 1142 of title 10, United States Code, to
members of the Armed Forces described in section 2042,
information regarding the Troops-to-Teachers Program
and applications to participate in the program.
‘‘(d) PLACEMENT
ASSISTANCE
AND
REFERRAL
SERVICES.—As part of the Troops-to-Teachers Program,
the Secretary may, with the agreement of the Secretary
of Defense, provide placement assistance and referral serv-
ices regarding employment opportunities with local edu-
cational agencies to members of the Armed Forces who
are discharged or released from active duty under other
than adverse conditions. Unless the member is also se-
lected to participate in the Program under section 2042,
a member receiving placement assistance and referral
services under the authority of this subsection is not eligi-
ble for financial assistance under section 2043.
‘‘SEC. 2042. RECRUITMENT AND SELECTION OF PROGRAM
PARTICIPANTS.
‘‘(a) ELIGIBLE MEMBERS.—The following members
and former members of the Armed Forces are eligible for
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selection to participate in the Troops-to-Teachers Pro-
gram:
‘‘(1) Any member who—
‘‘(A) on or after October 1, 1999, becomes
entitled to retired or retainer pay in the manner
provided in title 10 or title 14, United States
Code; or
‘‘(B) on or after the date of the enactment
of the No Child Left Behind Act of 2001, has
an approved date of voluntary retirement and,
as of the date the member submits an applica-
tion to participate in the Program, has one year
or less of active duty remaining before retire-
ment.
‘‘(2) Any member who, on or after the date of
the enactment of the No Child Left Behind Act of
2001—
‘‘(A) is separated or released from active
duty after six or more years of continuous ac-
tive duty immediately before the separation or
release; and
‘‘(B) executes a reserve commitment agree-
ment for a period of three years under sub-
section (e)(2).
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‘‘(3) Any member who, on or after the date of
the enactment of the No Child Left Behind Act of
2001, is retired or separated for physical disability
under chapter 61 of title 10, United States Code.
‘‘(4) Any member who—
‘‘(A) during the period beginning on Octo-
ber 1, 1990, and ending on September 30,
1999, was involuntarily discharged or released
from active duty for purposes of a reduction of
force after six or more years of continuous ac-
tive duty immediately before the discharge or
release; or
‘‘(B) applied for the teacher placement
program administered under section 1151 of
title 10, United States Code, before its repeal,
and who satisfied the eligibility criteria specified
in subsection (c) of such section 1151.
‘‘(b) SUBMISSION OF APPLICATIONS.—
‘‘(1) FORM AND SUBMISSION.—Selection of eli-
gible members and former members of the Armed
Forces to participate in the Troops-to-Teachers Pro-
gram shall be made on the basis of applications sub-
mitted to the Secretary within the time periods spec-
ified in paragraph (2). An application shall be in
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such form and contain such information as the Sec-
retary may require.
‘‘(2) TIME
FOR
SUBMISSION.—An application
shall be considered to be submitted on a timely basis
under paragraph (1) if—
‘‘(A) in the case of a member or former
member of the Armed Forces described in para-
graph (1), (2), or (3) of subsection (a), the ap-
plication is submitted not later than four years
after the date on which the member is retired
or separated or released from active duty,
whichever applies to the member; or
‘‘(B) in the case of a member or former
member described in subsection (a)(4), the ap-
plication is submitted not later than September
30, 2003.
‘‘(c) SELECTION CRITERIA.—
‘‘(1) ESTABLISHMENT.—Subject to paragraphs
(2) and (3), the Secretary shall prescribe the criteria
to be used to select eligible members and former
members of the Armed Forces to participate in the
Troops-to-Teachers Program.
‘‘(2) EDUCATIONAL BACKGROUND.—If a mem-
ber or former member of the Armed Forces de-
scribed in paragraph (1), (2), or (3) of subsection
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(a) is applying for assistance for placement as an el-
ementary or secondary school teacher, the Secretary
shall require the member to have received a bacca-
laureate or advanced degree from an accredited in-
stitution of higher education. If such a member is
applying for assistance for placement as a vocational
or technical teacher, the Secretary shall require the
member—
‘‘(A) to have received the equivalent of one
year of college from an accredited institution of
higher education and have six or more years of
military experience in a vocational or technical
field; or
‘‘(B) to otherwise meet the certification or
licensure requirements for a vocational or tech-
nical teacher in the State in which the member
seeks assistance for placement under the Pro-
gram.
‘‘(3) HONORABLE
SERVICE.—A member or
former member of the Armed Forces is eligible to
participate in the Troops-to-Teachers Program only
if the member’s last period of service in the Armed
Forces was characterized as honorable. If the mem-
ber is selected to participate in the Program before
the retirement of the member or the separation or
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release of the member from active duty, the member
may continue to participate in the Program only if,
upon the retirement or separation or release from
active duty, the member’s last period of service is
characterized as honorable.
‘‘(d) SELECTION PRIORITIES.—In selecting eligible
members and former members of the Armed Forces to re-
ceive assistance for placement as elementary or secondary
school teachers or vocational or technical teachers, the
Secretary shall give priority to members who have edu-
cational or military experience in science, mathematics,
special education, or vocational or technical subjects and
agree to seek employment as science, mathematics, or spe-
cial education teachers in elementary or secondary schools
or in other schools under the jurisdiction of a local edu-
cational agency.
‘‘(e) OTHER CONDITIONS ON SELECTION.—
‘‘(1) SELECTION SUBJECT TO FUNDING.—The
Secretary may not select an eligible member or
former member of the Armed Forces to participate
in the Troops-to-Teachers Program under this sec-
tion and receive financial assistance under section
2043 unless the Secretary has sufficient appropria-
tions for the Program available at the time of the
selection to satisfy the obligations to be incurred by
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the United States under section 2043 with respect
to the member.
‘‘(2) RESERVE
COMMITMENT
AGREEMENT.—
The Secretary may not select an eligible member or
former member of the Armed Forces described in
subsection (a)(2)(A) to participate in the Troops-to-
Teachers Program under this section and receive fi-
nancial assistance under section 2043 unless—
‘‘(A) the Secretary notifies the Secretary
concerned and the member that the Secretary
has reserved a full stipend or bonus under sec-
tion 2043 for the member; and
‘‘(B) the member executes a written agree-
ment with the Secretary concerned to serve as
a member of the Selected Reserve of a reserve
component of the Armed Forces for a period of
three years (in addition to any other reserve
commitment the member may have).
‘‘SEC. 2043. PARTICIPATION AGREEMENT AND FINANCIAL
ASSISTANCE.
‘‘(a) 
PARTICIPATION
AGREEMENT.—An 
eligible
member or former member of the Armed Forces selected
to participate in the Troops-to-Teachers Program under
section 2042 and receive financial assistance under this
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section shall be required to enter into an agreement with
the Secretary in which the member agrees—
‘‘(1) to obtain, within such time as the Sec-
retary may require, certification or licensure as a
fully qualified elementary school teacher, secondary
school teacher, or vocational or technical teacher;
and
‘‘(2) to accept an offer of full-time employment
as a fully qualified elementary school teacher, sec-
ondary school teacher, or vocational or technical
teacher for not less than three school years with a
local educational agency or public charter school, to
begin the school year after obtaining that certifi-
cation or licensure.
‘‘(b) VIOLATION
OF PARTICIPATION AGREEMENT;
EXCEPTIONS.—A participant in the Troops-to-Teachers
Program shall not be considered to be in violation of the
participation agreement entered into under subsection (a)
during any period in which the participant—
‘‘(1) is pursuing a full-time course of study re-
lated to the field of teaching at an institution of
higher education;
‘‘(2) is serving on active duty as a member of
the Armed Forces;
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‘‘(3) is temporarily totally disabled for a period
of time not to exceed three years as established by
sworn affidavit of a qualified physician;
‘‘(4) is unable to secure employment for a pe-
riod not to exceed 12 months by reason of the care
required by a spouse who is disabled;
‘‘(5) is seeking and unable to find full-time em-
ployment as a fully qualified teacher in an elemen-
tary or secondary school or as a vocational or tech-
nical teacher for a single period not to exceed 27
months; or
‘‘(6) satisfies the provisions of additional reim-
bursement exceptions that may be prescribed by the
Secretary.
‘‘(c) STIPEND FOR PARTICIPANTS.—
‘‘(1) STIPEND AUTHORIZED.—Subject to para-
graph (2), the Secretary may pay to a participant in
the Troops-to-Teachers Program selected under sec-
tion 2042 a stipend in an amount up to $5,000.
‘‘(2) LIMITATION.—The total number of sti-
pends that may be paid under paragraph (1) in any
fiscal year may not exceed 3,000.
‘‘(d) BONUS FOR PARTICIPANTS.—
‘‘(1) BONUS
AUTHORIZED.—Subject to para-
graph (2), the Secretary may, in lieu of paying a sti-
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pend under subsection (c), pay a bonus of $10,000
to a participant in the Troops-to-Teachers Program
selected under section 2042 who agrees in the par-
ticipation agreement under subsection (a) to accept
full-time employment as a fully qualified elementary
school teacher, secondary school teacher, or voca-
tional or technical teacher for not less than three
years in a high need school.
‘‘(2) LIMITATION.—The total number of bo-
nuses that may be paid under paragraph (1) in any
fiscal year may not exceed 1,000.
‘‘(3) HIGH NEED SCHOOL DEFINED.—For pur-
poses of this subsection, the term ‘high need school’
means a public elementary school, public secondary
school, or public charter school that meets one or
more of the following criteria:
‘‘(A) At least 50 percent of the students
enrolled in the school were children counted
under subsection (c) of section 1124 for pur-
poses of making grants under such section to
local educational agencies, when such counting
was most recently performed.
‘‘(B) The school has a large percentage of
students who qualify for assistance under part
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B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.).
‘‘(C) The school meets any other criteria
established by the Secretary in consultation
with the National Assessment Governing Board.
‘‘(e) TREATMENT OF STIPEND AND BONUS.—A sti-
pend or bonus paid under this section to a participant in
the Troops-to-Teachers Program shall be taken into ac-
count in determining the eligibility of the participant for
Federal student financial assistance provided under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.).
‘‘(f) 
REIMBURSEMENT
UNDER
CERTAIN
CIR-
CUMSTANCES.—
‘‘(1) REIMBURSEMENT REQUIRED.—A partici-
pant in the Troops-to-Teachers Program who is paid
a stipend or bonus under this section shall be re-
quired to repay the stipend or bonus under the fol-
lowing circumstances:
‘‘(A) The participant fails to obtain teach-
er certification or licensure or employment as a
fully qualified elementary school teacher, sec-
ondary school teacher, or vocational or technical
teacher as required by the participation agree-
ment under subsection (a).
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‘‘(B) The participant voluntarily leaves, or
is terminated for cause, from employment as an
elementary school teacher, secondary school
teacher, or vocational or technical teacher dur-
ing the three years of required service in viola-
tion of the participation agreement.
‘‘(C) The participant executed a written
agreement with the Secretary concerned under
section 2042(e)(2) to serve as a member of a
reserve component of the Armed Forces for a
period of three years and fails to complete the
required term of service.
‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici-
pant required to reimburse the Secretary for a sti-
pend or bonus paid to the participant under this sec-
tion shall pay an amount that bears the same ratio
to the amount of the stipend or bonus as the
unserved portion of required service bears to the
three years of required service. Any amount owed by
the participant shall bear interest at the rate equal
to the highest rate being paid by the United States
on the day on which the reimbursement is deter-
mined to be due for securities having maturities of
ninety days or less and shall accrue from the day on
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which the participant is first notified of the amount
due.
‘‘(3) TREATMENT OF OBLIGATION.—The obliga-
tion to reimburse the Secretary under this sub-
section is, for all purposes, a debt owing the United
States. A discharge in bankruptcy under title 11,
United States Code, shall not release a participant
from the obligation to reimburse the Secretary.
‘‘(4) EXCEPTIONS
TO
REIMBURSEMENT
RE-
QUIREMENT.—A participant shall be excused from
reimbursement under this subsection if the partici-
pant becomes permanently totally disabled as estab-
lished by sworn affidavit of a qualified physician.
The Secretary may also waive reimbursement in
cases of extreme hardship to the participant, as de-
termined by the Secretary.
‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE
UNDER MONTGOMERY GI BILL.—The receipt by a partic-
ipant in the Troops-to-Teachers Program of a stipend or
bonus under this section shall not reduce or otherwise af-
fect the entitlement of the participant to any benefits
under chapter 30 of title 38, United States Code, or chap-
ter 1606 of title 10, United States Code.
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‘‘SEC. 2044. PARTICIPATION BY STATES.
‘‘(a) DISCHARGE OF STATE ACTIVITIES THROUGH
CONSORTIA
OF STATES.—The Secretary may permit
States participating in the Troops-to-Teachers Program to
carry out activities authorized for such States under the
Program through one or more consortia of such States.
‘‘(b) ASSISTANCE TO STATES.—
‘‘(1) GRANTS AUTHORIZED.—Subject to para-
graph (2), the Secretary may make grants to States
participating in the Troops-to-Teachers Program, or
to consortia of such States, in order to permit such
States or consortia of States to operate offices for
purposes of recruiting eligible members and former
members of the Armed Forces for participation in
the Program and facilitating the employment of par-
ticipants in the Program as elementary school teach-
ers, secondary school teachers, and vocational or
technical teachers.
‘‘(2) LIMITATION.—The total amount of grants
under paragraph (1) in any fiscal year may not ex-
ceed $4,000,000.
‘‘SEC. 2045. SUPPORT OF INNOVATIVE PRERETIREMENT
TEACHER CERTIFICATION PROGRAMS.
‘‘(a) DEVELOPMENT, IMPLEMENTATION AND DEM-
ONSTRATION.—The Secretary may enter into a memo-
randum of agreement with a State, an institution of high-
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er education, or a consortia of States or institutions of
higher education, to develop, implement, and demonstrate
teacher certification programs for members of the Armed
Forces described in section 2042(a)(1)(B) for the purpose
of assisting such members to consider and prepare for a
career as a fully qualified elementary school teacher, sec-
ondary school teacher, or vocational or technical teacher
upon their retirement from the Armed Forces.
‘‘(b) PROGRAM ELEMENTS.—A teacher certification
program under subsection (a) must—
‘‘(1) provide recognition of military experience
and training as related to licensure or certification
requirements;
‘‘(2) provide courses of instruction that may be
conducted on or near a military installation;
‘‘(3) incorporate alternative approaches to
achieve teacher certification, such as innovative
methods to gaining field-based teaching experiences,
and assessment of background and experience as re-
lated to skills, knowledge, and abilities required of
elementary school teachers, secondary school teach-
ers, or vocational or technical teachers;
‘‘(4) provide for courses to also be delivered via
distance education methods; and
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‘‘(5) address any additional requirements or
specifications as established by the Secretary.
‘‘(c) APPLICATION PROCEDURES.—A State or insti-
tution of higher education (or a consortia of States or in-
stitutions of higher education) that has a program leading
to State approved teacher certification programs may sub-
mit a proposal to the Secretary for consideration under
subsection (a). The Secretary shall give preference to pro-
posals that provide for a sharing of the costs to carry out
the teacher certification program.
‘‘(d) CONTINUATION OF PROGRAMS.—The purpose of
this section is to provide funding to develop, implement,
and demonstrate teacher certification programs under
subsection (a). Upon successful completion of the dem-
onstration phase, the continued operation of the teacher
certification programs shall not be the responsibility of the
Secretary.
‘‘(e) FUNDING LIMITATION.—The total amount obli-
gated by the Secretary under this section in any fiscal year
may not exceed $5,000,000.
‘‘SEC. 2046. REPORTING REQUIREMENTS.
‘‘(a) REPORT REQUIRED.—Not later than March 31
of each year, the Secretary (in consultation with the Sec-
retary of Defense and the Secretary of Transportation)
and the Comptroller General shall each submit to Con-
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gress a report on the effectiveness of the Troops-to-Teach-
ers Program in the recruitment and retention of qualified
personnel by local educational agencies and public charter
schools.
‘‘(b) ELEMENTS OF REPORT.—The report under sub-
section (a) shall include information on the following:
‘‘(1) The number of participants in the Troops-
to-Teachers Program.
‘‘(2) The schools in which the participants are
employed.
‘‘(3) The grade levels at which the participants
teach.
‘‘(4) The subject matters taught by the partici-
pants.
‘‘(5) The rates of retention of the participants
by the local educational agencies and public charter
schools employing the participants.
‘‘(6) Such other matters as the Secretary or the
Comptroller General, as the case may be, considers
appropriate.
‘‘(c) RECOMMENDATIONS.—The report of the Comp-
troller General under this section shall also include any
recommendations of the Comptroller General regarding
any means of improving the Troops-to-Teachers Program,
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including means of enhancing the recruitment and reten-
tion of participants in the Program.
‘‘SEC. 2047. DEFINITIONS.
‘‘For purposes of this chapter:
‘‘(1) 
ARMED
FORCES.—The 
term 
‘Armed
Forces’ means the Army, Navy, Air Force, Marine
Corps, and Coast Guard.
‘‘(2) PROGRAM.—The term ‘Program’ means
the Troops-to-Teachers Program authorized by this
subpart.
‘‘(3) RESERVE COMPONENT.—The term ‘reserve
component’ means—
‘‘(A) the Army National Guard of the
United States;
‘‘(B) the Army Reserve;
‘‘(C) the Naval Reserve;
‘‘(D) the Marine Corps Reserve;
‘‘(E) the Air National Guard of the United
States;
‘‘(F) the Air Force Reserve; and
‘‘(G) the Coast Guard Reserve.
‘‘(4) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means—
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‘‘(A) the Secretary of the Army, with re-
spect to matters concerning a reserve compo-
nent of the Army;
‘‘(B) the Secretary of the Navy, with re-
spect to matters concerning a reserve compo-
nent of the Navy;
‘‘(C) the Secretary of the Air Force, with
respect to matters concerning a reserve compo-
nent of the Air Force; and
‘‘(D) the Secretary of Transportation, with
respect to matters concerning the Coast Guard
Reserve.
‘‘CHAPTER 2—TRANSITION TO TEACHING
‘‘SEC. 2048. PROFESSIONALS SEEKING TO CHANGE CA-
REERS.
‘‘(a) PURPOSE.—The purpose of this section is to ad-
dress the need of high-need local educational agencies for
highly qualified teachers in particular subject areas, such
as mathematics, science, foreign languages, bilingual edu-
cation, and special education, needed by those agencies,
following the model of the program under chapter 1, by
recruiting, preparing, placing, and supporting career-
changing professionals who have knowledge and experi-
ence that will help them become such teachers.
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‘‘(b) PROGRAM AUTHORIZED.—The Secretary may
award grants, contracts, or cooperative agreements to in-
stitutions of higher education and public and private non-
profit agencies or organizations to carry out programs au-
thorized by this section.
‘‘(c) APPLICATION.—Each applicant that desires an
award under subsection (b) shall submit an application to
the Secretary containing such information as the Sec-
retary requires, including—
‘‘(1) a description of the target group of career-
changing professionals upon which the applicant will
focus its recruitment efforts in carrying out its pro-
gram under this section, including a description of
the characteristics of that target group that shows
how the knowledge and experience of its members
are relevant to meeting the purpose of this section;
‘‘(2) a description of the training that program
participants will receive and how that training will
relate to their certification as teachers;
‘‘(3) a description of how the applicant will col-
laborate, as needed, with other institutions, agencies,
or organizations to recruit, train, place, support, and
provide teacher induction programs to program par-
ticipants under this section, including evidence of
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the commitment of those institutions, agencies, or
organizations to the applicant’s program;
‘‘(4) a description of how the applicant will
evaluate the progress and effectiveness of its pro-
gram, including—
‘‘(A) the program’s goals and objectives;
‘‘(B) the performance indicators the appli-
cant will use to measure the program’s
progress; and
‘‘(C) the outcome measures that will be
used to determine the program’s effectiveness;
and
‘‘(5) such other information and assurances as
the Secretary may require.
‘‘(d) USES OF FUNDS AND PERIOD OF SERVICE.—
‘‘(1) AUTHORIZED
ACTIVITIES.—Funds under
this section may be used for—
‘‘(A) recruiting program participants, in-
cluding informing them of opportunities under
the program and putting them in contact with
other institutions, agencies, or organizations
that would train, place, and support them;
‘‘(B) training stipends and other financial
incentives for program participants, not to ex-
ceed $5,000 per participant;
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‘‘(C) assisting institutions of higher edu-
cation or other providers of teacher training to
tailor their training to meet the particular
needs of professionals who are changing their
careers to teaching;
‘‘(D) placement activities, including identi-
fying high-need local educational agencies with
a need for the particular skills and characteris-
tics of the newly trained program participants
and assisting those participants to obtain em-
ployment in those local educational agencies;
and
‘‘(E) post-placement induction or support
activities for program participants.
‘‘(2) PERIOD OF SERVICE.—A program partici-
pant in a program under this section who completes
his or her training shall serve in a high-need local
educational agency for at least 3 years.
‘‘(3) REPAYMENT.—The Secretary shall estab-
lish such requirements as the Secretary determines
appropriate to ensure that program participants who
receive a training stipend or other financial incentive
under paragraph (1)(B), but fail to complete their
service obligation under paragraph (2), repay all or
a portion of such stipend or other incentive.
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‘‘(e) EQUITABLE
DISTRIBUTION.—To the extent
practicable, the Secretary shall make awards under this
section that support programs in different geographic re-
gions of the United States.
‘‘(f) DEFINITION.—As used in this section, the term
‘program participants’ means career-changing profes-
sionals who—
‘‘(1) hold at least a baccalaureate degree;
‘‘(2) demonstrate interest in, and commitment
to, becoming a teacher; and
‘‘(3) have knowledge and experience that are
relevant to teaching a high-need subject area in a
high-need local educational agency.
‘‘Subpart 5—Funding
‘‘SEC. 2051. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—For the purpose of carrying out
this part, other than subpart 4, there are authorized to
be appropriated $3,600,000,000 for fiscal year 2002 and
such sums as may be necessary for each of fiscal years
2003 through 2006.
‘‘(b) SUBPART 4.—For the purpose of carrying out
subpart 4, there are authorized to be appropriated
$50,000,000 for fiscal year 2002 and such sums as may
be necessary for each of fiscal years 2003 through 2006.
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‘‘Subpart 6—General Provisions
‘‘SEC. 2061. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) ARTS AND SCIENCES.—The term ‘arts and
sciences’ means—
‘‘(A) when referring to an organizational
unit of an institution of higher education, any
academic unit that offers one or more academic
majors in disciplines or content areas cor-
responding to the academic subject matter
areas in which teachers provide instruction; and
‘‘(B) when referring to a specific academic
subject matter area, the disciplines or content
areas in which academic majors are offered by
the arts and sciences organizational unit.
‘‘(2) BEGINNING TEACHER.—The term ‘begin-
ning teacher’ means an educator in a public school
who has not yet been teaching 3 full school years.
‘‘(3) MENTORING PROGRAM.—The term ‘men-
toring program’ means to provide professional sup-
port and development, instruction, and guidance to
beginning teachers, but does not include a teacher or
individual who begins to work in a supervisory posi-
tion.
‘‘(4) PUBLICLY
REPORT.—The term ‘publicly
report’, when used with respect to the dissemination
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of information, means that the information is made
widely available to the public, including parents and
students, through such means as the Internet and
major print and broadcast media outlets.’’.
SEC. 202. NATIONAL WRITING PROJECT.
(a) TRANSFER
AND REDESIGNATION.—Part K of
title X (20 U.S.C. 8331 et seq.) is transferred and redesig-
nated as part B of title II. Sections 10991 and 10992
are redesignated as sections 2101 and 2102, respectively.
(b) EVALUATION.—Section 2102(g) (as so redesig-
nated) is amended—
(1) in paragraph (1), by striking ‘‘14701.’’ and
inserting ‘‘8651.’’; and
(2) in paragraph (2), by striking ‘‘1994’’ and
inserting ‘‘2002’’.
(c) REAUTHORIZATION.—Section 2102(i) (as so re-
designated) is amended by striking ‘‘$4,000,000 for fiscal
year 1995, and such sums as may be necessary for each
of the four succeeding fiscal years,’’ and inserting ‘‘such
sums as may be necessary for fiscal year 2002 and the
four succeeding fiscal years,’’.
(d) CONTINUATION OF AWARDS.—Notwithstanding
any other provision of this Act, any person or agency that
was awarded a grant or contract under part K of title
X (20 U.S.C. 8331 et seq.) prior to the date of the enact-
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ment of this Act shall continue to receive funds in accord-
ance with the terms of such award until the date on which
the award period terminates under such terms.
SEC. 203. CIVIC EDUCATION; TEACHER LIABILITY PROTEC-
TION.
(a) IN GENERAL.—Title II, as amended by sections
201 and 202, is further amended by adding at the end
the following:
‘‘PART C—CIVIC EDUCATION
‘‘SEC. 2201. SHORT TITLE.
‘‘This part may be cited as the ‘Education for De-
mocracy Act’.
‘‘SEC. 2202. FINDINGS.
‘‘The Congress finds that—
‘‘(1) college freshmen surveyed in 1999 by the
Higher Education Research Institute at the Univer-
sity of California at Los Angeles demonstrated high-
er levels of disengagement, both academically and
politically, than any previous entering class of stu-
dents;
‘‘(2) college freshmen in 1999 demonstrated the
lowest levels of political interest in the 20-year his-
tory of surveys conducted by the Higher Education
Research Institute at the University of California at
Los Angeles;
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‘‘(3) United States secondary school students
expressed relatively low levels of interest in politics
and economics in a 1999 Harris survey;
‘‘(4) the 32d Annual Phi Delta Kappa/Gallup
Poll of 2000 indicated that preparing students to be-
come responsible citizens was the most important
purpose of public schools;
‘‘(5) Americans surveyed by the Organization of
Economic Cooperation and Development indicated
that only 59 percent had confidence that schools
have a major effect on the development of good citi-
zenship;
‘‘(6) teachers too often do not have sufficient
expertise in the subjects that they teach, and 50 per-
cent of all secondary school history students in
America are being taught by teachers with neither a
major nor a minor in history;
‘‘(7) secondary school students correctly an-
swered fewer than 50 percent of the questions on a
national test of economic knowledge in a 1999 Har-
ris survey;
‘‘(8) the 1998 National Assessment of Edu-
cational Progress indicated that students have only
superficial knowledge of, and lacked a depth of un-
derstanding regarding, civics;
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‘‘(9) civics and economic education are impor-
tant not only to developing citizenship competencies
in the United States but also are critical to sup-
porting political stability and economic health in
other democracies, particularly emerging democratic
market economies;
‘‘(10) more than 75 percent of Americans sur-
veyed by the National Constitution Center in 1997
admitted that they knew only some or very little
about the Constitution of the United States; and
‘‘(11) the Constitution of the United States is
too often viewed within the context of history and
not as a living document that shapes current events.
‘‘SEC. 2203. PURPOSE.
‘‘It is the purpose of this part—
‘‘(1) to improve the quality of civics and gov-
ernment education by educating students about the
history and principles of the Constitution of the
United States, including the Bill of Rights;
‘‘(2) to foster civic competence and responsi-
bility; and
‘‘(3) to improve the quality of civic education
and economic education through cooperative civic
education and economic education exchange pro-
grams with emerging democracies.
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‘‘SEC. 2204. AUTHORITY.
‘‘The Secretary may make grants to, or enter into
contracts with—
‘‘(1) the Center for Civic Education to carry
out civic education activities in accordance with sec-
tions 2205 and 2206; and
‘‘(2) the National Council on Economic Edu-
cation to carry out economic education activities in
accordance with section 2206.
‘‘SEC. 2205. WE THE PEOPLE PROGRAM.
‘‘(a) USE OF FUNDS.—The Center for Civic Edu-
cation may use funds made available under grants or con-
tracts under section 2204(1) only to carry out activities—
‘‘(1) under the Citizen and the Constitution
program in accordance with subsection (b); and
‘‘(2) under the Project Citizen program in ac-
cordance with subsection (c).
‘‘(b) CITIZEN AND THE CONSTITUTION PROGRAM.—
‘‘(1) EDUCATIONAL
ACTIVITIES.—The Center
for Civic Education—
‘‘(A) shall use funds made available under
grants or contracts under section 2204(1)—
‘‘(i) to continue and expand the edu-
cational activities of the program entitled
the ‘We the People . . . The Citizen and the
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Constitution’ administered by the Center
for Civic Education;
‘‘(ii) to carry out activities to enhance
student attainment of challenging aca-
demic content standards in civics and gov-
ernment;
‘‘(iii) to provide a course of instruc-
tion on the basic principles of the Nation’s
constitutional democracy and the history of
the Constitution of the United States, in-
cluding the Bill of Rights;
‘‘(iv) to provide, at the request of a
participating school, school and community
simulated congressional hearings following
the course of instruction described in
clause (iii); and
‘‘(v) to provide an annual national
competition of simulated congressional
hearings for secondary school students who
wish to participate in such a program; and
‘‘(B) may use assistance made available
under section 2204(1)—
‘‘(i) to provide advanced sustained
and ongoing training of teachers about the
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Constitution of the United States and the
political system of the United States;
‘‘(ii) to provide materials and methods
of instruction, including teacher training,
that utilize the latest advancements in edu-
cational technology; and
‘‘(iii) to provide civic education mate-
rials and services to address specific prob-
lems such as the prevention of school vio-
lence and the abuse of drugs and alcohol.
‘‘(2) AVAILABILITY OF PROGRAM.—As a condi-
tion of receipt of funds under grants or contracts
under section 2204(1), the Secretary shall require
the Center for Civic Education to make the edu-
cation program authorized under this subsection
available to public and private elementary schools
and secondary schools, including Bureau-funded
schools, in each of the 435 congressional districts,
and in the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands.
‘‘(c) PROJECT CITIZEN.—
‘‘(1) EDUCATIONAL
ACTIVITIES.—The Center
for Civic Education—
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‘‘(A) shall use funds made available under
grants or contracts under section 2204(1)—
‘‘(i) to continue and expand the edu-
cational activities of the program entitled
the ‘We the People . . . Project Citizen’ pro-
gram administered by the Center;
‘‘(ii) to carry out activities to enhance
student attainment of challenging aca-
demic content standards in civics and gov-
ernment;
‘‘(iii) to provide a course of instruc-
tion at the middle school level on the roles
of State and local governments in the Fed-
eral system established by the Constitution
of the United States; and
‘‘(iv) to provide an annual national
showcase or competition; and
‘‘(B) may use funds made available under
grants or contracts under section 2204(1)—
‘‘(i) to provide optional school and
community 
simulated 
State 
legislative
hearings;
‘‘(ii) to provide advanced sustained
and ongoing training of teachers on the
roles of State and local governments in the